5823-04722 — Canadian Broadcasting Corporation
The complainant alleged that the Canadian Broadcasting Corporation (CBC) improperly withheld the number of paid subscribers to its Gem streaming service under section 68.1 and paragraph 18(b) of the Access to Information Act. The Commissioner found that while the information related to CBC's programming activities, it also related to its general administration, thereby engaging the exception to the section 68.1 exclusion. Consequently, section 68.1 did not apply. Regarding paragraph 18(b), the Commissioner determined that CBC failed to demonstrate a reasonable expectation of harm to its competitive position or interference with negotiations, beyond a mere possibility. The Commissioner concluded that neither exemption applied and ordered CBC to disclose the information. CBC, however, notified the Commissioner that it would not implement the order, leading to a well-founded complaint.
- 1Whether the information relates to CBC's journalistic, creative or programming activities under s.68.1 ATIA
- 2Whether the information relates to CBC's general administration, engaging the exception to s.68.1 ATIA
- 3Whether s.68.1 ATIA applies when information relates to both programming activities and general administration
- 4Whether disclosure could reasonably be expected to harm CBC's competitive position under s.18(b) ATIA
- 5Whether disclosure could reasonably be expected to interfere with CBC's negotiations under s.18(b) ATIA
- 6Whether the CRTC's non-publication of subscriber figures supports CBC's claim of harm under s.18(b) ATIA
- Application of s. 68.1: Exclusion did not apply
- s. 18(b) competitive harm: Exemption not upheld
- Disclosure of records: Records ordered disclosed
- Compliance with order: Institution refused to comply
- Complaint outcome: Complaint well-founded
Complaint well founded — disclosure ordered, but institution refused to comply
The Commissioner found that the information, while related to programming, also fell under 'general administration,' triggering the exception to the s.68.1 exclusion. For s.18(b), CBC failed to provide sufficient evidence to demonstrate a reasonable expectation of harm to its competitive position or negotiations, beyond mere possibility.
The Commissioner ordered the President of the Canadian Broadcasting Corporation to disclose the withheld information.
- s.68.1 ATIA
- s.18(b) ATIA
- s.30(1)(a) ATIA
- s.43 ATIA
This summary is for informational purposes only and does not constitute legal advice.
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