RM of BAILDON – Rural councillor Jerry Kaiser raised concerns about two properties with excessive junk vehicles, which prompted a legal and privacy dispute with the Rural Municipality (RM) of Baildon.
Kaiser, representing Division 5, sought more information from the RM office, but after facing resistance, he enlisted the help of Saskatchewan’s privacy commissioner.
On Nov. 13, 2023, Kaiser filed a freedom of information request with the RM office. He sought legal materials about a complaint he had made, challenging the council’s refusal to enforce zoning bylaw section 4.7(a)(b)(c), which limits the number of junk vehicles allowed on properties.
Additionally, he requested information about the bylaw committee’s decision to issue discretionary use permits to two residents to have more vehicles than typically allowed.
The RM responded by withholding legal fee invoices and services, citing provisions under the Local Authority Freedom of Information Act (LAFOIP). However, they offered to provide bylaw committee meeting reports at a future council meeting.
Dissatisfied with this, Kaiser escalated the matter by filing a request for review with the Office of the Saskatchewan Information and Privacy Commissioner (OSIPC) in December 2023.
The OSIPC notified both parties of the review in February 2024, requesting submissions on the application of LAFOIP sections and the adequacy of the RM’s record search. The RM revealed that it had withheld 302 pages of documents, offering only 38 other records and two duplicates for release.
Ronald Kruzeniski, the privacy commissioner, was tasked with determining whether the RM should release the remaining 298 pages.
In a recent 53-page decision, Kruzeniski concluded that:
- The RM had not conducted a reasonable search for records
- The RM did not comply with section 10 of LAFOIP
- Withholding certain pages was deemed “absurd”
The RM had improperly applied certain subsections of LAFOIP, including subsections 21(b) and 14(1)(b), while subsection 28(1) did apply to eight pages of emails, he said.
Kruzeniski recommended that the RM:
- Ensure contracts with third parties include provisions for privacy, confidentiality, and personal information security
- Conduct further searches for relevant records
- Release or withhold information according to the review report’s appendix
Following the decision, the RM’s legal counsel, Lauren Wihak of McDougall Gauley LLP, responded with a four-page letter. Wihak emphasized that the commissioner’s recommendations were not legally binding and highlighted that the Court of King’s Bench had made it clear that the privacy commissioner does not have the final say on the interpretation of LAFOIP.
The RM argued that Kruzeniski had misunderstood the broader context of the dispute between Kaiser and the municipality. Complying with the recommendations, Wihak warned, could harm the RM’s position in anticipated future legal proceedings. While the RM was willing to release some materials, it remained firm in withholding other documents.
Kaiser, undeterred by the RM’s stance, provided MooseJawToday.com with 12 pages of documents he received, including Wihak’s letter, several fully redacted emails, a page discussing the bylaw committee’s decisions, and notes from a provincial environmental protection officer reviewing his complaints.
One of the properties in question is an auto wrecking yard with over 500 vehicles, well above the three to 10 vehicles allowed by the zoning bylaw in certain districts. The second property is used for restoring private cars.
Kaiser expressed appreciation for the privacy commissioner’s efforts in compelling the RM to release some documents, although he was frustrated that the RM had allegedly spent $60,000 on legal fees to keep much of the information secret.
“It’s as if they’re nuclear scientists keeping this from spies. I can’t figure out why they would spend $60,000 to keep this innocuous information from the taxpayers,” Kaiser remarked.
Looking ahead, Kaiser plans to run for RM reeve in the upcoming municipal election, with a commitment to continuing his push for transparency and addressing the issue of junk vehicles in the community.
RM’s response
In an email to MooseJawToday.com, Wihak summarized the situation involving Kaiser’s requests, the privacy commissioner’s decision and the recommendations Baildon was and was not willing to follow.
“Many of the documents Coun. Kaiser sought were already in his possession or involved information for which he is adverse in interest to Baildon and is protected by privilege,” she said.
“Coun. Kaiser was dissatisfied with the position taken by Baildon, and sought a review to the privacy commissioner, as (was) his right.”
Wihak added that it cost Baildon roughly $31,000 in legal fees to respond to Kaiser’s request and the privacy commissioner’s review.
