Decisions

The complainant alleged that Library and Archives Canada (LAC) had improperly withheld information under subsection 13(1) (confidential information from government bodies), subsection 15(1) (international affairs, defence), paragraph 16(1)(c) (law enforcement or conduct of investigations) and section 23 (legal advice and litigation privilege) of the Access to Information Act in response to an access request for the unredacted copy of the “Nazi war criminals in Canada: The historical and policy setting from the 1940s to the present – prepared for the commission of inquiry on war criminals by Alti Rodal: September 1986” (the Rodal report). The allegation falls within paragraph 30(1)(a) of the Act. LAC could not show that it met all the requirements of these exemptions. During the investigation, LAC provided a supplementary response to the request, disclosing most of the previously withheld information. In this disclosure, LAC entirely ceased its reliance on paragraph 16(1)(c) and section 23. LAC considered all relevant factors when it decided not to disclose the remainder of the withheld information.

The complaint is well founded.

The complainant alleged that Health Canada had improperly withheld information under paragraph 20(1)(b) (confidential third-party financial, commercial, scientific or technical information), 20(1)(c) (financial impact on a third party) and 21(1)(b) (accounts of consultations or deliberations) of the Access to Information Act in response to an access request for records related to Tetra Tech, including peer reviewer comments. This allegation falls under paragraph 30(1)(a) of the Act. Health Canada could not show that it met all the requirements of these exemptions - in particular, that the information was not publicly available, that it was objectively confidential, or that all of the information was provided by the third party, or that there was a real risk of competitive harm to the third party by the release of the information.  Health Canada did reasonably exercise its discretion to decide not to disclose information withheld under paragraph 21(1)(b). The Information Commissioner ordered that Health Canada disclose information withheld under paragraph 20(1)(b).

Health Canada gave notice to the Commissioner that it would implement the order.

The complaint is well founded.