Canadian privacy & access decisions

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.

• Whether s.19(1) ATIA (personal information) was properly applied to information about an individual's functions as an employee
• Whether s.19(1) ATIA (personal information) was properly applied to other personal information
• Whether VFPA reasonably exercised discretion under s.19(2) ATIA for personal information
• Whether s.21(1)(a) ATIA (advice or recommendations) was properly applied to information in a report prepared for the institution
• Whether s.21(1)(a) ATIA (advice or recommendations) was properly applied to factual information
• Whether s.21(1)(a) ATIA (advice or recommendations) was properly applied to exchanges of advice or recommendations
• Whether VFPA reasonably exercised discretion under s.21(1)(a) ATIA for advice or recommendations
• Whether s.23 ATIA (solicitor-client privilege) was properly applied to information related to legal advice
• Whether VFPA reasonably exercised discretion under s.23 ATIA for solicitor-client privilege
• Whether VFPA conducted a reasonable search for records