5821-05702 — Vancouver Fraser Port Authority

The complainant alleged that the Vancouver Fraser Port Authority (VFPA) improperly withheld records related to noise and vibration studies under various sections of the Access to Information Act. The complainant also alleged the VFPA did not make reasonable efforts to assist them, providing illegible documents. The Commissioner found that while some information was properly withheld under exemptions like paragraph 18(b) concerning negotiations, much of the withheld information did not meet the exemption requirements. The Commissioner ordered the VFPA to disclose certain records and provide legible copies of maps, photos, and tables, which the VFPA agreed to implement.

• Improper withholding of records under multiple ATIA exemptions (e.g., s. 13(1), s. 18(b), s. 18(d), s. 19(1), s. 20(1)(b), s. 21(1)(a), s. 21(1)(d)).
• Failure to make reasonable efforts to assist the requester (ATIA s. 4(2.1)) by providing illegible documents.
• Burden of proof on the institution and third parties to justify exemptions.
• Reasonable exercise of discretion by the institution when withholding information.