“This is not optional”

The agreement was executed on Friday, July 10, between the City of Kingston and ALTO, the Crown corporation developing the corridor. ALTO’s account of why is straightforward and, in its own terms, reasonable: planning work is not final; early concepts, technical analysis and emerging ideas are still being refined; and sharing preliminary material without its full context could give the impression that decisions have already been made. Confidentiality agreements, the corporation says, are used widely in the infrastructure industry and structure these discussions so that evolving information can be shared. Whig-Standard

The Mayor’s defence follows the same line. Such agreements are common in major infrastructure planning; they allow technical information to be shared so that municipalities can provide informed input; the agreement is not an endorsement of any particular route or station location; and the City remains committed to transparency and will share information publicly when it is able to.

Set against that framing, the City spokesperson’s own words do a great deal of work. The agreement applies to all city staff and councillors who receive technical information from ALTO. It was required in order for the City to receive any technical information at all. And it was not optional.

This is the distinction the British record turns on, and it is worth being precise about it. The objection is not that confidential material was shared confidentially. It is that information was withheld until silence was promised — that access to the facts was made conditional on a commitment not to use them. That is not a description of HS2. It is now, on the City’s own account, a description of Kingston.

Access conditioned on silence

In Britain, councils were not handed material and then asked to protect the commercially sensitive parts of it. They were told they could see nothing at all unless they signed first. Many were required to sign before they could engage with HS2 Ltd on the questions that mattered most locally — where stations might go, how they would be designed, and which route the promoter preferred. Warwickshire County Council could not receive early design updates until it had signed. New Civil Engineer Warwickshire World

The council does not become better informed in any way it can act upon. It becomes better informed and simultaneously disabled from using the information in the one forum where a council is supposed to act: in public, on the record, in front of the residents whose homes and farms lie in the corridor.

That is the general case. In Kingston it now has a specific and uncomfortable form. Because the agreement binds councillors rather than officers alone, a member of Council who is briefed on the alignment cannot discuss what they have learned with the constituent whose property it crosses. The representative becomes an insider. Whatever else the agreement achieves, it removes from thirteen elected people the ability to do the thing they were elected to do.

Four agreements became three hundred and thirty-nine

Freedom of Information disclosures eventually forced HS2 Ltd to reveal how far the practice had spread. The progression was four agreements in 2012–13, ten in 2014, twenty-seven in 2015, thirty-four in 2016, seventy-one in 2017, and one hundred and twelve in 2018. New Civil Engineer

HS2 Ltd then resisted disclosing who had signed for eighteen months, releasing the list of 253 organisations only after the Information Commissioner intervened. A further thirty-eight agreements with individuals were never named. By the end, the signatories included dozens of councils, the Health and Safety Executive, the National Trust, Historic England, and five universities.

The circle of people who could speak freely about a public project — funded by the public, running through the public’s communities — had been drawn so tightly that a supporter of the scheme in the House of Lords was moved to ask what, exactly, all these organisations had to hide.

Twenty-six of twenty-eight had no end date

Of the twenty-eight English local authorities identified, the Town and Country Planning Association found that twenty-six had agreements with no end date. New Civil Engineer

No sunset clause. No automatic release on publication of the environmental assessment. No expiry when the route was confirmed and the commercial sensitivity had evaporated. Silence in perpetuity, over material that in most cases became public anyway — simply later, and on the promoter’s timetable rather than the community’s.

This is the single most consequential drafting failure in the entire British record, and it is also the easiest to prevent. An officer negotiating in good faith, focused on getting the data flowing, will not necessarily notice that the agreement never expires. Whether Kingston’s agreement contains an expiry date is not, at the time of writing, on the public record. It is a one-word answer, and the City can give it today.

The promoter’s case, and what the record shows

Nothing in this brief argues that no confidentiality is ever warranted. The argument is narrower: the terms matter enormously, the English terms were bad, and they were bad in ways that were entirely avoidable if identified in advance.

