Canadian privacy & access decisions

The complainant alleged that the Impact Assessment Agency of Canada (IAAC) improperly withheld information under paragraphs 20(1)(b), 20(1)(c), and 20(1)(d) of the Access to Information Act, concerning the Ksi Lisims LNG project. The complaint was later limited to specific pages, with page 57 also including a s.19(1) claim. The Commissioner found that the IAAC properly withheld personal information on page 57 under s.19(1), as no circumstances for disclosure under s.19(2) existed. For page 67, the Commissioner upheld the application of s.20(1)(c) for proprietary information but found the IAAC failed to exercise its discretion under s.20(6). However, the Commissioner rejected the application of s.20(1)(b), s.20(1)(c), and s.20(1)(d) for pages 62, 63, 65, and 73, determining the information was either publicly available or did not meet the exemption criteria for harm or confidentiality. Consequently, the complaint was found well-founded. The IAAC was ordered to disclose information on pages 62, 63, 65, and 73, and to properly exercise discretion for page 67.

• Whether the information on page 57 constituted personal information under s.19(1) ATIA
• Whether the circumstances for disclosure under s.19(2) ATIA existed for page 57
• Whether the IAAC reasonably exercised its discretion under s.19(2) ATIA for page 57
• Whether the information on page 67 could reasonably be expected to have a material financial impact on a third party or harm its competitive position under s.20(1)(c) ATIA
• Whether the information on pages 62, 63, 65, and 73 could reasonably be expected to have a material financial impact on a third party or harm its competitive position under s.20(1)(c) ATIA
• Whether the IAAC failed to consider the circumstances and exercise discretion under s.20(6) ATIA for page 67
• Whether the information on pages 62, 63, 65, and 73 was confidential financial, commercial, scientific or technical information provided by a third party under s.20(1)(b) ATIA
• Whether the information on pages 62, 63, 65, and 73 could reasonably be expected to interfere with contractual or other negotiations of a third party under s.20(1)(d) ATIA
• Whether the information on page 62 was publicly available
• Whether the information on pages 63, 65, and 73 was publicly available or its essence already disclosed