Canadian privacy & access decisions

The complainant alleged that the Canada Mortgage and Housing Corporation (CMHC) improperly withheld information under several sections of the Access to Information Act related to the Canada Mortgage Bonds (CMB) program and National Housing Act Mortgage-Backed Securities (NHA MBS) programs. During the investigation, CMHC disclosed some information previously withheld under paragraphs 18(a), 18(b), 21(1)(a), and 21(1)(b), citing the passage of time. The OIC found that CMHC appropriately applied paragraph 68(a) to exclude information available for purchase and that CMHC's application of paragraphs 18(a) and 21(1)(a) was justified, including a reasonable exercise of discretion. However, CMHC failed to demonstrate that the information withheld under paragraph 20(1)(b) met the exemption's requirements, particularly because the relevant third parties (Cornerstone and AKA) did not provide representations to support the claim. Consequently, the Information Commissioner ordered CMHC to disclose the information withheld under paragraph 20(1)(b). CMHC agreed to implement the order.

• Whether s.18(a) ATIA (government financial, commercial, scientific or technical information) was properly applied
• Whether CMHC reasonably exercised its discretion under s.18(a) ATIA
• Whether s.18(b) ATIA (competitive position of government institutions, negotiations by government institutions) was properly applied
• Whether s.20(1)(a) ATIA (third-party trade secrets) was properly applied
• Whether s.20(1)(b) ATIA (confidential third-party financial, commercial, scientific or technical information) was properly applied
• Whether s.21(1)(a) ATIA (advice or recommendations) was properly applied
• Whether CMHC reasonably exercised its discretion under s.21(1)(a) ATIA
• Whether s.21(1)(b) ATIA (accounts of consultations or deliberations) was properly applied
• Whether s.68(a) ATIA (material available for purchase) applied to exclude information

The complainant alleged that the Social Sciences and Humanities Research Council (SSHRC) improperly withheld information under paragraph 20(1)(b) of the Access to Information Act. The request sought records related to a virtual town hall meeting and other contacts between SSHRC and Memorial University of Newfoundland and Labrador (MUN) officials. SSHRC withheld technical information for WebEx meetings and data on MUN's application and success rates for SSHRC funding programs, citing confidentiality. The Commissioner found that while the WebEx access information was technical, neither SSHRC nor MUN demonstrated that it met the confidentiality criteria, particularly given the large number of potential attendees and lack of measures to prevent sharing. Furthermore, the Commissioner determined that MUN's application and success rates were not financial, commercial, scientific, or technical information, and SSHRC later confirmed some of this information was publicly available. Consequently, the Commissioner concluded that the information did not meet the requirements for exemption under paragraph 20(1)(b).

• Whether the withheld information is financial, commercial, scientific, or technical under s.20(1)(b) ATIA
• Whether the WebEx access information is confidential under s.20(1)(b) ATIA
• Whether MUN's application and success rates are confidential under s.20(1)(b) ATIA
• Whether the information was consistently treated as confidential by the third party
• Whether the relationship between the institution and third party was fostered for public benefit by confidential communication