Canadian privacy & access decisions

The complainant alleged that Natural Resources Canada (NRCan) improperly withheld information under paragraphs 20(1)(b), 20(1)(c), and 20(1)(d) of the Access to Information Act. The request sought records related to NRCan and/or Canadian Forest Service representatives on the Board of Governors of the Maritime College of Forest Technology (MCFT). While NRCan also withheld information under subsection 19(1) and section 23, these exemptions were not at issue in the complaint. During the investigation, MCFT agreed to disclose two pieces of information that were publicly available. For the remaining information, the Commissioner found that NRCan and MCFT failed to demonstrate that the information met the confidentiality criteria or that there was a reasonable expectation of harm from disclosure, as required by the exemptions. Consequently, the Commissioner ordered NRCan to disclose the information not covered by subsection 19(1) or section 23. NRCan subsequently notified the Commissioner that it would implement the order.

• Whether the records were under the control of Natural Resources Canada
• Whether the information was financial, commercial, scientific or technical under s.20(1)(b)
• Whether the information was confidential under s.20(1)(b)
• Whether the information was supplied by a third party to a government institution under s.20(1)(b)
• Whether the third party consistently treated the information as confidential under s.20(1)(b)
• Whether disclosure could reasonably be expected to result in material financial loss or gain to the third party under s.20(1)(c)
• Whether disclosure could reasonably be expected to injure the competitive position of the third party under s.20(1)(c)
• Whether there was a reasonable expectation of harm under s.20(1)(c)
• Whether a third party is or will be conducting contractual or other negotiations under s.20(1)(d)
• Whether disclosure could reasonably be expected to interfere with those negotiations under s.20(1)(d)
• Whether there was a reasonable expectation of harm under s.20(1)(d)

The complainant alleged that the Atlantic Canada Opportunities Agency (ACOA) improperly withheld information related to a grant made to the Organisation for Economic Co-operation and Development (OECD) under paragraphs 20(1)(b) and 20(1)(d) of the Access to Information Act. The withheld information included details about the OECD's operating expenses, ACOA's contribution, and a statement regarding the OECD. The Office of the Information Commissioner (OIC) found that neither ACOA nor the OECD provided sufficient evidence to support the application of either exemption. Specifically, the OIC determined that the information did not meet the confidentiality requirements of paragraph 20(1)(b) and that there was no reasonable expectation of harm to negotiations under paragraph 20(1)(d). Consequently, the Commissioner ordered ACOA to disclose the records in their entirety, and ACOA agreed to implement the order.

• Whether the information constitutes confidential third-party financial, commercial, scientific or technical information under s.20(1)(b) ATIA
• Whether the information is financial, commercial, scientific or technical
• Whether the information is confidential by an objective standard
• Whether the third party supplied the information to a government institution
• Whether the third party has consistently treated the information as confidential
• Whether the information could reasonably be expected to interfere with contractual or other negotiations of a third party under s.20(1)(d) ATIA
• Whether a third party is or will be conducting contractual or other negotiations
• Whether disclosing the information could interfere with those negotiations
• Whether there is a reasonable expectation that harm could occur

The complainant alleged that the Canada School of Public Service (CSPS) failed to conduct a reasonable search for emails of a specified senior executive, improperly considered the requester's identity, and intentionally deleted records. The OIC's investigation found that CSPS did not conduct a reasonable search, as evidenced by delays in initiating the search, the deletion of the executive's email account, and the subsequent discovery of additional records after OIC intervention. The Commissioner concluded that CSPS mishandled the request, including keeping it on hold without lawful authority and failing to retain responsive records. However, the OIC found no evidence of an intent to deny access or that the requester's identity influenced processing. The complaint was found to be well founded regarding the unreasonable search.

• Whether the institution conducted a reasonable search for records
• Whether the institution intentionally deleted records with intent to deny access (s.67.1 ATIA)
• Whether the institution processed the request with regard to the identity of the requester