Bill 29 can't shield price of office supplies, judge rules
The company that won the contract to provide office supplies to Memorial University can’t use Bill 29 to shield the cost of pens, paper clips and highlighters from public disclosure, a Newfoundland and Labrador Supreme Court judge has ruled.
Staples Advantage, the business-to-business division of Staples, had gone to court to block the release of the pricing data.
Justice Raymond Whalen rejected Staples’ rationale that disclosure would be harmful to its business.
“The applicant’s evidence falls more into the category of mere possibility and speculation,” Whalen wrote in his decision.
“The applicant clearly wishes to protect the turf that it has enjoyed for 30 years and it continues to enjoy the benefits of having the contract to provide office supplies to MUN.”
A competitor, Dicks and Company, had made the request using provincial access-to-information laws.
In court filings, Dicks alleged that Staples was providing contract items at a financial loss and making up for the difference through higher prices on “far more lucrative” non-contract items. Those allegations have not been proven in court.
Staples used a new section of the law amended by Bill 29 to argue that the pricing information was exempt from release.
Before Bill 29, there was a tough three-part test that had to be met in order to keep business information private. After Bill 29, that changed to a simpler one-part threshhold.
In making his decision, the judge cited the overarching purpose of the law, to provide accountability.
“The public is to be given access to records of the public body with limited exceptions,” Whalen wrote.
“While not restricted to the expenditures of public funds, the principle of being accountable to the public applies, in my view, with even greater focus when involving the use of the public’s money.”
Tories stung by Bill 29 fallout
While this decision involved items costing quarters and loonies, it could set a precedent for disclosure of how taxpayer dollars are spent government-wide.
In February, when asked about the case, the province declined to say whether Bill 29 was meant to exclude pricing information like this from public disclosure.
"This current matter that we're discussing is a matter that's before the courts right now,” Steve Kent, the then-minister in charge of the province's Office of Public Engagement, said at the time.
“So I can't comment on the specifics of the case that is before the courts. What I can tell you is that as a government, we want to see as much information released as possible, wherever possible."
It’s a sensitive topic for the government.
The Tory administration, stung by public criticism of Bill 29, moved forward a planned review of access to information laws.
A blue-ribbon panel led by former premier and Supreme Court justice Clyde Wells is expected to soon make recommendations on possible changes to the law.
