Alberta’s information and privacy commissioner has opened two reviews into the government’s decision to withhold the results of a public survey regarding renewable energy development on agricultural lands in response to freedom of information requests from Postmedia.

The survey was conducted online between July 24 and Aug. 14 of last year and asked stakeholders ” to provide input on challenges and opportunities around developing utility scale renewable energy on privately owned agricultural land.”

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It came after the province had introduced a series of new restrictions on future pursuits of wind and solar projects five months earlier as well as a moratorium on such developments announced in August of 2023.

Postmedia requested the results of the survey soon after it closed last August through a pair of requests that produced over 300 pages of results, all of which were entirely redacted.

On April 14, Postmedia and the office of Agriculture and Irrigation Minister RJ Sigurdson received notice from the Office of the Information and Privacy Commissioner (OIPC) that it was reviewing the government’s response to withhold the records.

Specifically, the OIPC will review the government’s assertions that records should be withheld under legislated exemptions for cabinet confidentiality as well as advice for officials, though the act specifically states the latter exemption does not apply to public survey data.

Sigurdson’s office did not respond last week to requests for comment.

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The 34-question survey included multiple-choice and long-form questions regarding how agriculture, grasslands, and livestock development could co-exist with sources of renewable energy sources like solar or wind power.

“Alberta will no longer permit utility-scale renewable energy development on the best agricultural lands, unless crop and/or livestock production can coexist alongside the development,” the survey’s preamble reads.

“Criteria used to establish agricultural land suitability will minimize risk to Alberta’s privately owned native grasslands and ensure agricultural land (including irrigable and productive agricultural land) remains available to safeguard sustainable food production now and in the future.”

The finance ministry has also similarly relied on the advice from officials exemption to justify keeping secret the results of the province’s survey on a potential Alberta pension plan in response to freedom of information requests from Postmedia.

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The OIPC has launched three investigations into the department’s responses to those requests with mediation ongoing.

There appears to be little consensus among government departments on how the survey exemption contained in the legislation is to be applied.

The municipal affairs ministry twice released both summary data and copies of individual responses to its survey on adding political party labels to municipal election ballots. Similarly, the Preston Manning-led Public Health Emergencies Governance Review Panel also twice released copies of responses of its public engagement following requests from Postmedia. Forestry and Parks and Service Alberta have also released survey details upon request within the past year.

mblack@postmedia.com

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