The complainant alleged that Fisheries and Oceans Canada (DFO) had improperly withheld information under subsection 19(1) (personal information), and paragraphs 20(1)(a) (third-party trade secrets), 20(1)(b) (confidential third‐party financial, commercial, scientific or technical information) and 20(1)(c) (financial impact on a third party) of the Access to Information Act. This was in response to an access request for correspondence between DFO and Deep Water Recovery. 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. Furthermore, both DFO and the third party conceded that paragraphs 20(1)(a) and 20(1)(c) should not have been applied to withhold information.

Neither DFO nor the third party showed that the records met all the requirements of paragraph 20(1)(b).

The complaint is well founded.

The Information Commissioner ordered DFO to disclose the information.

DFO gave notice that it would implement the order.

Institution
Fisheries and Oceans
Section of the Act
19(1)
20(1)(a)
20(1)(b)
20(1)(c)
Decision Type
Order
Final report
Date modified:
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