Canadian privacy & access decisions

The complainant alleged that Export Development Canada (EDC) improperly withheld information related to financial assistance provided to Canadian companies in Honduras. The request sought a summary of all financial assistance over $50,000 from 2009 to 2019. EDC claimed exemptions under subsections 18.1(1) (confidential financial, commercial, scientific or technical information of EDC) and 24(1) (disclosure restricted by another law) of the Access to Information Act. The Information Commissioner found that EDC failed to demonstrate that the information "belonged to" it for the purpose of s.18.1(1), as it was shared with and retained by customers. For s.24(1), EDC invoked section 24.3 of the Export Development Act, but the Commissioner determined that the information was "created" by EDC, not "obtained" by it, thus falling outside the scope of the exemption. The Commissioner ordered EDC to disclose policy types, policy numbers, and maximum liability amounts. EDC partially implemented the order, disclosing only policy types, and indicated its intention to seek a Federal Court review regarding the interpretation of the Export Development Act.

• Whether the information "belongs to" EDC for the purpose of s.18.1(1) ATIA
• Whether EDC consistently treated the information as confidential for the purpose of s.18.1(1) ATIA
• Whether the information was "obtained by" EDC or "created by" EDC for the purpose of s.24.3(1) of the Export Development Act
• Whether the information falls under s.24(1) ATIA due to s.24.3(1) of the Export Development Act

The complainant alleged that the Old Port of Montreal Corporation Inc. improperly withheld information related to the "Autopsy of a Murder" exhibit under several sections of the Access to Information Act. The withheld records included contracts, photographs, and inventory lists. The institution claimed exemptions under paragraphs 18(b) and 18(d) for competitive position and financial interests, subsection 19(1) for personal information, and paragraphs 20(1)(c) and 20(1)(d) for third-party financial impact and negotiations. The Commissioner found that the institution failed to provide sufficient evidence to demonstrate a reasonable expectation of harm for the exemptions under section 18 and 20. Regarding subsection 19(1), the Commissioner determined that the photographs of human remains either did not identify an individual or related to individuals deceased for over 20 years, thus not qualifying as personal information. The complaint was found to be well-founded, and the Commissioner ordered the disclosure of all information at issue.

• Whether s.18(b) ATIA (competitive position of government institutions, negotiations by government institutions) was properly applied
• Whether s.18(d) ATIA (government financial interests, undue benefit to an individual) was properly applied
• Whether s.19(1) ATIA (personal information) was properly applied to photographs of human remains
• Whether s.19(1) ATIA (personal information) was properly applied to signatures (removed from scope)
• Whether s.20(1)(c) ATIA (financial impact on a third party) was properly applied
• Whether s.20(1)(d) ATIA (negotiations by a third party) was properly applied
• Whether the Coroner's office had a right to make representations as a third party under s.35(2)(c) ATIA