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Federal (Canada)Access to Information ActWell-founded

Vancouver Fraser Port Authority (Re), 2022 OIC 59

Organization: Vancouver Fraser Port AuthorityComplainant: Anonymous applicant
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Plain-language brief

The complainant alleged that the Vancouver Fraser Port Authority (VFPA) improperly withheld information under paragraphs 18(b), 18(d), 20(1)(b), and 20(1)(d) of the Access to Information Act, concerning records related to $103 million in funding from the National Trade Corridors Fund. The OIC found that VFPA did not demonstrate that all information withheld under paragraphs 18(b) and 18(d) met the exemption requirements. Specifically, VFPA agreed to disclose some information initially withheld under these sections. For paragraphs 20(1)(b) and 20(1)(d), neither VFPA nor the third party (Canadian National Railway) provided sufficient evidence to justify the exemptions. The Commissioner ordered VFPA to disclose all information withheld under paragraphs 20(1)(b) and 20(1)(d), and specific information withheld under paragraphs 18(b) and 18(d). VFPA subsequently agreed to implement the order, leading to a well-founded complaint.

Key issues
  1. 1Whether s.18(b) ATIA (competitive position or negotiations of government institutions) was properly applied to fiscal year budgeting, Monitoring Committee, and project information
  2. 2Whether s.18(b) ATIA (competitive position or negotiations of government institutions) was properly applied to estimated project expenditures and contributions
  3. 3Whether the institution reasonably exercised its discretion under s.18(b) ATIA
  4. 4Whether s.18(d) ATIA (government financial interests, ability to manage economy, undue benefit) was properly applied to commodity information
  5. 5Whether s.18(d) ATIA (government financial interests, ability to manage economy, undue benefit) was properly applied to certain project details
  6. 6Whether s.18(d) ATIA (government financial interests, ability to manage economy, undue benefit) was properly applied to future development plans
  7. 7Whether s.18(d) ATIA (government financial interests, ability to manage economy, undue benefit) was properly applied to project costs
  8. 8Whether the institution reasonably exercised its discretion under s.18(d) ATIA
  9. 9Whether s.20(1)(b) ATIA (confidential third-party financial, commercial, scientific or technical information) was properly applied to project descriptions and CN funding information
  10. 10Whether the information is financial, commercial, scientific or technical under s.20(1)(b) ATIA
  11. 11Whether the information is confidential by an objective standard under s.20(1)(b) ATIA
  12. 12Whether the information was supplied by a third party to a government institution under s.20(1)(b) ATIA
  13. 13Whether the third party consistently treated the information as confidential under s.20(1)(b) ATIA
  14. 14Whether s.20(1)(d) ATIA (negotiations by a third party) was properly applied to the name of a contributor and contribution amount from CN
  15. 15Whether there was a reasonable expectation of interference with third-party negotiations under s.20(1)(d) ATIA
Outcome breakdownFavours: Applicant / complainant
  • s.18(b) and s.18(d) exemptions: Partial disclosure ordered
  • s.20(1)(b) and s.20(1)(d) exemptions: Disclosure ordered
  • Compliance with order: Institution agreed to implement order
  • Complaint outcome: Complaint well-founded
Outcome

Complaint well founded — disclosure ordered

Reasoning

The institution failed to demonstrate that all information withheld under paragraphs 18(b) and 18(d) met the requirements of those exemptions. Furthermore, neither the institution nor the third party provided sufficient evidence to justify the application of paragraphs 20(1)(b) and 20(1)(d).

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Decision notes
Recommended action / remedy

The Vancouver Fraser Port Authority was ordered to disclose all information withheld under paragraphs 20(1)(b) and 20(1)(d), and specific information withheld under paragraphs 18(b) and 18(d).

Statutes considered
  • s.18(b) ATIA
  • s.18(d) ATIA
  • s.20(1)(b) ATIA
  • s.20(1)(d) ATIA
  • s.30(1)(a) ATIA
  • s.35(2)(c) ATIA
  • s.36.1(1) ATIA
  • s.37(4) ATIA
  • s.41 ATIA
  • s.43 ATIA

This summary is for informational purposes only and does not constitute legal advice.

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