5823-04722 — Canadian Broadcasting Corporation

The complainant asked for the number of paid subscribers to CBC Gem. The CBC claimed this information was excluded under section 68.1 (journalistic, creative, or programming activities) and exempt under paragraph 18(b) (competitive position). The Information Commissioner found that the subscriber numbers, while related to programming, also related to the CBC's general administration, engaging the exception to section 68.1. The Commissioner also found that the CBC failed to demonstrate a reasonable expectation of harm to its competitive position or negotiations, beyond a mere possibility, if the information were disclosed. The Commissioner ordered the CBC to disclose the information, but the CBC stated it would not implement the order.

• Applicability of section 68.1 exclusion to subscriber numbers
• Engagement of the exception to section 68.1 for general administration
• Demonstration of reasonable expectation of harm to competitive position under paragraph 18(b)
• Demonstration of reasonable expectation of interference with negotiations under paragraph 18(b)