Federal (Canada)Access to Information ActNot well-founded

Transport Canada (Re), 2021 OIC 1

Organization: Transport CanadaComplainant: Anonymous applicant
Plain-language brief

The complainant alleged that Transport Canada improperly withheld annual statistics related to processing access to information and privacy requests, citing section 26 of the Access to Information Act. Transport Canada argued that the information was intended for future publication. The Office of the Information Commissioner (OIC) investigated whether the institution met the criteria for applying section 26 and properly exercised its discretion. The OIC found that Transport Canada had satisfied the requirements for section 26 and had considered all relevant factors for and against disclosure. Consequently, the OIC concluded that the institution's decision to withhold the records was appropriate.

Key issues
  1. 1Whether s.26 ATIA (information to be published) was properly applied
  2. 2Whether Transport Canada appropriately exercised its discretion under s.26 ATIA
Outcome breakdownFavours: Institution
  • Application of s.26: Exemption upheld
  • Discretionary exemption: Discretion properly exercised
Outcome

Complaint not well founded

Reasoning

The OIC was satisfied that Transport Canada met the criteria for applying section 26 and had considered all relevant factors in its exercise of discretion.

AI-generated summary for reference only. Always verify against the official decision ↗
Decision notes
Statutes considered
  • s.26 ATIA

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

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