Vancouver Fraser Port Authority (Re), 2022 OIC 59

The complainant alleged that the Vancouver Fraser Port Authority (VFPA) improperly withheld records related to $103 million in funding from the National Trade Corridors Fund. The VFPA cited exemptions related to government interests, negotiations, and confidential third-party information. The Information Commissioner found that the VFPA failed to demonstrate that all withheld information met the requirements for exemptions under paragraphs 18(b) and 18(d). Furthermore, the VFPA and the third party, Canadian National Railway, did not demonstrate that the exemptions under paragraphs 20(1)(b) and 20(1)(d) were met. The Commissioner ordered the disclosure of all information withheld under paragraphs 20(1)(b) and 20(1)(d), and specific information withheld under paragraphs 18(b) and 18(d). The VFPA agreed to implement the order.

• Whether the Vancouver Fraser Port Authority properly applied exemptions under paragraphs 18(b), 18(d), 20(1)(b), and 20(1)(d) of the Access to Information Act.
• Whether the Vancouver Fraser Port Authority discharged its burden to demonstrate that the withheld information met the requirements of the cited exemptions.
• Whether the third party, Canadian National Railway, met the requirements for the application of exemptions under paragraphs 20(1)(b) and 20(1)(d).
• Whether the Vancouver Fraser Port Authority reasonably exercised its discretion in withholding information.