Decisions

The complainant alleged that the Canada Mortgage and Housing Corporation (CMHC) had improperly withheld information under the following provisions of the Access to Information Act:

• paragraph 18(a) (government financial, commercial, scientific or technical information);
• paragraph 18(b) (competitive position of government institutions, negotiations by government institutions);
• subsection 19(1) (personal information);
• paragraph 20(1)(b) (confidential third-party financial, commercial, scientific or technical information);
• paragraph 20(1)(c) (financial impact on a third party);
• paragraph 20(1)(d) (negotiations by a third party);
• paragraph 21(1)(a) (advice or recommendations); and
• paragraph 21(1)(b) (accounts of consultations or deliberations).

This was in response to an access request for all records regarding mortgage loans inadvertently insured and/or sold by the Laurentian Bank of Canada (Laurentian Bank or the bank) under its securitization program, including but not limited to information that was more particularly described (i.e. in 8 bullet points). The allegation falls under paragraph 30(1)(a) of the Act.

CMHC released some information during the investigation. Following the supplementary release, a limited number of partially-withheld records remained at issue and CMHC only maintained exemptions under subsection 20(1) (third-party information). The parties did not demonstrate that the requirements of the applied exemptions were met for some of the third-party information at issue.

The Information Commissioner ordered that CMHC disclose certain information where the parties had not demonstrated that the requirements of the exemptions were met. CMHC gave notice to the Commissioner that it would not comply with parts of the order and would apply to the Federal Court under subsection 41(2) of the Act. The complaint is well founded.