Canadian privacy & access decisions

The complainant alleged that the Federal Economic Development Agency for Southern Ontario (FedDev Ontario) improperly withheld information under subsections 19(1), 20(1)(b), 20(1)(c), and 20(1)(d) of the Access to Information Act. The request sought information related to funding applications from The Corporation of the Town of Niagara-on-the-Lake. During the investigation, the complainant narrowed the scope, no longer requiring investigation into s.19(1) or specific financial columns for non-funded third parties. The OIC sought representations from FedDev Ontario and relevant third parties, but neither provided evidence to support the applied exemptions. The Commissioner found that the institution failed to demonstrate that the information met the requirements for confidentiality, that it was 'supplied' by a third party, or that disclosure would cause a reasonable expectation of harm to financial interests or negotiations. Consequently, the complaint was found to be well founded, and FedDev Ontario was ordered to disclose the withheld information.

• Whether s.19(1) personal information exemption was properly applied
• Whether s.20(1)(b) confidential third-party financial, commercial, scientific or technical information exemption was properly applied
• Whether the information was financial, commercial, scientific or technical
• Whether the information was confidential
• Whether the information was supplied by a third party
• Whether the third party consistently treated the information as confidential
• Whether s.20(1)(c) financial impact on a third party exemption was properly applied
• Whether disclosure could result in material financial loss or gain to the third party
• Whether there was a reasonable expectation of harm under s.20(1)(c)
• Whether s.20(1)(d) interference with contractual or other negotiations of a third party exemption was properly applied
• Whether a third party is or will be conducting contractual or other negotiations
• Whether disclosure could interfere with those negotiations
• Whether there was a reasonable expectation of harm under s.20(1)(d)