Canadian privacy & access decisions

The complainant alleged that the Old Port of Montréal Corporation Inc. (OPMC) improperly withheld information under paragraphs 18(b), 18(d), 20(1)(c), 20(1)(d), and subsection 19(1) of the Access to Information Act. The request sought information related to two requests for proposals (RFP) by invitation. The OPMC argued that disclosure would harm its competitive position, financial interests, or interfere with negotiations, and that some information was personal. The Commissioner found that the OPMC's claims of harm were speculative and did not meet the requirements for the exemptions. Specifically, the names redacted under subsection 19(1) were found to be subject to the exception at paragraph 3(j) of the Privacy Act, as they pertained to employees receiving documents as part of their duties. The Commissioner ordered the OPMC to disclose the records in their entirety, and the OPMC agreed to implement the order. The complaint was found to be well founded.

• Whether s.18(b) ATIA (competitive position of government institutions or negotiations by government institutions) was properly applied
• Whether s.18(d) ATIA (government financial interests or Government of Canada’s ability to manage the economy) was properly applied
• Whether s.19(1) ATIA (personal information) was properly applied
• Whether the names of employees receiving documents as part of their duties fall under the exception at paragraph 3(j) of the Privacy Act
• Whether s.20(1)(c) ATIA (financial impact on a third party) was properly applied
• Whether s.20(1)(d) ATIA (negotiations by a third party) was properly applied
• Whether the alleged harms were speculative in nature