The Ombudsman received a complaint that a meeting of the City of Hamilton’s Agriculture and Rural Affairs Sub-Committee did not livestream a meeting to the public. He was unable to conclude whether or not the meeting was livestreamed, as the recording of the meeting was deleted. This link opens in …
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The Ombudsman received a complaint that a meeting of the City of Hamilton’s Agriculture and Rural Affairs Sub-Committee did not livestream a meeting to the public.
Municipality of Casselman - January 3, 2024
Ombudsman Report Investigation into a complaint about a call held by members of council for the Municipality of Casselman on January 26, 2021 Paul Dubé Ombudsman of Ontario January 2024 Investigation into a complaint about a call held by members of council for the Municipality of Casselman on …
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The Ombudsman received complaints about a secret call held by members of council for the Municipality of Casselman on January 26, 2021. An audio recording of the call was inadvertently published on the Municipality’s website and the complainants were concerned that the discussion during the call advanced council business and constituted an illegal closed meeting under the Municipal Act, 2001.
The Ombudsman’s investigation found that a quorum of council for the Municipality of Casselman materially advanced matters that constituted council business during the call, that it constituted a “meeting” under the Municipal Act, 2001, and was a very serious violation of the open meeting rules.
City of London - January 16, 2024
Ombudsman Report Investigation into a complaint about a gathering held by members of the Community and Protective Services Committee of the City of London on March 21, 2023 Paul Dubé Ombudsman of Ontario January 2024 Investigation into a complaint about a gathering held by members of the Community …
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The Ombudsman reviewed a complaint about a gathering held by members of the Community and Protective Services Committee of the City of London on March 21, 2023. The complaint alleged that a quorum of the committee held a tour with the Executive Director of a local non-profit organization and expressed concern that, a few hours later, the committee held a formal meeting, during which it voted to recommend approving conditional funding for the non-profit.
The Ombudsman found that the gathering constituted an illegal meeting under the open meeting rules, as a quorum of the committee was present and committee business was materially advanced during the gathering. The Ombudsman noted that the information received by committee members during the gathering could reasonably be construed as having informed their decision-making. The Ombudsman recommended that members who organize tours that may be subject to the open meeting rules should consult with City staff.
Township of Morley - November 23, 2023
Ombudsman Report Investigation into a complaint about a gathering of members of council for the Township of Morley on December 14, 2022 Paul Dubé Ombudsman of Ontario November 2023 Investigation into a complaint about a gathering of members of council for the Township of Morley on December 14, 2022 …
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The Ombudsman reviewed a complaint about a gathering of a quorum of members of council for the Township of Morley on December 14, 2022. The complaint alleged that the gathering was a meeting that did not comply with the open meeting rules in the Municipal Act, 2001.
The Ombudsman found that that the Township of Morley contravened the open meeting rules in the Municipal Act, 2001 on December 14, 2022. The members of council, who also comprised a quorum of the Roads and Public Utilities Standing Committee, held a discussion in a Township garage with a member of staff regarding snowplowing operations and materially advanced the Township’s business and decision-making. In failing to treat the gathering as a meeting subject to the open meeting rules, the Township of Morley contravened the open meeting requirements of the Municipal Act, 2001.
Township of Sables-Spanish Rivers - November 16, 2023
The Ombudsman reviewed a complaint regarding two closed meetings held by council for the Township of Sables-Spanish Rivers on July 26 and August 9, 2023. The complaint alleged that council did not provide sufficient information about the general topic of discussion in its resolution to proceed into …
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The Ombudsman reviewed a complaint regarding two closed meetings held by council for the Township of Sables-Spanish Rivers on July 26 and August 9, 2023.
Municipality of Brockton - November 8, 2023
Ombudsman Report Investigation into a complaint about a meeting held by council for the Municipality of Brockton on February 14, 2023 Paul Dubé Ombudsman of Ontario November 2023 Investigation into a meeting of council for the Municipality of Brockton on February 14, 2023 November 2023 1 Overview 1 …
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The Ombudsman reviewed a complaint that council for the Municipality of Brockton contravened the open meeting rules on February 14, 2023 when it discussed a partnership proposal during a closed session.
