REPORT – Review Of The Mt. Polley Mine Tailings Pond Failure And Public Interest Disclosure By Public Bodies

Date:

The Mount Polley mine tailings pond dam failure on August 4, 2014, was a serious environmental disaster. In the wake of the tailings pond breach, government initiated three separate investigations to determine what went wrong, including an Independent Expert Engineering Investigation and Review Panel, whose final report on the mine tailings pond breach was published on January 30, 2015.

At the time of the tailings pond breach, my Office received complaints alleging that government had information about the incident that it should have disclosed to the public as per section 25 of the Freedom of Information and Protection of Privacy Act (?FIPPA?). The principle underlying s. 25 is an important one.

Public bodies are the stewards of large volumes of information about our health, safety, environment, and other matters of public concern. It is their legal duty under s. 25 to release information about a risk of significant harm to the environment, or health or safety of the public and also to release information if disclosure is ?clearly in the public interest?. This is a mandatory provision that must be acted on proactively, whether or not a request for information has been made. Section 25 of the Act is not often used, and is a powerful obligation as it overrides all other sections of the Act.

That said, it is an important component of ensuring timely release of significant and important information held by public bodies. In response to these complaints I initiated an investigation into whether government had information in its possession about the risk posed by the dam that it should have released prior to the breach. I also took this opportunity to delve further into the correct interpretation of s. 25(1)(b), which is the requirement to disclose information that is ?clearly in the public interest?. I have been concerned about the proper interpretation of the public interest disclosure requirement for a number of years and chose this investigation as the appropriate opportunity to clarify its interpretation.

Read full REPORT here.

Elizabeth Denham Information and Privacy Commissioner for BC – July 2, 2015.

Want More Investigative Content?

Curate RegWatch
Curate RegWatchhttps://regulatorwatch.com
In addition to our original coverage, RegWatch curates top stories on issues and impacts arising from the regulation of economic, social and environmental activity in Canada and the U.S.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

MORE VAPING

Real Threat | Health Minister Unravels Canada’s Tobacco Strategy | RegWatch

Canadian Federal Health Minister Mark Holland is launching a crusade against safer nicotine products, driven by the uncompromising stance of non-profit health groups vehemently...