5821-01350 — Transport Canada
The complainant alleged that Transport Canada improperly withheld information regarding applications and Minimum Safe Manning Documents for the motor vessel Spirit of Vancouver Island, citing personal information and confidential third-party commercial/technical information exemptions. The Information Commissioner found that the personal information exemption was no longer at issue. While some information on page 50 met the criteria for the third-party emergency management plan exemption (paragraph 20(1)(b.1)), the Commissioner found that only the titles and headings of that document should be disclosed. The Commissioner also found that the third-party commercial/technical information exemption (paragraph 20(1)(b)) was not met for any of the remaining withheld information.
- Application of paragraph 20(1)(b.1) to emergency management plans
- Application of paragraph 20(1)(b) to confidential third-party information
- Whether Transport Canada properly exercised its discretion regarding disclosure
- Whether the institution met the burden of proof for the exemptions
Complaint well founded — disclosure ordered
The Commissioner found that Transport Canada failed to demonstrate that the information withheld under paragraph 20(1)(b) met the exemption criteria. While portions of the information on page 50 met the criteria for paragraph 20(1)(b.1), the Commissioner determined that only the titles and headings of that document should be disclosed, as the full content did not qualify.
AI-generated summary for reference only. Always verify against the official decision ↗
Transport Canada was ordered to disclose the information withheld under paragraphs 20(1)(b) and 20(1)(b.1), with the exception of page 50, and to disclose only the titles and headings on page 50.
- s.19 ATIA
- s.20(1)(b) ATIA
- s.20(1)(b.1) ATIA
- s.30(1)(a) ATIA
- s.36.1 ATIA
- s.37(4) ATIA
This decision is for informational purposes only and does not constitute legal advice.