Decisions

An institution submitted an application to the Information Commissioner, under subsection 6.1(1) of the Access to Information Act, for approval to decline to act on an access to information request. The institution submitted that the request is vexatious and constitutes an abuse of the right to make a request. The institution further submitted that it had met its duty to assist the requester in connection with the request.

The Commissioner found that the institution met its burden of establishing that the access request is an abuse of the right to make a request. The Commissioner also found that the institution met its duty to assist obligations under subsection 4(2.1) prior to seeking approval to decline to act. Given the Commissioner’s conclusion, it was not necessary to further consider whether the request was also vexatious.

The application is granted.

The complainant alleged that Transport Canada had improperly withheld information under subsection 19(1) (personal information) and paragraph 20(1)(b) (confidential third-party financial, commercial, scientific or technical information) of the Access to Information Act. This was in response to an access request for information related to the most recent applications and Minimum Safe Manning (MSM) Documents issued for the passenger ship, Queen of Cumberland. The complaint falls within paragraph 30(1)(a) of the Act.

Personal information withheld under subsection 19(1) was removed from the scope of the complaint.

The institution and third party did not demonstrate that all of the requirements of paragraph 20(1)(b) were met.

The Information Commissioner ordered Transport Canada to disclose all of the information withheld under paragraph 20(1)(b), with the exception of any information withheld under subsection 19(1).

Transport Canada gave notice that it “would likely” comply with the order.

The complaint is well founded.