5819-02078 — Transport Canada
The complainant alleged that Transport Canada improperly withheld information related to mediation services provided by the Canadian Institute for Conflict Resolution (CICR) under paragraph 20(1)(b) of the Access to Information Act. Transport Canada initially applied the exemption to various details on CICR's invoices. During the investigation, the complainant withdrew the allegation regarding subsection 19(1) and Transport Canada conceded that several categories of information, such as the description of services and total amount, should not have been withheld. However, Transport Canada maintained that the hourly rate and number of hours billed were properly exempt. The Information Commissioner agreed that the hourly rate and number of hours billed met the criteria for exemption under paragraph 20(1)(b) as confidential commercial information consistently treated as such. Conversely, the Commissioner found that the description of services, dates of services, subtotal of charges, taxes, total amount, and amount paid did not meet all the requirements of paragraph 20(1)(b), either because they were not financial/commercial/scientific/technical, not objectively confidential, or not supplied by the third party. The complaint was found to be well founded, and Transport Canada was ordered to disclose the remaining redacted information.
- 1Whether the description of services billed is financial, commercial, scientific or technical information under s.20(1)(b) ATIA
- 2Whether the dates of services are financial, commercial, scientific or technical information under s.20(1)(b) ATIA
- 3Whether the subtotal of charges is confidential under s.20(1)(b) ATIA
- 4Whether the amount of taxes applied is confidential under s.20(1)(b) ATIA
- 5Whether the "total amount" is confidential under s.20(1)(b) ATIA
- 6Whether the "amount paid" was supplied by the third party under s.20(1)(b) ATIA
- 7Whether the hourly rate of the third party is confidential financial/commercial information consistently treated as such under s.20(1)(b) ATIA
- 8Whether the number of hours billed is confidential financial/commercial information consistently treated as such under s.20(1)(b) ATIA
- Application of 20(1)(b): Exemption upheld for hourly rate and hours billed
- Application of 20(1)(b): Exemption not upheld for service description, dates, subtotals, taxes, total amount, and amount paid
- Disclosure of records: Remaining redacted information ordered disclosed
- Complaint outcome: Complaint well founded
Complaint well founded — disclosure ordered
The Commissioner found that while the hourly rate and number of hours billed met the criteria for exemption under paragraph 20(1)(b), other redacted information (description of services, dates, subtotals, taxes, total amount, and amount paid) did not satisfy all the requirements of the exemption, such as being financial/commercial/scientific/technical, objectively confidential, or supplied by the third party.
The Minister of Transport was ordered to disclose the description of services billed, the dates of services, the subtotal of charges, the amount of taxes applied, the "total amount", and the "amount paid" within 10 days.
- s.20(1)(b) ATIA
- s.19(1) ATIA
- s.36.1(1) ATIA
This summary is for informational purposes only and does not constitute legal advice.
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