Municipal Transparency: Choice, Not Law

by Marcus Liu - Business Editor
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DrummondvilleS Transparency Issues: Access to Facts and Eternal Contaminants

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Publication Date: 2025/08/27 00:56:55

During a recent public discussion regarding “eternal contaminants,” Drummondville Mayor Stéphanie Lacoste stated that teh municipal administration is obligated to comply wiht the Act on Access to Public Organisms and the Protection of Personal Information. She suggested this law justified withholding certain information from citizens. This interpretation requires clarification and a restoration of the facts.

Understanding Quebec’s Access to Information Act

Quebec’s access to information law, officially known as An act respecting access to documents held by public bodies and the protection of personal information, establishes a baseline for public document disclosure. It’s designed to promote transparency and accountability in government. The law does include exceptions to protect legitimate interests, such as individual privacy, public safety, and confidential business information. Though, these exceptions are meant to be applied narrowly.

Access is the Rule, Refusal the Exception

Crucially, the law does not require municipalities to actively remember or retain information. Rather, the Information Access Commission, the body responsible for overseeing the law’s implementation, consistently emphasizes that access to information is the default position, and refusal is only justified under specific, legally defined circumstances. This means that a public body cannot simply choose to withhold information because it doesn’t want to disclose it.

In the case of Drummondville and the concerns surrounding eternal contaminants, this principle is especially relevant. The city’s choice not to release studies,reports,or data funded by taxpayers is a matter of policy,not legal obligation. The law doesn’t prohibit disclosure; the city has simply chosen not to make the information public.

The Misapplication of Professional Secrecy

Another justification sometimes offered for withholding information is the professional secrecy of engineers involved in assessing and addressing the contamination. Though, this argument also lacks merit.

The Order of Engineers’ Clarification

The Order of Engineers of Quebec has explicitly stated, in a written declaration, that the purpose of professional secrecy is to protect the client – in this case, the citizens of Drummondville – and not the engineer or the municipality itself. This means that engineers have a duty to disclose information that is relevant to public health and safety,even if it potentially reflects negatively on the municipality’s actions or decisions.

Why Transparency Matters

Transparency is vital for building public trust and ensuring accountability. When governments operate in secrecy, it breeds suspicion and undermines democratic principles. In the context of environmental contamination,transparency is especially critical. Citizens have a right to know what contaminants are present in their environment, what risks they pose, and what steps are being taken to mitigate those risks.

Key Takeaways

  • The Act respecting access to documents held by public bodies and the protection of personal information does not prevent Drummondville from releasing information about eternal contaminants.
  • Access to information is the rule, and refusal is the exception under Quebec law.
  • The professional secrecy of engineers is intended to protect the public, not the municipality.
  • Transparency is essential for building public trust and ensuring accountability, particularly in matters of environmental health.

The situation in Drummondville highlights the importance of robust access to information laws and a commitment to transparency from public officials. Moving forward, it is indeed crucial that the municipality prioritize open communication with its citizens and proactively disclose information related to the ongoing investigation and remediation of eternal contaminants. Continued resistance to transparency will only erode public trust and hinder efforts to address this important environmental challenge.

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