The complainant alleged that Fisheries and Oceans Canada (DFO) had improperly withheld information under 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. The request was for data analysed in the Sea Lice Science Response Report (2022/045) from January 2022 to June 2022. The allegation falls under paragraph 30(1)(a) of the Act.

Neither DFO nor the third parties to whom the information relates could show that the information met all the requirements of this exemption, in particular the parties did not establish that the information was objectively confidential or that certain information was supplied by a third party. One third party raised a new exemption, section 26 (information to be published), but did not show that the requirements of this exemption were met either.

The Information Commissioner ordered that DFO fully disclose the records. DFO gave notice to the Commissioner that it would comply with the order. The complaint is well founded.