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The Ombudsman received complaints that the City of London held illegal closed meetings on May 17 and June 23, 2016, to discuss the appointment of an integrity commissioner, and a recent report of the integrity commissioner. The Ombudsman found that the May 17 Committee of the Whole meeting was permitted to be closed to the public under the solicitor-client privilege and personal matters exceptions, and the June 23 council meeting was permitted to be closed to the public under the solicitor-client privilege exception.

We received complaints alleging that the Walkerton Business Improvement Area and the Municipality of Brockton held three improperly closed meetings on June 13, June 20, and September 27, 2016. The Ombudsman determined that the Walkerton Business Improvement Area did not contravene the Municipal Act, 2001 on June 13 because the discussion between three board members was not a “meeting” under the Act and was not subject to the Act’s open meeting requirements. The Ombudsman also determined that council for the Municipality of Brockton did not contravene the Act on June 20, 2016, when it met in camera to discuss matters that were subject to “litigation or potential litigation”. However, on September 27, 2016, the municipality contravened the Act when a quorum of councillors attended an information session related to a Drainage Act petition.

The Ombudsman received a complaint that council for the municipality of Temagami held illegal closed sessions on April 28 and August 11, 2016.

We received a complaint that the Laird Fairgrounds Management Board held a meeting that did not comply with the open meeting rules on August 10, 2016.  The board is a committee of the Township of Laird. The committee did not contravene the Municipal Act, 2001 or the Township of Laird’s procedure by-law when it discussed a matter in camera on August 10, 2016. The discussion fit within the exception for personal matters about an identifiable individual.

Council for the City of Timmins contravened the Municipal Act on June 27, 2016 when it went in camera to discuss the recruitment process to replace the retiring CAO. The discussion did not fall within the personal matters exception to the Municipal Act’s open meeting requirements. The Ombudsman also found that council should not have voted in closed session to form a hiring committee and voted by way of secret ballot on the membership of council members to that committee. 

The Ombudsman received a complaint that council for the City of Timmins held two illegal closed session discussions on August 8, 2016 and August 29, 2016, about the City’s Canada Day 150 Celebrations. The Ombudsman determined that council contravened the Municipal Act when it went in camera on August 8, 2016 under the solicitor-client advice exception and that council should not have voted during that closed session. The Ombudsman found that council did not contravene the  Municipal Act when it went in camera on August 29, 2016 under the solicitor-client advice exception.

The Ombudsman received a complaint that council went in camera to discuss a report regarding contracts between the city and a transit ticket kiosk. The complaint also alleged that council voted while in camera to write off an uncollectible account, prior to voting on the matter in open session on May 31, 2016. The Ombudsman determined that council did not contravene the Municipal Act when it went in camera to discuss the report on March 2 and March 23, 2016 under the personal matters and solicitor-client privilege exceptions, or on April 26, 2016 under the personal matters exception. The Ombudsman also found that council did not improperly vote on the uncollectible account during a closed meeting.

The Ombudsman received a complaint that council for the Township of Georgian Bay held illegal closed session discussions on October 13, 2015 and January 11, 2016, about a shoreline structure that did not meet the requirements of the zoning by-law. The Ombudsman determined that council did not contravene the Municipal Act when it went in camera at these meetings under the litigation or potential litigation exception. However, council contravened the Act when it voted during its in camera meeting on October 13, 2015.

The Niagara District Airport Commission contravened the Municipal Act on July 14, 2016, when it went in camera to discuss ongoing airport fee negotiations and related airport upgrades. This meeting did not fall within the “advice subject to solicitor-client privilege” exception, or any exception, to the Municipal Act’s open meeting requirements. The Ombudsman also made recommendations to improve the commission’s procedure by-law and its process for providing information to the public about closed session discussions.

The City of Elliot Lake's Ad Hoc Multi-Use Committee is a committee of council subject to the Municipal Act's open meeting requirements. The committee violated the open meeting requirements and the city's procedural by-law on March 22, 2016 and May 5, 2016 when it held meetings without providing notice to the public. 

The Township of Hornepayne’s Nuclear Waste Community Liaison Committee is a committee of council subject to the Municipal Act’s open meeting requirements. The committee contravened the Act and the township’s procedure by-law on January 12, 2016, when it held a meeting without providing any notice to the public.

Council for the Town of Grimsby contravened the Municipal Act and the municipality’s procedure by-law when it discussed a municipally-controlled corporation, Niagara Power Inc., in camera on May 2, 2016. The discussion did not fit within any of the exceptions to the open meeting rules. There is no exception in the Act for discussions about sensitive business information.

The Ombudsman received complaints that council for the County of Norfolk met illegally in a closed meeting on May 24, 2016 to discuss the development of a site-specific zoning by-law for an area in the county known as Hastings Drive. The complaints also alleged that council improperly voted during the closed meeting to remove an option for the zoning by-law from consideration. The Ombudsman determined that council did not contravene the Municipal Act when it went in camera on May 24, 2016 under the litigation or potential litigation exception and the solicitor-client privilege exception. The Ombudsman also found that council did not improperly vote during the closed meeting. One of the complaints alleged that the resolution to proceed in camera was vague. Given the nature of the discussions (solicitor-client privileged advice), the Ombudsman found that the resolution to proceed in camera was sufficient.

The Ombudsman received a complaint that council for the City of Niagara Falls violated the Municipal Act when it voted in closed session to commit $10 million towards a proposed partnership with a post-secondary institution. The Ombudsman found that the discussion did not fit within any of the closed meeting exceptions and that as a result, council was not entitled to vote in closed session on a resolution directing staff to proceed with the partnership.

We received a complaint that the Municipality of West Nipissing failed to provide sufficient notice to the public in advance of a July 21, 2016 special council meeting.

The Ombudsman received a complaint that the Recreation Board of Management and Board’s Ad Hoc Committee in the Town of Goderich held meetings in 2015 and 2016 that did not comply with the open meeting requirements of the Municipal Act. The Ombudsman found that the Recreation Board of Management falls within the Municipal Act’s definition of a “local board” and is subject to the Act’s open meeting requirements. The Ombudsman cautioned the Board to be vigilant in adhering to the requirements of the Municipal Act in the future when it forms committees. The Ombudsman noted that, the Board and the Ad Hoc Committee include volunteer members who acted in good faith for the benefit of the community. A number of recommendations were made to assist the Board in improving its open meeting practices.

The Ombudsman received a complaint that council for the Township of Leeds and the Thousand Islands had discussed a zoning by-law application over email. The Ombudsman determined that council violated the open meeting requirements of the Municipal Act by discussing council business over email and recommended that council cease its practice of discussing council business using quorum emails or any other electronic format.

The Ombudsman received a complaint that committee of the whole for the Township of Woolwich held an improper closed meeting between the closed and open sessions on March 22, 2016 at which they made a decision on an upcoming delegation. The Ombudsman found no evidence that a quorum of the committee discussed the delegation as a group behind closed doors, or laid the groundwork for a decision on the delegation.

The Ombudsman received a complaint that on June 8, 2016, the board of directors for the Walkerton Business Improvement Area discussed matters that did not fall within the exceptions in the Municipal Act, 2001.

The Ombudsman received a complaint that council for the City of Sault Ste. Marie discussed matters that did not fall within the exceptions in the Municipal Act, 2001 during a closed meeting on October 13, 2015. During the meeting, council received a presentation by the City’s Fire Chief. The Ombudsman determined that the meeting fit within the exception for labour relations or employee negotiations.