Canadian privacy & access decisions

The complainant alleged that the Canada Mortgage and Housing Corporation (CMHC) improperly withheld information in response to an access request for final versions of documents. CMHC initially claimed exemptions under paragraphs 18(a), 18(b), 19(1), 20(1)(b), 21(1)(a), 21(1)(b), and section 23 of the Access to Information Act. During the investigation, the scope of the complaint was narrowed, and CMHC voluntarily disclosed some information previously withheld under paragraphs 18(a), 18(b), 21(1)(a), and 21(1)(b). The remaining information was withheld under paragraph 20(1)(b), concerning third-party financial, commercial, scientific, or technical information. The Information Commissioner found that CMHC and the third parties (TD Bank Financial Group and Andrew Kalotay Associates, Inc.) failed to demonstrate that the information met the requirements of paragraph 20(1)(b), as the third parties did not provide representations and CMHC could not show that all conditions for the exemption were met. Consequently, the Commissioner ordered CMHC to disclose all information withheld under paragraph 20(1)(b). CMHC agreed to implement the order.

• Whether s.18(a) ATIA (government trade secrets, government financial, commercial, scientific or technical information) was properly applied
• Whether s.18(b) ATIA (competitive position of government institutions, negotiations by government institutions) was properly applied
• Whether s.19(1) ATIA (personal information) was properly applied
• Whether s.20(1)(b) ATIA (confidential third-party financial, commercial, scientific or technical information) was properly applied
• Whether the information is financial, commercial, scientific or technical under s.20(1)(b) ATIA
• Whether the information is confidential under s.20(1)(b) ATIA
• Whether the third party supplied the information to a government institution under s.20(1)(b) ATIA
• Whether the third party has consistently treated the information as confidential under s.20(1)(b) ATIA
• Whether s.21(1)(a) ATIA (advice or recommendations) was properly applied
• Whether s.21(1)(b) ATIA (accounts of consultations or deliberations) was properly applied
• Whether s.23 ATIA (solicitor-client privilege) was properly applied