Paradise town council has released the identity of the company behind a pot production plant proposal, weeks after saying provincial privacy laws required that information to be kept confidential.

The decision comes in the wake of a recent series of other transparency-related issues in the town. But Paradise officials say they are working to be more open.

It's a fine-line balance being open and transparent as well as protecting people's privacy. So we'll always be cognizant of that. - Lisa Niblock

"It's a fine-line balance, being open and transparent, as well as protecting people's privacy," Paradise chief administrative officer Lisa Niblock told CBC News.

"So we'll always be cognizant of that. Whatever we can release, we will."

Niblock said the current policy is to steer requests through the formal access-to-information process if there is any doubt.

"We do that so we can always err on the side of caution, so we're not giving out any information that is considered private," Niblock said.

She acknowledged that can be a cumbersome process, but said Paradise council is working to put more public documents online.

Numbered company behind plan

In March, CBC News reported that an unnamed party had applied for approval to operate a medical marijuana production facility at 1956 Topsail Rd.

At the time, town council declined to identify the company behind the plan, or provide a copy of the application. It cited the Access to Information and Protection of Privacy Act in making that decision.

But when CBC News filed a formal ATIPPA request for that same information, it was released.

The proponent of the pot plant plan is a numbered company that shares a director with Pinehill Holdings, the firm that bought the property last year. That director, Shaun White, has not responded to messages from CBC News.

Workers can be seen on the roof of a building at 1956 Topsail Rd. in Paradise on March 13. Paradise town council is considering an application to operate a medical marijuana production facility there. (Rob Antle/CBC)

The numbered company, 80699 Newfoundland and Labrador Inc., expects to spend $500,000 on construction work, with a view to producing cannabis under Health Canada's medical marijuana program.

Health Canada has yet to approve any licence for that purpose in Newfoundland and Labrador to date, and doesn't comment on the status of any pending applications.

According to Niblock, 80699 Newfoundland and Labrador will have to hold a public information session, as part of the municipal approval process. That hasn't happened yet.

Recent transparency issues

This is the latest in a series of recent transparency-related skirmishes involving the Paradise town council.

In January, the province's open-records watchdog rebuked council for destroying records after someone asked for them under access-to-information laws.

And last month, council rejected a separate report by the privacy commissioner and headed to Supreme Court over the use of dozens of surveillance cameras by the town.

Given all that, when asked if she was concerned that Paradise could be tagged as too secretive, Niblock said, "I'm always worried about the town's reputation, and how residents view the town."

But she stressed that officials are "working diligently to get the information out there," as the number of formal access-to-information requests increase — from eight in 2015, to 26 in 2017, and on pace to nearly double again in 2018.

Niblock said more public records will be proactively made available online.

ATIPPA is 'last resort,' commissioner says

Information and privacy commissioner Donovan Molloy says, in general terms, the Municipalities Act outlines what can be released proactively, and automatically.

That includes everything from municipal plans to opened public tenders, to financial statements and auditor's reports, to contracts, orders and permits.

Donovan Molloy is Newfoundland and Labrador's information and privacy commissioner. (Submitted photo)

"The ATIPP Act itself should be the last resort for anyone seeking access to information," Molloy said in an interview.

Molloy said he understands the need for caution when privacy interests are at play.

But he indicated that some requests can end up going through a formal process when that's not necessary.

He said there is training available to help municipal officials.

Molloy noted there has been a 200-plus per cent increase in requests since the law came into effect.

He said steering all inquiries through the formal process could potentially put the system at risk of being "crushed under its own weight."