Order in Council 924/2017

On the recommendation of the undersigned, the Lieutenant Governor of Ontario, by and with the advice and concurrence of the Executive Council of Ontario, orders that:

Whereas the Environmental Commissioner of Ontario, an Officer of the Legislative Assembly, is required under section 58.2 of the Environmental Bill of Rights, 1993 to report annually to the Speaker of the Assembly on the progress of activities in Ontario to reduce emissions of greenhouse gases;

And Whereas the Climate Change Mitigation and Low-carbon Economy Act, 2016 establishes a Greenhouse Gas Reduction Account (GGRA) to which amounts may be charged and paid out of the Consolidated Revenue Fund (CRF), to fund directly or indirectly costs relating to initiatives that are reasonably likely to reduce (or to support the reduction of) greenhouse gases;

And Whereas such initiatives are critical to Ontario's plans to achieve the greenhouse gas emission reduction targets established by the Climate Change Mitigation and Low-carbon Economy Act, 2016;

And Whereas the Environmental Commissioner of Ontario requires access to information in the custody and control of Ministries in order to support the fulfillment of the Environmental Commissioner of Ontario’s responsibility to report to the public, through the Speaker of the Assembly, under section 58.2 of the Environmental Bill of Rights, 1993;

And Whereas certain information in the custody and control of Ministries is protected by the mandatory Cabinet Records exemption of section 12 of the Freedom of Information and Protection of Privacy Act;

And Whereas the Lieutenant Governor in Council considers it advisable to provide the Environmental Commissioner of Ontario access to this information;

Now therefore Pursuant to subsection 12(2) paragraph (b) of the Freedom of Information and Protection of Privacy Act:

1. Every Ministry of the Government of Ontario is authorized to provide to the Environmental Commissioner of Ontario any environmental, financial, economic, or other information protected by subsection 12(1) of the Freedom of Information and Protection of Privacy Act that relates to:
   • The Minister of the Environment and Climate Change’s evaluation pursuant to subsection 71(3) of the Climate Change Mitigation and Low-carbon Economy Act, 2016 (Minister’s Evaluation), of any initiative for which  the funding is proposed to be charged to the GGRA and paid out of the CRF (GGRA Initiative) including:
     • The anticipated financial and environmental costs and benefits of the GGRA Initiative, including, where available, the quantity, timing, source, location and cost of greenhouse gas reductions anticipated from the GGRA Initiative and the methodologies associated with these estimates;
   • subject to paragraphs 2 and 3 below.

2. Information outlined in paragraph 1 above shall be provided to the Environmental Commissioner of Ontario provided that:
   • The information has been requested by the Environmental Commissioner of Ontario
   • The information is not available through other sources
   • The decision in relation to the GGRA Initiative to which the requested information relates has been made by the Executive Council and announced to the public or tabled with or disclosed to the Legislative Assembly, even if the Executive Council or one of its Committees will or could engage in future deliberations with respect to the decision
   • The requested information is provided in a format that does not reveal other information protected by subsection 12(1) of the Freedom of Information and Protection of Privacy Act, including
     • an agenda
     • a Minute, unless the Minute is the only source of the requested information
     • information in the Minister’s Evaluation relating to a GGRA Initiative that was not approved for funding from the GGRA
     • the substance of the deliberations of the Executive Council or its committees regarding information in the Minister’s Evaluation relating to a GGRA Initiative that was not approved for funding from the GGRA
     • information reflecting the individual opinions of members of the Executive Council
     • a communications plan, stakeholder management plan, key messages, or other communications materials
     • draft legislation or regulations other than the particular draft approved by the Executive Council
   • The information would not reveal personal information or personal health information protected from disclosure by subsection 21(1) of the Freedom of Information and Protection of Privacy Act
   • The Environmental Commissioner of Ontario agrees not to disclose the information without the consent of the Executive Council, but may disclose to the public the conclusions that the Commissioner has drawn about the GGRA Initiative on the basis of such information.

3. The provision of the information to the Environmental Commissioner of Ontario does not waive or limit the authority of the Head of an institution to apply the mandatory exemption of section 12(1) of the Freedom of Information and Protection of Privacy Act should the information be requested by any parties other than the Environmental Commissioner of Ontario.