Transport Canada (Re), 2020 OIC 16
The complainant challenged Transport Canada's decision to withhold information concerning vehicle safety recall completion rates, citing sections 14, 20, and 21 of the Access to Information Act. The Office of the Information Commissioner (OIC) requested submissions from the complainant, Transport Canada, and a third party. The Commissioner determined that neither Transport Canada nor the third party had adequately demonstrated that the claimed exemptions applied to the information in question. Consequently, the Commissioner recommended that Transport Canada disclose all previously withheld information, excluding any personal information. Transport Canada confirmed its intention to implement these recommendations. The complaint was found to be well founded.
- 1Whether s.14 ATIA (federal-provincial affairs) applied to the withheld information
- 2Whether s.20 ATIA (third-party information) applied to the withheld information
- 3Whether s.21 ATIA (advice and recommendations) applied to the withheld information
- 4Whether Transport Canada and the third party met their burden of proof for the claimed exemptions
- s.14 personal privacy: Exemption not upheld
- s.20 third-party information: Exemption not upheld
- s.21 operations of government: Exemption not upheld
- Disclosure of records: Records ordered disclosed
- Complaint outcome: Well founded
Complaint well founded — disclosure ordered
The Commissioner found that Transport Canada and the third party failed to meet the burden of proof to justify the application of sections 14, 20, and 21 of the Access to Information Act to the withheld information.
The Commissioner recommended that Transport Canada release all information previously withheld, with the exception of certain personal information.
- s.14 ATIA
- s.20 ATIA
- s.21 ATIA
This summary is for informational purposes only and does not constitute legal advice.
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