5823-00735 — Transport Canada and Canadian Pacific Railway Company and Canadian National Railway Company
The complainant alleged that Transport Canada improperly withheld information related to rail workplace fatality investigation reports. The request was for copies of all such reports completed since January 2000. The Information Commissioner found that Transport Canada failed to demonstrate that the exemptions for personal information (s.19) and third-party commercial/financial/technical information (s.20) were properly applied in all instances. Specifically, Transport Canada did not reasonably exercise its discretion regarding publicly available personal information and failed to justify withholding certain third-party information.
- Proper application of the personal information exemption (s.19 ATIA)
- Proper application of the third-party commercial, financial, or technical information exemption (s.20(1)(b) ATIA)
- Proper application of the third-party financial impact or competitive harm exemption (s.20(1)(c) ATIA)
- Reasonable exercise of discretion by the institution
Complaint well founded — disclosure ordered
The Commissioner found that Transport Canada improperly withheld information, particularly regarding personal information that was publicly available and certain third-party commercial or financial information for which the exemption requirements were not met or discretion was not properly exercised.
AI-generated summary for reference only. Always verify against the official decision ↗
Transport Canada was ordered to disclose factual information that is not about an individual, to re-exercise its discretion regarding publicly available personal information, and to disclose certain information withheld under paragraphs 20(1)(b) and 20(1)(c) that did not meet exemption requirements.
- s.19 ATIA
- s.20(1)(b) ATIA
- s.20(1)(c) ATIA
- s.23 ATIA
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