Victoria, B.C.- Should the Provincial government have  warned  residents of the  risks associated with the Mt. Polley  tailings pond?

That is the question Information and Privacy Commissioner Elizabeth Denham will try to answer.

A complaint was filed with her office,  raising questions about what  the government knew about  the condition of the  mine and  if the  public should have been notified of the potential risks before the disaster occurred.

“I have decided to investigate whether government was legally bound to disclose information about the Mount Polley mine to British Columbians under section 25 of the Freedom of Information and Protection of Privacy Act" says Denham.

Section 25 of FIPPA imposes a legal requirement on public bodies to provide citizens with timely information in two circumstances:

1. where there is an imminent and significant risk of harm to the environment or to health or safety of the public; or
2. where information is, for any other reason, clearly in the public interest.

During this investigation, the Commissioner has the power to compel disclosure of documents, interview government or company officials, make determinations of compliance with the law and issue recommendations for change.

The investigation results will be made public.