Decisions

The complainant alleged that the Canadian Broadcasting Corporation (CBC) had improperly withheld information under section 68.1 (journalistic, creative or programming activities of the Canadian Broadcasting Corporation) and paragraph 18(b) (competitive position of government institutions, negotiations by government institutions)

of the Access to Information Act in response to an access request. The request was for the number of paid subscribers to Gem. This allegation falls under paragraph 30(1)(a) of the Act.

The Information Commissioner found that the number of paid subscribers to CBC Gem, even if it is related to CBC’s programming activities, also relates to its general administration. This means the exception to the exclusion is engaged. The Commissioner concluded that the information does not meet the requirements of section 68.1.

The Commissioner also found that, while CBC did identify possible harms to its competitive position or to ongoing negotiations, it did not demonstrate that there was a reasonable expectation that these harms could occur, well beyond a mere possibility. The Commissioner concluded that the information does not meet the requirements of paragraph 18(b).

The Commissioner ordered CBC to disclose the withheld information.

CBC gave notice to the Commissioner that it would not be implementing the order.

The complaint is well founded.

The complainant alleged that Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC had improperly withheld information under paragraph 20(1)(b) (confidential third party financial, commercial, scientific or technical information), paragraph 20(1)(c) (financial impact on a third party), and section 23 (solicitor-client and litigation privilege) of the Access to Information Act. This was in response to an access request for the agreement, land claim settlement signed in the year 2000 between the federal Canadian government and the Squamish band.

Neither CIRNAC nor the third party showed that the information met the requirements of the exemptions - in particular how there was a clear and direct connection between the disclosure of any specific information and a risk of harm, that the information could result in a reasonable expectation of interference with negotiations, or that privilege applies. The Information Commissioner ordered CIRNAC to disclose the records in their entirety. CIRNAC gave notice to the Commissioner that it would not be disclosing the records.