‘Let’s close this request’: FOI docs show PC political staffer tried to prevent information on toxic GM site from being released

A staff member working for the provincial environment minister appears to be responsible for blocking critical information about the toxic former General Motors property in St. Catharines from being released to the public, including details about a filtration system meant to prevent toxic chemicals from leaking off the site.

Documents obtained by The Pointer under a freedom of information request show the interference by the political staffer. 

As reported by The Pointer, officials at both the Ministry of the Environment, Conservation and Parks (MECP) and the City of St. Catharines have known since at least October 28 that the system—installed at the direction of the MECP—was not functioning. Neither organization provided any updates to nearby residents about the system being offline, what level of testing is being done to ensure contaminants are not once again leaking into nearby storm sewers, or when the system would be functional again. 

The filtration system was installed less than two years ago on the contaminated 55-acre site (which is blocks away from the city centre) under MECP direction. It was designed to capture PCBs, a toxic chemical left behind from previous industrial uses, before they could pose a threat to the environment or human health. The only communication received by the public from officials is a letter from Environment Minister Todd McCarthy—written after multiple requests from local MPPs—that refers to a “potential investigation” and acknowledges that untreated stormwater is being collected and openly stored on-site, but not filtered as intended. 

Recent internal emails obtained by The Pointer indicate that the failure to properly address questions about the critical filtration system was not a bureaucratic oversight, but a deliberate decision, directed by a political staffer, not a member of the bureaucratic staff who has the policy and subject matter expertise.

Political staff are not supposed to interfere with the policy work and accountability responsibilities that bureaucrats who serve the public, not elected officials, are expected to uphold. 

Shortly after discovering in the fall that demolition permits had been revoked earlier in the year and liens were placed on the property in excess of $2 million, The Pointer reached out to the environment ministry with a series of questions. 

Initial queries were sent to the ministry on September 26, seeking information on how many inspections had been conducted since the filtration system was installed, what those inspections revealed, whether the system remains operational and how frequently it is monitored.

Three days later, the ministry responded, requesting an extension to the deadline that had been requested, explaining that they were “looking into this and would need a bit more time”. The Pointer agreed to the deadline extension, expecting to receive answers to the questions. 

The revised deadline passed without any response, and repeated follow-ups from The Pointer went unanswered. With no further communication, The Pointer published the initial article highlighting the apparent disconnection of the filtration system, and subsequently advised the ministry that further inquiries and follow-up reporting were planned.

Over the next two weeks, The Pointer left voicemails and sent repeated emails requesting the status of the system and when responses from the ministry could be expected. On October 17, 22 days after the initial inquiry and following at least half-a-dozen separate follow-ups, a ministry spokesperson sent a single, one-sentence email acknowledging receipt of the requests: “Hi Ed, confirming that I have received your voicemail and email.” No further information was provided, and no additional communication followed.

To better understand the reason behind the ministry’s silence, The Pointer filed a freedom of information request seeking internal communications to determine what communication was happening behind the scenes in reaction to the questions. 

The records reveal that initially MECP staff engaged in discussions to decide who should respond and proposed possible answers: the discussions included up to nine individuals at various points.  This initial dialogue continued for the first few days after the first request in late September. 

On October 2, Alexandru Cioban, the Deputy Director of Issues Management, Legislative Affairs, and Press Secretary for the Office of the Minister, sent a five-word email to all staff involved.

“Let’s close this request — thanks!”

Following this directive, internal email discussion ceased, according to the documents provided under the FOI request. Subsequent emails from The Pointer were immediately re-routed directly to Cioban, with notes from ministry staff that read:

• “Hi Alexandru — the reporter has followed up again. See attached email.”
• Hi Alexandru — the reporter has followed up. Please let us know how you’d like us to proceed.”

The FOI records contain no further guidance from Cioban, and there is no indication from the provided records that he responded to any of these staff requests. 

It’s unclear why Cioban was involved in this communication process. He did not respond to a request for comment. 

Pipes disconnected from a filtration system on the former GM property meant to prevent toxic chemicals from leaving the site.

(Submitted)

The questions sent by The Pointer could easily be handled by ministry staff and were not political in nature. Technical staff within the Ministry appear to have been actively preparing responses, while simultaneously being overseen by the political communications arm of the Minister’s office. At some point, and for reasons never disclosed, a decision was made to halt that process and provide no response at all. 

The inoperable filtration system is only the latest of numerous significant developments at the former GM site that have gone uncommunicated to residents by both the City of St. Catharines and the provincial government. Under normal circumstances, the financial details of large liens against a property might be of limited public interest. But when those liens are directly connected to the operation of a system specifically designed to protect public health, and when that system is offline, the information is of obvious public interest.

How long has the filtration system been down? Was it taken offline when Peter’s Environmental, the company which installed it, filed the lien in February? Has the system been non-operational since then? 

The on-site collection pond continues to accumulate toxic water that is no longer being treated as intended. Does that increase environmental or human health risks? 

What actions, if any, are the MECP and the City taking in response? 

City officials have adopted a largely complacent approach to the mounting issues at the former GM site. Mayor Mat Siscoe, councillors and senior staff have chosen not to pursue solutions, opting instead to defer responsibility to the provincial government, despite the City’s own policies and regulatory tools, which provide clear authority to compel action at the site.

The fact that the filtration system was not operating, and that untreated contaminated water continues to accumulate on-site and that an investigation is underway, is information that has been confirmed only through the work of media and two local NDP MPPs. 

Numerous public safety issues have surfaced not through transparent government communication, but through continued public pressure for answers to questions.

The release of information by the environment ministry regarding the former GM site has been a challenge for years. Freedom of Information requests have taken years to process, and publicly scheduled meetings have been cancelled, further limiting access to information for residents who have for years demanded answers. In one notable instance, MECP staff notified the City, just over 24 hours before a scheduled public meeting, that they would not be attending, a cancellation that former mayor Walter Sendzik described at the time as “incredibly disappointing and frustrating” and “unacceptable.” Following pressure from the public and City officials, the presentation was eventually rescheduled for December 5, 2022, more than two months after the original date.

For residents, the priority has consistently been transparency and timely access to information about environmental and public health risks. The PC government appears to be actively preventing the release of such information.

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