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Siemens Canada Ltd. v. Canada (Minister of Public Works and Government Services)
T-587-00
2001 FCT 1202, McKeown J.
5/11/01
8 pp.
Application for judicial review of Minister of Public Works and Government Services Canada decision to release documents submitted by applicant concerning tender for in-service support for Halifax and Iroquois Class Ships for DND-- Issue effect of Defence Production Act (DPA), s. 30 (no information with respect to individual business obtained under or by virtue of DPA shall be disclosed without consent of person carrying on that business)--Application allowed-- Information herein obtained "under or by virtue of this Act", since Minister derives authority to conduct procurements, and to do all such things as appear to be incidental to such procurements, from DPA, s. 16--Irrelevant if information in question constituted part of actual contract, or obtained as pre-condition thereof-- Once contract comes under DPA, then s. 30 does not distinguish between documents part of contract and documents part of solicitation--Therefore, pursuant to DPA, s. 30 documents should not be disclosed since applicant has not provided consent--Defence Production Act, R.S.C., 1985, c. D-1, ss. 16, 30.