Canadian privacy & access decisions

The complainant alleged that Public Services and Procurement Canada (PSPC) improperly withheld information under several sections of the Access to Information Act related to financial statements for the leaseback of seven specific buildings. The OIC investigated claims under paragraphs 18(d), 20(1)(b), 20(1)(c), 20(1)(d), and 21(1)(b). The complainant withdrew their allegation regarding subsection 19(1) and certain banking information. The OIC found that PSPC's arguments for withholding the information were largely speculative and lacked sufficient evidence to meet the requirements of the exemptions claimed, particularly concerning the potential for material harm or interference with negotiations. The Commissioner concluded that PSPC could not demonstrate that it met all the requirements of the exemptions, especially given the public interest in transparency regarding significant public funds. The complaint was found to be well-founded, and PSPC was ordered to disclose most of the withheld information. PSPC subsequently notified the Commissioner that it would comply with the order.

• Whether s.18(d) government financial interests, undue benefit to an individual, was properly applied
• Whether disclosure under s.18(d) could materially harm government financial interests
• Whether disclosure under s.18(d) could materially harm the Government of Canada’s ability to manage the economy
• Whether disclosure under s.18(d) could result in an individual or corporation receiving an undue benefit
• Whether s.20(1)(b) confidential third-party financial, commercial, scientific or technical information, was properly applied
• Whether the information is financial, commercial, scientific or technical under s.20(1)(b)
• Whether the information is confidential by an objective standard under s.20(1)(b)
• Whether the third party supplied the information to a government institution under s.20(1)(b)
• Whether the third party has consistently treated the information as confidential under s.20(1)(b)
• Whether s.20(1)(c) financial impact on a third party, was properly applied
• Whether disclosure under s.20(1)(c) could result in material financial loss or gain to the third party
• Whether disclosure under s.20(1)(c) could injure the competitive position of the third party
• Whether s.20(1)(d) negotiations by a third party, was properly applied
• Whether a third party is or will be conducting contractual or other negotiations under s.20(1)(d)
• Whether disclosure under s.20(1)(d) could interfere with those negotiations
• Whether s.21(1)(b) accounts of consultations or deliberations, was properly applied
• Whether the information is an account of consultations or deliberations under s.21(1)(b)
• Whether the information reveals the nature of deliberations under s.21(1)(b)