5820-03438 — Transport Canada
The complainant alleged that Transport Canada improperly withheld information under paragraph 20(1)(c) of the Access to Information Act, concerning records related to a Motor Vehicle Crash Test. Transport Canada initially withheld the records, citing concerns that misinterpretation could lead to harm, but later proposed an explanatory note to mitigate this risk. The Office of the Information Commissioner (OIC) sought representations from third parties, with Ford Canada agreeing to disclosure if an adequate explanatory note was included. The OIC found that Transport Canada and the third parties did not demonstrate that the requirements of paragraph 20(1)(c) were met, particularly given the institution's own proposed explanatory note. The Commissioner concluded that the information did not meet the requirements for exemption under paragraph 20(1)(c). The complaint was deemed well founded, and Transport Canada was ordered to disclose the records in full with an explanatory note, to which the institution agreed to comply.
- 1Whether the information was properly withheld under s.20(1)(c) ATIA (financial impact on a third party)
- 2Whether disclosing the information could result in material financial loss or gain to a third party
- 3Whether there is a reasonable expectation of harm well beyond a mere possibility
- 4Whether disclosing the information could injure the competitive position of a third party
- 5Whether the information constitutes preliminary testing under s.20(4) ATIA
- 6Whether an explanatory note can mitigate the risk of misinterpretation leading to harm
- Application of s.20(1)(c): Exemption not justified
- Disclosure of records: Records ordered disclosed
- Complaint outcome: Complaint well-founded
Complaint well founded — disclosure ordered
Transport Canada and the third parties failed to demonstrate that the requirements of paragraph 20(1)(c) were met. The institution's concern about misinterpretation could be addressed by an explanatory note, which the courts have consistently found can minimize such risks. Transport Canada ultimately agreed that the exemption did not apply.
The Minister of Transport is ordered to fully disclose the records and include an explanatory note with the disclosure.
- s.20(1)(c) ATIA
- s.20(4) ATIA
- s.30(1)(a) ATIA
- s.35(2)(c) ATIA
- s.37(2) ATIA
- s.43 ATIA
This summary is for informational purposes only and does not constitute legal advice.
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