The findings of an investigation into the Brendel land deal, a transfer of about 2,200 acres of land from a family-owned farm to a corporation linked to the Irving family, will likely not be released publicly for weeks.
Staff of P.E.I.’s information and privacy commissioner has confirmed the office will be examining the findings of the investigation, conducted by the Island Regulatory and Appeals Commission (IRAC), to determine whether its release would comply with existing privacy legislation.
Maria MacDonald, an adjudicator at the Office of the Information and Privacy Commissioner, confirmed P.E.I.’s agriculture minister has reached out to the office seeking advice.
"Our short-term plan is to review them, see if we need any more information and then come up with advice or recommendations," MacDonald said of the details of the investigation.
Section 14 and 15 of P.E.I.’s Freedom of Information and Protection of Privacy Act provides for “mandatory exceptions” to the release of information of individuals and businesses.
For a business, these exceptions could include information that would reveal trade secrets or could result in financial loss or harm to its competitive position.
For an individual, these exceptions could be deemed an unreasonable invasion of privacy if they include information such as details listed on a tax return, bank account or credit card information or details about an individual’s ethnic origin, political beliefs or employment history.
It is unclear how long it will take for staff within the Office of the Information and Privacy Commissioner to review the investigation into the land deal. MacDonald suggested this could take weeks.
Last week, Agriculture Minister Bloyce Thompson announced the investigation had been completed and that there were “reasonable and probable grounds” that two individuals and one corporation contravened the Lands Protection Act.
Thompson did not name the individuals or corporation involved. He did say one or more of the parties acquired land in excess of the limits restricting land ownership under the LPA.
On Friday, an emailed statement from the Department of Agriculture and Land said the minister would consult with the privacy commissioner about publicly releasing more details.
“This report contains information about a number of individuals,” read a statement from the department. “The minister has written to the privacy commissioner in order to seek guidance on how to best release this report while respecting freedom of information and protection of privacy.”
The LPA restricts allowable land ownership of individuals to 1,000 acres and 3,000 acres for corporations. Exceptions for non-arable and leased land could allow individuals to own up to 1,900 acres and corporations to own up to 5,700 acres.
The Brendel land deal occurred without the approval of cabinet, normally required under the Lands Protection Act.
The 2,200 acres of land were transferred from Brendel Farms, a farm owned by the Gardiner family, to Haslemere Farms Ltd. on June 27, 2019. Haslemere Farms Ltd. initially listed members of the Gardiner family as directors.
By July 12, 2019, Haslemere listed Rebecca Irving as its sole director. Rebecca is the daughter of Mary Jean Irving, who was also listed as a director of Indian River Farms.
Haslemere Farms Ltd. later changed its name to Red Fox Acres Ltd.
In March of 2019, the sale of the same 2,200 acres to three farming corporations, including Indian River Farms, was denied by the cabinet of the previous Liberal government.