The Ombudsman found that discussions about the partnership proposal did not fit within the exception for information supplied in confidence because the information discussed was not supplied confidentially and the reasonable expectation of harm was not clearly established. As a best practice, the Ombudsman recommended that, before relying on the exception for information supplied in confidence, the Municipality should confirm with the third party whether or not the information was supplied in confidence, and, where appropriate, inquire into what concrete harms could be expected if the information was disclosed publicly.
Flood of concern
When a conservation authority approved a permit to fill regulated flood plains, we received several complaints from local residents concerned about the negative effects on the environment. Officials at the conservation authority told us the permit was unprecedented, but found no grounds to deny the …
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When a conservation authority approved a permit to fill regulated flood plains, we received several complaints from local residents concerned about the negative effects on the environment.
A grey area
An environmental group complained to us when they didn’t hear back from the Ministry of Natural Resources and Forestry about their concerns related to a development project’s unregulated grey water and natural septic systems. They were worried the development would affect a nearby lake, as well as …
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An environmental group complained to us when they didn’t hear back from the Ministry of Natural Resources and Forestry about their concerns related to a development project’s unregulated grey water and natural septic systems.
Every vote counts
Shortly before the day of the October 2022 municipal election, several voters in one municipality complained to us that their mail-in ballots arrived too late. Municipal clerks are responsible for local elections, and in this municipality, the clerk confirmed that Canada Post had delivered some …
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Shortly before the day of the October 2022 municipal election, several voters in one municipality complained to us that their mail-in ballots arrived too late.
All’s well that ends well
Three residents told us that construction near their homes had caused their wells to dry up. The municipally-owned corporation responsible for water services gave them temporary water tanks, but informed them that the tanks would be removed. The residents felt that their well water remained unsafe. …
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Three residents told us that construction near their homes had caused their wells to dry up.
Home again
A woman reached out to us because her family’s subsidized housing unit was uninhabitable after a fire. She told us that their tenant insurance was going to run out but the unit was not ready to be occupied. Since her tenant support agent could not give them a firm date when they could move back in, …
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A woman reached out to us because her family’s subsidized housing unit was uninhabitable after a fire.
Permit me
A woman complained to us about how her municipality handled her request to convert a shipping container into a garden shed. She said after she chose not to proceed with a building permit application because of the cost, she received a notice from the municipality that the container needed to be …
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A woman complained to us about how her municipality handled her request to convert a shipping container into a garden shed.
Municipality of Callander - September 20, 2023
The Ombudsman received complaints about meetings held by the Committee of Adjustment; the Culture, Heritage and Tourism Committee; the Events Committee; and the Implementation and Beautification Advisory Committee in the Municipality of Callander. The complaints raised various concerns, including …
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The Ombudsman received complaints about meetings held by the Committee of Adjustment; the Culture, Heritage and Tourism Committee; the Events Committee; and the Implementation and Beautification Advisory Committee in the Municipality of Callander.
City of Hamilton - November 21, 2023
Ombudsman Report Investigation into a complaint about a meeting held by the City of Hamilton’s General Issues Committee on February 6, 2019 Paul Dubé Ombudsman of Ontario November 2023 Investigation into a complaint about a meeting held by the City of Hamilton’s General Issues Committee on February …
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The Ombudsman investigated a complaint about a closed meeting held on February 6, 2019 by the General Issues Committee of the City of Hamilton. The discussion in closed session related to a consultant’s report from November 20, 2013 that found that there were low levels of friction on the Red Hill Valley Parkway. The complaint alleged that the Committee breached the open meeting rules when it misrepresented a four-part PowerPoint presentation as a single item, and that some of the content did not fit within the exceptions of the Municipal Act, 2001.
The Ombudsman concluded that the Committee did not contravene the open meeting requirements under the Municipal Act, 2001, as the in camera discussion was permissible under the Act. However, to improve the accountability and transparency of its meetings, the Ombudsman made best practice suggestions relating to the Committee’s closed meeting procedures.
