LSRCA’s justification for secrecy is all smoke and mirrors

from Jack Gibbons North Gwillimbury Forest Alliance
The head of the Lake Simcoe Region Conservation Authority (LSRCA) says the authority cannot release DG Group’s wetland destruction application because it would be illegal and against LSRCA policy to do so. Except there actually is no law that prevents the LSRCA from releasing the application (in fact, quite the contrary) and the authority’s own policies make it clear that any such application should be treated as ‘public’ information. (See the letter to the LSRCA board from NGFA lawyer Leo Longo outlining these facts.)
For example, on the LSRCA’s permit application form, it clearly states that “This application and supporting documents will be considered as public documents and available to the public on written request under the Freedom of Information and Protection of Privacy Act.” Despite this very clear language – and the very clear intent that applications be shared with the public upon request – the NGFA’s written requests for a copy of DG Group’s application have not resulted in any release of information.
As for legal restrictions, our lawyer’s careful search of existing laws and court and tribunal rulings found no restrictions on the release of this information. In fact, the Municipal Freedom of Information and Protection of Privacy Act clearly states that:
“Every person has a right of access to a record or a part of a record in the custody or under the control of an institution unless,
(a) the record or the part of the record falls within one of the exemptions under sections 6 to 15; or
(b) the head is of the opinion on reasonable grounds that the request for access is frivolous or vexatious.”
No exemptions listed under sections 6 to 15 of the Act apply to a Section 28 permit application and its supporting documentation.
There is also no legal or policy reason that the application cannot be released before the authority makes a decision on whether to approve or deny it.  In fact, it is clearly in the public interest to understand what DG Group is proposing so that there can be informed discussion with our elected representatives who make up the authority’s board.
To qualify for a Section 28 permit, DG Group’s application must pass the ‘Conservation of Land’ test. Essentially, it must not interfere with the wetlands that make up 80% of the Maple Lake Estate property. The public deserves to see how DG Group proposes to pass this highly difficult test.
Please contact your LSRCA board representatives (link to list of directors), and ask them to support our request for the release of DG Group’s Section 28 permit application