The complainant alleged that the Vancouver Fraser Port Authority (VFPA) had improperly withheld information under the following sections of the Access to Information Act:
- subsection 13(1) (confidential information from government bodies);
- subsection 16(2) (facilitating the commission of an offence);
- subsection 19(1) (personal information);
- paragraph 18(b) (competitive position of government institutions, negotiations by government institutions);
- paragraph 18(d) (government financial interests, undue benefit to an individual);
- paragraph 20(1)(b) (confidential third-party financial, commercial, scientific or technical information);
- paragraph 21(1)(a) (advice or recommendations); and
- paragraph 21(1)(d) (plans related to personnel management or administration).
This was in response to an access request for records related to noise and vibration studies conducted for the Pitt Meadows Road and Rail Project. This allegation falls under paragraph 30(1)(a) of the Act.
The complainant also alleged that the VFPA had not met its responsibilities under subsection 4(2.1) of the Act to make every reasonable effort to assist them in connection with the same access request, asserting that the VFPA improperly provided documents that are not readable. This allegation falls under paragraph 30(1)(f) of the Act.
The VFPA and the third parties could not show that the requirements of most of these exemptions were met. The Information Commissioner ordered that the VFPA disclose certain information at issue and provide legible copies of maps, photos and tables to the complainant. The VFPA gave notice to the Commissioner that it would comply with the order. The complaint is well founded.