City of Elliot Lake - February 20, 2024
Ombudsman Report Investigation into a complaint about closed meetings held by the City of Elliot Lake on January 12 and January 30, 2023 Paul Dubé Ombudsman of Ontario February 2024 Investigation into a complaint about closed meetings held by the City of Elliot Lake on January 12 and January 30, …
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The Ombudsman received complaints that two closed meetings of council for the City of Elliot Lake did not fit into the closed meeting exceptions. The Ombudsman found that the meetings fit within the closed meeting exceptions except for a portion of one of the closed session discussions, which did not fit within the exception for personal matters.
Town of Deep River - October 19, 2023
The Ombudsman reviewed a complaint regarding the April 19, 2023 meeting of Council for the Town of Deep River. The complainant alleged that Council contravened the Municipal Act, 2001 (the “Act”) by holding a discussion in closed session about the Town’s organizational structure, particularly that …
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The Ombudsman reviewed a complaint regarding the April 19, 2023 meeting of Council for the Town of Deep River.
Huronia Airport Task Force - October 30, 2023
Ombudsman Report Investigation into a complaint about a meeting held by the Huronia Airport Task Force of the Town of Midland, Town of Penetanguishene, and Township of Tiny on April 19, 2022 Paul Dubé Ombudsman of Ontario October 2023 Investigation into a complaint about a meeting held by the …
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The Ombudsman reviewed a complaint that the April 19, 2022 electronic presentation of the Huronia Airport Task Force was not broadcast in the manner specified on the public notice.
The Ombudsman found that the Huronia Airport Task Force was a committee of the Town of Midland, the Town of Penetanguishene, and the Township of Tiny under each municipality’s procedure by-law. The Ombudsman determined that as the Huronia Airport Task Force materially advanced its business on April 19, 2022, the presentation was a meeting subject to the open meeting rules in each municipality’s procedure by-law. The Ombudsman found that the Town of Midland, the Town of Penetanguishene, and the Township of Tiny contravened the open meeting rules under their respective procedure by-laws when the municipalities failed to provide updated public notice regarding the changed electronic location of the Huronia Airport Task Force’s meeting on April 19, 2022, or record minutes of that meeting.
Municipality of West Elgin - September 7, 2023
The Ombudsman received a complaint that members of the public could not access the live broadcast of a meeting of council for the Municipality of West Elgin after council returned to open session from a closed session. This link opens in a new tab Read the letter (accessible PDF) … The Ombudsman …
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The Ombudsman received a complaint that members of the public could not access the live broadcast of a meeting of council for the Municipality of West Elgin after council returned to open session from a closed session.
Township of Alberton - July 12, 2023
Ombudsman Report Investigation into a complaint about a meeting held by the Township of Alberton on May 11, 2022 Paul Dubé Ombudsman of Ontario July 2023 Investigation into a complaint about a meeting held by the Township of Alberton on May 11, 2022 July 2023 1 Complaint 1 My Office received a …
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Our Office received a complaint from a person who was removed from the Township of Alberton’s May 11, 2022 hybrid council meeting because they refused to identify themselves on Zoom. The Township has a requirement that all attendees of council meetings, whether in person or virtual, must identify themselves. The purpose of this requirement in the context of virtual council meetings is to prevent “Zoom bombings”, in which uninvited individuals join a meeting and act in a disruptive manner.
The Ombudsman concluded that by removing the complainant from the meeting on May 11, 2022, the Township contravened the open meeting rules. Municipalities have an obligation to ensure that members of the public can freely access and observe open meetings and must be careful about placing conditions on their ability to do so. While not all such conditions will necessarily be a violation of the open meeting rules, in this case, requiring the public identification of all attendees was an overly intrusive measure that was not proportionate to the objective of preventing “Zoom bombings”.
City of Hamilton - June 5, 2023
The Ombudsman reviewed a complaint alleging that the Board of Trustees for the Hamilton Waterfront Trust contravened the open meeting rules on February 21, 2023 when it discussed a letter outlining the Ombudsman’s findings about previous closed meeting complaints in closed session. The Ombudsman …
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The Ombudsman reviewed a complaint alleging that the Board of Trustees for the Hamilton Waterfront Trust contravened the open meeting rules on February 21, 2023 when it discussed a letter outlining the Ombudsman’s findings about previous closed meeting complaints in closed session.