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  5. negotiation (to be carried on)

negotiation (to be carried on)

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    City of Kitchener - June 20, 2025

    239(2)(d) Labour relations or employee negotiations|239(2)(i) Information supplied in confidence by a third party |239(2)(k) Plans and instructions for negotiations |background information|bargaining position|commercial information|financial information|harm (established)|labour relations information|negotiation|negotiation (interference with)|negotiation (to be carried on)|Parse discussion|third-party information

    The Ombudsman investigated a closed meeting held by council for the City of Kitchener to discuss the implementation of a centralized model for operations related to certain arts and entertainment facilities. The Ombudsman found that parts of the closed session discussion fit within the exceptions for: 

    • Information supplied in confidence by a third party at section 239(2)(i) of the Municipal Act, 2001;
    • Labour relations and employee negotiations at section 239(2)(d) of the Act; and
    • Plans and instructions for negotiations at section 239(2)(k) of the Act.

    As the discussion could not have realistically been parsed, the entire discussion fit within those exceptions.

    Read the Report

    Township of McKellar - August 4, 2021

    239(2)(k) Plans and instructions for negotiations |negotiation|negotiation (to be carried on)|other level of government

    The Ombudsman received a complaint alleging that council for the Township of McKellar improperly met in closed session on June 24, 2021, to discuss the West Parry Sound Pool and Wellness Centre contrary to the Municipal Act, 2001. The Ombudsman found that council discussed its position regarding ongoing negotiations with six municipalities and two first nation communities relating to a joint pool and wellness centre. Accordingly, this discussion was permissible under section 239(2)(k) of the Municipal Act.

    Read the Letter

    City of St. Catharines - February 14, 2019

    239(2)(k) Plans and instructions for negotiations |employee|staff position (new)|negotiation (to be carried on)|negotiation (none)|passing reference|hiring

    The Ombudsman reviewed a closed meeting held by council for the City of St. Catharines to discuss a proposed staff position, government relations adviser. The meeting was closed under the negotiations exception. During the discussion, there were passing references to municipal projects involving the provincial government that could potentially become part of the new position’s portfolio of responsibilities. The Ombudsman found that the discussion did not fit within the negotiations exception because it focused on determining the role and nature of a new staff position, including employment details, rather than specifically formulating a detailed course of action with respect to current or future negotiations involving municipal-provincial projects. In addition, the discussion did not involve any information that could undermine the city’s bargaining position in future negotiations.

    Read the Report

    The Ontario Ombudsman’s work takes place on traditional Indigenous territories across the province we now call Ontario, and we are thankful to be able to work and live on this land. 

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