'The NDA no longer applies': Councillors question what they can say about Wilmot land deal

Region of Waterloo councillors say they need clarity on what they can and cannot say in public about the plan to purchase farmland in Waterloo region.

In the council meeting Wednesday night, councillors voted 13-1 to defer a motion to accept a staff report about a crop of feed corn that was plowed under in July on land purchased by the region in order to wait for more information from both the region's legal department and staff.

From the legal department, some members said they wanted to better understand what they're allowed to say because councillors said Wednesday night they're restrictedby a non-disclosure agreement (NDA).

From staff, they wanted more details about steps taken before the corn was plowed under, including which companies were contacted to see if the corn could be used for other purposes and more financial information.

Coun. Rob Deutschmann said the staff report was "lacking in detail" and felt it was more of a draft copy and not a completed report.

He then said he felt like regional council should be able to get more answers in open session rather than behind closed doors because Kitchener-Conestoga MPP and Minister of Red Tape Reduction Mike Harris as well as Minister of Economic Development, Job Creation and Trade Vic Fedeli confirmed in August that the province was funding the land purchase.

Deutschmann said the two ministers speaking publicly on the issue should mean any non-disclosure agreement with the province "has been blown up."

"The NDA no longer applies and we're not subject to that," Deutschmann argued.

The region's senior solicitor, Fiona McCrea, told councillors they were still subject to the non-disclosure agreement.

Region wants land for future industrial use

In March, 12 landowners of six farmland properties and six residential properties were told the Region of Waterloo wanted to purchase their land. Landowners have said they were told if they did not sell, their land could be expropriated.

The region has said the land is not being earmarked for any particular project, but would be for future industrial use.

The plan has been praised by some local business leaders but criticized by some of the landowners, their supporters and politicians, including Ontario NDP Leader Marit Stiles.

Back in July, the region said it had purchased nearly a third of the sought land and on-site technical analysis would soon begin. That same month, the region was criticized after it plowed under 160 acres (nearly 65 hectares) of immature feed corn in order to do testing on the site.

The region has since said it looked at ways to save the crop, but there were no options to do so and the deadlines the region needed to meet as part of "the due diligence process" needed to be completed to an undisclosed deadline.

In August, when they confirmed the province was funding the land acquisition, Harris and Fedeli also criticized the region, saying there had been a "lack of transparency" by the region.

At the time, Region of Waterloo Chair Karen Redman said those comments "surprised" and "confused" her because "from the very beginning of this project, we worked in lockstep with the province."

Councillor saysthey have 'one hand tied behind our backs'

On Wednesday night, Coun. Doug Craig said council and staff have been "handcuffed" when it comes to talking about the project.

"I certainly take the greatest exception to MPP Michael Harris, for accusing us of not being transparent," Craig said.

"We're sitting here with one hand tied behind our backs where we can't get to the bottom and explain to people what's transpired here."

North Dumfries Mayor and regional Coun. Sue Foxton spoke to people who attended the meeting on behalf of landowners and advocates who do not want to see the region buy the land and apologized for how the process has gone.

"I am sorry for the way this whole thing has played out," Foxton said.

"It should have never come to this. And I think my colleagues feel exactly the same way, although we have this arbitrary non-disclosure agreement over our heads, but we're not really sure we do have it. But I want you to know you matter."

The report about the plowing under of the corn is now set to return to council at the meeting on Oct. 23, although staff indicated some of the details will still need to be provided to councillors in closed session.