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Resolutions

REJECTED — Municipal Contracts

Year: 2017

Resolution

Whereas the Privacy Commissioner for Saskatchewan recently recommended in a final report to the Town of Kindersley that all municipal contracts be made available to the public, potentially including the posting of contracts to the town website; and

Whereas Section 117 of The Municipalities Act speaks only to making copies of contracts available upon request, and subject to a fee;

Therefore be it resolved that the SUMA seek clarification from the Minister of Government Relations as to whether it is the Government of Saskatchewan’s intention, via legislation, for municipalities to make all municipal contracts and agreements, fully and un-redacted as recommended by the Privacy Commissioner, available to the general public; or whether The Local Authority Freedom of Information and Privacy Regulations also apply to municipal contracts and agreements.

Background:

Ronald J. Kruzeniski, Q.C., in his capacity as the Commissioner of the Office of the Information and Privacy Commissioner for Saskatchewan recently recommended to the Town of Kindersley in Final Reports 147-2016, 151-2016, 153-2016, and 154-2016 that “the Town make contracts approved by council available to citizens pursuant to subsection 117(1)(a) of The Municipalities Act. This may include making the contracts available on its website.”; and

Whereas section 117 of The Municipalities Act contains the following:

Inspection of municipal documents
117(1) Any person is entitled at any time during regular business hours to inspect and obtain copies of:
     (a) any contract approved by the council, any bylaw or resolution and any account paid by the council relating to the municipality;
     (b) the statements maintained by the administrator in accordance with section 142 and the debentures register;
          (b.01) the official oaths or affirmations taken by members of council pursuant to section 94;
          (b.1) the municipality’s financial statements prepared in accordance with section 185 and auditor’s report prepared in accordance with subsection 189(1);
     (c) any report of any consultant engaged by or of any employee of the municipality, or of any committee or other body established by a council, after the report has been submitted to the council, except any opinion or report of a lawyer; and
     (d) the minutes of the council after they have been approved by the council.
(2) Within a reasonable time after receiving a request, the administrator shall furnish the copies requested on payment of any fee that the council may fix.
(3) For the purposes of subsection (2), the fee set by council must not exceed the reasonable costs incurred by the municipality in furnishing the copies.
2005, c.M-36.1, s.117; 2006, c.7, s.9; 2015, c.30, s.3-8.”;
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