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  1. Info for public bodies and officials
  2. Municipal government
  3. Open meetings: Case digest
  4. Municipalities and local boards
  5. Greater Sudbury, City of

Greater Sudbury, City of

City of Greater Sudbury, February 11, 2025

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committee
materially advances
meeting (informal)
quorum
Meeting (definition)

The Ombudsman found that an illegal meeting under the Municipal Act, 2001 did not occur when five council members for the City of Greater Sudbury attended a meeting held by the Flour Mill Community Action Network on April 8, 2024. Although the five council members represented a quorum of the City’s Operations Committee, they did not materially advance the business or decision-making of the Operations Committee when they attended the meeting.

City of Greater Sudbury, March 3, 2023

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239(2)(f) Solicitor-client privilege
lawyer present
legal advice

The Ombudsman found that council for the City of Greater Sudbury’s closed session discussion of a proposed municipal project on July 12, 2022 fit within the exception for solicitor-client privilege as council sought and received legal advice regarding the project from the City Solicitor and Clerk and the Deputy City Solicitor.

239(2)(i) Information supplied in confidence by a third party
background information
business information
financial information
third-party information

The Ombudsman found that council for the City of Greater Sudbury’s closed session discussion of third-party commercial and financial information on July 12, 2022 fit within the exception for information supplied in confidence by a third party. The Ombudsman found that the third-party information, which related to bids for a proposed municipal project, was supplied in confidence and that the public disclosure of the information could prejudice significantly the bidders' competitive positions in the bidding process or interfere with their contractual or other negotiations.

City of Greater Sudbury, May 12, 2021

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239(2)(b) Personal matters
employee
conduct
identifiable individual

The Ombudsman reviewed a closed session meeting held by the City of Greater Sudbury where council discussed the conduct of an identifiable individual employed by the City. While information about an individual in their professional capacity will not generally fit within the personal matters exception, the discussion will fit within the exception if it relates to scrutiny of an individual’s conduct. Accordingly, the Ombudsman found that the subject fit within the exception.

239(2)(i) Information supplied in confidence by a third party

The Ombudsman reviewed a closed session meeting held by the City of Greater Sudbury where council discussed a project proposed by a third party. Council received confidential commercial and financial information belonging to third parties. As the proposed project remained ongoing, this information could have prejudiced the parties’ competitive position and negotiations if it were disclosed. Accordingly, the Ombudsman found that this topic fit within the exception.

meeting (electronic)
Resolution
access to meeting (electronic)

The Ombudsman reviewed an electronic meeting held by the City of Greater Sudbury. Council met in closed session prior to the regular meeting. Council’s resolution stating the general nature of the subjects to be discussed in camera was not broadcast live. The Ombudsman found that this contravened the requirements of section 239(4)(a) of the Act. The Ombudsman recommended that the City ensure that the public is able to observe all open portions of electronic meetings including the resolution to go in camera.

City of Greater Sudbury, January 20, 2017

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third-party investigation
conduct
239(2)(b) Personal matters

The Ombudsman reviewed three closed meetings held by council for the City of Greater Sudbury to discuss an investigation regarding a contract between the city and a transit ticket kiosk. The closed meetings relied on the personal matters exception. During the discussion, council received a third party investigation report which included information about employee conduct. The Ombudsman found that council’s scrutiny of employee conduct was personal in nature. Therefore, the discussions fit within the personal matters exception.

Minutes
minutes (best practices)
recording (audio and/or visual)

The Ombudsman reviewed a closed meeting held by council for the City of Greater Sudbury to discuss an investigation regarding a contract between the city and a transit ticket kiosk. The Ombudsman noted the in camera minutes did not provide any specific information about the discussions that took place. The Ombudsman found that municipalities must record, without note or comment, all resolutions, decisions, and other proceedings at both open and closed meetings. The Ombudsman also recommended that the city make audio and/or video recordings of its closed meetings.

Resolution
resolution (general description)

The Ombudsman reviewed three closed meetings held by council for the City of Greater Sudbury. The Ombudsman found that council failed at these meetings to provide any information in the resolution to proceed in camera about the discussions that were to take place, other than citing the exceptions authorizing the in camera discussion. The Ombudsman recommended that council’s resolution to proceed in camera provide a brief description of the subject matter to be considered in closed session, as well as the citing the exception(s) being relied upon.

239(2)(f) Solicitor-client privilege
third-party investigation
employee
conduct
legal advice (written)

The Ombudsman reviewed two closed meetings held by council for the City of Greater Sudbury that relied on the exception for solicitor-client privilege to discuss transit tickets in the municipality. During the discussion, council received a third-party investigation report that included information about employee negligence and conduct. Council also received written legal advice from the municipality’s solicitor about the report. The Ombudsman found that the discussions fit within the exception for solicitor-client privilege.

City of Greater Sudbury, February 14, 2013 (meetings in June 2012)

Read the Letter
239(2)(b) Personal matters
appointment
contract
audit/auditor

The Ombudsman reviewed a closed meeting held by council for the City of Greater Sudbury, which relied on the personal matters exception, to discuss the contract and appointment of the auditor general. The Ombudsman found that information about the employment contract of an identified member of staff is personal information. Therefore, council’s discussion fit within the personal matters exception. 

City of Greater Sudbury, February 14, 2013 (meeting in November 2010)

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239(2)(e) Litigation or potential litigation
litigation
Ontario Land Tribunal (OLT) (formerly OMB, LPAT)
zoning/planning

The Ombudsman reviewed a closed meeting held by council for the City of Greater Sudbury to discuss a pending appeal to the Ontario Municipal Board (OMB) of a decision of council to deny a severance application. The meeting was closed under the litigation or potential litigation exception. During the meeting, council received information from staff relating to the upcoming OMB hearing. Council also received correspondence from a ministry with respect to the ministry’s position on the severance application. The Ombudsman found that the discussion fit within the litigation or potential litigation exception.

239(2)(e) Litigation or potential litigation
litigation
staff report
Ontario Land Tribunal (OLT) (formerly OMB, LPAT)

The Ombudsman reviewed a closed meeting held by council for the City of Greater Sudbury to discuss an ongoing appeal before the Ontario Municipal Board (OMB). The meeting was closed under the litigation or potential litigation exception. During the meeting, council received information from staff related to the appeal that might affect the municipality’s response to the appeal. The Ombudsman found that the discussion fit within the litigation or potential litigation exception because council was discussing an ongoing appeal before a tribunal.

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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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