The complainant alleged that the Vancouver Fraser Port Authority (VFPA) had improperly withheld information under subsection 18(b) (competitive position of government institutions or negotiations by government institutions) 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 a copy of an agreement between the Musqueam Indian Band and the VFPA. The allegation falls within paragraph 30(1)(a) of the Act.

The Information Commissioner was not satisfied that all of the information withheld under subsection 18(b) met the criteria for exemption. Further, the VFPA did not demonstrate that it considered all relevant factors and reasonably exercised its discretion to decide not to release the information.

Neither the institution nor the third party demonstrated that the information met the requirements for exemption pursuant to paragraph 20(1)(b).

The Commissioner ordered the VFPA to disclose all of the information withheld pursuant to paragraph 20(1)(b), unless it is found to meet the criteria for exemption pursuant to paragraph 18(b). The Commissioner also ordered the VFPA to re-exercise discretion concerning the information found to meet the criteria for exemption pursuant to paragraph 18(b).

The VFPA gave notice that it would release the information that did not meet the criteria for exemption, in a manner that would not disclose the length of the agreement. The VFPA did not address the second part of the order.

The complaint is well founded.

Institution
Vancouver Fraser Port Authority
Section of the Act
18
20(1)(b)
Decision Type
Order
Final report
Date modified:
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