Canadian privacy & access decisions

The complainant alleged that Transport Canada improperly withheld records related to a motor vehicle crash test under paragraph 20(1)(c) of the Access to Information Act. Transport Canada initially claimed the exemption due to concerns that misinterpretation of the preliminary test results could cause harm, but later withdrew this claim. The Commissioner found that Transport Canada and the third parties did not demonstrate that the requirements for exemption under paragraph 20(1)(c) were met, particularly given the institution's proposal to include an explanatory note. The Commissioner noted that courts have consistently found that explanatory notes can mitigate the risk of misinterpretation. Consequently, the Commissioner ordered Transport Canada to disclose the records in full, accompanied by an explanatory note. Transport Canada agreed to comply with the order.

• Whether the information met the requirements of paragraph 20(1)(c) ATIA (financial impact on a third party)
• Whether disclosure could result in material financial loss or gain to a third party
• Whether there was a reasonable expectation of harm to a third party's competitive position
• Whether the information constituted product testing results under subsection 20(4) ATIA
• Whether an explanatory note could mitigate the risk of misinterpretation and harm

The complainant alleged that Transport Canada improperly withheld information under paragraph 20(1)(c) of the Access to Information Act, concerning records related to a Motor Vehicle Crash Test. Transport Canada initially withheld the records, citing concerns that misinterpretation could lead to harm, but later proposed an explanatory note to mitigate this risk. The Office of the Information Commissioner (OIC) sought representations from third parties, with Ford Canada agreeing to disclosure if an adequate explanatory note was included. The OIC found that Transport Canada and the third parties did not demonstrate that the requirements of paragraph 20(1)(c) were met, particularly given the institution's own proposed explanatory note. The Commissioner concluded that the information did not meet the requirements for exemption under paragraph 20(1)(c). The complaint was deemed well founded, and Transport Canada was ordered to disclose the records in full with an explanatory note, to which the institution agreed to comply.

• Whether the information was properly withheld under s.20(1)(c) ATIA (financial impact on a third party)
• Whether disclosing the information could result in material financial loss or gain to a third party
• Whether there is a reasonable expectation of harm well beyond a mere possibility
• Whether disclosing the information could injure the competitive position of a third party
• Whether the information constitutes preliminary testing under s.20(4) ATIA
• Whether an explanatory note can mitigate the risk of misinterpretation leading to harm