
5820-01685 — Old Port of Montreal Corporation Inc. and Canada Lands Company Limited and Montreal Science Centre and Canada Science and Technology Museum and le Musée de la civilisation à Québec and Bureau du coroner en chef du Québec
The complainant alleged that the Old Port of Montreal Corporation Inc. improperly withheld records related to the loan of objects for an exhibit under several exemptions in the Access to Information Act. The exemptions claimed included those related to competitive advantage, government financial interests, personal information, and third-party financial interests and negotiations. The institution failed to provide sufficient representations to support the application of these exemptions. The OIC found that photographs of human remains could not be withheld under the personal information exemption, as the individuals were either not identifiable or had been deceased for over 20 years. The OIC ordered the disclosure of all information at issue, and the institution agreed to comply.
- Burden of proof for exemptions
- Definition of personal information for deceased individuals
- Adequacy of representations to support exemptions
- Status of the Coroner's office as a third party
Complaint well founded — disclosure ordered
The institution failed to provide sufficient representations to demonstrate that the exemptions claimed were applicable. Specifically, the exemption for personal information was not met as the individuals in the photographs were not identifiable or were deceased for over 20 years.
AI-generated summary for reference only. Always verify against the official decision ↗
The Information Commissioner ordered the Old Port of Montreal Corporation Inc. to disclose all information at issue.
- s.18(b) ATIA
- s.18(d) ATIA
- s.19(1) ATIA
- s.20(1)(c) ATIA
- s.20(1)(d) ATIA
- s.35(2)(b) ATIA
- s.35(2)(c) ATIA
- s.35(2)(d) ATIA
- s.36.1(1) ATIA
- s.37(2)(c) ATIA
- s.4(1) ATIA
This is an informational summary only and does not constitute legal advice.