The most honest defence of signing came, in Britain, from Doncaster. The council signed because it relied on HS2’s data to scrutinise and challenge the design; without signing, exposing the route’s damaging effects would have been harder still and might have produced more blight rather than less. Doncaster Free Press That is not a foolish argument, and it should not be caricatured. It is the argument of a body that has accepted the promoter’s framing of the available choices — sign and be informed, or refuse and be ignorant — without first testing whether that framing is true.

Prescott and Russell tested it. So did Stormont, Dundas and Glengarry. Both refused — and neither is, on the available evidence, less informed about ALTO than Kingston is. One of them has published the promoter’s presentation. Kingston cannot.

What Britain concluded, in public, before Kingston signed

The same request, refused twice next door

ALTO has made materially the same approach to municipalities across the corridor: access to technical material, in exchange for a confidentiality agreement, plus permission to enter municipal land for field survey. What distinguishes Kingston is not the request. It is the response, and the process by which the response was reached.

The choice Kingston was offered is not a real choice

The case for signing rests entirely on a premise: that a council which refuses the agreement is left in the dark. The City spokesperson put it plainly — the agreement was required in order to receive any technical information at all, and it was not optional.

That premise has been tested next door, and it failed. SDG refused the agreement, refused land access, and then shared ALTO’s presentation with the public. From that published material, residents of SDG can now learn what ALTO intends: that field sampling across the corridor is scheduled for the fourth quarter of 2026 and will feed the impact assessment; that the surveys cover wetlands, forests, avian wildlife, and fish and wildlife habitat; that archaeology, cultural heritage, and “sensitive receptors” such as parks, schools and hospitals are treated as socio-economic components; and that noise, vibration, hydrogeology, soil quality and surface water are the physical components under examination. The Review

This is not a rhetorical point. It is the whole argument, and it can be verified by anyone with a browser. The bargain Kingston accepted — silence in exchange for information — was offered on the premise that there was no alternative. Two neighbouring counties declined it, and one of them proceeded to put the promoter’s own material on the public record. The alternative existed. Kingston did not take it, and has not explained why.

One further detail of timing deserves an answer. The Eastern Ontario Wardens’ Caucus — the body through which these counties have been coordinating their response — was scheduled to discuss ALTO at a meeting in Kingston, in July. Kingston signed on July 10.

The Initiative has written to Kingston city councillors asking a single question, answerable in one sentence: was the agreement authorised by resolution of Council, and if so, what is the resolution number and date — or was it executed under delegated authority, and under which by-law? We will publish the answer when we receive it, whatever it is.

Five questions, one answered

These are the five questions the brief puts to Council. None is hostile. Each was answerable by staff in a sentence — before Friday. This is their status as of publication.

This is the point on which the whole matter turns, and it is worth stating without heat. Publishing the agreement — its duration, its scope, whom it binds, what it carves out — discloses nothing ALTO has a legitimate interest in protecting. It reveals no alignment, no cost, no property. A city genuinely committed to transparency, and unable to say more about the substance, can nonetheless say everything about the instrument. That it has not yet done so is a choice, and it is a choice the City can reverse this week.

The confidentiality did not protect HS2

Refusal was never the only alternative to signature, and this brief did not urge it. An agreement that would survive scrutiny is time-limited — expiring on a defined public milestone; scope-limited — confined to genuinely commercial and personal information, with alignment, cost and impact data expressly excluded; statute-preserving — with explicit carve-outs for MFIPPA and open-meeting duties; officer-bound, not member-bound; and publicly disclosed — the agreement itself, if not its contents, placed on the public record.

Every one of those five terms exists because HS2 lacked it. None of them costs the promoter anything to which it is entitled. Four of the five can still be secured by amendment, and the fifth — publication of the instrument — requires nothing from ALTO at all.

The English record offers one final observation, and it is not a partisan one. The confidentiality did not protect the project. It corroded HS2’s public licence, hardened the opposition, and left even the scheme’s allies defending a company that looked as though it had something to conceal. Kingston has signed. It has not yet explained. Those are different things, and only one of them is now beyond recall.

Primary documents and reporting