Canadian privacy & access decisions

The complainant alleged that Transport Canada improperly withheld information under subsection 19(1) (personal information) and paragraph 20(1)(b) (confidential third-party financial, commercial, scientific or technical information) of the Access to Information Act. The request sought information related to applications and Minimum Safe Manning (MSM) Documents for the passenger ship, Queen of Cumberland. During the investigation, the complainant removed the s.19(1) aspect from the complaint. The OIC found that Transport Canada and the third party (BC Ferries) failed to demonstrate that all requirements for the s.20(1)(b) exemption were met. Specifically, the OIC was not convinced that all information was financial, commercial, scientific, or technical, nor that it was consistently treated as confidential or supplied by the third party. Consequently, the Commissioner ordered Transport Canada to disclose the information withheld under paragraph 20(1)(b). Transport Canada indicated it would likely comply with the order.

• Whether the information is financial, commercial, scientific or technical under s.20(1)(b)
• Whether the information is confidential under s.20(1)(b)
• Whether the information was supplied to a government institution by a third party under s.20(1)(b)
• Whether the third party has consistently treated the information as confidential under s.20(1)(b)
• Whether the relationship between the government and the third party is fostered for public benefit by the confidential communication