Canadian privacy & access decisions

The complainant alleged that Trans Mountain Corporation (TMC) improperly withheld information under paragraphs 21(1)(a), 21(1)(b), and section 26 of the Access to Information Act, concerning documents related to specific Board of Directors meetings in 2019 for the Trans Mountain Project. During the investigation, TMC expanded its claims to include twelve additional exemptions, but failed to provide sufficient details or justification for any of the claimed exemptions or to properly consider severability. The Commissioner found that TMC had not applied the Act correctly and that further disclosure was warranted. Consequently, the Commissioner issued an initial report with an intended order for TMC to disclose all withheld information. TMC subsequently released portions of the records, which satisfied the complainant, making a formal order unnecessary.

• Whether s.21(1)(a) (advice or recommendations) applied to the withheld information
• Whether s.21(1)(b) (accounts of consultations or deliberations) applied to the withheld information
• Whether s.26 (information to be published) applied to the withheld information
• Whether s.13(1)(c) (confidential information from government bodies) applied to the withheld information
• Whether s.17 (safety of individuals) applied to the withheld information
• Whether s.18(a) (government financial, commercial, scientific or technical information) applied to the withheld information
• Whether s.18(b) (competitive position of government institutions) applied to the withheld information
• Whether s.20(1)(a) (third-party trade secrets) applied to the withheld information
• Whether s.20(1)(b) (confidential third-party financial, commercial, scientific or technical information) applied to the withheld information
• Whether s.20(1)(b.1) (third-party emergency management plans) applied to the withheld information
• Whether s.20(1)(c) (financial impact on a third party) applied to the withheld information
• Whether s.20(1)(d) (negotiations by a third party) applied to the withheld information
• Whether s.22 (testing or auditing procedures or techniques) applied to the withheld information
• Whether s.22.1(1) (draft internal audit reports and their working papers) applied to the withheld information
• Whether s.23 (solicitor-client and litigation privilege) applied to the withheld information
• Whether Trans Mountain Corporation met its burden of justifying the refusal to disclose information
• Whether Trans Mountain Corporation properly considered severability under s.25 of the Act
• Whether Trans Mountain Corporation's late introduction of additional exemptions and arguments was appropriate