BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/Transport Canada (Re), 2026 OIC 27
Office of the Information Commissioner of CanadaAccess to Information Act5823-01534Well-founded
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Transport Canada (Re), 2026 OIC 27

Organization: Transport Canada
Decision: Feb 27, 2026Published: Feb 27, 2026

The complainant alleged that Transport Canada improperly withheld information related to a workplace fatality under several exemptions, including personal information and third-party commercial/technical information. The complainant also alleged that Transport Canada had not conducted a reasonable search. The OIC found that while the initial search was not reasonable, it was resolved during the investigation. The Commissioner ordered Transport Canada to disclose certain information that did not meet the criteria for third-party exemptions, and re-exercise discretion on other withheld information.

  • Proper application of the personal information exemption (s.19(1) ATIA).
  • Proper application of third-party information exemptions (s.20(1)(b) and (c) ATIA).
  • Proper application of investigation conduct exemption (s.16(1)(c) ATIA).
  • Reasonableness of the search for records.

Complaint well founded — disclosure ordered

The Commissioner found that Transport Canada improperly withheld information under the third-party exemptions as the criteria were not met for all withheld information. The Commissioner also found that the initial search was not reasonable, but this was resolved during the investigation.

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Recommended action / remedy

The Commissioner ordered Transport Canada to disclose specific information and re-exercise its discretion on other withheld information.

Statutory provisions cited
  • s.19(1) ATIA
  • s.20(1)(b) ATIA
  • s.20(1)(c) ATIA
  • s.16(1)(c) ATIA
  • s.16(2) ATIA
  • s.6.1 ATIA

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