The complainant alleged that Agriculture and Agri-Food Canada (AAFC) had improperly withheld information under subsection 19(1) (personal information) and paragraph 20(1)(b) (confidential third-party financial, commercial, scientific or technical information) of the Access to Information Act in response to an access request for communications with the National Farm Animal Care Council (NFACC) regarding the Five-Year Review Summary Report and the proposed amendments to the Code of Practice for the Care and Handling of Pigs. The complaint falls within paragraph 30(1)(a) of the Act.

During the course of the investigation, the AAFC disclosed portions of records initially withheld pursuant to subsection 19(1) and paragraph 20(1)(b).

The Information Commissioner was satisfied that the information that remained withheld under subsection 19(1) met the criteria of the exemption. The AAFC reasonably exercised its discretion to decide not to release the information.

Neither the institution nor the third party demonstrated that the information met the requirements for exemption pursuant to paragraph 20(1)(b).

The complaint is well founded.

The Commissioner ordered the AAFC to disclose all information withheld under paragraph 20(1)(b), unless it qualifies for exemption pursuant to subsection 19(1) or is outside the scope of the request, as outlined in the report.

The institution gave notice to the Commissioner that it would not follow the order, in light of new information regarding the impacts releasing the information would have, and that it would be applying to the Federal Court pursuant to subsection 41(2) of the Act.