Montague Township will hold off on signing a confidentiality agreement with ALTO, leaving the decision for the next council while it waits to see how Lanark County and other eastern Ontario municipalities deal with similar requests.
Montague council voted Sept. 15 to defer the matter after discussing the dilemma of gaining access to information about potential high-speed rail routes while being restricted from sharing that information publicly.
Municipal manager/treasurer/deputy clerk Allison Vereyken described it as a “catch-22.”
“If we don’t sign it, we don’t get the information,” Vereyken said. “If we sign it, we get information and are more involved, but it doesn’t mean that we’re in favour of it.”
Vereyken and Reeve Karen Jennings met with ALTO representatives July 29 at the company’s request. Vereyken told council ALTO raised the possibility of municipal staff signing a non-disclosure agreement, but she advised the organization the decision would have to come before council.
The township’s staff report says an agreement would allow municipal officials to exchange information with ALTO about planning priorities, growth, infrastructure and community considerations while receiving early, non-public information about the project. Staff noted similar requests were being made, or were expected to be made, to other Lanark County municipalities.
Council members stressed that considering an agreement should not be interpreted as support for an ALTO route through Montague.
Coun. Gerald Crabtree called the situation “a really uncomfortable position,” pointing to the difficulty of either remaining outside confidential discussions or receiving information council would be unable to share publicly.
Vereyken said the township has tried to keep residents informed about ALTO, including providing information with tax bills sent out this fall.
That creates another difficulty with signing an agreement, she said, because the municipality normally wants to share information with residents and seek their feedback.
“If we don’t sign it, we also have no say on the process,” Vereyken said.
Deputy Reeve Jeffrey Carroll said he wanted to see how neighbouring municipalities approach the issue and what emerges from discussions at Lanark County.
“We all want to be really in unison, working together,” Carroll said.
Coun. Trevor Johnson also supported waiting rather than potentially duplicating costs for legal advice being considered elsewhere.
“You don’t want to double up on your money,” Johnson said.
The decision comes as Lanark County considers its own confidential information sharing agreement with ALTO.
A report going to the county’s corporate services committee Sept. 16 recommends authorizing the warden and clerk to sign an agreement. According to the report, ALTO wants confidential discussions with county planning and public works staff as it assesses potential Ottawa-to-Toronto routes through Lanark County.
County staff could provide information about existing infrastructure, local plans and future development that could help inform the selection of a potential rail corridor.
The proposed Lanark County agreement would remain in effect for up to five years and could be terminated earlier only by written agreement of both parties. Confidentiality obligations for information that remains confidential could continue beyond the agreement’s termination.
The agreement defines confidential information broadly, including non-public technical, financial and business information as well as notes, working papers, studies and analyses derived from it. Elected officials may receive confidential information when required for the project, but are also subject to the confidentiality requirements.
Montague’s decision also follows an Aug. 13 resolution from the Eastern Ontario Wardens’ Caucus calling for decisions or meetings involving ALTO or confidential information sharing agreements to be deferred until after Ontario’s Oct. 26 municipal election.
The EOWC, representing 103 municipalities, also called for the creation of a Municipal Advisory Table involving affected municipalities, First Nations, legal experts, the Association of Municipalities of Ontario, the Federation of Canadian Municipalities and ALTO.
The caucus said costs associated with the proposed table should be borne by the federal government.
Montague council ultimately voted to defer its decision until the next council takes office.
The municipal election is Oct. 26.
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