Skip to main content
Ombudsman Ontario Home

Ombudsman Ontario

Secondary navigation

  • About us
  • Contact us
  • News
  • Careers
Français
Français

Main navigation

  • Make a complaint
    • What you can expect
    • What we can help you with
    • File your complaint
    • Frequently asked questions
  • Help for…
    • Indigenous people
    • Children, youth and families
    • French speakers
  • Our work
    • Case stories
    • Investigations
    • Annual reports
    • Municipal meetings
    • Submissions to government
    • Brochures, posters and resources
    • Outreach and engagement
  • Info for public bodies and officials
    • What to expect if we contact you
    • Members of Provincial Parliament
    • Provincial government
    • Municipal government
    • Services for children and youth
    • Services for French speakers
    • School boards
    • Training and education
    • Questions and inquiries

Main navigation

  • Make a complaint
    • What you can expect
    • What we can help you with
    • File your complaint
    • Frequently asked questions
  • Help for…
    • Indigenous people
    • Children, youth and families
    • French speakers
  • Our work
    • Case stories
    • Investigations
    • Annual reports
    • Municipal meetings
    • Submissions to government
    • Brochures, posters and resources
    • Outreach and engagement
  • Info for public bodies and officials
    • What to expect if we contact you
    • Members of Provincial Parliament
    • Provincial government
    • Municipal government
    • Services for children and youth
    • Services for French speakers
    • School boards
    • Training and education
    • Questions and inquiries

Secondary navigation

  • About us
  • Contact us
  • News
  • Careers
Ombudsman Ontario Home

Ombudsman Ontario

Français
  1. Info for public bodies and officials
  2. Municipal government
  3. Open meetings: Case digest
  4. Keyword Directory
  5. passing reference

passing reference

City of Cornwall - December 20, 2024

239(2)(d) Labour relations or employee negotiations|passing reference|strategic plan

The Ombudsman found that council for the City of Cornwall contravened the Municipal Act, 2001 on November 4, 2023, when it held an all-day strategic planning session in camera, citing several open meeting exceptions, including the exception for labour relations or employee negotiations. The Ombudsman found that since only brief comments were made related to working conditions and recruitment within the municipality, the exception for labour relations did not apply to this portion of the closed session discussion.

Read the Report

United Counties of Leeds and Grenville - November 27, 2024

239(2)(d) Labour relations or employee negotiations|committee|employee|hiring|passing reference|staff position (new)|staff report

The Ombudsman determined that the closed session discussion held on July 5, 2023 by the Committee of the Whole for the United Counties of Leeds and Grenville regarding changes to the public fundraising policy, which included the creation of a new staff position, did not fit within the exception for labour relations and employee negotiations because the discussion was not about the Counties’ relationship with any current or future employees and reference to an existing staff role was made only in passing. The Ombudsman concluded that this portion of the Committee’s closed session discussion contravened the Municipal Act, 2001.

Read the Report

United Counties of Leeds and Grenville - November 27, 2024

239(2)(b) Personal matters|Parse discussion|committee|corporation|identifiable individual|naming rights|passing reference|personal information|staff report

The Ombudsman found that only a portion of the closed session discussion held on July 5, 2023 by the Committee of the Whole for the United Counties of Leeds and Grenville regarding a fundraising update fit within the exception for personal matters about an identifiable individual. The Ombudsman determined that information about individual (but not corporate) donors and their wishes constituted personal matters about identifiable individuals, and that the portion of the discussion regarding internal communications that included individual donor information could not have been parsed further. Accordingly, this portion of the closed session discussion fit within the exception for personal matters. However, other portions of the Committee’s closed session discussion, in particular whether or not to discuss the fundraising update in closed session and changes to the public fundraising policy, only contained passing references to identifiable individuals and could have been held in open session. Accordingly, those portions did not fit within this exception or any other exception, and the Ombudsman concluded that the Committee contravened the Municipal Act, 2001.

