Jack Danylchuk
Northern News Services

Yellowknife (June 27/05) - The territorial government has rejected the information and the privacy commissioner's recommendation that it name companies that borrowed millions of dollars from the NWT Business Credit Corporation.

But instead of challenging the commissioner's recommendation in court, the government is asking borrowers if they will agree to have their identities made public.

The review will be complete by the end of summer, Investment Minister Brendan Bell said, "then we have to make a decision on whether to release some or all" of the names.

News/North, which asked the Information and Privacy Commissioner to rule on the Credit Corporation's refusal to identify its clients, contends the public has a right to know the identities of all persons and companies that receive tax dollars.

"We accept the commissioner's ruling that the details of the loans remain confidential," said Bruce Valpy, News/North managing editor.

"But we reject the government's contention that the names of companies receiving public money can be kept secret."

Information Commissioner Elaine Keenan Bengts called the government's move "a little bit disingenuous."

"They didn't suggest there was a problem when we were going through this," Keenan Bengts said, "so I think it's a little bit disingenuous of them to be backtracking at this point."

At issue is a section of the Access to Information and Privacy Act that prohibits a public body from disclosing financial assistance by a proscribed corporation.

"We were erroneous in the first place and that led to a review of the wrong section of the Act," Bell said Thursday.

"We led her down the wrong path, now we're trying to make it right."

Keenan Bengts said the government is using the technicality "to get out of it. I can't do anything once I've made my recommendations. The only option is to take it to court."

According to its annual report for 2003, the NWT Business Credit Corp. had loaned $38 million. Of that, $9.6 million was past due and $397,000 had been written off.

The corporation has been rolled into a new entity, the NWT Business Development and Investment Corp. Bell said the new company will make it clear to borrowers that information on their loans will be public. "People will have to sign disclosure waivers. In past legislation we gave people the assurance that this wouldn't be released."