
5821-03585 — Canada Revenue Agency
The complainant alleged that the Canada Revenue Agency (CRA) improperly withheld information related to the Canada Emergency Wage Subsidy (CEWS) database for all recipient corporations. The CRA had released a list of company names but withheld the total CEWS amounts received by each company, citing subsections 24(1), 16(1)(c), and 19(1) of the Access to Information Act. The Office of the Information Commissioner (OIC) focused its investigation on subsection 24(1), which mandates refusal of disclosure if restricted by a Schedule II provision. The OIC found that the withheld information constituted "taxpayer information" as defined by section 241 of the Income Tax Act, a Schedule II provision, because it related to identifiable taxpayers and was obtained or prepared by CRA for administering the Income Tax Act. Since subsection 24(1) was found to apply, the OIC did not assess the applicability of subsections 16(1)(c) and 19(1) to the same information. The Commissioner concluded that the information was properly withheld, and the complaint was not well founded.
- 1Whether the withheld information constitutes "taxpayer information" under section 241 of the Income Tax Act
- 2Whether section 241 of the Income Tax Act restricts disclosure of the information under subsection 24(1) of the ATIA
- 3Whether subsection 24(1) ATIA was properly applied to withhold the information
- 4Whether paragraph 16(1)(c) ATIA applies to the information (not considered)
- 5Whether subsection 19(1) ATIA applies to the information (not considered)
- Application of s.24(1): Exemption upheld
- Definition of taxpayer information: Information deemed taxpayer information
- Withholding of CEWS amounts: Withholding upheld
- Complaint outcome: Complaint not well founded
Complaint not well founded
The Commissioner found that the withheld information met the definition of "taxpayer information" under section 241 of the Income Tax Act, which is a Schedule II provision of the Access to Information Act. Therefore, the Canada Revenue Agency was required to withhold the information under subsection 24(1) of the ATIA.
- s.24(1) ATIA
- s.16(1)(c) ATIA
- s.19(1) ATIA
- s.241 Income Tax Act
This summary is for informational purposes only and does not constitute legal advice.
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