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The Ombudsman received a complaint alleging that council for the Township of Emo contravened the Municipal Act’s open meeting requirements on June 23, 2020. The complaint alleged that council’s discussion relating to a “Council Code of Conduct” matter did not fit within the exceptions to the open meeting rules in the Municipal Act, 2001. The Ombudsman’s investigation found that council’s discussion was permissible under the Municipal Act’s closed meeting exception for personal matters about an identifiable individual in s. 239(2)(b). However, the Ombudsman found that the Township contravened the requirements of section 239(4)(a) of the Municipal Act, 2001 by failing to state by resolution the general nature of the matters to be considered in camera.

We received a complaint that council for the Township of Sables-Spanish Rivers discussed matters in a closed meeting on September 25, 2019 that did not fit into the exceptions in the Municipal Act. The Ombudsman found that council’s discussions about a bidder on a request for proposals, and about candidates for an internship, fit within the exception for personal matters. The complaint also alleged that, prior to entering closed session, the mayor announced that the meeting was over – but council reconvened after the closed session to conduct additional business. The Ombudsman found that council violated the open meeting rules by failing to ensure that the public could observe the portion of the meeting that followed the closed session. The Ombudsman made several recommendations to the township to improve its meeting practices, including ensuring that minutes are complete and accurate, and that votes are limited to directions to staff or procedural matters.

The Ombudsman received a complaint about a closed meeting held by council for the City of Pickering on August 10, 2020.

The Ombudsman received a complaint alleging that council for Loyalist Township contravened the Municipal Act’s open meeting requirements on July 8, 2019, related to an in camera vote. The complaint also raised concerns about the amount of information that council shared in its report back following the closed session. The Ombudsman’s investigation found that council’s discussion was permissible under the Municipal Act’s closed meeting exception for advice subject to solicitor-client privilege in s. 239(2)(f). However, the Ombudsman found that due to confusion and inadvertence, council’s in camera vote was neither procedural nor a direction to staff contrary to the Act’s voting requirements.

The Ombudsman received a complaint alleging that closed meetings held by council for the Municipality of West Nipissing on April 20th and May 26th were not audio or video recorded, contrary to requirements in the municipality’s procedure by-law.

We helped a parent who was refused an identification, placement and review committee (IPRC) to assess her daughter’s giftedness in kindergarten.

The Ombudsman received a complaint regarding the April 15, 2020, closed meeting of council for the Township of The North Shore.

The Ombudsman received a complaint that council for the Town of Saugeen Shores contravened the Municipal Act’s open meeting requirements on July 22, November 11 and November 25, 2019. He also received a complaint that council held an informal private gathering that amounted to an illegal closed meeting on February 24, 2020. The Ombudsman’s investigation found no contraventions of the Municipal Act’s open meeting requirements.

An English-speaking mother whose child attends a French-language school was facing barriers when attempting to raise concerns with the school principal.

A woman in a remote northern community complained to our Office that her grandson, who has Fetal Alcohol Spectrum Disorders (FASD), had been excluded from school for four months due to escalating violent behaviour. When the child was allowed back to school, he was only allowed to attend for two hours per day, four times a week. 

We received three complaints about a chaotic meeting of council for the Municipality of West Nipissing in March 2019.

As noted in last year’s Annual Report, we received 77 complaints in February 2019 about a City of Hamilton committee’s decision to meet outside of the city – the highest number of complaints we have ever received in a single closed meeting case.

A dog owner who went to renew the licences for her pets complained to us when the municipality also charged her to renew the licence of a dog that had died six months earlier.

A man who moved a trailer onto a property while he waited for a permit to build a house on it complained that the municipality had removed the trailer without notice.

A man complained to us that he was charged $123.79 for the installation of a new water meter at his cottage, even though the municipality’s fees by-law listed the fee for water meter replacement as $34.38.

The Ombudsman received a complaint that council discussed a matter that was not listed on the agenda during a closed session on November 19, 2019, and that council held an informal gathering on November 18, 2019 during which they made a decision.

The Ombudsman received a complaint alleging that a quorum of councillors for the Town of Pelham informally met to discuss a possible donation from a cannabis producer on January 9, 2020, contrary to the open meeting rules of the Municipal Act, 2001. The complaint also alleged that councillors subsequently voted via email on whether they would be in favour of accepting the possible donation. The Ombudsman found that the informal discussion and subsequent email did not contravene the Municipal Act’s open meeting requirements as these exchanges did not constitute meetings under the Municipal Act. However, the Town of Pelham acted without legal authority when it decided to inform a third-party organization that it was not in favour of accepting a potential donation from a cannabis company. By failing to act through resolution and confirming by-law passed at a properly constituted council meeting, the municipality tried to shield its decision-making process from public scrutiny. These actions were contrary to law and wrong under section 21(1) of the Ombudsman Act.

A man complained to us about his municipality issuing parking tickets during the COVID-19 state of emergency.

The Ombudsman received a complaint regarding the November 25, 2019 closed meeting of council for the Municipality of Northern Bruce Peninsula.

The Ombudsman received a complaint about a special meeting held by the Township of Russell on April 2 by electronic participation due to COVID-19. The complaint alleged that the meeting agenda did not provide a link to the website where the meeting would be broadcast. The Ombudsman found that council for the Township did not violate the open meeting rules. The Township provided notice to the public that the meeting would be held via electronic participation and posted a link to the broadcast on its website and on social media prior to holding the meeting. The Ombudsman commended the Township of Russell for taking additional steps to ensure that information about how to observe and participate in electronic meetings was widely available to the public. The Ombudsman urged all municipalities to do as much as possible to facilitate access by the public to any meetings held electronically during a declaration of emergency. This was the first time the Ombudsman conducted an investigation into a municipal meeting following the passage of the Municipal Emergency Act, 2020, which allows for additional flexibility in holding electronic meetings during an emergency, such as the COVID-19 pandemic.