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, citing financial impact on a third party. Transport Canada argued that disclosure could lead to public misinterpretation of the preliminary test results. However, the institution and the relevant third party (Ford Canada) did not demonstrate that the exemption requirements were met, especially with the possibility of an explanatory note. The Information Commissioner ordered Transport Canada to disclose the records in full, along with an explanatory note, finding the complaint well founded.
- Applicability of section 20(1)(c) to preliminary product testing
- Demonstrating material financial impact or competitive harm to a third party
- The role of explanatory notes in mitigating potential harm from disclosure
- Whether public misinterpretation constitutes harm under the Act
Complaint well founded — disclosure ordered
Transport Canada and the third party failed to demonstrate that the requirements of paragraph 20(1)(c) were met. The Commissioner noted that explanatory notes, as suggested by Ford Canada, could effectively mitigate concerns about public misinterpretation, which was the primary basis for withholding the records.
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 decision is for informational purposes only and does not constitute legal advice.