The provincial government is being told to make documents about Hullcar aquifer contamination public.
Elizabeth Denham, information and privacy commissioner, has ordered the Ministry of Environment to disclose soil test results and other associated documents related to the contaminated Hullcar aquifer in Spallumcheen.
"In this case, it is clear that the ongoing risk to clean drinking water in the Hullcar Valley constitutes a matter of public interest," sad Denham in a release.
"Residents have been under a water advisory for two years. In order to restore public confidence in the measures undertaken by the ministry, residents should have access to the soil test results and analysis that support those measures."
Denham initiated an investigation in February after receiving a complaint from the Environmental Law Centre alleging the ministry was required to proactively disclose information related to the water quality in the aquifer under section 25(1)(b) of the Freedom of Information and Protection of Privacy Act. The complaint also alleged the ministry did not make every reasonable effort in responding to their initial access request.
"Section 25(1)(b) requires public bodies to proactively disclose information that is clearly in the public interest," said Denham.
Denham has ordered the Ministry of Environment to disclose, without delay, the soil test results and nutrient management plans that:
* form the basis for the authorization of the application of liquid manure to the farm in question subsequent to the March 6, 2014, compliance order; and
* are required by any compliance, inspection, information, or pollution abatement or prevention orders with respect to nitrate levels in the soil that may leach into the Hullcar aquifer. This order will remain in effect until the water quality advisory issued for the Hullcar aquifer by the Interior Health Authority is rescinded.
Denham says the ministry failed to make every reasonable effort to assist the Environmental Law Centre with its access requests.
"The duty to assist is an essential component of our access and privacy laws. Public bodies must make every reasonable effort to assist and respond without delay to applicants in a way that is open, accurate and complete," she said.
"In this case, the ministry has done a commendable job providing the public with most of the information related to the water quality of the Hullcar aquifer via their website. I don't see any reason why the information at issue could not have been published as well."