5820-03758 — Transport Canada
The complainant alleged that Transport Canada improperly withheld records related to a motor vehicle crash test under paragraph 20(1)(c) of the Access to Information Act. Transport Canada initially claimed the exemption due to concerns that misinterpretation of the preliminary test results could cause harm, but later withdrew this claim. The Commissioner found that Transport Canada and the third parties did not demonstrate that the requirements for exemption under paragraph 20(1)(c) were met, particularly given the institution's proposal to include an explanatory note. The Commissioner noted that courts have consistently found that explanatory notes can mitigate the risk of misinterpretation. Consequently, the Commissioner ordered Transport Canada to disclose the records in full, accompanied by an explanatory note. Transport Canada agreed to comply with the order.
- 1Whether the information met the requirements of paragraph 20(1)(c) ATIA (financial impact on a third party)
- 2Whether disclosure could result in material financial loss or gain to a third party
- 3Whether there was a reasonable expectation of harm to a third party's competitive position
- 4Whether the information constituted product testing results under subsection 20(4) ATIA
- 5Whether an explanatory note could mitigate the risk of misinterpretation and harm
- s.20(1)(c) third-party info: Exemption not upheld
- Disclosure of records: Records ordered disclosed with explanatory note
- Compliance with order: Institution agreed to comply
Complaint well founded — disclosure ordered
Transport Canada and the third parties failed to demonstrate that the disclosure of the records would cause a material financial impact or harm the competitive position of a third party, as required by paragraph 20(1)(c). The institution's concern about misinterpretation was addressed by its own proposal to include an explanatory note, which courts have recognized as an effective mitigation strategy.
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(2) 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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