The complainant alleged that Transport Canada had improperly withheld information under paragraph 20(1)(c) (financial impact on a third party) of the Access to Information Act in response to an access request. The request was for records related to Motor Vehicle Crash Test No. TC11-231, involving a 2011 Ford Focus, and conducted on March 15, 2012. The allegation falls under paragraph 30(1)(a) of the Act.

As per subsection 20(4), preliminary testing can be subject to exemption, if the requirements for exemption are met. Transport Canada and the third parties did not demonstrate that the requirements of paragraph 20(1)(c) were met, particularly in light of the explanatory note proposed by Transport Canada. Transport Canada had originally withheld the records out of a concern that misinterpreting them could result in harm. The courts have consistently found that explanatory notes can minimise the risk of misinterpretation of records leading to harm.

The Information Commissioner ordered that Transport Canada disclose the records in full and include an explanatory note with the disclosure. Transport Canada gave notice to the Commissioner that it would comply with the order. The complaint is well founded.