The complainant alleged that Fisheries and Oceans Canada (DFO) 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. This was in response to an access request for medical certificates provided by Marineland for the export of five beluga whales. The complaint falls within paragraph 30(1)(a) of the Act.

The application of subsection 19(1) to withhold the records at issue was removed from the scope of the complaint.

DFO and the third party did not show that the information met all the requirements of paragraph 20(1)(b), in particular, that the information was confidential or that the third party consistently treated the information as confidential.

The Information Commissioner ordered DFO to disclose the record in its entirety, other than information withheld pursuant to subsection 19(1). DFO gave notice to the Commissioner that it would implement the order.

The complaint is well founded.