BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/5823-04530 — Port Alberni Port Authority
Office of the Information Commissioner of CanadaAccess to Information Act5823-04530Well-founded
Flag of Canada

5823-04530 — Port Alberni Port Authority

Organization: Port Alberni Port Authority
Decision: Feb 10, 2025Published: Feb 10, 2025

The complainant alleged that the Port Alberni Port Authority (PAPA) improperly withheld information regarding equipment leases under several exemptions, including financial and commercial information, and that PAPA did not conduct a reasonable search. The Information Commissioner found that PAPA failed to demonstrate that the rental rate information met the requirements for the financial impact exemption (paragraph 20(1)(c)). However, the Commissioner was satisfied that PAPA conducted a reasonable search for records. PAPA was ordered to disclose the redacted rental rate information.

  • Whether the withheld rental rate information meets the requirements of paragraph 20(1)(c) of the Access to Information Act (financial impact on a third party)
  • Whether the institution conducted a reasonable search for records
  • Whether the institution properly applied exemptions under paragraphs 18(a), 18(b), and subsection 19(1) of the Access to Information Act

Complaint well founded — disclosure ordered

The Commissioner determined that the Port Alberni Port Authority did not adequately demonstrate that disclosing the rental rates would have a material financial impact on the third party or harm its competitive position, beyond a mere possibility. The Commissioner also found that the institution had conducted a reasonable search for records.

AI-generated summary for reference only. Always verify against the official decision ↗

Recommended action / remedy

The Port Alberni Port Authority was ordered to disclose the redacted rental rate information on pages 54 and 55 of the records.

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

This is an informational summary only and not legal advice.