BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/5822-00380 — Port Alberni Port Authority
Office of the Information Commissioner of CanadaAccess to Information Act5822-00380Well-founded
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5822-00380 — Port Alberni Port Authority

Organization: Port Alberni Port Authority
Decision: Mar 13, 2025Published: Mar 13, 2025

The complainant alleged that the Port Alberni Port Authority (PAPA) improperly withheld information related to the lease or sale of its assets, citing exemptions under paragraphs 18(a), 18(b), 18(c), subsection 19(1), and paragraphs 20(1)(b), 20(1)(c) of the Access to Information Act. The request was specifically for company names and amounts. PAPA failed to demonstrate that the withheld information met the requirements of these exemptions. Consequently, the Information Commissioner ordered PAPA to disclose the requested information concerning company names and amounts.

  • Whether PAPA improperly withheld information regarding company names and amounts under various sections of the Access to Information Act.
  • Whether the withheld information met the criteria for exemptions under paragraphs 18(a), 18(b), 18(c), subsection 19(1), and paragraphs 20(1)(b), 20(1)(c) of the ATIA.
  • Whether PAPA discharged its burden to prove that the exemptions applied to the withheld information.
  • The confidentiality and commercial value of the leased premises information.

Complaint well founded — disclosure ordered

The Commissioner found that the Port Alberni Port Authority did not provide sufficient evidence or justification to meet the requirements for withholding information under the cited exemptions (paragraphs 18(a), 18(b), 18(c), subsection 19(1), and paragraphs 20(1)(b), 20(1)(c)). The authority failed to demonstrate that the information regarding company names and amounts had substantial value, was confidential, or would cause harm if disclosed.

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Recommended action / remedy

Port Alberni Port Authority is ordered to release all information related to company names and amounts that was previously withheld under subsection 19(1) and paragraphs 18(a), 18(b), 20(1)(b) and 20(1)(c).

Statutory provisions cited
  • s.18(a) ATIA
  • s.18(b) ATIA
  • s.18(c) ATIA
  • s.19(1) ATIA
  • s.20(1)(b) ATIA
  • s.20(1)(c) ATIA
  • s.30(1)(a) ATIA

This decision is informational only and does not constitute legal advice.