|
|
|
|
|
|
|
|
|
|
|
|
|
|
Document
|
|
MO-1377
|
|
|
|
|
|
Institution/HIC
|
|
Township of Edwardsburgh
|
|
|
|
|
|
Summary
|
|
NATURE OF THE APPEAL: The appellant wrote to the Township of Edwardsburgh (the Township) seeking access under the Municipal Freedom of Information and Protection of Privacy Act (the Act ) to a copy of the "Township of Edwardsburgh Waste Disposal Site 1998 Monitoring Report", dated May 1999, prepared by a named environmental consultant. The Township identified a June 1999 version of the report, which it agreed to provide to the requester upon payment of a fee. The requester made it clear that she was interested in receiving access to the May 1999 version of the report, and appealed the Township's decision on the basis that the May 1999 version was in the Township's custody or under its control. As a result, this office opened Appeal Number MA-990222-1. During mediation, it was clarified that the May 1999 version of the report exists, but it is in the possession of the consultant and not the Township. The Township took the position that the report is not under its control. In Order MO-1289 dated March 31, 2000, Assistant Commissioner Tom Mitchinson determined that the record is "under the control" of the Township for the purpose of section 4(1) of the Act . As a result, the Assistant Commissioner made the following order: I order the Township to send a written direction to the consultant to provide the Township with the May, 1999 version of the report. The Township's written direction should be issued no later than April 26, 2000 , and should require delivery of the record no later than May 5, 2000 . Upon receipt of the record from the consultant, I order the Township to issue an access decision to the appellant in accordance with Part I of the Act , treating the date of receipt of the record as the date of the request. I order the Township to provide me with a copy of the written direction referred to in provision 1 above, and a copy of the Township's access decision referred to in provision 2 above. I remain seized of this appeal with respect to any compliance issues arising from this order. On June 8, 2000, the Township issued a decision to the appellant denying access to the record at issue. The Township stated that access was denied on the basis of section 4(1)(b) (frivolous or vexatious request) of the Act , and further stated that: The 1998 report dated May 1999 contained errors and was superceded by a 1998 report dated June 1999. The 1998 report has subsequently been superceded by a 1999 environmental monitoring updated dated June 2000. The appellant appealed the Township's access decision to this office, and Appeal Number PA-990222-2 was opened. In her letter of appeal, the appellant stated (among other things): It is important for me to see what information was in the original record versus the altered version of the record. This record contains groundwater monitoring data and conclusions regarding possible groundwater contamination which may be contaminating my drinking well water . In addition, the Ministry of the Environment decisions made based on the May 1999 record were subsequently changed upon receipt of the altered record dated June 1999. Therefore, I feel that this information is important to my understanding of the Ministry of the Environment's position in this matter and it is important to my family's long term health [appellant's emphasis]. During the mediation stage of the appeal, the Township wrote to this office stating: . . . We wish to reiterate our position, as expressed in our letter to the Commissioner January 24, 2000: The report in question was received by the Township, but on careful review, was found to contain errors. The report was deemed unacceptable, we declined to accept it, and all copies were returned to [the consultant]. A new report bearing the same title but dated June 1999 was received and accepted by the Township. This latter report was submitted to the Ministry of the Environment for the Province of Ontario in compliance with Provisional Certificate of Approval No. A440404 dated September 24, 1997. This report has been accepted and vetted by the Ministry of the Environment. The 1998 Environmental Monitoring Updated dated June 1999 is available to the public at the municipal offices of the [Township]. The appellant was offered in writing July 6 and September 15 the opportunity to obtain a copy of this report, which she declined. SECTION 4, VEXATIOUS OR FRIVOLOUS The Township considers the request by the appellant to be both frivolous and vexatious. The request to obtain a report, which contains errors and has been replaced by a subsequent report that has been provided to, accepted by and vetted by the Ministry of the Environment, can only be deemed frivolous. In addition, the 1999 Environmental Monitoring Update and Surface Water Drainage Plan, has been prepared and filed with the Ministry of the Environment in May of 2000. This report is a progressive document that contains all factual test data from the inception of monitoring at the Waste Disposal Site, including that which was reported in the 1998 report. It also contains data resulting from an additional year of operation of the site and is currently under review by the Ministry of the Environment Eastern Region Office in Kingston. The appellant has made no attempt to review this latter report, nor has she requested a copy of it. Surely one would be interested in obtaining the most recent information available. Secondly, an Application for Review of the Provisional Certificate of Approval A441404 was filed with the Environmental Bill of Rights Office to "consider the immediate and temporary closure of the Site". Based upon the information disclosed in the application, we have reasonable grounds to believe that the appellant initiated the application. The Ministry of the Environment "decided that a review will not be conducted". We consider that the attempt to obtain a rejected copy of the 1998 Environmental Monitoring Update, May, 1999
|
|
|
|
|
|
Legislation
|
|
|
|
|
|
|
|
Subject Index
|
|
|
|
|
|
|
|
Published
|
|
Dec 08, 2000
|
|
|
|
|
|
Type
|
|
Order
|
|
|
|
|
|
<<
Back
|
|
|
|
Back to Top
|
 |
|
|
|
© Copyright
2013
Information and Privacy Commissioner of Ontario. All Rights Reserved.
|