5824-00495 — Canada Post
The complainant alleged that Canada Post improperly withheld information under subsections 19(1) and 18.1(1), and paragraphs 21(1)(a) and 21(1)(b) of the Access to Information Act, and also failed to conduct a reasonable search for records related to changes in Iqaluit's mailing service. During the investigation, Canada Post disclosed some information previously withheld under these provisions and the complainant narrowed the focus to financial information withheld under subsection 18.1(1) and the reasonable search allegation. The Commissioner found that Canada Post failed to provide sufficient evidence to justify withholding information under subsection 18.1(1), particularly regarding whether it constituted a trade secret or fell under the general administration exception of subsection 18.1(2). Furthermore, Canada Post did not provide adequate representations to demonstrate that a reasonable search for records had been conducted. Consequently, the Commissioner ordered Canada Post to disclose the information on pages 175-182 and to conduct a new search for responsive records. Canada Post notified the Commissioner that it would implement the order.
- 1Whether s.19(1) personal information was properly withheld
- 2Whether s.18.1(1) trade secrets of Canada Post were properly withheld
- 3Whether s.18.1(1) confidential financial, commercial, scientific or technical information of Canada Post was properly withheld
- 4Whether s.21(1)(a) advice or recommendations were properly withheld
- 5Whether s.21(1)(b) accounts of consultations or deliberations were properly withheld
- 6Whether the information on pages 175-182 constitutes a trade secret under s.18.1(1)
- 7Whether the information on pages 175-182 constitutes financial, commercial, scientific or technical information under s.18.1(1)
- 8Whether the information on pages 175-182 relates to the general administration of Canada Post under s.18.1(2)
- 9Whether Canada Post conducted a reasonable search for records
- s.18.1(1) financial information: Exemption not justified
- Adequacy of search: Search found inadequate
- Disclosure of records: Records ordered disclosed
- New search: New search ordered
Complaint well founded — disclosure and new search ordered
Canada Post failed to provide sufficient evidence to justify the application of subsection 18.1(1) and to demonstrate that a reasonable search for records had been conducted. The institution did not adequately explain how the withheld information met the requirements of a trade secret or why it did not fall under the general administration exception of subsection 18.1(2).
The President of Canada Post is ordered to disclose the information on pages 175-182 and to conduct a new search for records responsive to the access request, providing a new response to the complainant within 36 business days.
- s.19(1) ATIA
- s.18.1(1) ATIA
- s.21(1)(a) ATIA
- s.21(1)(b) ATIA
- s.30(1)(a) ATIA
- s.18.1(2) ATIA
- s.35(2)(b) ATIA
- s.43 ATIA
This summary is for informational purposes only and does not constitute legal advice.
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