Federal (Canada)Access to Information ActNot well-founded

5820-03525 — Canadian Broadcasting Corporation

Organization: Canadian Broadcasting CorporationComplainant: Anonymous applicant
Plain-language brief

The complainant alleged that the Canadian Broadcasting Corporation (CBC) improperly withheld information under paragraphs 18(b) and 19(1) of the Access to Information Act. The request sought documents detailing the total remuneration of the 250 highest-paid unionized employees of CBC's French services for two fiscal years. The CBC withheld approximately 25 exact individual salaries per fiscal year, citing paragraph 18(b) related to competitive position. The investigation found that disclosing these specific salaries could reasonably injure the CBC's competitive position in the limited and competitive French broadcasting market, as it could be used in salary negotiations and impact employee retention. The Commissioner concluded that the CBC properly applied paragraph 18(b) and reasonably exercised its discretion by balancing its mandate with the need to manage resources in a competitive market. Given the applicability of paragraph 18(b), the Commissioner did not assess the application of subsection 19(1). The complaint was therefore not well founded.

Key issues
  1. 1Whether s.18(b) ATIA (competitive position) was properly applied to withhold exact individual salaries
  2. 2Whether disclosing the information could reasonably be expected to injure the competitive position of the institution
  3. 3Whether the institution reasonably exercised its discretion in deciding to withhold the information under s.18(b)
  4. 4Whether s.19(1) ATIA (personal information) was properly applied to withhold exact individual salaries
Outcome breakdownFavours: Institution
  • Application of s.18(b): Exemption upheld
  • Complaint outcome: Complaint not well founded
Outcome

Complaint not well founded

Reasoning

The Commissioner found that the disclosure of the exact individual salaries of highly paid employees could reasonably injure the CBC's competitive position in a niche market, satisfying the requirements of paragraph 18(b). The CBC also demonstrated a reasonable exercise of discretion by considering relevant factors for and against disclosure. Since paragraph 18(b) was found to apply, the Commissioner did not need to rule on the application of subsection 19(1).

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Decision notes
Statutes considered
  • s.18(b) ATIA
  • s.19(1) ATIA

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

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