Decision of Commissioner for Environmental Information
17 August 2022
Case: OCE-115109-S8Q5P5
Summary of Commissioner’s Decision: The Commissioner found that the request
has not been dealt with in accordance with article 4(5) of the Directive because the
Department has:
A) failed to give sufficient reasons under the AIE Regulations for refusing to release
all records relating to the development of a procedure by the Forest Service for
addressing any issues regarding the construction of potentially unsanctioned Forest
Roads.
B) failed to carry out the balancing test required by article 10(3)-(5) of the AIE
Regulations and to give reasons for its conclusion, when attempting to rely on an
exception in respect of its refusal to provide the information requested.