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Federal (Canada)Access to Information ActWell-founded

Transport Canada (Re), 2026 OIC 27

Organization: Transport CanadaComplainant: Anonymous applicant
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Plain-language brief

An anonymous applicant complained that Transport Canada improperly withheld records related to a workplace fatality under sections 19(1), 20(1)(b), and 20(1)(c) of the Access to Information Act, and failed to conduct a reasonable search. During the investigation, Transport Canada also invoked sections 16(1)(c) and 16(2), and the reasonable search complaint was resolved. The Commissioner found that most personal information was properly withheld under section 19(1), and Transport Canada's exercise of discretion under section 19(2) was reasonable. However, the Commissioner rejected the application of sections 16(1)(c), 20(1)(c), and 24(1), finding no reasonable expectation of harm or that the information did not meet the exemption criteria. While section 16(2) was upheld for URLs and passwords, Transport Canada failed to demonstrate it had exercised its discretion. Section 20(1)(b) was upheld in part, with significant portions of information ordered disclosed as they did not meet all the exemption's requirements. Consequently, the complaint was found well-founded, and Transport Canada was ordered to disclose specific information and re-exercise its discretion for other records.

Key issues
  1. 1Whether Transport Canada improperly withheld information under s.19(1) ATIA (personal information).
  2. 2Whether Transport Canada reasonably exercised its discretion under s.19(2) ATIA regarding personal information.
  3. 3Whether Transport Canada improperly withheld information under s.16(1)(c) ATIA (conduct of investigations).
  4. 4Whether disclosure of information could reasonably be expected to harm the conduct of lawful investigations under s.16(1)(c) ATIA.
  5. 5Whether Transport Canada improperly withheld information under s.16(2) ATIA (facilitating the commission of an offence).
  6. 6Whether Transport Canada reasonably exercised its discretion under s.16(2) ATIA regarding information that could facilitate an offence.
  7. 7Whether Transport Canada improperly withheld information under s.20(1)(b) ATIA (confidential third-party financial, commercial, scientific or technical information).
  8. 8Whether the information met the "financial, commercial, scientific or technical" requirement of s.20(1)(b) ATIA.
  9. 9Whether the information was "confidential" by an objective standard under s.20(1)(b) ATIA.
  10. 10Whether the information was "supplied by" a third party under s.20(1)(b) ATIA.
  11. 11Whether the third party "consistently treated the information as confidential" under s.20(1)(b) ATIA.
  12. 12Whether Transport Canada improperly withheld information under s.20(1)(c) ATIA (financial impact on a third party).
  13. 13Whether disclosure could reasonably be expected to result in material financial loss or gain to the third party under s.20(1)(c) ATIA.
  14. 14Whether disclosure could reasonably be expected to injure the competitive position of the third party under s.20(1)(c) ATIA.
  15. 15Whether Transport Canada improperly withheld information under s.24(1) ATIA (disclosure restricted by another law).
  16. 16Whether the information related to a "secret process or trade secret" under s.24(1) ATIA.
  17. 17Whether Transport Canada conducted a reasonable search for records.
Outcome breakdownFavours: Both, in part
  • Adequacy of search: Complaint resolved
  • s.19(1) personal information: Exemption upheld for most information
  • s.19(2) discretion: Discretion exercised reasonably
  • s.16(1)(c) law enforcement: Exemption rejected
  • s.20(1)(c) third party information: Exemption rejected
  • s.24(1) statutory prohibition: Exemption rejected
  • s.16(2) security of facilities: Exemption upheld for some information, discretion not exercised
  • s.20(1)(b) third party financial: Exemption upheld in part, disclosure ordered for significant portions
Outcome

Complaint well founded — disclosure ordered and discretion re-exercised

Reasoning

The Commissioner found that Transport Canada improperly withheld information under paragraphs 20(1)(b), 20(1)(c), and 16(1)(c) of the ATIA, and failed to properly exercise its discretion under subsection 16(2). While some personal information was properly withheld under subsection 19(1), other exemptions were not justified or discretion was not exercised.

AI-generated summary for reference only. Always verify against the official decision ↗
Decision notes
Recommended action / remedy

The Commissioner ordered Transport Canada to disclose specific information improperly withheld under paragraphs 20(1)(b), 20(1)(c), and 16(1)(c), and to re-exercise its discretion regarding information withheld under subsection 16(2).

Statutes considered
  • s.19(1) ATIA
  • s.30(1)(a) ATIA
  • s.35(2)(c) ATIA
  • s.36.6 ATIA
  • s.16(1)(c) ATIA
  • s.16(2) ATIA
  • s.19(2) ATIA
  • s.20(1)(b) ATIA
  • s.20(1)(c) ATIA
  • s.24(1) ATIA
  • s.37(2) ATIA
  • s.43 ATIA
  • s.3(j) Privacy Act
  • s.3(k) Privacy Act
  • s.3(l) Privacy Act
  • s.3(m) Privacy Act
  • s.8 Privacy Act
  • s.8(2)(m)(i) Privacy Act
  • s.144(3) Canada Labour Code

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

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