For the purpose of this section, it is sufficient that the information relate or pertain to matters of finance, commerce, science or technical matters, as those terms are commonly understood (see Air Atonabee Ltd. v. Minister of Transport (1989), 27 F.T.R. That being the case, the reviewing judge, in our view, should have scrutinized more closely whether the release of information, particularly information that is over 20 years old, could reasonably be expected to be injurious to specific efforts at law enforcement and detection of hostile activities, and, therefore, whether CSIS had a reasonable ground to refuse to disclose. 269 (C.Q. If you submitted a request for information to a federal institution under the Act and you are not satisfied with how it was processed, you may complain to the OIC. Evacuation and Rescue; 34. 47 (C.A.). The term 'value' itself is not defined in the act. 19 Maintain social distancing while inside work trailers. The narrow definition provided described 'trade secrets' as "a secret, commercially valuable plan formula, process, or device that is used for the making, preparing, compounding or processing of trade commodities and that can be said to be the end product of either innovation or substantial effort". This agreement updates and sets forth the scope of the exercise of Federal authority under section 18(e) of the Act (29 U.S.C. 118 (T.D.). Ottawa Football Club v. Minister of Fitness and Amateur Sports, [1989] 2 F.C. 19. 2 (1) This Act binds the Crown and applies to an employee in the service of the Crown or an agency, board, commission or corporation that exercises … (3d) 177; 20 F.T.R. The plaintiff also contended that during the sixteen-week trial in which he was a co-defendant, information withheld by the defendants was disclosed. There must be a clear and direct link between the disclosure of specific information and the harm alleged. 35 et seq. Section 18 of the OSH Act authorizes states to establish their own occupational safety and health plans and preempt standards established and enforced by OSHA. Woodbury, Government Information: Access and Privacy, Carswell, 1991. Not all institutions are subject to the Act – it applies to about 250 institutions listed in Schedule I of the Act. The jurisprudence has establish certain specific conditions that could be taken into consideration when determining whether a reasonable expectation of harm would result from disclosure: It is the probable consequences of disclosure which are most significant in determining whether a document or a portion thereof may be exempted under this section, not the nature of the document or the nature of the information contained in the document. "Trade secret means information including but not limited to a formula, pattern, compilation, programme, method, technique or process, or information contained or embodied in a product, device or mechanism which. In order for the provision to apply, the institution claiming the proprietary interest must furnish proof of ownership or some similar legal right to the information. This requirement indicates that the exemption provides for protection of proprietary information of the Government of Canada. No. 3 OSHA must approve state plans if they are “at least as effective” as OSHA’s standards and enforcement. 779, June 8, 2000, was a case concerning paragraph 22(1)(b) of the Privacy Act, (the parallel provision to paragraph 16(1)(c) of the Access to Information Act), which is in turn subject to review under section 49 of the Privacy Act (section 50 Access to Information Act), the Federal Court of Appeal overturned the Trial Judge's conclusion that he could not substitute his views on injury for the decision of the institution head and instead directed a closer scrutiny of the reasonableness of the institution's determination that the injury described in the exemption would be caused by disclosure: Furthermore, the reviewing judge concluded at page 36 of his decision that "the Court cannot substitute its views for that of CSIS, or the Solicitor General, about the assessment of the reasonable expectation of probable injury." Merck Frosst Canada Inc. v. Minister of Health & Welfare, (1988), 20 F.T.R. Therefore, the jurisprudence of the Federal Court of Canada made in the context of section 20 may also be applied in the context of this provision. a contemplated sale or acquisition of land or property. 