5823-00068 — Transport Canada and Canadian Pacific Railway Company
The complainant alleged that Transport Canada improperly withheld information related to an investigation into an accidental death. The request was for the final investigation report. Transport Canada withheld information claiming exemptions for law enforcement, personal information, and confidential third-party commercial information. The Information Commissioner found that the institution and the third party failed to demonstrate that the exemptions applied to certain information, ordering disclosure of the incident number and other non-exempt records. Transport Canada agreed to comply with the order.
- Applicability of paragraph 16(1)(c) (law enforcement and conduct of investigations)
- Applicability of subsection 19(1) (personal information)
- Applicability of paragraph 20(1)(b) (confidential third-party commercial information)
- Burden of proof on the institution and third party to justify exemptions
Complaint well founded — disclosure ordered
The Commissioner found that Transport Canada and CP failed to demonstrate that the requirements of the exemptions they invoked (specifically for the incident number and certain commercial information) were met, therefore ordering disclosure of those records.
AI-generated summary for reference only. Always verify against the official decision ↗
The Commissioner ordered Transport Canada to disclose the incident number and certain other withheld information that did not meet the requirements of the applied exemptions.
- s.16(1)(c) ATIA
- s.19(1) ATIA
- s.20(1)(b) ATIA
This is a summary of a decision made by the Office of the Information Commissioner of Canada for informational purposes only and does not constitute legal advice.