Information and Privacy Commissioner Diane McLeod has launched an investigation into the Alberta Energy Regulator (AER) concerning AER’s consideration of the public interest override, or section 32, under the Freedom of Information and Protection of Privacy Act (FOIP).
The investigation relates to whether AER had an obligation under section 32 of FOIP to disclose information to the public or others about the tailings pond leak from Imperial’s Kearl Oil Sands Project.
The issues for the investigation are:
- After learning about the substance release(s) from Imperial:
- Did AER have a duty under section 32(1) to disclose information about a risk of significant harm to the environment or to the health or safety of the public, of the affected group of people, or of the person?
- Did AER have a duty under section 32(1) to disclose information that is clearly in the public interest?
- If so, has AER (or any other implicated public body) fulfilled its section 32(1) duty?
This is an open investigation. No further details, including an estimated timeline, are available.
A public investigation report may be issued upon conclusion of the investigation.