Priti was concerned about how the Ministry of Forests (the ministry) responded to contraventions of the Water Sustainability Act by her neighbour. Priti told us that her neighbour had damaged the waterway and surrounding area while undertaking some renovations. The damage flooded Priti’s property, caused silt to appear in her drinking water, and impacted her water for irrigation.

Our investigation focused on whether the ministry followed a fair process in its response to Priti’s complaint, including its investigation into the matter.

During our investigation, we learned that the ministry did not follow through on its enforcement plan for the area that included remediation and restoration by Priti’s neighbour. The ministry had not visited the damaged area since its initial visit and was under the impression that restoration was taking place based on conversation with Priti’s neighbour. Based on the records we reviewed and conversations with the ministry, we were concerned about contradictions between Priti’s and her neighbour’s stories, and that the ministry had preferred the neighbour’s account despite not verifying whether restoration had taken place.

To settle the complaint, we recommended that the ministry revisit the site to perform an inspection and to follow up with any enforcement actions needed. We also asked it to clearly communicate to Priti about its decisions in writing. The ministry agreed and subsequently returned to the site and confirmed Priti’s account – her neighbour had not started the restoration work. The ministry agreed to take steps to ensure the work was done and to keep Priti informed.