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non-disclosure agreement

City of Oshawa - July 19, 2016

239(3.1) Education or training|non-disclosure agreement|shared services|sensitive business information|council business

The Ombudsman reviewed a meeting held by council for the City of Oshawa with representatives from the Oshawa Power and Utilities Corporation (OPUC) to receive information related to a potential merger of OPUC with Veridian Corporation, a shared services provider. The meeting was closed under the education or training exception. The majority of the presentation was intended to inform council about a particular course of action that would likely come before council for a future vote. The municipality believed that the non-disclosure agreement between OPUC and Veridian meant the discussion should be held in closed session. The Ombudsman found that the purpose of the education or training exception is not to protect disclosure of sensitive business information. The Ombudsman found that the information presented and the questions asked materially advanced council’s business and decision-making. Therefore, the discussion did not fit within the education or training exception.

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The Ontario Ombudsman’s work takes place on traditional Indigenous territories across the province we now call Ontario, and we are thankful to be able to work and live on this land. 

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