The complainant alleged that Export Development Canada (EDC) had improperly withheld information under subsections 18.1(1) (confidential financial, commercial, scientific or technical information of EDC) and 24(1) (disclosure restricted by another law) of the Access to Information Act in response to an access request for a summary of all financial assistance provided by EDC to Canadian companies in Honduras over $50,000, from 2009 to 2019.
EDC could not show that it met all the requirements for these exemptions. In particular, EDC did not demonstrate how the information at issue, which is shared with and retained by EDC’s customers, belonged to EDC as required in subsection 18.1.. As for subsection 24(1) of the Act, EDC invoked section 24.3 (Privileged Information) of the Export Development Act but failed to demonstrate how the information was “obtained” by, rather than “created” by EDC.
The Information Commissioner ordered that EDC disclose the policy types (acronyms), policy numbers, and maximum liability amounts that had been withheld under paragraph 18.1(1) and subsection 24(1).
EDC gave notice that it would partially implement the order, disclosing the policy types (acronyms) but not the policy numbers and maximum liability amounts. To this effect, EDC indicated that it did not agree with the Information Commissioner of Canada’s interpretation of section 24.3 of the Export Development Act and indicated that it would be seeking a review by the Federal Court.
The complaint is well founded.
Related litigation proceeding before the Federal Court: Export Development Canada v. The Information Commissioner of Canada, T-1793-22. The steps taken in this proceeding are available using the following link: Federal Court - Court Files (fct-cf.gc.ca)