BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/5819-01344 — Canada Revenue Agency
Office of the Information Commissioner of CanadaAccess to Information Act5819-01344Not well-founded
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5819-01344 — Canada Revenue Agency

Organization: Canada Revenue Agency
Decision: Feb 3, 2021Published: Feb 3, 2021

The complainant alleged that the Canada Revenue Agency (CRA) improperly withheld information concerning a specific individual's business ownership under subsection 24(1) of the Access to Information Act. The OIC found that the requested information was about an identifiable taxpayer (not the complainant) and was obtained by the CRA for the purposes of administering the Income Tax Act. As section 241 of the Income Tax Act restricts the disclosure of such information, the OIC concluded the CRA properly withheld the records.

  • Whether the information requested was properly withheld under subsection 24(1) of the ATIA (disclosure restricted by another law).
  • Whether the information constituted taxpayer information as defined by the Income Tax Act.
  • Whether section 241 of the Income Tax Act restricted the disclosure of the requested information.

Complaint not well founded

The OIC was satisfied that the requested information was about an identifiable taxpayer, was not the complainant's information, and was obtained by the CRA for the administration of the Income Tax Act. As section 241 of the Income Tax Act prohibits the disclosure of such information, the CRA properly withheld the records under subsection 24(1) of the ATIA.

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Statutory provisions cited
  • s.24(1) ATIA
  • s.241 Income Tax Act

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