The Ombudsman found that the Finance and Administration Committee for the City of Elliot Lake contravened the Municipal Act, 2001 when it received a presentation on proposed changes to the City’s procurement by-law in closed session on December 18, 2023. As the purpose of the discussion was not to educate or train council members, the discussion did not fit within the exception for education or training.
The Ombudsman reviewed a joint meeting held by the councils for the Town of Grimsby, the Town of Lincoln and the Township of West Lincoln that was closed under the exception for education or training. The Ombudsman found that the first part of the closed session, which consisted of a presentation about municipal amalgamations and a regional governance review process, fit within the exception because it was an exchange of information and did not materially advance the business or decision-making of the municipal councils. The Ombudsman found the second part of the closed session, which involved small-group discussions about potential changes to local government structures, did not fit within the exception because the discussions were intended to form the basis of imminent decisions by the municipal councils and materially advanced their business or decision-making.
The Ombudsman reviewed a joint meeting held by the councils for the Town of Grimsby, the Town of Lincoln and the Township of West Lincoln that was closed under the exception for education or training. The Ombudsman found that the first part of the closed session, which consisted of a presentation about municipal amalgamations and a regional governance review process, fit within the exception because it was an exchange of information and did not materially advance the business or decision-making of the municipal councils. The Ombudsman found the second part of the closed session, which involved small-group discussions about potential changes to local government structures, did not fit within the exception because the discussions were intended to form the basis of imminent decisions by the municipal councils and materially advanced their business or decision-making.
The Ombudsman reviewed a joint meeting held by the councils for the Town of Grimsby, the Town of Lincoln and the Township of West Lincoln that was closed under the exception for education or training. The Ombudsman found that the first part of the closed session, which consisted of a presentation about municipal amalgamations and a regional governance review process, fit within the exception because it was an exchange of information and did not materially advance the business or decision-making of the municipal councils. The Ombudsman found the second part of the closed session, which involved small-group discussions about potential changes to local government structures, did not fit within the exception because the discussions were intended to form the basis of imminent decisions by the municipal councils and materially advanced their business or decision-making.
The Ombudsman found that council for the Town of Halton Hills’ discussion of provincial policy announcements about municipalities on August 28, 2023 did not fit within any of the open meeting exceptions in the Municipal Act, 2001.
The Ombudsman found that council for the Town of Amherstburg did not contravene the open meeting rules by not providing notice of a training session on municipal infrastructure asset management on February 14, 2023 that council held in closed session. Since the training session did not materially advance the Committee’s business or decision-making, it was not a meeting subject to the open meeting rules. However, the Ombudsman commended the Town for taking steps to go beyond the Act’s requirements to improve transparency with respect to the training session, and suggested that the Town formalize the practice of treating training sessions as meetings.
The Ombudsman found that a training session for council for the Township of Emo on its new budget format fit within the exception for education and training since council received training and did not materially advance its business or decision-making. As council did not materially advance its business or decision-making, the training session was not a meeting subject to the open meeting rules in the Municipal Act, 2001 and the Township’s procedure by-law. As such, the Township was not required to provide notice of the training session.
The Ombudsman received a complaint regarding closed meetings held by the City of Cornwall’s Municipal Grants Review Committee / Working Group on November 9 and November 30, 2021. The Committee cited the exception for education or training when it proceeded in camera at both meetings. The Ombudsman found that the exception did not apply to these in camera discussions. In both cases, the discussions did not provide general information for the purposes of educating or training the Committee members.
The Ombudsman found that council for the Township of Adjala-Tosorontio did not contravene the open meeting rules in the Municipal Act, 2001 when members of the newly elected council attended educational workshops on November 15, 24, and 29, 2022. At the time of these gatherings, four of the seven council members had not yet taken office. As such, a quorum of council was not present, and the gatherings therefore did not meet the definition of a meeting in the Act. As the gatherings were not meetings as defined in the Act, the Act’s open meeting rules did not apply.
Bruce County’s Executive Committee cited the exception for education or training when it proceeded in camera on September 21, 2017, and on January 10, 2019. The Ombudsman found that the exception did not apply to these in camera discussions. In both cases, the discussions did not provide general information for the purposes of educating or training the Committee.
The Ombudsman reviewed a closed session held by council for the Township of Pelee on June 22, 2021. The Ombudsman found that since council did not discuss a matter in a way that materially advanced business or decision-making, the gathering was not a meeting subject to open meeting rules under the Municipal Act, 2001. The Ombudsman found that even if the gathering had been a meeting, it was permissible to have the discussion in camera under the exception for education or training.
The Ombudsman reviewed an in camera session of a meeting of council for the Municipality of West Nipissing, in which council intended to discuss the relationship between staff and council. The discussion, although intended to educate and train council members on their roles and responsibilities, did not actually involve any education or training. The discussion instead involved opinions regarding council’s divisions, members’ behaviour and interpersonal disputes. This discussion did not fit within the narrowly construed exception for education and training.
