5823-02471 — Transport Canada
The complainant alleged that Transport Canada improperly withheld contract information related to the aggregate extraction operation on land leased to the Ottawa International Airport Authority (OIAA) under exemptions related to third-party financial, commercial, scientific, or technical information, and negotiations. The contract was between the OIAA and Thomas Cavanagh Construction Limited. The Information Commissioner found that while some information met the exemption criteria, much of it did not, particularly regarding confidentiality and the necessity of withholding. The Commissioner ordered Transport Canada to disclose certain portions of the contract.
- Whether contract information between two third parties was properly withheld under ATIA s. 20(1)(b) (confidential third-party financial, commercial, scientific or technical information).
- Whether contract information was properly withheld under ATIA s. 20(1)(c) (financial impact on a third party).
- Whether contract information was properly withheld under ATIA s. 20(1)(d) (negotiations by a third party).
- Whether the information was objectively confidential and if its disclosure would foster a public benefit relationship.
Complaint well founded — disclosure ordered
The Commissioner found that while some financial information met the criteria for exemption under paragraph 20(1)(c), the institution and third parties failed to establish that all the requirements of the exemptions, particularly confidentiality and necessity of withholding, were met for the remainder of the contract. Specifically, information that was publicly available or that did not inherently contain commercial information was ordered to be disclosed.
AI-generated summary for reference only. Always verify against the official decision ↗
Transport Canada was ordered to disclose the content of the contract, with specific exceptions for information deemed to meet the exemption criteria.
- s.20(1)(b) ATIA
- s.20(1)(c) ATIA
- s.20(1)(d) ATIA
- s.30(1)(a) ATIA
- s.35(2)(c) ATIA
- s.36.3 ATIA
This is an informational summary and not legal advice.