The complainant alleged that Environment and Climate Change Canada (ECCC) had improperly withheld information under subsections 16(2) (facilitating the commission of an offence) and 19(1) (personal information), and paragraphs 20(1)(b) (confidential third‐party financial, commercial, scientific or technical information), 21(1)(a) (advice or recommendations) and 21(1)(b) (accounts of consultations or deliberations) of the Access to Information Act. This was in response to an access request for information concerning the Roberts Bank Terminal 2 Project, specifically relating to biofilm and shorebirds. The complaint falls within paragraph 30(1)(a) of the Act.

The application of subsections 16(2) and 19(1) to withhold the records at issue was removed from the scope of the complaint.

ECCC showed that the records, with the exception of a scientific manuscript, met all the requirements of paragraphs 21(1)(a) or 21(1)(b), though there were inconsistencies in disclosure.

During the investigation, ECCC decided to no longer oppose disclosure of the manuscript that had been withheld under paragraphs 20(1)(b), 21(1)(a) and 21(1)(b). The third party did not respond to the Office of the Information Commissioner’s requests for representations.

The Information Commissioner ordered that ECCC disclose the manuscript. The Commissioner also ordered ECCC to correct the inconsistencies in disclosure.

ECCC gave notice that it would implement the order.

The complaint is well founded.