The complainant alleged that Environment and Climate Change Canada (ECCC) had improperly withheld information under subsection 16(2) (facilitating the commission of an offence), subsection 19(1) (personal information), paragraph 20(1)(d) (negotiations by a third party), paragraph 21(1)(a) (advice or recommendations), paragraph 21(1)(b) (accounts of consultations or deliberations) and section 23 (solicitor-client and litigation privilege) of the Access to Information Act in response to an access request. The request was for records related to Taseko Mines Limited’s (Taseko) New Prosperity Project from July 2012 to March 2014. The allegation falls under paragraph 30(1)(a) of the Act.

The parties did not demonstrate that the requirements of paragraphs 20(1)(d), 21(1)(a), 21(1)(b) or section 23 were met for certain information. Where the requirements of discretionary exemptions were met, ECCC demonstrated that it had reasonably exercised its discretion.

The Information Commissioner ordered that ECCC disclose certain information where the parties had not demonstrated that the requirements of paragraphs 20(1)(d), 21(1)(a), 21(1)(b) or section 23 were met. ECCC gave notice to the Commissioner that it would comply with the order.

The complaint is well founded.