The Information and Privacy Commissioner, Ed Ring, has released his Report A-2010-001 under authority of the Access to Information and Protection of Privacy Act. A summary of the Report is included below.

To view the Report in its entirety, please go to //www.oipc.nl.ca/accessreports.htm

Report: A-2010-001
Report Date: January 28, 2010
Public Body: Department of Environment and Conservation

Summary:
The Applicant applied under the Access to Information and Protection of Privacy Act ("ATIPPA") for access to a report regarding greenhouse gas emissions forecast scenarios prepared for the Department of Environment and Conservation (the "Department") (the "GHG Report"). The Department initially refused access to the GHG Report in its entirety citing section 20(1)(a) (policy advice or recommendations) of the ATIPPA. The Department later cited section 18 (cabinet confidences) as an additional exception to disclosure. Later still, the Department released portions of the GHG Report to the Applicant but withheld other portions pursuant to section 20(1)(a). At this time the Department also added section 27 (disclosure harmful to business interests of a third party) as an additional exception to disclosure. The Commissioner found that sections 18 and 27 were not applicable to the information contained in the GHG Report. In respect of section 20(1)(a), the Commissioner found that a small portion of information contained in the GHG Report was exempted from disclosure pursuant to section 20(1)(a), however, the remainder was recommended for release in accordance with sections 20(2)(a) and (e) or because the information does not reveal advice or recommendations. The Commissioner also commented on the issue of delay and the Department's attempt to claim additional exceptions to disclosure after a Request for Review has been filed with this Office.

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