5820-03438 — Transport Canada
The complainant alleged that Transport Canada improperly withheld records concerning a motor vehicle crash test under paragraph 20(1)(c) of the Access to Information Act, citing potential financial impact on a third party. Transport Canada initially withheld the records due to concerns about potential misinterpretation, but did not sufficiently demonstrate the harm required for the exemption. The Commissioner found the complaint well-founded and ordered Transport Canada to disclose the records with an explanatory note, which the institution agreed to implement.
- Whether paragraph 20(1)(c) of the ATIA was properly applied to withhold financial information of a third party.
- Whether subsection 20(4) of the ATIA, which limits the use of paragraph 20(1)(c) for product testing results, applied.
- Whether Transport Canada demonstrated a reasonable expectation of material financial harm or competitive disadvantage to a third party.
- The role and adequacy of an explanatory note in mitigating potential harm from disclosure.
Complaint well founded — disclosure ordered
Transport Canada failed to demonstrate that the disclosure of the crash test records would result in a material financial impact or harm the competitive position of a third party, as required by paragraph 20(1)(c). The Commissioner noted that while subsection 20(4) allows for exemptions in preliminary testing, the institution's concerns about public misinterpretation were not sufficient to meet the legal threshold for harm, especially when an explanatory note could mitigate such risks.
AI-generated summary for reference only. Always verify against the official decision ↗
Transport Canada was 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
This is an informational summary and does not constitute legal advice.