Can the government refuse to release information I request because it contains trade secrets?

What the Law Says

Canada’s Access to Information Act sets out when federal institutions must — and must not — disclose requested records. Section 20 specifically addresses information provided by third parties that is sensitive to their business interests.

Section 20 of the Access to Information Act gives federal institutions the authority — and in some cases, the duty — to refuse to disclose records that contain trade secrets or confidential commercial, financial, scientific, or technical information supplied by a third party (e.g., a company or organization).

This protection applies only if the information was supplied to the government voluntarily or under a legal obligation to keep it confidential — and if its disclosure could reasonably be expected to harm the third party’s competitive position or interfere with contractual or other negotiations.

Importantly, before releasing such information, the institution must notify the third party and give them an opportunity to object. If the third party objects, the institution must consider whether the public interest in disclosure outweighs the harm to the third party — but even then, disclosure is not automatic.

Statutory Text

Head shall refuse to disclose records containing trade secrets or confidential commercial information of third parties.

— Access to Information Act, s. 20 — Third party information

What to Do

Sources