Collection
Access to Information Orders
Date
File Numbers
PA23-00117
Adjudicators
Diane Smith
Decision Type
Order
Applicable Legislation
FIPPA - 17(1)
FIPPA - 52(13)
O. Reg. 419/05: Environmental Protection Act - 22
The appellant sought access, under the Act, to information from the Ministry of the Environment, Conservation and Parks (the ministry) related to the emission capacity of a proposed asphalt plant to be operated by the affected party. The ministry located a report containing this information and ultimately decided to grant access to it in full. The affected party appealed the ministry’s decision claiming that certain emission rate information is exempt under the mandatory third party information exemption in section 17(1) of the Act.
In this order, the adjudicator finds that the affected party has not established that section 17(1) applies to the report. She upholds the ministry’s decision to disclose the report to the appellant.