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 motor vessel Spirit of Vancouver Island. 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.

During the course of the investigation, Transport Canada decided to also apply paragraph 20(1)(b.1) to one document in the records.

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

The Information Commissioner was satisfied that portions of the information in one document at issue met the requirements of paragraph 20(1)(b.1).

The Commissioner ordered Transport Canada to disclose the information withheld under paragraphs 20(1)(b) and 20(1)(b.1), with the exception of portions of one document in the records.

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

The complaint is well founded.