5823-04530 — Port Alberni Port Authority
The complainant alleged that the Port Alberni Port Authority (PAPA) improperly withheld information under several exemptions of the Access to Information Act, specifically paragraphs 18(a), 18(b), 20(1)(b), 20(1)(c), and subsection 19(1), related to the lease of equipment. The complainant also alleged that PAPA failed to conduct a reasonable search for records. The investigation focused on the application of paragraph 20(1)(c) to specific rental rate amounts on two pages and the reasonable search allegation. The Commissioner found that PAPA could not demonstrate that the disclosure of the rental rates would reasonably be expected to cause material financial impact or harm the competitive position of the third party. However, the Commissioner was satisfied that PAPA conducted a reasonable search for records. Consequently, the complaint was found to be well founded regarding the exemption claim, and PAPA was ordered to disclose the redacted information.
- 1Whether s.18(a) ATIA (government financial, commercial, scientific or technical information) was properly applied
- 2Whether s.18(b) ATIA (competitive position of government institutions or negotiations by government institutions) was properly applied
- 3Whether s.19(1) ATIA (personal information) was properly applied
- 4Whether s.20(1)(b) ATIA (confidential third-party financial, commercial, scientific or technical information) was properly applied
- 5Whether s.20(1)(c) ATIA (financial impact on a third party) was properly applied to rental rate amounts on pages 54 and 55
- 6Whether disclosure of rental rates could result in material financial loss or gain to the third party
- 7Whether there is a reasonable expectation of harm to the third party's financial impact or competitive position
- 8Whether Port Alberni Port Authority conducted a reasonable search for records
- s.20(1)(c) third-party info: Exemption not upheld
- Adequacy of search: Search found reasonable
- Disclosure of records: Redacted information ordered disclosed
Complaint well founded — disclosure ordered
The Port Alberni Port Authority failed to provide sufficient evidence to demonstrate that the disclosure of the rental rate information would reasonably be expected to cause material financial loss or harm the competitive position of the third party, as required by paragraph 20(1)(c) of the Act. The institution's assertions of potential harm were deemed speculative and not supported by a clear and direct connection between disclosure and probable harm. However, the institution did demonstrate that it conducted a reasonable search for records.
The President and Chief Executive Officer of Port Alberni Port Authority is ordered to disclose the rental rate amounts on pages 54 and 55 of the records.
- 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
- s.35(2)(c) ATIA
- s.36.3 ATIA
- s.43 ATIA
This summary is for informational purposes only and does not constitute legal advice.
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