Read the Report

Towns of Grimsby and Lincoln and Township of West Lincoln - September 18, 2024

passing reference|termination|amalgamation

The Ombudsman investigated a joint meeting held by the councils for the Town of Grimsby, the Town of Lincoln and the Township of West Lincoln. During the closed session, the discussion may have touched on the termination of municipal staff. The Ombudsman found that termination of staff was not the main focus of the discussion and was only briefly mentioned. A brief or passing reference to information that would fit into one of the open meeting exceptions (such as the exception for labour relations) is not sufficient to bring an entire discussion into an exception.

Read the Report

Towns of Grimsby and Lincoln and Township of West Lincoln - September 18, 2024

passing reference|termination|amalgamation

The Ombudsman investigated a joint meeting held by the councils for the Town of Grimsby, the Town of Lincoln and the Township of West Lincoln. During the closed session, the discussion may have touched on the termination of municipal staff. The Ombudsman found that termination of staff was not the main focus of the discussion and was only briefly mentioned. A brief or passing reference to information that would fit into one of the open meeting exceptions (such as the exception for labour relations) is not sufficient to bring an entire discussion into an exception.

Read the Report

Towns of Grimsby and Lincoln and Township of West Lincoln - September 18, 2024

passing reference|termination|amalgamation

The Ombudsman investigated a joint meeting held by the councils for the Town of Grimsby, the Town of Lincoln and the Township of West Lincoln. During the closed session, the discussion may have touched on the termination of municipal staff. The Ombudsman found that termination of staff was not the main focus of the discussion and was only briefly mentioned. A brief or passing reference to information that would fit into one of the open meeting exceptions (such as the exception for labour relations)is not sufficient to bring an entire discussion into an exception.

Read the Report

Township of Lanark Highlands - September 4, 2021

239(2)(c) Acquisition or disposition of land|land transaction|passing reference

The Ombudsman received a complaint alleging that council for the Township of Lanark Highlands contravened the Municipal Act’s open meeting requirements during a meeting on September 22, 2020. The complaint alleged that council’s discussion did not fit within the exceptions to the open meeting rules in the Municipal Act, 2001. The Ombudsman’s investigation determined that the proposed land transaction was mentioned briefly to provide context for a conversation about the governance of a local association but was not otherwise discussed. The Ombudsman therefore found that the exception for acquisition or disposition of land would not apply.

Read the Report

City of St. Catharines - February 14, 2019

239(2)(k) Plans and instructions for negotiations |employee|staff position (new)|negotiation (to be carried on)|negotiation (none)|passing reference|hiring

The Ombudsman reviewed a closed meeting held by council for the City of St. Catharines to discuss a proposed staff position, government relations adviser. The meeting was closed under the negotiations exception. During the discussion, there were passing references to municipal projects involving the provincial government that could potentially become part of the new position’s portfolio of responsibilities. The Ombudsman found that the discussion did not fit within the negotiations exception because it focused on determining the role and nature of a new staff position, including employment details, rather than specifically formulating a detailed course of action with respect to current or future negotiations involving municipal-provincial projects. In addition, the discussion did not involve any information that could undermine the city’s bargaining position in future negotiations.

Read the Report

Municipality of Northern Bruce Peninsula - May 28, 2018

239(2)(f) Solicitor-client privilege|land titles|legal advice (previously obtained)|legal advice (conveyed by staff)|passing reference

The Ombudsman reviewed a closed meeting of council for the Municipality of Northern Bruce Peninsula to discuss an application made under the Land Titles Act for a property located within the municipality. During the Ombudsman’s review, the municipality raised the solicitor-client advice exception as applicable to the closed meeting. During the meeting, staff briefly referenced legal advice that the municipality had previously received. The Ombudsman found that the legal advice was only briefly mentioned and not discussed further by council. Accordingly, the discussion did not fit within the solicitor-client advice exception.

