EDMONTON

The hum of shredders went silent at the Alberta Legislature after Premier-designate Rachel Notley ordered shredding to stop on Wednesday afternoon.

Notley sent the order to Deputy Minister for Executive Council Richard Dicerni on Wednesday following reports that the Environment and Sustainable Resource Development (ESRD) ministry -- currently under investigation for improper destruction of documents -- was continuing to run the shredders, according to spokeswoman for the Premier-elect Cheryl Oates.

The order came hours after Jill Clayton, the Information and Privacy Commissioner, and Peter Hourihan, the Public Interest Commissioner, opened the joint investigation into the alleged improper destruction of records by ESRD, the ministry headed up by outgoing PC MLA Kyle Fawcett.

Last week, fears that important documents were being destroyed by outgoing Alberta government officials had Alberta Party MLA Greg Clark seeking to halt potential illegal shredding.

On Wednesday, Clayton and Hourihan said an anonymous whistleblower led them to launch the investigation on Tuesday. Clayton received correspondence from two sources, while an investigator from Hourihan's office received a call.

"It is encouraging that someone saw something wrong and took their concerns to both our offices," Hourihan said.

In the wake of the May 5 provincial election that saw the NDP sweep power away from the 44-year PC dynasty, large bags of shredded documents have appeared outside the doors of government department offices.

Under provincial law, it's illegal to destroy cabinet or departmental information, while constituency records and personal documentation are exempt.

Clayton, encouraging others to come forward if they have similar concerns, wants to find out if one person or a group of people were involved in any improper document shredding. She also wants to learn how document retention rules were communicated to staff. "

Both commissioners have the authority to compel the production of electronic records that may have been backed up on a server.

If there was an attempt to circumvent laws, fines are possible.

Hourihan warned people not to go after whisleblowers. That carries a fine of $25,000 for the first offence and up to $100,000 for subsequent offences.

"I would be remiss if I didn't take this opportunity to warn people in the private sector against levelling a reprisal against these individuals," Hourihan said.

The same penalties apply to anyone who withheld information or made a false or misleading statement, or encouraged another person to do so.

The deputy minister of the ESRD has invited the privacy commissioner to the office in response to the investigation.

Regardless of the outcome of the investigation, the commissioners will release a public report.

Clayton said the investigation may serve to "educate government departments" and to reassure the public.

"The fact that we are investigating might serve to encourage others who have evidence to come forward and also to address their concerns," Clayton said.

But Wildrose Leader Brian Jean said the shredding probe may be too late and he added that he heard from several people they received instructions to shred everything.

"There's just been a blanket statement saying 'shred this' and obviously some things are appropriate to shred and some things aren't," Jean said. "The paperwork itself belongs to the people of Alberta."

Clark says he is working on a request for a forensic audit of information destruction from the Auditor General.

catherine.griwkowsky@sunmedia.ca

@SunGriwkowskyC

Shredding probe facts:

﻿* Under section 53(1)(a) of the Freedom of Information and Protection of Privacy Act (FOIP Act), the Information and Privacy Commissioner has the authority to ensure compliance with rules relating to the destruction of records.

* Under section 18 of the Public Interest Disclosure (Whistleblower Protection) Act (PIDA), the Public Interest Commissioner has the authority to investigate a disclosure of wrongdoing.

The investigation will examine whether:

* ESRD destroyed records in compliance with rules relating to the destruction of records.

* ESRD made reasonable security arrangements to protect against unauthorized destruction of records in compliance with section 38 of the FOIP Act.

* Any person willfully altered, falsified or concealed any record, or directed another person to do so, with the intent to evade a request for access to the record in contravention of section 92(1)(e) of the FOIP Act.

* Any government employee contravened rules surrounding the disposal or removal of documents during or following the current transition of government in contravention of section 3(1) of PIDA.

The investigation may be expanded to include other government departments, if necessary.

Upon conclusion of the investigation, an investigation report with findings and recommendations will be made public.