Access to Information Orders
Decision Information
The Ministry of the Environment (the Ministry) received a request under the Freedom of Information and Protection of Privacy Act (the Act) seeking access to records relating to the contamination of a named property in the City of Toronto. The request stated:
We hereby request access to information from the Central Region Office of the Legal Services Branch of the Ministry of the Environment (the "Ministry") respecting:
1. The known and suspected sources of perchloroethylene ("perc") contamination in the vicinity of the [specified property (the Property)] and the Adjacent Property;
2. Measures taken by the Ministry to identify and control such contamination, including orders, report(s) of provincial officers and prosecutions (we have a copy of the Director's Order dated April 21, 1998), but not the provincial officer's report in support of that order;
3. Measurement of concentrations of perc and other contaminants in the soil and groundwater at the Adjacent Property and other affected sites;
4. Communications between the Ministry and affected parties, including with the owner, former owner and any tenant or former tenant of the Adjacent Property;
5. The known or inferred direction of the groundwater flow in the vicinity of the Adjacent Property;
6. The particulars of any agreement or arrangement between the Ministry and any other party with respect to perc contamination at the Adjacent Property and other affected properties;
7. Information the identifies a source or sources other than the Adjacent Property with respect to perc contamination in the vicinity of the Adjacent Property; and
8. Internal memoranda, including legal opinions, or correspondence dealing with the issue of whether contamination at or from the Adjacent Property will result or is likely to result in an "adverse effect" as defined under the Environmental Protection Act.
The requester also submitted a Ministry Freedom of Information Request form for access to records relating to environmental concerns (general correspondence, occurrence reports, abatement), Orders, Spills, Investigations/prosecutions and Waste Generator number/classes from 1997 to the present in relation to the Adjacent Property.
The Ministry located a number of responsive records and initially provided the requester with a decision letter indicating that partial access to the records was being granted, subject to certain severances made under section 21(1) of the Act (invasion of privacy). The Ministry also provided the requester with a fee estimate of $254.80, which was paid by the requester.
On January 9, 2002, the Ministry issued a final decision in which it advised the requester that, following third party notification, it decided to provide partial access to the records requested with severances made pursuant to sections 13(1) (advice or recommendations), 19 (solicitor-client privilege), 21(1) (invasion of privacy) and 22 (information publicly available) of the Act. The Ministry also enclosed an index of records indicating its disclosure decision, and a package of records for which access had been granted in full (and which did not involve third parties).
The requester, now the appellant, appealed the Ministry's decision to deny access.
Decision Content
NATURE OF THE APPEAL:
The Ministry of the Environment (the Ministry) received a request under the Freedom of Information and Protection of Privacy Act (the Act) seeking access to records relating to the contamination of a named property in the City of Toronto. The request stated:
We hereby request access to information from the Central Region Office of the Legal Services Branch of the Ministry of the Environment (the “Ministry”) respecting:
1. The known and suspected sources of perchloroethylene (“perc”) contamination in the vicinity of the [specified property (the Property)] and the Adjacent Property;
2. Measures taken by the Ministry to identify and control such contamination, including orders, report(s) of provincial officers and prosecutions (we have a copy of the Director’s Order dated April 21, 1998), but not the provincial officer’s report in support of that order;
3. Measurement of concentrations of perc and other contaminants in the soil and groundwater at the Adjacent Property and other affected sites;
4. Communications between the Ministry and affected parties, including with the owner, former owner and any tenant or former tenant of the Adjacent Property;
5. The known or inferred direction of the groundwater flow in the vicinity of the Adjacent Property;
6. The particulars of any agreement or arrangement between the Ministry and any other party with respect to perc contamination at the Adjacent Property and other affected properties;
7. Information the identifies a source or sources other than the Adjacent Property with respect to perc contamination in the vicinity of the Adjacent Property; and
8. Internal memoranda, including legal opinions, or correspondence dealing with the issue of whether contamination at or from the Adjacent Property will result or is likely to result in an “adverse effect” as defined under the Environmental Protection Act.
The requester also submitted a Ministry Freedom of Information Request form for access to records relating to environmental concerns (general correspondence, occurrence reports, abatement), Orders, Spills, Investigations/prosecutions and Waste Generator number/classes from 1997 to the present in relation to the Adjacent Property.
The Ministry located a number of responsive records and initially provided the requester with a decision letter indicating that partial access to the records was being granted, subject to certain severances made under section 21(1) of the Act (invasion of privacy). The Ministry also provided the requester with a fee estimate of $254.80, which was paid by the requester.