BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/5819-02078 — Transport Canada
Office of the Information Commissioner of CanadaAccess to Information Act5819-02078Well-founded
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5819-02078 — Transport Canada

Organization: Transport Canada
Decision: May 25, 2021Published: May 25, 2021

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. The Information Commissioner found that while the third party's hourly rate and hours billed were properly withheld, the description of services, dates, subtotals, taxes, total amount, and amount paid were not. The Commissioner ordered Transport Canada to disclose this latter information, and the Minister agreed to implement the order.

  • Applicability of paragraph 20(1)(b) to financial and commercial information.
  • Confidentiality of information provided by a third party.
  • Discretionary application of exemptions by the institution.
  • Requirement for information to be supplied by a third party.

Complaint well founded — disclosure ordered

The Commissioner found that while the hourly rate and hours billed met the criteria for exemption under paragraph 20(1)(b), the description of services, dates, subtotals, taxes, total amount, and amount paid did not meet the requirements of the exemption, specifically regarding the nature of the information and its confidentiality.

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Recommended action / remedy

Transport Canada 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”.

Statutory provisions cited
  • s.20(1)(b) ATIA
  • s.19(1) ATIA
  • s.36.1 ATIA
  • s.37 ATIA

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