5819-03837 — Transport Canada

The complainant alleged that Transport Canada improperly withheld records concerning the Boeing 737 MAX aircraft system (MCAS) under exemptions related to personal information, trade secrets, and financial impact on a third party. The Information Commissioner found that the institution and the third party (Boeing) failed to demonstrate that all withheld information met the criteria for these exemptions. The Commissioner ordered Transport Canada to disclose specific information and to re-exercise its discretion regarding disclosure for public safety reasons.

• Whether withheld information met the criteria for exemption under paragraph 20(1)(b) (confidential third-party financial, commercial, scientific or technical information).
• Whether withheld information met the criteria for exemption under paragraph 20(1)(a) (third-party trade secrets).
• Whether withheld information met the criteria for exemption under paragraph 20(1)(c) (financial impact on a third party).
• Whether Transport Canada reasonably exercised its discretion under subsection 20(6) for disclosure in the public interest.