18. (a) any institution or body contemplated in section 84(1)(f) of the Provincial Government Act, 1961 (Act No. 73 (T.D. In the United States, exemption 4, 5 U.S.C. Nothing in this Act shall prevent any State agency or court from asserting jurisdiction under State law over any occupational safety or health issue with respect to which no standard is in effect under section 6. (Oxford University Press, 1991): Science: "1. a branch of knowledge conducted on objective principles involving the systematized observation of and experiment with phenomena, esp. Aircraft Operations; 30. . The more specific and substantiated the evidence, the stronger the case for confidentiality. ", "4. skilful technique rather than strength or natural ability. Without restricting the scope of the exemption, the 'value' referred in this provision could be of commercial, market or monetary value, etc. (Emphasis added). 15. a contemplated change in the rate of bank interest or in government borrowing. You can ask for records from the OIC by making an access request under the Access to Information Act. The paragraph 18(1)(d) exemption is judicially received under section 50 of the Act which provides that: In X v. Canada (Minister of National Defence), [1992] 1 F.C. @ 552(b)(4), justifies withholding of trade secrets. Public Citizen Health Research Group v. FDA, 704 F. 2d 1280, 1288 (D.C. Cir. To inquire as to the status of your complaint, please contact us. systematic and formulated knowledge, esp. The Occupational Health and Safety Act ( OHSA) regulates health and safety in workplaces by establishing rights and duties for the various participants in the workplace, such as employers, supervisors, workers, directors and officers, and owners of workplaces. The General Duty Clause is found in Section 5 of the OSH Act–5(a)(1), to be exact. 'Direct causation' requires a direct causal link - the person resisting disclosure must bring specific evidence which would show that there is a link arising from the disclosure which would result in the harm. 194 (T.D.). Consequently, the ease with which discovery is possible by those not in a contractual, confidential or fiduciary relation with the owner bears on the question of secrecy. Full Document: HTML Full Document: Canada Occupational Health and Safety Regulations (Accessibility Buttons available) | ; XML Full Document: Canada Occupational Health and Safety Regulations [890 KB] | ; PDF Full Document: Canada Occupational Health and Safety Regulations [1558 KB] 73; 20 C.I.P.R. defines the term 'Government' as follows: Note: Paragraph 18(a) does not apply to trade secret of financial, commercial scientific or technical information of a third party. Piller Sausages and Delicatessens Limited v. Minister of Agriculture at al. 657(e)) in the State of California with respect to occupational safety and health standards promulgated under Section 6 the Act (29 U.S.C. 941), and the National Foundation on Arts and Humanities Act (20 U.S.C. 1990). It sets out duties for all workplace parties and rights for workers. 32 of 1961); (b) any regional services council established under section 3 of the Regional Services Councils Act, 1985 (Act No. Anderson v. HHS, 907 F. 2d 936, 944 (10th Cir. Ability of the Government of Canada to manage the economy of Canada: Trade secrets or financial , commercial, scientific or technical information that belongs to the Government of Canada or a government institution and has substantial value or is reasonably likely to have substantial value; information the disclosure of which could reasonably be expected to prejudice the competitive position of a government institution; scientific or technical information obtained through research by an officer or employee of a government institution, the disclosure of which could reasonably be expectedto deprive the officer or employee of priority of publication; or, information the disclosure of which could reasonably be expected to be materially injurious to the financial interests of the Government of Canada or the ability of the Government of Canada to manage the economy of Canada or could reasonably be expected to result in an undue benefit to any person, including, without restricting the generality of the foregoing, any such information relating to. This term will not apply to support the exemption of information revealing the availability of a legitimate tax deduction, notwithstanding the loss in tax revenue that would result from disclosure. ", "2. of or relating to a particular subject or craft etc. Anderson v. HHS, 907 F. 2d 936, 944 (10th Cir. Piller Sausages and Delicatessens Limited v. Minister of Agriculture at al. Circuit's narrow definition, finding it "more consistent with the policies behind the FOI than the broad Restatement definition. The term 'Financial interests' refers to the financial position of the government of Canada. Some confidential, commercial, scientific