Freedom of information...well, SOME information...Ontario-style

Getting information out of Canadian governments and their agencies has never been an easy thing. The federal government of "Call Me Steve" Harper has rightly been called the most secretive and controlling in history. But the federal Tories have their counterpart in the Ontario Liberal government of Haltin' McGuinty.

Trying to find out what's going on in Ontario's ministries, departments and crown agencies is like trying to pry state secrets out of the Kremlin. (Come to think of it, doesn't Queen's Park look a bit like the Kremlin?)

Whatever the Ontario government is doing, especially where our tax dollars are involved, they don't want us to know about it. Here we see McGuinty, flanked by the Ministers of Tourism and Finance, in conference on allegations of wrongdoing at the Niagara Parks Commission. (See "Power to the people of Niagara" in Walt's blog of October 29th.)

Thanks to pressure exerted by Preserve Our Parks (of which Agent 3 is a member), Bob Gale (a former commissioner) and Bill Windsor (a would-be business partner), the three unwise monkeys were finally coerced, earlier this year, into appointing an "independent" firm of auditors -- KPMG -- to look into the allegations of mismanagement, nepotism, favouritism and corruption.

In July, KPMG submitted a draft report. On page 3 we find this disclaimer: This draft has been prepared and is intended solely for Ministry of Tourism's internal use...and may not be edited, distributed, published, made available or relied on by any other person without KPMG's express written permission.

Presumably "any other person" includes the taxpayers who have paid 1000s of dollars for the auditors' work. Certainly the Minister, Monique Smith, was adamant in refusing to provide copies of the report or any part of it to anyone. Yes, anyone...including the MPP for Niagara Falls, Kim Craitor, who asked for a copy only to be told it was confidential and he couldn't see it. And hey, Craitor sits on the same side of the house as Minister Smith!

So steamed was Kim that he threatened to make an official request under the FIPPA, Ontario's freedom of information law. While he fumed, investigative reporter Anthony Reinhart of the Globe and Mail actually made the request, and was rewarded with a heavily redacted [censored! ed.] version of the "draft" report.

Reinhart's story, "Probe uncovers ethical breaches at Niagara Parks Commission", includes links to the KPMG report as well as the Ontario government's internal auditors' report into the NPCs procurement procedures...or lack thereof.

The text of the KPMG report takes up 48 pages. Check it out and you'll see that no fewer than 14 pages have been crudely deleted, apparently with bits of white paper being stuck over the naughty bits. Two pages (34 and 48) are left entirely blank.

Whatever damning facts or recommendations could they contain? Hint: the censored parts often occur just before or after references to "the Chairman". That would be NPC Chairman Jim Williams, who had the gall to boast in an "interview" apparently dictated to the Niagara Falls Review's cub reporter that he had been exonerated by the KPMG audit.

Is that right, Jim? Then perhaps you could let us have a look at your copy of the KPMG report...the whole thing, that is, with the coverup post-it notes removed.

While we wait, we take a little comfort in being at least somewhat enlightened. Somewhat. Sort of. In a typical half-assed Ontario way. The public's right to know? In Ontario? LMAO.

Power to the people of Niagara Falls

The Niagara Parks Commission has been, for years and years, a notoriously secretive and arrogant agency of the Province of Ontario.

Governed by a law passed in the 19th century which has barely changed since, it is pretty well a law unto itself. Its members, although public officials, are sworn to secrecy and cannot divulge what goes on at its meetings to anyone, even the municipal councils whom some of them represent.

Their books are not open to the public. Audited accounts have not been published in a timely fashion. Management and business decisions have been made on the bases of cronyism, favouritism and, allegedly, corruption.

The allegations have been made by Bob Gale, a Niagara Falls businessman and former NPC member who resigned in disgust, and by Preserve Our Parks, a citizens' action group which has taken on the mission of lobbying for Niagara Parks to be managed in the best interests of all the residents of Niagara.

The most monstrous example of puck-nailed-to-the-stick decision-making was the NPC's decision to renew the lease contract for the famous Maid of the Mist, made in haste and secrecy in April 2008, more than a year before the current lease expired. A sweetheart deal was given to a company controlled by James Glynn, an American with close connections to prominent politicians -- both Liberal and Conservative -- and the supposedly independent Commission.

Under the new lease, the NPC would actually have received less revenue, over the course of the 25-year contract, than it does now. Who would have kept the rest of the money? Glynn, of course. Worse yet, NPC chairman Jim Williams kept hidden from the Commission the fact that at least two other boat tour operators had expressed interest in taking over the operation, providing more modern equipment, enhanced service and increased (and direly needed) revenue for NPC.

In the face of the hue and cry raised by Bob Gale, Preserve Our Parks and Bill Windsor (one of the would-be bidders for a new lease), Ontario's Integrity Commissioner launched an investigation. In her report, Lynn Morrison said she "could not find any evidence of wrongdoing" on the part of Commissioner Williams. It is rumoured that the Integrity Commissioner also has trouble finding a blackberry in her saucer of milk.

However, the Integrity Commissioner suggested that it might be in order for the NPC to "review" its decision to renew the lease with Glynn. This the NPC did. To no-one's surprise, the NPC found it had done nothing wrong, and recommended the same renewal, on the same terms, without any tender or competitive bidding!

Like King Balthasar (Daniel 5), the NPC would not read the handwriting on the wall!

In response, Preserve Our Parks and Messrs Gale and Windsor stepped up the pressure on Ontario Premier Dalton McGuinty and the feckless Minister of Tourism Monique Smith. (Ms Smith owes her position chiefly to being a pliable woman, appointed to pretty up the cabinet picture.) And, believe it or not, they won!

Yes, Minister Smith (not Chairman Williams) announced yesterday that the Niagara Parks Commission will at last solicit competing bids from companies interested in leasing the property needed to provide the Maid of the Mist tours.

"For once, the taxpayers have won. It's unbelievable," said Bob Gale. Click here to read his statement, published by OPSEU Local 217, the union representing NPC employees. The union has for years complained of the mismanagement and high-handed attitude of the Commission and its chairman, and has been very vocal in calling for reform of the NPC.

In effect, the Liberal government told NPC to get real! How could they just, for the sake of doing a favour for a friend, leave on the table nearly $100 million of potential income from a new boat tour operator, especially when NPC is running deeply in the red, as at present.

After the eHealth scandal, Premier Dalton McGuinty announced a new policy aimed at opening government-issued contracts to competitive bids more regularly. Why a new policy should have been required is a good question, but nevertheless...

"We think that this process aligns itself well with that," Smith said in an interview just hours after she recommended [really? it was her idea? ed.] cabinet not give its approval to the deal the NPC handed on a platter to Glynn's Maid of the Mist Steamboat Co.
"I think this is the appropriate course," Smith said. "It ensures all interested parties get the opportunity to submit proposals in a fair and open competition."

Parks commission chairman Jim Williams said his board will abide by the order. According to the Niagara Falls Review, Williams said, "As a dutiful agency of government, we are not our own masters. We work for the government. They're wanting an open, transparent process. We will certainly follow that recommendation." Snorts of derision were not recorded in the Review account.

Speaking for Preserve Our Parks, James Bannister said the group was encouraged that at last a proper and businesslike bidding process -- one that was called for by the government's rules -- would be followed. However, he cautioned, "the NPC is still badly in need of reform. The old boys club that tried to push through the sweetheart deal is still in charge of NPC. Preserve Our Parks won't rest until the rascals are thrown out!"