Occam Marine Technologies Ltd. v. National Research Council of Canada
T-146-98
MacKay J.
19/10/98
21 pp.
Application under Access to Information Act, s. 41 for review of decision of Minister of Industry Canada not to release certain information requested under Act, for order directing release of information in question-Information Commissioner's investigation upholding decision of respondent National Research Council of Canada (NRC), agency reporting to Minister of Industry, which has refused to release information requested by applicant-Whether refusal by NRC to release information requested by applicant properly based upon exceptions specified in Act to general principle underlying statute that access to information be provided upon request-Applicant, company based in Halifax, involved in research, development activities-Forwarding various proposals for funding to Industrial Research Assistance Program (IRAP) administered by NRC-Applicant represented by Dan Pace, director, owner, sole employee-Part of mandate under IRAP to provide funding for projects designed to enhance company's technical capability-Applicant requesting inter alia Minutes of June 1991 meeting of IRAP-M Committee meeting-In response, NRC forwarded copy of Minutes of IRAP-M Committee Meeting # 78 consisting of two pages-First of pages substantially excised-Mr. Pace suspecting copy provided to him not true copy of original document-Applicant contacted respondent by December 12, 1997 letter, seeking original page 1 of Minutes # 78, or access to it, claiming it had been disclosed-That applicant able to discern contents of document intended to be severed but inadequately obliterated not relieving respondent from obligations under Act in considering applicant's request-Excised information not released by intent-Severed information within first page of Minutes # 78 treated consistently in confidential manner by third parties that provided information on understanding it would be maintained in confidence, exempt from disclosure under Act, s. 20(1)(b)-NRC did not err in severing information about third party from page in question on basis of s. 20(1)(b)-General financial success, or lack of it, of third party having no significance in relation to decision to refuse to disclose requested information-Disclosing information at issue considered by NRC to be expected to result in material financial loss, or could reasonably be expected to prejudice competitive position of third parties concerned-Court should not intervene in exercise of discretion unless decision can be said to be unreasonable in circumstances-Severed information exempt under Act, s. 20(1)(c)-Access to Information Regulations, s. 8(2)(a) not depending upon extent of information severed from record-Respondent applied Regulations, s. 8(2)(a) in exercise of discretion on behalf of head of NRC, reasonably, to refuse access to source document from which copies made-Application dismissed-Access to Information Act, R.S.C., 1985, c. A-1, ss. 20, 41-Access to Information Regulations, SOR/83-507, s. 8(2)(a).