The Newfoundland and Labrador governments have not released a $ 5 million report on provincial assets, calling it a cabinet document protected by access to information legislation. (CBC)
The $ 5 million review of provincial assets will remain hidden for now, after the Newfoundland and Labrador governments denied access to information to see it, calling it a cabinet record that should not be made public under provincial law.
Numerous media outlets – including CBC Newfoundland and Labrador, Radio-Canada, NTV and the St. John’s Telegram – have requested a copy of the report under information access legislation, known as ATIPP, to access information and protect privacy.
In a letter to CBC and Radio-Canada, the provincial Treasury Department wrote: “Please note that the Rothschild & Co. report is a record created during the process of developing or preparing a cabinet submission. As such, the department wishes to inform that access has not been granted. “
The department said a copy of the report was kept in full in accordance with section 27, the Cabinet’s trust, by law.
The law defines the official record as a record created during the process of developing or preparing an application for the cabinet and states that the head of a public body “must refuse to disclose a cabinet record to a candidate.”
The report, written by multinational banking and financial services company Rothschild and Co., is a review of the province’s assets provided to the government in early April. At the time, Finance Minister Shiohan Cody said the provincial government could not release him because the report contained “trade sensitivity”.
The province commissioned the review following a report last year by the prime minister’s economic recovery team, which recommended selling some assets.
In a press release Tuesday, interim PC leader David Brazil accused Prime Minister Andrew Fury of misleading the public about publishing the review.
Brazil raised the issue during a session of the House of Commons on April 6, accusing the government of withholding information. Fury replied that a request for access to information could be made and the report could be published with edits.
Interim PC leader David Brazil called on Prime Minister Andrew Fury to publish the Rothschild report, with revisions if necessary. (Peter Cowan / CBC)
“This is a normal course of business; we do not prevent it. What we are saying is that, for the first time, this report is an evidence-based approach to valuing our assets. There is obviously trade sensitivity, as I am sure everyone in this House can judge, “Fury said at the time, adding that the report, if requested by access to information laws, would be edited accordingly. with the legislation and we will move on. “
Appeal to the Privacy Commissioner: Cody
On Tuesday, Brazil again accused the government of hiding the report and called on Fury to publish it.
“Not only will his minister not do the right thing and make the report public, but even through the ATIPP process, the document is hidden behind the confidence of the cabinet,” Brazil said.
“The prime minister knew it was a cabinet document when he made his statement. He has control over what is and is not a cabinet document. I call on the Prime Minister to do the right thing: to release this report with the necessary edits and, finally, to be honest with the people of our province about what they intend to do with our assets. “
Finance Minister Siohan Cody says the report contains sensitive trade information. (Curtis Hicks / CBC)
On Tuesday, Cody reiterated that trade considerations were the reason we did not publish the report.
“If we decide to make changes to our assets, you do not want to influence the value of these assets, intentionally or unintentionally.
Cody, who noted that the ATIPP process is beyond ministerial oversight, said the report went to the cabinet, which qualifies it under the law as a cabinet document.
She added that people who have been denied requests can appeal to the Privacy Commissioner. Complaints must be lodged within 15 working days of the letter of refusal.
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