CBRM breaking the law on information request: privacy commissioner

Nova Scotia's information and privacy commissioner says the Cape Breton Regional Municipality is breaking the law in its handling of a freedom of information request.

In a report issued this week, Tricia Ralph said CBRM needs to do a more complete search for records and then release them.

An unnamed person requested the municipality release all records around its decision to award an exclusive contract to a company to attract a container terminal to the Port of Sydney.

According to the privacy commissioner's report, CBRM released 28 pages, but withheld 862 and failed to locate more than 41 others.

The commissioner said that violates the Municipal Government Act and other case law.

The 28 pages that were released simply contained public news releases and articles, event invitations, notices and congratulations, said Ralph.

She said the material that was withheld contained emails, draft news releases and articles and strategies to develop them, as well as presentation information and business agreements.

CBRM didn't complete request on time

Ralph said CBRM claimed it could not release those records because it was not authorized to do so under the Municipal Government Act. It also claimed the information was received in confidence and releasing the records would lead to future harm to the CBRM.

"The CBRM did let us know several times that it was continuing to search for the missing records, but never committed to a date to complete this task and as of the date of this report, had only provided a couple of the missing records," Ralph said.

"The CBRM was well outside of the statutory time frame to complete this fundamental requirement. The CBRM treated the statutory time frames as guidelines, when they are in fact legal duties."

Ralph said the Supreme Court of Canada has affirmed that access to information laws create a presumption in favour of disclosure.

Nova Scotia legislation is unique, she said, because it declares municipalities must be fully accountable to the public, with limited exceptions.

"It is intended to give the public greater access to information than might otherwise be contemplated in the other provinces and territories in Canada," said Ralph.

Law is clear: commissioner

The law is also clear on third-party information.

"Private third parties should be well aware that their interactions with municipalities are fully accessible to the public, subject to limited exemptions as set out in the legislation," said Ralph.

The privacy commissioner recommended CBRM do a more thorough search and release all the records.

Deborah Campbell Ryan, the municipality's freedom of information and protection of privacy officer, declined to be interviewed.

Her boss, chief administrative officer Marie Walsh, said in an email that staff are in the process of reviewing the report and will be discussing it in the near future.

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