or technical information could meet the requirements of 20(1)(b) but not constitute a trade secret. Matol Botanique International Inc. v. Canada (Department of National Health and Welfare) (June 3, 1994), T-2916-90 (F.C.T.D. Agriculture; 29. Treasury Board Manual Access to Information Volume, Treasury Board of Canada, December 1, 1993, Chap 2-8 at 26. In Récupération Portneuf Inc. c. Ministere de l'Environnement, [1991] C.A.I. Electrical Safety; 20. Similarly, the decision in Merck Frosst Canada Inc v. Minister of Health & Welfare, (1988), 22 C.P.R. In his decision, Assistant Commissioner Tom Wright stated that while he agreed that the requested information constituted technical and commercial information, he could not agree that the information could constitute 'trade secrets'. . Further, as M. Justice Rothstein explained in Canada Post Corporation v. Minister of Public Works et al. Orders #M-29, M-37, M-65, P-222, P-418, P-420, M-94, P-500, P-561. This part of the test requires us to consider the classes or types of records based on their content - i.e., the information itself must have an intrinsic substantial value (i.e., it is not the expense that went into producing or preparing the information that is relevant, but the value of the information itself). Applying these exemptions is also a two step process. Administrative Penalty (OHS Act) Regulation (AR 165/2013) This regulation is made under section 40(1)(i.1) of the Occupational Health and Safety Act and specifies rules governing the administration of administrative penalties including notice, amount and time for payment. The employer or constructor can make a report to this number at any time of day) 2. the joint health and safety committee (JHSC) or health and safety representative, if any, … para. Ruby v. Canada (Solicitor General, R.C.M.P. . The records identified were a four-page document which outlined the conceptual framework for the development of a possible project and a one page ', The Commission found that information concerning the construction of the retractable roof of SkyDome was '. All rights reserved. 83,261 (S.D.N.Y. where the Court found that since most of the information contained in the requested documents already made press coverage, no additional harm could be expected from the release of the requested information. See also Ottawa Football Club v. Minister of Fitness and Amateur Sports, [1989] 2 F.C. Merck Frosst Canada Inc. v. Minister of Health & Welfare, (1988), 22 C.P.R. (9) Clause (2) (a) shall not be interpreted as prohibiting an additional examination of the applicant under oath, under Ontario Regulation 283/95 (Disputes Between Insurers) made under the Act, at the insurer’s request that is conducted for the purpose of determining who is liable under section 268 of the Act to pay statutory accident benefits in respect of the accident. Paragraph 18(a) is a discretionary class exemption. The D.C. Once the head determines that the record or part thereof falls within the class described in the exemption, he/she must also exercise his/her discretion whether to disclose the information. 77, 46 F.T.R. Unlike the other tests under this exemption, the prejudice is not qualified - i.e., the Act does not say materially prejudice. 667 (D.D.C. TTY . At the present time, there has been no decision from the Federal Court of Canada on the criteria to be met in order for the provision to apply. C. H. McNairn & C.D. More specifically, our Act provides for access to all information in records controlled by government institutions listed in Schedule I of the Act unless there is a specific provision in the Act that permits or requires the head of the government institution to refuse to disclose the information, or unless the records (or part thereof) are excluded under section 68 or 69. 2. The Access to Information Act gives Canadians the right to request information from federal institutions. a contemplated change in the conditions of operation of financial institutions, a contemplated sale or purchase of securities or of foreign or Canadian currency, or. First, the head must determine whether disclosure of the information in a record, or part thereof, could reasonably be expected to cause the prejudice enunciated in the exemption. ", "1b. 47 (C.A.) 1979). 73; 20 C.I.P.R. Therefore, in determining whether the exemption under section 15 is justified, we must determine whether the head had reasonable grounds to believe that the release of the information exempted could lead to the particular harm. 7, 11 (D.D.C. Washington, DC 20210. It is our view that in order to be covered by this exemption, the government institution must have a defined market or business which would be adversely affected by the disclosure. ), confirmed by F.C.A. Section 23 of An Act Respecting Access to Documents held by Public Bodies and the Protection of Personal Information also refers to the notion of industrial secrets... . Farming and Ranching Exemption Regulation (AR 27/95) 1991). 