5821-01350 — Transport Canada
The complainant alleged that Transport Canada improperly withheld information under subsection 19(1) and paragraph 20(1)(b) of the Access to Information Act, related to applications and Minimum Safe Manning Documents for the motor vessel Spirit of Vancouver Island. The complaint regarding subsection 19(1) was later removed from the investigation's scope. During the investigation, Transport Canada also applied paragraph 20(1)(b.1) to one document. The Commissioner found that while portions of one document met the requirements of paragraph 20(1)(b.1), the titles and headings did not. Furthermore, neither Transport Canada nor the third party provided sufficient representations to justify withholding information under paragraph 20(1)(b), except for the titles and headings of the document also claimed under 20(1)(b.1). The Commissioner ordered Transport Canada to disclose all information withheld under paragraphs 20(1)(b) and 20(1)(b.1), with the exception of the main content of page 50, and to disclose the titles and headings on page 50. Transport Canada indicated it would "likely" comply with the order.
- 1Whether s.19(1) personal information was properly withheld
- 2Whether s.20(1)(b) confidential third-party financial, commercial, scientific or technical information was properly withheld
- 3Whether s.20(1)(b.1) third-party emergency management plans information was properly withheld
- 4Whether the information concerned critical infrastructure information under s.20(1)(b.1)
- 5Whether the information was supplied in confidence under s.20(1)(b.1)
- 6Whether the information was supplied for the preparation, maintenance, testing or implementation of emergency management plans under s.20(1)(b.1)
- 7Whether Transport Canada reasonably exercised its discretion under s.20(5) regarding s.20(1)(b.1)
- 8Whether Transport Canada reasonably exercised its discretion under s.20(6) regarding s.20(1)(b.1)
- 9Whether the information was financial, commercial, scientific or technical under s.20(1)(b)
- 10Whether the information was confidential under s.20(1)(b)
- 11Whether the third party supplied the information to a government institution under s.20(1)(b)
- 12Whether the third party consistently treated the information as confidential under s.20(1)(b)
- s.20(1)(b) third-party info: Exemption not justified
- s.20(1)(b.1) third-party info: Exemption partially justified
- Disclosure of records: Records ordered disclosed
Complaint well founded — disclosure ordered
The institution and third party failed to demonstrate that all requirements for withholding information under paragraph 20(1)(b) were met. While portions of one document met the criteria for paragraph 20(1)(b.1), the titles and headings did not, and the institution's exercise of discretion under subsections 20(5) and 20(6) was not applicable or justified for the remaining information.
The Minister of Transport is ordered to disclose all information withheld under paragraphs 20(1)(b) and 20(1)(b.1) in its entirety, with the exception of the main content of page 50, and to disclose the titles and headings on page 50.
- s.19(1) ATIA
- s.20(1)(b) ATIA
- s.20(1)(b.1) ATIA
- s.20(5) ATIA
- s.20(6) ATIA
- s.30(1)(a) ATIA
- s.36.1(1) ATIA
- s.37(4) ATIA
This summary is for informational purposes only and does not constitute legal advice.
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