BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/Transport Canada (Re), 2020 OIC 16
Office of the Information Commissioner of CanadaAccess to Information Act2020 OIC 16Well-founded
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Transport Canada (Re), 2020 OIC 16

Organization: Transport Canada
Decision: Dec 15, 2020Published: Dec 15, 2020

The complainant disputed Transport Canada's decision to withhold information regarding vehicle safety recall completion rates, citing exemptions under sections 14, 20, and 21 of the Access to Information Act. The Information Commissioner found that neither Transport Canada nor the third party met their burden to prove the exemptions applied to the records. The Commissioner recommended that Transport Canada release all withheld information, except for specific personal details. Transport Canada agreed to implement these recommendations.

  • Application of section 14 of the ATIA (intergovernmental relations)
  • Application of section 20 of the ATIA (third-party information)
  • Application of section 21 of the ATIA (confidential deliberations)
  • Burden of proof on the institution to justify exemptions

Complaint well founded — Disclosure ordered

The Commissioner was not satisfied that the institution or third party had sufficiently demonstrated that the exemptions claimed applied to the information requested.

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Recommended action / remedy

Transport Canada was recommended to release all withheld information, with the exception of certain personal information.

Statutory provisions cited
  • s.14 ATIA
  • s.20 ATIA
  • s.21 ATIA

This decision is for informational purposes only and does not constitute legal advice.