Read the Report

Township of Lanark Highlands - January 4, 2018

239(2)(f) Solicitor-client privilege|legal advice (written)|passing reference

The Ombudsman reviewed a closed meeting held by council for the Township of Lanark Highlands which relied on the exception for solicitor-client privilege to discuss the municipality’s staff-council communication structure. During the closed session, council discussed written legal advice from the municipality’s solicitor that touched upon several matters. The Ombudsman found that council’s discussion generally focused on the legal opinion, however several times council’s discussion went beyond the written legal advice and into other matters. The Ombudsman found that the portion of council’s discussion beyond the written legal advice did not fit within the solicitor-client privilege exception.

Read the Report

Township of Lanark Highlands - January 4, 2018

239(2)(f) Solicitor-client privilege|legal advice (written)|passing reference

The Ombudsman reviewed a closed meeting held by council for the Township of Lanark Highlands that relied on the exception for solicitor-client privilege to discuss financial software on a municipal-wide basis. During the closed session, council received written legal advice on several topics. There was no legal advice received on the financial software. The municipality suggested that the discussion about the software was merely incidental to its consideration of legal advice received on another topic. The Ombudsman found that council’s discussion about the financial software was neither brief or incidental to its discussion about the legal advice. Therefore, that portion of council’s discussion did not fit within the solicitor-client privilege exception.

Read the Report

Township of Laird - January 24, 2017

239(2)(b) Personal matters|identifiable individual|passing reference|Parse discussion

The Ombudsman reviewed a closed meeting held by the Laird Fairgrounds Management Board to discuss an incident at a horse arena that involved township employees, members of the board, and members of the public. The meeting was closed under the personal matters exception. The board’s discussion identified individuals by name and referred to allegations about conduct outside the scope of the individuals’ official roles. The Ombudsman found that the board referenced information in camera that had been discussed during the open portion of the meeting, but this was incidental to the main discussion, which focused on personal information.

Read the Report

Township of Leeds and the Thousand Islands - September 8, 2016

239(2)(b) Personal matters|identifiable individual|passing reference|employment history|Parse discussion|chief administrative officer (CAO)

The Ombudsman reviewed a closed meeting held by council for the Township of Leeds and the Thousand Islands to discuss the assignment of the Chief Administrative Officer’s (CAO) duties. The meeting was closed under the personal matters exception. The discussion focused on the specific skills and work experience of identified employees who were being considered for the interim CAO role. There was a brief mention of the CAO hiring process which was incidental to the main discussion. The Ombudsman found that the meeting fit within the personal matters exception because council discussed the qualification of identifiable individuals. The Ombudsman found that general consideration of the CAO hiring process would not have fit within this exception, however any such discussions were brief and incidental to the main discussion.

Read the Letter

City of Owen Sound - June 5, 2014

239(2)(b) Personal matters|member of the public|passing reference

The Ombudsman reviewed a closed meeting held by council for the City of Owen Sound that relied on the personal matters exception to discuss withdrawing a funding pledge to a local hospital for the purchase of an MRI machine. During the discussion, the mayor mentioned meeting with an identified individual from local health services. The Ombudsman found that a passing reference or general remark made about a meeting between a member of council and a member of the public in his or her professional capacity does not bring a discussion within the parameters of the personal matters exception.

Read the Letter

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. 

Ombudsman Ontario Home

Ombudsman Ontario

483 Bay Street
10th floor, South Tower
Toronto, ON M5G 2C9

Toll-free (Ontario only): 1-800-263-1830
Outside Ontario: 416-586-3300
info@ombudsman.on.ca

Footer menu

  • Make a complaint
  • Help for...
  • Our work
  • About us
  • Careers

Make a complaint

  • Info for public bodies and officials
  • News

Footer buttons

  • Sign up for our newsletter
  • Contact us

Follow us

All contents © 2025 Ombudsman Ontario. All rights reserved.

Footer Utility

  • Site map
  • Accessibility