Issue:
Can the confidentiality protections under the Securities
Act (Act) shield evidence from disclosure in freedom of
information requests?
Key Facts:
An individual made a freedom of information request for records
created as part of an OSC investigation under the Act. The Ministry
of Finance did not disclose documents that were subject to the
Act’s section 16 confidentiality provision, as they could not
be released without an order of the OSC. The requester appealed to
the Information and Privacy Commissioner (IPC). The IPC sought
disclosure to it as part of the appeal record. OSC staff sought an
order under section 17 of the Act permitting production of the
documents to the IPC (but not the requester) for the purposes of
the appeal.
