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In addressing the changes proposed by Bill 57, I will devote most of my comments to those amendments that affect the Office of the Ombudsman of Ontario, and the Ombudsman Act. Most notable among these are amendments that will expand the mandate of this office into areas that are presently within the mandate of my fellow Officers of the Legislature, the Provincial Advocate for Children and Youth (Child Advocate) and the French Language Services Commissioner.

The Ombudsman received a complaint about the June 12, 2018 closed meeting of the Policy Review Committee for the Town of Carleton Place. The complaint alleged that the committee’s discussion about the sale of two municipally-owned properties and a related discussion regarding water and sewer services did not fit within the “acquisition or disposition of land” exception in the Municipal Act, 2001. The Ombudsman found that the closed session fit within the exception.

The Ombudsman received a complaint that one regular meeting of council, four special meetings of council and two committee of the whole meetings were held without posting notice online, as required by the procedure bylaw.

The Ombudsman received a complaint about the August 8, 2018 closed meeting of the board of directors for the Owen Sound Downtown Improvement Area.

The Ombudsman investigated a complaint about two information sessions on March 7, 2018 attended by a quorum of council for the Village of Casselman. During these sessions, the council members in attendance received information and updates with respect to the business of the municipality. However, his investigation did not uncover evidence that the council members in attendance at the sessions “materially advanced” the business or decision-making of council. These sessions were therefore not “meetings” under the definition in the Municipal Act, 2001 that came into force on January 1, 2018. In the interests of openness and transparency, the Ombudsman suggested that council members receive information and updates about the business of the municipality during public meetings of council.

The Ombudsman received a complaint that council for the Town of Deep River held a vote in closed session on May 16, 2018 that did not comply with the open meeting rules.

The Ombudsman received a complaint that an informal meeting of council occurred after the April 16, 2018 meeting of council.

Investigation into a meeting of council for the Regional Municipality of Niagara on December 7, 2017. 

The Ombudsman received a complaint about a closed meeting of council for the Village of Casselman on January 9, 2018 and about discussions that took place among council members at town hall on January 11, 2018. The Ombudsman found that council for the Village did not violate the open meeting rules when it went into closed session to discuss human resources matters on January 9, 2018 and when a quorum of councillors had informal discussions at town hall on January 11, 2018. However, the Ombudsman made best practice suggestions relating to the Town’s closed meeting procedures.

The Ombudsman received complaints about three meetings of council for The North Shore, alleging that subjects discussed in the December 13, 2017 and February 7, 2018 closed sessions did not fit within the “personal matters” exception, and that the resolution on December 13, 2017, to proceed into closed session did not include all matters discussed. The complaint also alleged the township did not give notice of a special meeting held on February 14, 2018. The Ombudsman found that the subject matters discussed by council on December 13, 2017, fit within the exceptions in the Municipal Act, but that the township  failed to include all subject matters discussed during the closed session in the resolution to proceed into closed session. He also found that council violated the Municipal Act during the closed session on February 7, 2018, when it discussed how to fill a council vacancy. The Ombudsman found that the township did provide public notice of its February 14, 2018 meeting, but recommended that the township amend its procedure bylaw to formalize its general practices for giving notice.

The Ombudsman received three complaints that several closed meetings held by council for the Town of Amherstburg and the Joint Police Advisory Committee did not comply with the open meeting rules in the Municipal Act. The Joint Police Advisory Committee does not fall under the definition of “committee” under the Municipal Act, so the Ombudsman used his general jurisdiction over municipalities to consider whether the committee violated its terms of reference. The Ombudsman found the committee failed to comply with its terms of reference in closing several meetings using the security of the property exception. The Ombudsman found council violated the Municipal Act in closing a meeting under the security of the property exception but did not violate the Act by closing another meeting under the personal matters exception. 

When a woman hit a pothole on a county road that damaged her vehicle, she tried to seek reimbursement.

A man contacted us after getting no response to a complaint about his local Chief Building Official.

A woman renting a basement apartment sought our help after a municipal construction crew broke a water pipe near her unit, flooding her apartment and damaging her belongings.

We helped a man who waited more than a year to hear back from his municipality about purchasing a portion of the laneway behind his house.

A mall developer told us that local councillors were interfering with the development of her project, but she believed the municipality did not have a code of conduct or integrity commissioner.

We referred a man to the right internal complaint mechanism at the Office of the Children’s Lawyer so he could voice concerns about delays in receiving documents and in setting his court date, all of which resulted in added legal costs for him.

A man serving weekend time in jail who required anxiety medication three times a day sought our help because the correctional facility would not give him his medication on Saturday mornings when he arrived, or on Sunday evenings before he left.

We helped a woman from Manitoba who had struggled for six months to get Legal Aid Ontario to recognize her approval for legal aid in a custody case in Ontario.

A woman who broke her collarbone before she was sent to jail complained to us that she had been waiting for eight days for a sling for her arm.