5820-00897 — Canada Mortgage and Housing Corporation
The complainant alleged that the Canada Mortgage and Housing Corporation (CMHC) improperly withheld information under several sections of the Access to Information Act related to the Canada Mortgage Bonds (CMB) program and National Housing Act Mortgage-Backed Securities (NHA MBS) programs. During the investigation, CMHC disclosed some information previously withheld under paragraphs 18(a), 18(b), 21(1)(a), and 21(1)(b), citing the passage of time. The OIC found that CMHC appropriately applied paragraph 68(a) to exclude information available for purchase and that CMHC's application of paragraphs 18(a) and 21(1)(a) was justified, including a reasonable exercise of discretion. However, CMHC failed to demonstrate that the information withheld under paragraph 20(1)(b) met the exemption's requirements, particularly because the relevant third parties (Cornerstone and AKA) did not provide representations to support the claim. Consequently, the Information Commissioner ordered CMHC to disclose the information withheld under paragraph 20(1)(b). CMHC agreed to implement the order.
- 1Whether s.18(a) ATIA (government financial, commercial, scientific or technical information) was properly applied
- 2Whether CMHC reasonably exercised its discretion under s.18(a) ATIA
- 3Whether s.18(b) ATIA (competitive position of government institutions, negotiations by government institutions) was properly applied
- 4Whether s.20(1)(a) ATIA (third-party trade secrets) was properly applied
- 5Whether s.20(1)(b) ATIA (confidential third-party financial, commercial, scientific or technical information) was properly applied
- 6Whether s.21(1)(a) ATIA (advice or recommendations) was properly applied
- 7Whether CMHC reasonably exercised its discretion under s.21(1)(a) ATIA
- 8Whether s.21(1)(b) ATIA (accounts of consultations or deliberations) was properly applied
- 9Whether s.68(a) ATIA (material available for purchase) applied to exclude information
- s.18(a) and s.18(b) disclosure: Information disclosed due to passage of time
- s.21(1)(a) and s.21(1)(b) disclosure: Information disclosed due to passage of time
- s.68(a) exclusion: Exclusion upheld
- s.18(a) exemption: Exemption upheld
- s.21(1)(a) exemption: Exemption upheld
- s.20(1)(b) exemption: Exemption not justified; disclosure ordered
Complaint well founded — disclosure ordered
The complaint was well-founded because CMHC failed to demonstrate that the information withheld under paragraph 20(1)(b) met the requirements of that exemption, specifically regarding the confidentiality of third-party financial, commercial, scientific, or technical information, as the third parties did not provide supporting representations.
The Information Commissioner ordered the Canada Mortgage and Housing Corporation to disclose all information withheld under paragraph 20(1)(b) related to Cornerstone and AKA.
- s.18(a) ATIA
- s.18(b) ATIA
- s.20(1)(a) ATIA
- s.20(1)(b) ATIA
- s.21(1)(a) ATIA
- s.21(1)(b) ATIA
- s.30(1)(a) ATIA
- s.35(2)(c) ATIA
- s.36.1(1) ATIA
- s.36.3 ATIA
- s.43 ATIA
- s.68(a) ATIA
This summary is for informational purposes only and does not constitute legal advice.
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