Federal Court Limits Third-Party Information Exemptions In Access-To-Information Requests To Regulators

In Porter Airlines Inc. v. Attorney General of Canada, 2014 FC 392, the Federal Court of Canada clarified the limits of the "third-party information" exemptions under section 20 of the federal Access to Information Act (ATIA). In particular, the Court emphasized the distinction between confidential third-party information, which is exempt from access-to-information requests, and conclusions drawn from such information by regulatory bodies, which are subject to disclosure under the ATIA.

Background

Transport Canada received ATIA requests in relation to its oversight of the Canadian Aviation Regulations, and particularly with respect to the safety management system (SMS) developed and implemented by Porter Airlines Inc. (Porter). Porter sought to have the requested records withheld from disclosure under the third-party information exemptions of the ATIA. Two of the exemptions relied on by Porter were the "confidential information exemption" under section 20(1)(b)