BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/Canadian Transportation Agency (Re), 2025 OIC 26
Office of the Information Commissioner of CanadaAccess to Information Act5822-05662Well-founded
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Canadian Transportation Agency (Re), 2025 OIC 26

Organization: Canadian Transportation Agency
Decision: Apr 1, 2025Published: Apr 1, 2025

The complainant alleged that the Canadian Transportation Agency (CTA) improperly withheld information related to Case No. 17-05835 under several exemptions, including third-party financial information and solicitor-client privilege. The Information Commissioner found that the CTA and a third party failed to demonstrate that the requirements for several exemptions, such as confidential third-party information, were met. The Commissioner ordered the CTA to disclose certain information and to re-exercise its discretion for other withheld records. The CTA agreed to comply with the order.

  • Whether information was properly withheld under paragraph 20(1)(b) (confidential third-party financial, commercial, scientific or technical information)
  • Whether information was properly withheld under paragraph 20(1)(c) (financial impact on a third party)
  • Whether information was properly withheld under paragraph 20(1)(d) (negotiations by a third party)
  • Whether information was properly withheld under section 23 (solicitor-client and litigation privilege) and paragraph 21(1)(b) (accounts of consultations or deliberations)
  • Whether the institution reasonably exercised its discretion in withholding information.

Complaint well founded — Disclosure ordered and discretion to be re-exercised.

The Commissioner found that the CTA and a third party failed to demonstrate that the requirements for several exemptions were met, particularly concerning third-party financial information and solicitor-client privilege. The Commissioner also found that the CTA did not reasonably exercise its discretion when deciding to withhold certain records. Consequently, the Commissioner ordered disclosure of some records and a re-exercise of discretion for others.

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Recommended action / remedy

The Commissioner ordered the CTA to disclose specific withheld information and to re-exercise its discretion for other withheld information.

Statutory provisions cited
  • s.20(1)(b) ATIA
  • s.20(1)(c) ATIA
  • s.20(1)(d) ATIA
  • s.21(1)(a) ATIA
  • s.21(1)(b) ATIA
  • s.23 ATIA
  • s.30(1)(a) ATIA

This is a summary of a decision for informational purposes only and does not constitute legal advice.