Canadian privacy & access decisions

The complainant alleged that Environment and Climate Change Canada (ECCC) improperly withheld information in response to a request for the recovery strategy for the whitebark pine. The OIC investigated ECCC's application of several exemptions, including those related to personal information, third-party commercial information, federal-provincial affairs, and advice/recommendations. The Commissioner found that ECCC failed to make reasonable efforts to seek consent for personal information and did not demonstrate that third-party information met the exemption requirements. Additionally, ECCC improperly withheld factual information under advice/recommendations exemptions and did not reasonably exercise discretion for some information withheld under federal-provincial affairs. The Commissioner ordered ECCC to seek consent for personal information, disclose certain third-party and factual information, and re-exercise discretion for specific records. ECCC agreed to comply with the order, leading to a well-founded complaint.

• Whether s.19(1) personal information exemption was properly applied to the name and contact information of an individual
• Whether ECCC made reasonable efforts to seek consent under s.19(2)(a) for personal information
• Whether the personal information was publicly available under s.19(2)(b)
• Whether disclosure of personal information would be consistent with s.8 of the Privacy Act under s.19(2)(c)
• Whether the information met the requirements of s.20(1)(b) for confidential third-party financial, commercial, scientific or technical information
• Whether the information was supplied by a third party under s.20(1)(b)
• Whether the third party consistently treated the information as confidential under s.20(1)(b)
• Whether the information met the requirements of s.21(1)(b) for accounts of consultations or deliberations
• Whether factual information was improperly withheld under s.21(1)(b)
• Whether ECCC reasonably exercised discretion under s.21(1)(b) for information Parks Canada indicated could be disclosed
• Whether ECCC reasonably exercised discretion under s.21(1)(b) for other information
• Whether the information met the requirements of s.21(1)(a) for advice or recommendations
• Whether factual information was improperly withheld under s.21(1)(a)
• Whether ECCC reasonably exercised discretion under s.21(1)(a)
• Whether the information met the requirements of s.14 for federal-provincial affairs
• Whether ECCC reasonably expected harm to federal-provincial affairs from disclosure of information on page 2947
• Whether ECCC reasonably exercised discretion under s.14

The complainant alleged that the Port Alberni Port Authority (PAPA) improperly withheld information under several sections of the Access to Information Act in response to a request for documents related to the lease or sale of its assets. The investigation focused on withheld company names and financial amounts. PAPA claimed exemptions under paragraphs 18(a), 18(b), 18(c), subsection 19(1), and paragraphs 20(1)(b) and 20(1)(c). The Commissioner found that PAPA failed to demonstrate that the withheld information met the requirements for any of the claimed exemptions. Specifically, PAPA did not show that the financial information had substantial value, that its disclosure would harm its competitive position or interfere with negotiations, or that the information was scientific/technical from government research. The Commissioner also determined that a company name was not personal information and that the third-party commercial information was not objectively confidential nor was a clear link established between disclosure and financial harm. Consequently, the Commissioner ordered PAPA to disclose the redacted information. PAPA agreed to implement the order, and the complaint was found to be well founded.

• Whether s.18(a) ATIA (government financial, commercial, scientific or technical information) applied to the withheld amounts related to equipment rental
• Whether the withheld financial information had substantial value under s.18(a) ATIA
• Whether s.18(b) ATIA (competitive position of government institutions or negotiations by government institutions) applied to the withheld amounts related to equipment rental
• Whether disclosure of the information would reasonably be expected to harm PAPA's competitive position or interfere with negotiations under s.18(b) ATIA
• Whether s.18(c) ATIA (government scientific or technical information obtained from research) applied to any withheld information
• Whether the withheld information was scientific or technical, obtained through government research, and if its disclosure would jeopardize publication rights under s.18(c) ATIA
• Whether s.19(1) ATIA (personal information) applied to the name of a company
• Whether the company name constituted personal information under s.19(1) ATIA
• Whether s.20(1)(b) ATIA (confidential third-party financial, commercial, scientific or technical information) applied to the third party's name and leased premises information
• Whether the third-party information was confidential by an objective standard under s.20(1)(b) ATIA
• Whether s.20(1)(c) ATIA (financial impact on a third party) applied to portions of a lease agreement and specific amounts
• Whether disclosure of the information would reasonably be expected to cause material financial loss or gain to the third party or injure its competitive position under s.20(1)(c) ATIA