Canadian privacy & access decisions

The complainant alleged that the Canadian Transportation Agency (CTA) improperly withheld information under various sections of the Access to Information Act related to Case No. 17-05835. The OIC investigated claims under paragraphs 20(1)(b), 20(1)(c), 20(1)(d), 21(1)(a), 21(1)(b), and section 23. The Commissioner found that the CTA and Air Transat (a third party) failed to demonstrate that the requirements for exemptions under paragraphs 20(1)(b), 20(1)(c), and 20(1)(d) were met for certain information, particularly regarding the objective confidentiality and potential harm. The Commissioner also found that Air Transat failed to establish that section 23 (litigation privilege) applied to its information. While some information withheld by the CTA under section 23 was found to be privileged, the CTA failed to demonstrate a reasonable exercise of discretion for its non-disclosure. Similarly, for information under paragraph 21(1)(b), the CTA failed to show a reasonable exercise of discretion. The complaint was found to be well-founded, and the Commissioner ordered the disclosure of certain information and a re-exercise of discretion for other parts.

• Whether s.20(1)(b) confidential third-party financial, commercial, scientific or technical information applied to specific records
• Whether the information was financial, commercial, scientific or technical
• Whether the information was objectively confidential
• Whether s.20(1)(c) financial impact on a third party applied to specific records
• Whether disclosure could reasonably be expected to cause material financial impact or harm competitive position
• Whether s.20(1)(d) interference with contractual or other negotiations of a third party applied to specific records
• Whether disclosure could reasonably be expected to interfere with negotiations
• Whether s.23 solicitor-client and litigation privilege applied to Air Transat's information
• Whether Air Transat's information was prepared for the dominant purpose of litigation
• Whether s.23 solicitor-client and litigation privilege applied to CTA's information
• Whether communications between CTA and CRTC lawyers maintained solicitor-client privilege
• Whether the CTA reasonably exercised discretion under s.23
• Whether s.21(1)(b) accounts of consultations or deliberations applied to specific records
• Whether the CTA reasonably exercised discretion under s.21(1)(b)