Canada Mortgage and Housing Corporation (Re), 2023 OIC 13
The complainant alleged that the Canada Mortgage and Housing Corporation (CMHC) improperly withheld information under several sections of the Access to Information Act, including government information, personal information, third-party commercial information, advice, deliberations, and solicitor-client privilege. The scope of the complaint was narrowed during the investigation. While CMHC disclosed some information, it continued to withhold information under paragraph 20(1)(b) related to third parties TD Bank Financial Group and Andrew Kalotay Associates, Inc. The Information Commissioner found that CMHC failed to demonstrate that this information met the requirements of paragraph 20(1)(b) and ordered its disclosure.
- Applicability of paragraph 20(1)(b) to withheld information
- Confidentiality of third-party information
- Objective standard for confidentiality
- Third-party representations
Complaint well founded — disclosure ordered
The Commissioner found that CMHC failed to demonstrate that the withheld information met the requirements of paragraph 20(1)(b) of the Access to Information Act, particularly regarding the nature of the information and its confidentiality, as the third parties did not provide necessary representations.
AI-generated summary for reference only. Always verify against the official decision ↗
CMHC was ordered to disclose all information at issue withheld under paragraph 20(1)(b).
- s.18(a) ATIA
- s.18(b) ATIA
- s.19(1) ATIA
- s.20(1)(b) ATIA
- s.21(1)(a) ATIA
- s.21(1)(b) ATIA
- s.23 ATIA
- s.30(1)(a) ATIA
- s.36.1(1) ATIA
- s.37(4) ATIA
- s.43 ATIA
This is an informational summary and not legal advice.