BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/5820-00897 — Canada Mortgage and Housing Corporation
Office of the Information Commissioner of CanadaAccess to Information Act5820-00897Well-founded
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5820-00897 — Canada Mortgage and Housing Corporation

Organization: Canada Mortgage and Housing Corporation
Decision: Aug 8, 2023Published: Aug 8, 2023

The complainant alleged that CMHC improperly withheld records concerning the Canada Mortgage Bonds (CMB) and National Housing Act Mortgage-Backed Securities (NHA MBS) programs, citing several exemptions including government and third-party financial information. While CMHC justified withholding some information under exemptions for government financial/technical information and material available for purchase, it failed to provide sufficient justification for withholding third-party information under paragraph 20(1)(b). The Information Commissioner ordered CMHC to disclose this third-party information.

  • Application of paragraph 18(a) to government financial, commercial, scientific or technical information
  • Application of paragraph 20(1)(b) to confidential third-party financial, commercial, scientific or technical information
  • Application of paragraph 68(a) to material available for purchase
  • Reasonableness of CMHC's discretion in withholding information

Complaint well founded — disclosure ordered

CMHC failed to demonstrate that the third-party information withheld under paragraph 20(1)(b) met the exemption's requirements, as neither the institution nor the third parties provided adequate representations. However, CMHC successfully justified the withholding of other information under paragraphs 18(a) and 68(a).

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Recommended action / remedy

CMHC was ordered to disclose all information withheld under paragraph 20(1)(b) related to Cornerstone and AKA.

Statutory provisions cited
  • s.18(a) ATIA
  • s.18(b) ATIA
  • s.20(1)(b) ATIA
  • s.21(1)(a) ATIA
  • s.21(1)(b) ATIA
  • s.68(a) ATIA
  • s.30(1)(a) ATIA
  • s.36.1(1) ATIA

This decision is for informational purposes only and does not constitute legal advice.