5821-00718 — Transportation Safety Board of Canada
The complainant alleged that the Transportation Safety Board of Canada (TSB) improperly withheld information from an Aviation Occurrence Reporting Form and photographs related to an Air Inuit incident, citing subsections 19(1), 20(1)(b), 20(1)(c), and 20(1)(d) of the Access to Information Act. The OIC investigation into subsection 19(1) was discontinued at the complainant's request. The Commissioner found that TSB and the third party, Air Inuit, failed to provide sufficient evidence or representations to demonstrate that the withheld information met the requirements for confidentiality, commercial nature, potential financial impact, or interference with negotiations under paragraphs 20(1)(b), (c), and (d). Specifically, the Commissioner was not convinced the information was commercial, confidential, or that its disclosure would cause the claimed harms. Consequently, the Commissioner ordered TSB to disclose all information at issue, excluding any information previously withheld under subsection 19(1). TSB notified the Commissioner that it would implement the order.
- 1Whether the information is financial, commercial, scientific or technical under s.20(1)(b) ATIA
- 2Whether the information is confidential under s.20(1)(b) ATIA
- 3Whether the third party supplied the information to a government institution under s.20(1)(b) ATIA
- 4Whether the third party has consistently treated the information as confidential under s.20(1)(b) ATIA
- 5Whether disclosure could result in material financial loss or gain to the third party under s.20(1)(c) ATIA
- 6Whether there is a reasonable expectation of harm under s.20(1)(c) ATIA
- 7Whether disclosure could injure the competitive position of the third party under s.20(1)(c) ATIA
- 8Whether a third party is or will be conducting contractual or other negotiations under s.20(1)(d) ATIA
- 9Whether disclosing the information could interfere with those negotiations under s.20(1)(d) ATIA
- 10Whether there is a reasonable expectation of harm under s.20(1)(d) ATIA
- s.19(1) personal information: Investigation discontinued
- s.20(1)(b) confidential information: Exemption not upheld
- s.20(1)(c) financial impact: Exemption not upheld
- s.20(1)(d) negotiations interference: Exemption not upheld
- Disclosure of records: Records ordered disclosed
Complaint well founded — disclosure ordered
The institution and third party failed to provide sufficient evidence or representations to justify the application of the claimed exemptions under paragraphs 20(1)(b), (c), and (d). The Commissioner found that the information did not meet the criteria for being commercial or confidential, nor was there a reasonable expectation of financial harm or interference with negotiations.
The Information Commissioner ordered the Executive Director of the TSB to release the records in their entirety, other than information currently withheld under subsection 19(1).
- s.19(1) ATIA
- s.20(1)(b) ATIA
- s.20(1)(c) ATIA
- s.20(1)(d) ATIA
- s.30(1)(a) ATIA
- s.35(2)(c) ATIA
- s.36.1(1) ATIA
- s.37(4) ATIA
- s.43 ATIA
This summary is for informational purposes only and does not constitute legal advice.
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