47 (C.A.). Ruby v. Canada (Solicitor General, R.C.M.P. ", "2. used in, engaged in, or relating to science. No. 83,261 (S.D.N.Y. 18. It establishes procedures for dealing with workplace hazards and provides for enforcement of the law … Section 18 of the OHS Act gives the requirements for determining the number of workers. II. This meaning will probably vary with the circumstances. 8. 1986) ("release from an official source naturally confirms the accuracy of the previously leaked information"). para. (3) Except as is prescribed and subject to the conditions and limitations prescribed, this Act or a Part thereof does not apply to, (a) a person who is employed as a teacher as defined in the . While there have been only a few Federal Court decision on the interpretation of this provision, there has been jurisprudence dealing with the prejudice portion of the test required under paragraphs 20(1)(c) & (d) which contains the same wording. Fensterwald v. CIA, 443 F. Supp. 351 et seq. The more general the evidence or the less plausible (believable) the result, the more difficult it would be to be satisfied as to the linkage between disclosure of particulars documents and the harm alleged - i.e., the more difficult it will be to conclude that the test has been met. 17. Harm to the financial interests of the government could involve monetary loss, or loss of assets with a monetary value. the currency, coinage or legal tender of Canada. interpretation does not require the trade secret to have obtained its economic value from not being generally known, nor does it require that the efforts taken to protect the information be reasonable under the circumstances. In Air Atonabee v. Canada (Minister of Transport) (1989), 27 F.T.R. ), the Commission stated that the fact that a document had inadvertently been misplaced in a public registry does not restrain the application of section 23 - i.e., the mistake does not affect the qualitative nature of the document. (3d) 177; 20 F.T.R. The use of 'including' means that the list which follows (sub-paragraphs (i) to (vi) provides examples of the types of information, the release of which could likely be harmful to the financial and economic interests of the government of Canada, or expected to result in an undue benefit to a person. Questions to assist the investigator in fact-finding and in making recommendations for the resolution of the complaint. 62, 23 C.P.R. Section 18 authorizes and encourages each state to enact similar laws applicable within its own jurisdiction, as federal OSHA is not universally applicable to all employers. 7. The effect of that different treatment would be that non-schedule I institutions would be subject to the 'product or environment testing override' [20(2)], and the 'public interest override' [20(6)], while Schedule I institutions would not. Underground Workings; 23. Diving, Fishing and Other Marine Operations; 26. 142. The extent of employee knowledge also bears heavily on this question of secrecy. Office of the Information Commissioner of Canada. ), [2000] F.C.J. ), [2000] F.C.J. The burden of proof is on the party resisting disclosure8, and that to satisfy the requirement of this exemption, there must be evidence as to the way in which the information will cause harm and the degree of harm it will cause.9. ", Technical: "1. of or involving or concerned with the mechanical arts and applied sciences. 779, June 8, 2000 (F.C.A.). While the decision demonstrate that the qualitative nature of a trade secret may not be inadvertently lost, we feel that in such circumstances it would be more difficult to substantiate that it was still a trade secret. 20 OSHA protects workers wrongly disciplined for raising safety concerns. Circuit's decision in that case represented a distinct departure from what until then had been almost universally accepted by the courts. ); Information Commissioner of Canada v. Prime Minister of Canada,[1993] 1 F.C. ), the Service Contract Act of 1965 (41 U.S.C. • Updates Part 18 of the Occupational Health and Safety Code adds section 246.1. Occupational Safety & Health Administration. More recently, Mr. Justice Strayer in Société Gamma Inc. v. Department of the Secretary of State, (April 27, 1994), T-1587-93 & T-1588-93 (F.C.T.D.) 206 (TD). 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