Vancouver Fraser Port Authority (Re), 2026 OIC 51
The complainant alleged that the Vancouver Fraser Port Authority (VFPA) improperly withheld information under several provisions of the Access to Information Act and failed to conduct a reasonable search for records related to a marine water incident. The OIC investigation found that VFPA did not demonstrate that some withheld information qualified as personal information or advice/recommendations. Specifically, information related to an employee's functions was not personal information, and certain reports and factual information did not constitute advice or recommendations. However, the OIC found that VFPA's application of solicitor-client privilege and its exercise of discretion for other exemptions were reasonable. The OIC also concluded that VFPA conducted a reasonable search for records. The complaint was found to be well-founded because VFPA improperly withheld some information under subsection 19(1) and paragraph 21(1)(a). VFPA was ordered to disclose specific information, and the institution agreed to implement the order.
- 1Whether s.19(1) ATIA (personal information) was properly applied to information about an individual's functions as an employee
- 2Whether s.19(1) ATIA (personal information) was properly applied to other personal information
- 3Whether VFPA reasonably exercised discretion under s.19(2) ATIA for personal information
- 4Whether s.21(1)(a) ATIA (advice or recommendations) was properly applied to information in a report prepared for the institution
- 5Whether s.21(1)(a) ATIA (advice or recommendations) was properly applied to factual information
- 6Whether s.21(1)(a) ATIA (advice or recommendations) was properly applied to exchanges of advice or recommendations
- 7Whether VFPA reasonably exercised discretion under s.21(1)(a) ATIA for advice or recommendations
- 8Whether s.23 ATIA (solicitor-client privilege) was properly applied to information related to legal advice
- 9Whether VFPA reasonably exercised discretion under s.23 ATIA for solicitor-client privilege
- 10Whether VFPA conducted a reasonable search for records
- s.19(1) personal information: Exemption not upheld for some information
- s.21(1)(a) advice/recommendations: Exemption not upheld for some information
- Reasonable search: Search found to be reasonable
- Solicitor-client privilege: Exemption upheld
- Other exemptions: Exemptions upheld
- Disclosure of records: Specific information ordered disclosed
Complaint well founded — disclosure ordered
The Vancouver Fraser Port Authority failed to demonstrate that certain information met the requirements for exemption under subsection 19(1) (personal information) and paragraph 21(1)(a) (advice or recommendations). Specifically, some information was found not to be personal information as it related to an employee's functions, and other information was deemed factual or part of a report prepared for the institution, thus not qualifying as advice or recommendations under the Act. The institution's search for records and its application of other exemptions were found to be reasonable.
The Chief Executive Officer of the Vancouver Fraser Port Authority is ordered to disclose specific information withheld under subsection 19(1) and paragraph 21(1)(a) on pages 38, 88, 1439, 1522, 3731, 3738, 3739, 3743, 3748, 3776 (after the first sentence) and 3783 (except the seventh and last sentence) no later than 36 business days after the date of the final report.
- s.19(1) ATIA
- s.23 ATIA
- s.16(2) ATIA
- s.20(1)(b) ATIA
- s.21(1)(a) ATIA
- s.21(1)(b) ATIA
- s.21(1)(c) ATIA
- s.30(1)(a) ATIA
- s.36.2 ATIA
- s.19(2) ATIA
- s.21(2) ATIA
- s.43 ATIA
This summary is for informational purposes only and does not constitute legal advice.
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