5821-07279 — Vancouver Fraser Port Authority and Musqueam Indian Band
The complainant requested a copy of an agreement between the Vancouver Fraser Port Authority (VFPA) and the Musqueam Indian Band. The VFPA withheld the entire agreement, citing exemptions related to competitive position and confidential third-party information. The Information Commissioner found that the VFPA did not adequately justify withholding the information under the competitive position exemption and failed to reasonably exercise its discretion. The Commissioner also found that the information did not meet the criteria for the confidential third-party information exemption. Consequently, the complaint was found to be well-founded.
- Whether the agreement between VFPA and Musqueam Indian Band qualified for exemption under subsection 18(b) of the Access to Information Act (ATIA).
- Whether the VFPA reasonably exercised its discretion to withhold the information under subsection 18(b) ATIA.
- Whether the agreement contained information qualifying for exemption under paragraph 20(1)(b) ATIA.
- Whether the information was supplied by a third party as required by paragraph 20(1)(b) ATIA.
Complaint well founded — disclosure ordered
The Commissioner found that the VFPA did not sufficiently demonstrate how disclosure would harm its competitive position or interfere with negotiations, and that its discretion was not reasonably exercised. The Commissioner also found that the agreement did not meet the criteria for the confidential third-party information exemption, particularly concerning the nature of the information and whether it was consistently treated as confidential and supplied by a third party.
AI-generated summary for reference only. Always verify against the official decision ↗
The VFPA was ordered to disclose information withheld under paragraph 20(1)(b) unless it met the criteria for exemption under paragraph 18(b), and to re-exercise its discretion for information found to meet the criteria for exemption under paragraph 18(b).
- s.18(b) ATIA
- para. 20(1)(b) ATIA
- para. 30(1)(a) ATIA
This is a summary for informational purposes only and does not constitute legal advice.