5821-01349 — Transport Canada
The complainant alleged that Transport Canada improperly withheld information under subsection 19(1) (personal information) and paragraph 20(1)(b) (confidential third-party financial, commercial, scientific or technical information) of the Access to Information Act. The request sought information related to applications and Minimum Safe Manning (MSM) Documents for the passenger ship, Queen of Cumberland. During the investigation, the complainant removed the s.19(1) aspect from the complaint. The OIC found that Transport Canada and the third party (BC Ferries) failed to demonstrate that all requirements for the s.20(1)(b) exemption were met. Specifically, the OIC was not convinced that all information was financial, commercial, scientific, or technical, nor that it was consistently treated as confidential or supplied by the third party. Consequently, the Commissioner ordered Transport Canada to disclose the information withheld under paragraph 20(1)(b). Transport Canada indicated it would likely comply with the order.
- 1Whether the information is financial, commercial, scientific or technical under s.20(1)(b)
- 2Whether the information is confidential under s.20(1)(b)
- 3Whether the information was supplied to a government institution by a third party under s.20(1)(b)
- 4Whether the third party has consistently treated the information as confidential under s.20(1)(b)
- 5Whether the relationship between the government and the third party is fostered for public benefit by the confidential communication
- s.19(1) personal information: Complaint withdrawn
- s.20(1)(b) third-party info: Exemption not upheld
- Disclosure of records: Records ordered disclosed
Complaint well founded — disclosure ordered
The institution and third party failed to provide sufficient representations to demonstrate that all four requirements of paragraph 20(1)(b) were met for the withheld information. The OIC found that some information was not clearly financial, commercial, scientific, or technical, some was publicly available, and some was not supplied by the third party but rather constituted observations or assessments by Transport Canada officials.
The Minister of Transport is ordered to release all information withheld under paragraph 20(1)(b), with the exception of any information withheld under subsection 19(1).
- s.19(1) ATIA
- s.20(1)(b) ATIA
- s.30(1)(a) ATIA
- s.35(2)(c) ATIA
- s.36.1(1) ATIA
- s.36.3 ATIA
- s.37(4) ATIA
- s.43 ATIA
This summary is for informational purposes only and does not constitute legal advice.
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