BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/5823-03467 — Old Port of Montréal Corporation Inc.
Office of the Information Commissioner of CanadaAccess to Information Act5823-03467Well-founded
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5823-03467 — Old Port of Montréal Corporation Inc.

Organization: Old Port of Montréal Corporation Inc.
Decision: Apr 8, 2025Published: Apr 8, 2025

The complainant alleged that the Old Port of Montréal Corporation Inc. (OPMC) improperly withheld information related to requests for proposals (RFPs) under various sections of the Access to Information Act, including those concerning competitive position, government financial interests, personal information, and third-party financial impact and negotiations. The OPMC failed to demonstrate that the withheld information met the requirements of the cited exemptions, with the Commissioner finding the alleged harms to be speculative. The Commissioner ordered the OPMC to disclose the records in their entirety, and the OPMC indicated it would comply.

  • Whether the OPMC met the requirements for exemption under paragraph 18(b) (competitive position/negotiations)
  • Whether the OPMC met the requirements for exemption under paragraph 18(d) (government financial interests/undue benefit)
  • Whether the OPMC met the requirements for exemption under subsection 19(1) (personal information) and if Privacy Act exceptions applied
  • Whether the OPMC met the requirements for exemption under paragraphs 20(1)(c) and 20(1)(d) (third-party financial impact/negotiations)

Complaint well founded — disclosure ordered

The institution failed to demonstrate that the information withheld met the requirements for the exemptions claimed (paragraphs 18(b), 18(d), 20(1)(c), 20(1)(d), and subsection 19(1)). The alleged harms were found to be speculative, and information redacted as personal information was subject to an exception under the Privacy Act.

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Recommended action / remedy

The Old Port of Montréal Corporation Inc. was ordered to disclose all information that was previously withheld.

Statutory provisions cited
  • s.18(b) ATIA
  • s.18(d) ATIA
  • s.19(1) ATIA
  • s.20(1)(c) ATIA
  • s.20(1)(d) ATIA
  • s.3(j) Privacy Act

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