November 6, 2012
For immediate release
Province respects Provincial Nominee Program Judicial Review decision
Innovation and Advanced Learning
Today, in compliance with the decision of the judicial review, the Province released the names of corporations that received investments through the Provincial Nominee Program, says Minister of Innovation and Advanced Learning Allen Roach.
“We have provided the requested information to the applicant in accordance with the decision of the judicial review,” said Minister Roach. “The businesses listed account for about one-quarter of all Island businesses. The Provincial Nominee Program is an economic program used by all provinces and territories to boost a province’s economy and support local businesses. More than 1,300 Island businesses received investment through the Provincial Nominee Program, who in turn invest in the Island economy.”
In 2008-09, Island Investment Development Incorporated (IIDI) received requests under the Freedom of Information and Protection of Privacy Act (FOIPP) in relation to the Provincial Nominee Program.
• In February 2009, IIDI contacted each company that received investment to inform them of the FOIPP requests, allowing companies to provide input and relevant factors to be considered when deciding whether to release the requested information. A vast majority of companies expressed concern around the disclosure of the information requested.
• In June 2009, IIDI informed the applicants that after considering the relevant factors, IIDI refused access to the requested information. P.E.I.’s Information and Privacy Commissioner agreed with IIDI’s decision.
• On June 30, 2010, the applicant applied to the Supreme Court of P.E.I. for a judicial review of Former Acting Privacy Commissioner Judy Haldemann’s ruling.
• Hearings were held at Supreme Court in March 2012 and the decision was issued on November 2, 2012.
The conclusion of the decision states, “The decision of the Commissioner to uphold IIDI’s refusal to disclose the names of the corporations which received units under the PNP is not reasonable and, therefore, CBC is entitled to the names of those corporations under the Act.”
A list of corporations that received investments through the Provincial Nominee Program may be viewed online at www.gov.pe.ca/immigration/PNP.
Supplementary information from the Auditor General clarifying the number of corporations who received investments through the Provincial Nominee Program can be viewed here.