Canadian privacy & access decisions

The complainant alleged that Trans Mountain Corporation (TMC) improperly withheld records related to the initial application and approval of the Trans Mountain Pipeline in the early 1950s. TMC initially claimed numerous exemptions under the Access to Information Act, including sections 16(2), 17, 18(a), (b), (d), 19(1), and 20(1)(a), (b), (c), (d). During the investigation, the complainant narrowed the scope, excluding technical information and information withheld under section 19(1). The Commissioner found that TMC failed to identify specific information withheld or establish how any of the remaining claimed exemptions applied, particularly noting that the 70-year-old records did not meet the criteria for section 17 (safety of individuals). TMC also failed to justify its refusal to provide a copy of the records under subsection 8(1) of the Regulations, as it did not demonstrate that reproduction would unreasonably interfere with operations or that the records' form prevented reproduction. The Commissioner ordered TMC to disclose all the information and provide a copy to the complainant. TMC agreed to implement the order.

• Whether s.18(a) ATIA (government trade secrets, financial, commercial, scientific or technical information) applied
• Whether s.18(b) ATIA (competitive position of government institutions, negotiations by government institutions) applied
• Whether s.18(d) ATIA (government financial interests, ability to manage the economy, undue benefit) applied
• Whether s.20(1)(a) ATIA (third-party trade secrets) applied
• Whether s.20(1)(b) ATIA (confidential third-party financial, commercial, scientific or technical information) applied
• Whether s.20(1)(c) ATIA (financial impact on a third-party) applied
• Whether s.20(1)(d) ATIA (negotiations by a third-party) applied
• Whether s.16(2) ATIA (facilitating the commission of an offence) applied
• Whether s.17 ATIA (safety of individuals) applied
• Whether TMC established that disclosure could threaten the safety of an individual under s.17 ATIA
• Whether TMC established that the records were so lengthy that reproduction would unreasonably interfere with operations under s.8(1)(a) of the Regulations
• Whether TMC established that the records were in a form that does not readily lend itself to reproduction under s.8(1)(b) of the Regulations
• Whether TMC was justified in refusing to provide a copy of the records rather than an opportunity to examine them

An anonymous applicant complained that the Impact Assessment Agency of Canada (IAAC) improperly withheld information related to its 2020-2021 inspection plan under various sections of the Access to Information Act. The Information Commissioner found that IAAC failed to demonstrate the reasonable expectation of harm or that the conditions for exemption were met for information withheld under sections 14 (federal-provincial affairs), 16(1)(c) (conduct of investigations), 16(2) (facilitating an offence), 20(1)(c) (financial impact on third party), and 24(1) (restricted by other law, specifically s.30(1) of the Impact Assessment Act). Claims under sections 20(1)(b) (third-party confidential information), 21(1)(a), (b), and (c) (advice, consultations, negotiations), and 23 (solicitor-client privilege) were partially upheld, with factual or general identifying information deemed disclosable. The Commissioner also determined that IAAC failed to consider its obligation to exercise discretion regarding disclosure under sections 20(6), 21, and 23. However, information withheld under section 21(1)(d) (personnel management plans) and section 68(a) (published material) was found to be properly exempted or excluded. Consequently, the complaint was well-founded, and IAAC was ordered to disclose the improperly withheld information and re-exercise its discretion for other parts.

• Whether the information met the requirements of s.13(1) ATIA
• Whether the information met the requirements of s.14 ATIA
• Whether the information met the requirements of s.16(1)(c) ATIA
• Whether the information met the requirements of s.16(2) ATIA
• Whether the information met the requirements of s.19(1) ATIA
• Whether the information was financial, commercial, scientific or technical under s.20(1)(b) ATIA
• Whether the information was objectively confidential under s.20(1)(b) ATIA (not publicly available)
• Whether the information was objectively confidential under s.20(1)(b) ATIA (reasonable expectation of non-disclosure)
• Whether the relationship was fostered for public benefit by confidential communication under s.20(1)(b) ATIA
• Whether the information was supplied by a third party under s.20(1)(b) ATIA
• Whether the information was consistently treated as confidential by the third party under s.20(1)(b) ATIA
• Whether the disclosure of information could reasonably be expected to cause material financial impact or harm competitive position under s.20(1)(c) ATIA
• Whether IAAC reasonably exercised its discretion under s.20(6) ATIA
• Whether the information constituted advice or recommendations under s.21(1)(a) ATIA
• Whether factual or general identifying information was severable from advice or recommendations under s.21(1)(a) ATIA
• Whether the information constituted accounts of consultations or deliberations under s.21(1)(b) ATIA
• Whether factual or general identifying information was severable from accounts of consultations or deliberations under s.21(1)(b) ATIA
• Whether the information constituted positions or plans developed for negotiations under s.21(1)(c) ATIA
• Whether factual or general identifying information was severable from positions or plans developed for negotiations under s.21(1)(c) ATIA
• Whether the information constituted plans related to personnel management or administration not yet in operation under s.21(1)(d) ATIA
• Whether the information was subject to solicitor-client or litigation privilege under s.23 ATIA
• Whether IAAC reasonably exercised its discretion under s.21 ATIA and s.23 ATIA
• Whether the disclosure of information was restricted by s.30(1) of the Impact Assessment Act, thereby falling under s.24(1) ATIA
• Whether the information was published or available for purchase under s.68(a) ATIA