The Ombudsman reviewed two closed meetings held by the OPP Contact Adhoc Committee for the City of Brockville with representatives from the Ontario Provincial Police (OPP) to receive information about the OPP’s costing process to provide municipal policing services. The meeting was closed under the education or training exception. The information received by the committee was general in nature. The committee did not receive specific information about the OPP’s forthcoming costing proposal or discuss if the municipality should contract with the OPP for municipal policing services. The Ombudsman found that this portion of council’s discussion fit within the education or training exception. However, in addition to receiving general education during the closed session, the committee discussed engaging a local audit firm and directed staff to determine if the firm could assess the OPP costing proposal. The Ombudsman found that when a meeting is closed under the education or training exception, no votes can be taken that advance business or decision-making.
The Ombudsman reviewed a meeting held by council for the City of Oshawa with representatives from the Oshawa Power and Utilities Corporation (OPUC) to receive information related to a potential merger of OPUC with Veridian Corporation, a shared services provider. The meeting was closed under the education or training exception. The majority of the presentation was intended to inform council about a particular course of action that would likely come before council for a future vote. The municipality believed that the non-disclosure agreement between OPUC and Veridian meant the discussion should be held in closed session. The Ombudsman found that the purpose of the education or training exception is not to protect disclosure of sensitive business information. The Ombudsman found that the information presented and the questions asked materially advanced council’s business and decision-making. Therefore, the discussion did not fit within the education or training exception.
The Ombudsman reviewed a closed meeting held by council for the Township of Russell to receive training on strategic planning. The meeting was closed under the education or training exception. During the session, councillors were taught the basic principles and vocabulary related to the strategic planning process. The presentation used the current strategic plan for the municipality as a reference point for abstract principles and vocabulary that was being taught. The discussion was not a workshop or free flow of ideas but rather a specific training course. There was no decision-making or discussion of specific municipal priorities or planning. The Ombudsman found that the discussion fit within the education or training exception.
The Ombudsman reviewed a closed meeting held by Council for the Township of Russell to receive a rebranding presentation for the municipality. The meeting was closed under the education or training exception. After returning to open session, council debated the rebranding proposal and voted to approve the new logo. The Ombudsman found that the information presented was directly about council business and was intended to form the basis of council decision-making. Therefore, the discussion did not fit within the education or training exception.
The Ombudsman reviewed a closed meeting held by council for the Village of Casselman with local developers at a roundtable to discuss development within the municipality. The meeting was closed under the education or training exception. The discussion was not general in nature and related to council business. The scope of the education or training exception extends to meetings that are closed to allow council members to receive information that may assist them in better understanding the business of the municipality and/or to acquire skills, rather than exchange information on an issue. The Ombudsman found that the discussion did not fit within the education or training exception.
The Ombudsman reviewed a closed meeting held by council for the Town of Fort Erie to receive a presentation from the local Economic Development and Tourism Corporation (EDTC). The meeting was closed under the education or training exception. During the presentation, EDTC staff provided general information to council about the EDTC. This information was intended to inform council decision-making. In previous open meetings, council had met with the EDTC to discuss aligning councillor priorities with the municipality’s strategic plan. The Ombudsman found that there was no indication that discussions of that nature took place during the closed session. Therefore, the general discussion of the EDTC’s role fit within the education or training exception.
The Ombudsman reviewed a closed meeting held by council for the City of Welland to receive a presentation from staff regarding the local development corporation’s strategic plan. The meeting was closed under the education or training exception. The strategic plan had been approved by council at an earlier open meeting. During the closed session, council discussed information relating to the municipality that it considered sensitive. The purpose of the education or training exception is not to shield sensitive information from the public. The Ombudsman found that the discussion did not fit within the education or training exception because the discussion did not relate solely to educating council, rather it was intended to inform their decision-making and advance the formulation of the municipality’s economic strategy.
The Ombudsman reviewed a closed meeting held by council for the Town of Moosonee to receive information from a municipal advisor from the Ministry of Municipal Affairs and Housing. The meeting was closed under the education or training exception. During the closed session, the municipal advisor reviewed a letter from the minister and discussed the terms of a funding arrangement offered by the ministry to the municipality. The Ombudsman found that the discussion did not fit within the education or training exception because the information relayed to council was not general in nature, and related to matters that directly affected the business of the municipality.
The Ombudsman reviewed a closed meeting held by the Development Services Committee for the City of Oshawa to receive information from a local composting operation related to odour complaints. The meeting was closed under the education or training exception. During the meeting, representatives from the composting operation discussed the rezoning of lands in the vicinity of the facility and the repercussions for the facility’s future plans. The Ombudsman found that while the committee did not deal with council business, the discussion went beyond the scope of education and into the realm of lobbying. Therefore, the discussion did not fit within the education or training exception.
The Ombudsman reviewed a closed meeting held by council for the Town of Fort Erie at an off-site location to participate in a program aimed at improving communication and team-building skills. The meeting was closed under the education or training exception. Any council business was only discussed in a minor way to illustrate points being discussed. The Ombudsman found that the discussion fit within the education or training exception.