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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.

Our Office received two complaints about the March 7, 2016 meeting held by the OPP Contact Adhoc Committee for the City of Brockville. Both complaints alleged that the committee’s meeting with representatives of the Ontario Provincial Police did not come within the Municipal Act's closed meeting exception for “education and training” sessions. The Ombudsman determined that the committee did not contravene the Act when it went in camera to acquire education and training about the OPP costing process. However, in addition to receiving this general information from the OPP, the committee decided to advance the costing process by voting to direct staff to approach an audit firm to assess the OPP costing proposal once the city receives it. This discussion and direction to staff advanced the committee’s business and decision-making and did not fall within the “education and training” exception, or any exception, to the Municipal Act’s open meeting requirements. The Ombudsman also identified various procedural issues with the committee's practices.

The Ombudsman received a complaint that the Election Compliance Audit Committee for the City of Hamilton held a “deliberation” on July 15, 2015 that was illegally closed to the public. The Ombudsman determined that the city's Election Compliance Audit Committee falls within the Municipal Act’s definition of a “local board” and is subject to the Act’s open meeting requirements. The committee contravened the Act on July 15, 2015, when it met in private to deliberate on various applications that were before the committee. Notice of the meeting was not provided, no procedure was followed to close the meeting to the public, and even if this procedure had been followed, the committee’s discussion did not fall within any of the Act’s closed meeting exceptions.

The Ombudsman received four complaints about a meeting held by council for the City of Oshawa on December 17, 2015. Each complaint alleged that council’s meeting with the Oshawa Power and Utilities Corporation on that date did not come within the Municipal Act’s closed meeting exception for “education and training” sessions. The Ombudsman found that council for the City of Oshawa contravened the Municipal Act on December 17, 2015, when it went in camera to obtain information about a proposed merger between OPUC and Veridian. This meeting did not fall within the “education and training” exception, or any exception, to the Municipal Act’s open meeting requirements. A number of recommendations were made to assist the city in improving its open meeting practices.

We received a complaint that council for the Town of Amherstburg discussed approval of the town’s accounts payable over email during December 2014 and January 2015. We also received complaints that council discussed items in closed meetings on October 14 and 26, 2015 that did not fit within the exceptions to the open meeting rules.

We received complaints that council for Norfolk County discussed matters that did not fall within the exceptions in the Municipal Act, 2001 during closed meetings on January 19 and February 16, 2016.

The Ombudsman found that council for the Town of Midland violated the Municipal Act on September 14, 2015 when it discussed in camera matters relating to a housing development that did not fit within any exception to the open meeting rules. References during the discussion to personal matters about an individual were not the focus of the conversation and did not justify holding the discussion in camera. Council also contravened the Act when it voted on the housing matter during an illegal closed meeting. The Ombudsman found that Midland council did not contravene the open meeting rules on October 13, 2015, as its discussions fit within the exception for personal matters about an identifiable individual. On both dates, council for Midland violated a procedural requirement in the Act by failing to state by resolution the general nature of the matters to be considered in the closed sessions.

Our Office received a complaint that Greater Sudbury's council held an illegal closed meeting on April 7, 2016 when it attended a roundtable with Prime Minister Justin Trudeau.

Our Office received a complaint that Norfolk County's council-in-committee held an illegal closed meeting on December 1, 2015 when it went in camera to discuss whether to approve a legal services contract extension with two law firms. Our investigation determined that the majority of the committee's discussion did not fall within any of the exceptions to the Municipal Act’s open meeting requirements. The Ombudsman made a number of recommendations to improve local practices in the interest of transparency and accountability.

Our Office received a complaint that council for The Nation Municipality held an illegal closed meeting on August 31, 2015 when it restricted access to a council meeting to those who could fit inside the Town Hall, and prohibited individuals from using a microphone and speakers to broadcast the meeting proceedings outside in the parking lot.

We received a complaint that council for the Township of Russell discussed items in closed session on December 7, 2015, that did not fit within the exceptions to the open meeting rules. The Ombudsman found that council contravened the Municipal Act, 2001 when it discussed councillor remuneration in closed session. However, council did not contravene the Act when it went in camera to discuss changes to township employee compensation. Portions of the discussion relating to the salaries of identified municipal employees fell within the closed meeting exception for personal information about an identifiable individual. Other portions of the discussion relating to the township’s compensation strategy and proposed changes to the salary grid fell within the closed meeting exception for labour relations or employee negotiations.

We received two complaints that council for the City of London held an illegal closed meeting on June 10, 2015. Shortly after the meeting began, there was a disruption in the public gallery and members of the public were asked to leave the building. Once the security issue was resolved, the doors to City Hall remained locked to the public. While the Mayor and council believed that the meeting was open to the public, the public was not actually free to enter the building in order to access council chambers to observe the meeting. Those attempting to watch the meeting did not have access to council chambers for a significant period of time while the front doors to city hall remained locked. During this time period, the meeting was not open to the public as it should have been. The Acting Ombudsman advised the City to ensure that the public has unimpeded access to council chambers in order to observe all open meetings of council and committees, and to ensure that a formal written policy is created and implemented that sets out security protocols during meetings of council or committees.

We received a complaint that on December 14, 2015, a locked security door prevented the public from accessing the room where council for the Town of Fort Erie was holding what they thought was an open meeting of council. The Acting Ombudsman found that the locked door effectively prevented the public from accessing the meeting room. As a result, the meeting was improperly closed to the public and the public’s right to observe municipal government in process was frustrated. A number of recommendations were made to assist the town in improving its open meeting practices. ​

Our office found that discussions of a consultant's report on July 3 and July 14, 2015 fit within the personal matters exception to the open meeting requirements.

We received a complaint that council for the Municipality of St.-Charles discussed items in closed meetings on May 15, 2012, June 19, 2013, and May 29, 2014 that did not fit within the exceptions to the open meeting rules. The Ombudsman found that council for St.-Charles contravened the Municipal Act when it discussed audit reports, management letters, and other auditor findings and recommendations in closed session during each of the three meetings. Discussions of individual staff performance and conduct, which ensued as a result of the review of the audit report and management letter, fell within the exceptions for personal matters and labour relations.

We received complaints about two closed meetings held by council for the Township of Russell during the afternoon and evening of August 10, 2015. Our review found that council did not contravene the Municipal Act, 2001​ on the afternoon of August 10 when it went in camera to receive training on strategic planning because the discussion fell within the exception for education or training sessions. We also found that one matter discussed on the evening of August 10 fell within the exception for personal matters about an identifiable individual. However, our review found that three of the closed session matters discussed the evening of August 10 did not fall within any of the Act's exceptions to the open meeting requirements.

The Ombudsman found that council's April 16 closed meeting discussion regarding comments made by a councillor about staff performance did fit within the "personal matters" exception.

The Ombudsman did not find that there had been secret meetings involving members of Council prior to the passage of a by-law regarding wind turbines at the January 14, 2013 Council meeting. 

The Ombudsman found that Council's consideration of a matter involving disposition of city-owned lands in a May 21, 2013 closed session was permitted under the Act, and that the city did not violate the open meeting requirements during a meeting on March 20.