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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.

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.