Province blocks details of cancelled airplane purchases

The New Brunswick government has rejected recommendations from the province's ombud to disclose secret information from a provincially owned company about cancelling a contract to buy new airplanes.

Steven Hansen, CEO OF Forest Protection Ltd.,wrote in January 2023 to an assistant deputy minister and to a J.D. Irving Ltd. vice-president that he was "disappointed" by something he had learned that morning from the Department of Natural Resources and Energy.

What exactly disappointed him was redacted from emails obtained by CBC News through a right-to-information request.

A preliminary analysis by the New Brunswick ombud's office after CBC complained about the redactions said some of the material was about an airplane purchase contract Forest Protection had signed "and how it could cancel it with the vendor."

Jason Limongelli, a J.D. Irving vice-president, flagged in a Feb. 7 email to the department that Forest Protection had been at a Nova Scotia forest industry meeting promoting a new airplane that would join its fleet in 2024.

"Seems like the marketing materials were already done," wrote Limongelli, the vice-president of the Forest Protection board at the time.

WATCH | The CBC's Jacques Poitras on ForestProtection's secrets:

Province wont reveal forest spraying companys secrets

25 days ago

Duration 2:07

Government rejects many recommendations by the ombud on releasing information from Forest Protection Ltd.

Forest Protection, which is co-owned by the province and several large forestry companies, was established in 1952 to spray the province's forests to fight spruce budworm. It also sprays herbicides, including glyphosate, and fights forest fires.

CBC News requested the documents through the province's Right to Information and Protection of Personal Privacy Act.

Forest Protectionrefused to process the request, arguing it was an independent company that wasn't subject to the legislation.

The Department of Natural Resources and Energy Development provided 99 pages of heavily redacted email exchanges with Forest Protectionbut withheld another 179 pages, according to an investigation by Ombud Marie-France Pelletier.

Following a CBC complaint to Pelletier, she recommended that some but not all of the withheld information be turned over.

The department complied in some cases, including the subject lines of emails, but rejected many of her other recommendations.

Besides the airplane contract, Pelletier's office said other redacted material was about human resources issues, including negotiations between Forest Protection and an employee.

Hansen left Forest Protection in June 2023, five months after telling Ward he was "disappointed" by the decision.

He says on his LinkedIn page he created "a modern, agile and capable corporation" and more than tripled revenue during his four years at the company.

Hansen turned down an interview request from CBC News.

Four senior provincial government officials, including the minister and deputy minister of Natural Resources, are part of the 11-member board ofForest Protection.

It is majority-owned by the New Brunswick government, with several large forestry companies also owning shares.

Pelletier's investigation into CBC's complaint called Forest Protection's status "a rather unique arrangement."

She noted it has been "treated as though it were a Crown corporation by the province" for decades,with its financial statements part of the government's public accounts.

But, she concluded, the company doesn't meet the definition of a "public body" under provincial law and is not subject to the Right to Information and Protection of Personal Privacy Act.

She said,however, because the province is "so intricately linked" to Forest Protection, it would "seem fitting" that the company be subject to the act.

Green Party Leader David Coon said the company'sstatus has been "a problem for decades" because it was set up "in this odd way" that gave the forest industry heavy influence over what he said is essentially a government operation.

"It needs to be made a full Crown corporation," Coon said.

"We don't want to be spend tax dollars in way that are not transparent, that we don't understand, that we can't get the information about."

'Very little meaningful information'

Pelletier's report says while some of the department's redactions were proper, others were questionable and left a reader "with very little meaningful information" and no way to understand why it was blocked or if the redactions could be appealed.

The department "failed to meet its duty to assist in responding to the request" and "did not meet the burden of proof to demonstrate that it properly refused access to all the withheld information," she wrote.

Despite Forest Protection's claim that it is an independent company, the exchanges indicate that, at least in this case, the province was directing its CEO about a key decision.

Chris Ward, the assistant deputy minister for forestry at the department and aForest Protectionboard member, emailed Hansen on Jan. 11, 2023, to say he "found out" something "late last night," the specifics of which are redacted.

"I expect we may have to move on this," Ward wrote.

Hansen responded: "While it is fair to say I am disappointed, I also understand that sometimes things come up that are beyond our control."

Hansen included Limongelli, the J.D. Irvingvice-president, on that response.

Over the next few days, Limongelli exchanged several emails with Ward, Hansen and the department's deputy minister, Tom MacFarlane, leading to a Forest Protection board meeting on Jan. 27.

On Jan. 23, he asked for information on the company's bylaws, and the next day he asked for its shareholder registry, a list of the company's owners.

"Lots of info attached here for you per your request and the background activity with Jason," Hansen wrote to Ward on Jan. 24.

On Jan. 30, there was an exchange of emails about a motion before the board.

"All votes have been received," MacFarlane said in a partly redacted email later that day, adding he would inform Hansen of the "direction."

On Feb. 7, Limongelli flagged Forest Protection'spromotion of its planes at the Nova Scotia industry meeting, including one called the "Air Tractor AT-802F Fireboss" that the company said was "arriving for the 2024 season."

The model is similar to planes already in the Forest Protectionfleet but ithas pontoons.

Email exchanges continued for another month, but given the heavy redactions it's impossible to discern anything more from the discussion.

Natural Resources and Energy Development Minister Ted Flemming did not make himself available for an interview with CBC News.

J.D. Irvingreferred a request for an interview with Limongelli to Forest Protection. Its CEO, Mike O'Blenis, did not return CBC's call.