BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/5820-03930 — Canada Mortgage and Housing Corporation and Laurentian Bank of Canada
Office of the Information Commissioner of CanadaAccess to Information Act5820-03930Well-founded
Flag of Canada

5820-03930 — Canada Mortgage and Housing Corporation and Laurentian Bank of Canada

Organization: Canada Mortgage and Housing Corporation
Decision: May 20, 2025Published: May 20, 2025

The complainant alleged that CMHC improperly withheld records regarding mortgage loans insured or sold by Laurentian Bank. CMHC withheld information claiming exemptions related to government financial/commercial information, personal information, and third-party financial/commercial information, and negotiations. The Information Commissioner found that while some information qualified for exemption under subsection 20(1)(b) (third-party information), other withheld information did not meet the exemption's requirements. The Commissioner ordered CMHC to disclose certain information that was not supplied by a third party. CMHC has indicated it will not comply with parts of the order and intends to apply to the Federal Court.

  • Whether information withheld by CMHC qualified for exemption under paragraph 20(1)(b) (confidential third-party financial, commercial, scientific or technical information).
  • Whether information withheld by CMHC qualified for exemption under paragraph 20(1)(c) (financial impact on a third party).
  • Whether information withheld by CMHC qualified for exemption under paragraph 20(1)(d) (negotiations by a third party).
  • Whether CMHC's own observations and work product could be withheld as information supplied by a third party.

Complaint well founded — disclosure ordered

The Commissioner found that while some information met the requirements for exemption under paragraph 20(1)(b) as third-party information, other withheld information, particularly CMHC's own observations and analysis, did not meet the criteria of having been supplied by a third party. Therefore, these portions were ordered to be disclosed.

AI-generated summary for reference only. Always verify against the official decision ↗

Recommended action / remedy

CMHC was ordered to disclose specific information that did not meet the criteria of being supplied by a third party.

Statutory provisions cited
  • s.18(a) ATIA
  • s.18(b) ATIA
  • s.19(1) ATIA
  • 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.30(1)(a) ATIA
  • s.36.1 ATIA
  • s.41(2) ATIA

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