The former Ford government staffer at the centre of the Greenbelt scandal must give up any Greenbelt-related emails sent to or from his personal account, according to Ontario鈥檚 information and privacy watchdog.
If he doesn鈥檛, Ryan Amato could be called to explain himself under oath.
This direction comes in a recent decision by the Information and Privacy Commissioner of Ontario (IPC), which ruled in favour of an appeal by the 海角社区官网Star regarding access to Greenbelt-related emails sent to or from Amato鈥檚 personal Gmail account in the fall of 2022, when he was chief of staff to former housing minister Steve Clark.
Amato and Clark聽resigned the following year in the wake of scathing reports by the Auditor General and Integrity Commissioner. Both reports condemned the province鈥檚 plans to open the Greenbelt for housing development as a haphazard process that favoured a small group of developers with access to the government.
After the reports and amid mounting criticism, Premier Doug Ford apologized and canceled the proposed changes. His government鈥檚 handling of the matter remains under RCMP investigation.
In her report, former auditor general Bonnie Lysyk denounced political staffers鈥 use of personal emails to conduct Greenbelt business, writing it 鈥渃reates the perception of preferential access.鈥
In August 2023, the Star filed a freedom of information (FOI) request for Amato鈥檚 personal emails related to the Greenbelt.
Ryan Amato, former chief of staff to Ontario’s minister of housing.
LinkedIn.comThe Ministry of Municipal Affairs and Housing responded by providing the Star with emails Amato had forwarded from his personal to his government account, saying they were the only records within their control. The Star then appealed to the IPC.
Amato, who did not respond to questions for this story, used his personal email in at least three interactions with lobbyists or a fellow government staffer regarding changes to the Greenbelt. These emails are only known about because they were forwarded to Amato鈥檚 or another political staffer鈥檚 government account. It鈥檚 not known how many other times Amato used his personal email to discuss Greenbelt matters.
Lawyers for Amato provided a brief submission to the IPC in response to the Star鈥檚 appeal, describing the Star鈥檚 contention that additional records exist as 鈥渕erely speculation.鈥
Ruling in the Star鈥檚 favour, IPC adjudicator Katherine Ball ordered the ministry to 鈥渁ssert control鈥 over Amato鈥檚 Greenbelt-related personal emails and direct him to provide any such emails.
Ball wrote that she was 鈥渘ot persuaded鈥 by the ministry鈥檚 arguments that there is little it can do to compel former employees to cooperate with records requests.
鈥淚 do not agree with the ministry鈥檚 submission that [Amato鈥檚] refusal to produce records, coupled with the ministry鈥檚 purported inability to compel production, lead to the conclusion that a senior official at the ministry could not reasonably expect to obtain copies upon request.鈥
Ball wrote that the ministry is ultimately responsible for ensuring employees comply with government rules and procedures around record retention and the use of personal email to conduct government business.
Former politician denies he lobbied to get developer鈥檚 land removed from Greenbelt.
Former politician denies he lobbied to get developer鈥檚 land removed from Greenbelt.
In its submissions to the IPC, the ministry said it had asked Amato for any Greenbelt-related emails in his personal account and that he had twice refused. However, Ball noted that in its correspondence with Amato the ministry did not 鈥渆xpressly assert its control鈥 over his personal emails related to government business.
Ball found that Amato provided 鈥渘o cogent explanation for not cooperating with the ministry鈥檚 request.鈥 She wrote that Amato had also declined to assist her. In her decision, she pointedly warned that it鈥檚 within the IPC鈥檚 power to 鈥渟ummon and examine on oath any individual who may have information relating to an inquiry.鈥
A ministry spokesperson said they would comply with the adjudicator鈥檚 order and write to Amato to pursue 鈥渁ny emails relevant to this matter.鈥
The ministry must send this written direction to Amato by May 21. Amato would then have until June 11 to provide either the emails or an affidavit attesting that none exist.
