5819-03380 — Trans Mountain Corporation
The complainant alleged that Trans Mountain Corporation (TMC) improperly withheld information related to Board of Directors meetings, citing exemptions under sections 21 and 26 of the Access to Information Act. TMC later claimed a total of 15 exemptions and failed to provide sufficient justification or detail for withholding the information. The Commissioner found TMC's application of exemptions was incorrect and disclosure was warranted. However, after the Commissioner issued an intended order, TMC released additional information, satisfying the complainant, and rendering a formal order unnecessary.
- Adequacy of justification for claimed exemptions
- Reasonable exercise of discretion
- Application of severability principle
- Failure to identify specific withheld information and third parties
Complaint well founded
The institution failed to convince the Commissioner that it had applied the Access to Information Act correctly to the information and did not provide sufficient details to justify its decision to withhold records. The institution also failed to properly consider severability.
AI-generated summary for reference only. Always verify against the official decision ↗
The Commissioner intended to order the disclosure of all withheld information, but a formal order was not required as the complainant was satisfied with subsequent disclosures.
- s.21(1)(a) ATIA
- s.21(1)(b) ATIA
- s.26 ATIA
- s.13(1)(c) ATIA
- s.18(a) ATIA
- s.18(b) ATIA
- s.20(1)(a) ATIA
- s.20(1)(b) ATIA
- s.20(1)(b.1) ATIA
- s.20(1)(c) ATIA
- s.20(1)(d) ATIA
- s.17 ATIA
- s.22 ATIA
- s.22.1 ATIA
- s.23 ATIA
- s.25 ATIA
This decision is for informational purposes only and does not constitute legal advice.