Review of Sydney port development won't be cheap

The Nova Scotia privacy commissioner's office has a three-year backlog of reviews to do on freedom of information requests and it appears an expensive one concerning CBRM's port development will soon come up for review.

The request was sent in May 2016 to Cape Breton Regional Municipality, which estimated the cost of retrieving the information at $43,000.

It was appealed later that year to the privacy commissioner's office, which is now getting ready to assign an investigator.

Sydney lawyer Guy LaFosse said he has clients who wanted copies of texts, emails and contracts surrounding the port development.

He refused to name his clients, but said they asked for employment contracts involving four CBRM officials. They are chief administrative officer Michael Merritt, Port of Sydney CEO Marlene Usher, and Mark Bettens and Christina Lamey, who were hired to work in the mayor's office.

Clients seek details of exchanges with mayor

The clients also wanted details of any text or email exchanges between them and Mayor Cecil Clarke.

LaFosse said his clients also requested information on CBRM's dealings with three companies involved in efforts to develop the port or a container terminal.

Those companies are Harbour Port Development Partners, which is now known as Sydney Harbour Investment Partners, the now-defunct economic development agency Business Cape Breton, and China Communications Construction Company.

The request was made under the Nova Scotia's Freedom of Information and Protection of Privacy Act and LaFosse said he knew the request was large.

"It was quite an extensive FOIPOP that we were looking for at that time because my clients were very interested in what was happening with the port development, what the costs were, and about the various employment contracts that employees had with CBRM," he said.

"Surely that's information that the taxpayers are entitled to receive."

Attempt made to solve dispute informally

LaFosse said his clients weren't prepared to pay CBRM's estimated $43,000 bill and requested a review. He said the privacy commissioner's office tried to informally resolve the dispute, asking the municipality if it would lower the estimate and asking LaFosse if his clients would narrow the scope of the request.

Neither side budged, he said.

LaFosse said earlier this year, the privacy office contacted him to see if his clients were still interested in an appeal.

He said they were, and was told an investigator would be assigned.

LaFosse said eight weeks later, he's still waiting.

He believes it makes a "sham" out of the legislation.

"Because if you've got to be waiting in excess of two years for the privacy commissioner's office to do a review, what does that say about the effectiveness of that office, or what does it say about the teeth, if any, that the legislation has to get disclosures where it should be disclosed?"

Long wait for investigations

Carmen Stuart, director of investigations for the privacy commissioner, said she can't comment on individual cases.

However, she said, reviews that can't be informally resolved and other investigations under the legislation are currently backlogged up to three years.

The office had been making progress on reducing the backlog from a few years ago, she said, but it is growing again because of the rising number of review requests and staffing issues in the office.

The CBRM also said it can't comment on an active case.

LaFosse said his clients want to proceed, and are hoping the CBRM's cost estimate will be reduced to a nominal fee.

"They're patient. I'm patient. We're not going away and so we're looking for that information."