The Ombudsman investigated two closed meetings held by council for the Town of Cochrane on October 10 and October 16, 2023, where council discussed a proposed plan to encourage local development and growth by selling municipally owned land lots at a nominal fee and with a property tax rebate. The Ombudsman determined that the discussion at both meetings did not fit within the cited open meeting exception for acquisition or disposition of land, but did fit within the exception for plans and instructions for negotiations, as the Town was debating possible courses of action in ongoing negotiations with a third party relevant to the proposed plan.
Town of Cochrane - December 10, 2024
Town of Huntsville - May 15, 2023
The Ombudsman found that a closed session discussion held by the Town of Huntsville’s General Committee on September 28, 2022 regarding a proposal to lease a portion of a municipally owned recreational complex fit within the exception for plans and instructions for negotiations.
Municipality of Arran-Elderslie - March 28, 2023
Council for the Municipality of Arran-Elderslie held a closed session to discuss a pilot project with an upper-tier municipality. The Ombudsman found that the discussion fit within the exception for information supplied in confidence by a third party. The discussion involved financial and labour relations information supplied in confidence by the upper-tier municipality to the Municipality of Arran-Elderslie. The Ombudsman found that the information had been implicitly supplied in confidence and disclosure of the information could have significantly interfered with ongoing negotiations between the upper-tier municipality and other municipalities.
Township of Leeds and the Thousand Islands - July 6, 2022
The Ombudsman received a complaint alleging that the Committee of the Whole for the Township of Leeds and the Thousand Islands contravened the Municipal Act, 2001 when it received an update about negotiations with a commercial partner during a closed session. The Ombudsman was satisfied that the negotiations were ongoing at the time of the meeting and found that the matter was permitted to be discussed in closed session under the exception for plans and instructions for negotiations.
Saugeen Municipal Airport Commission - June 9, 2022
The Ombudsman reviewed a complaint that the Saugeen Municipal Airport Commission contravened the Municipal Act, 2001 when it went in camera during a meeting on September 27, 2021. The Ombudsman found that a discussion about negotiations with a client could be parsed from discussions about an agreement with municipalities and financial information.
Township of McKellar - August 4, 2021
The Ombudsman received a complaint alleging that council for the Township of McKellar improperly met in closed session on June 24, 2021, to discuss the West Parry Sound Pool and Wellness Centre contrary to the Municipal Act, 2001. The Ombudsman found that council discussed its position regarding ongoing negotiations with six municipalities and two first nation communities relating to a joint pool and wellness centre. Accordingly, this discussion was permissible under section 239(2)(k) of the Municipal Act.
Municipality of Grey Highlands - May 14, 2021
The Ombudsman received a complaint about a closed session held by council for the Municipality of Grey Highlands on October 7, 2020. Council discussed plans to proceed with negotiations to enter into a joint venture with a third party and provided staff with directions on a series of matters related to the negotiation. The Ombudsman found that the discussion was permissible under the Act’s closed meeting exception for plans and instructions for negotiations.
City of Hamilton - November 5, 2020
The City of Hamilton’s General Issues Committee met in closed session to discuss events that may take place in the city in 2022 or 2023. The committee cited the negotiations exception when it moved in camera. During the discussion the committee reviewed a confidential staff report and staff confirmed that negotiations between the city and other parties were ongoing. The committee also provided staff with direction on how to proceed in negotiations. The Ombudsman found that the four-part test for the exception for negotiations was satisfied because while in camera, the committee formulated a plan and directed staff with respect to the municipality’s ongoing negotiations regarding potential events that may take place in 2022 or 2023.
Town of Saugeen Shores - August 10, 2020
The Ombudsman received a complaint that council for the Town of Saugeen Shores contravened the Municipal Act’s open meeting requirements on July 22, November 11 and November 25, 2019. He also received a complaint that council held an informal private gathering that amounted to an illegal closed meeting on February 24, 2020. The Ombudsman’s investigation found no contraventions of the Municipal Act’s open meeting requirements.
Town of Saugeen Shores - August 10, 2020
The Ombudsman reviewed several closed meetings held by council for the Town of Saugeen Shores where council discuss ongoing lease negotiations for municipal property. The Ombudsman found that these discussions fit within the closed meeting exception for the acquisition or disposition of land.
Town of Saugeen Shores - August 10, 2020
The Ombudsman reviewed several closed meetings held by council for the Town of Saugeen Shores where council discuss ongoing lease negotiations for municipal property. In each case, council provided staff with direction on how to proceed with the ongoing lease negotiations. The Ombudsman found that these discussions fit within the closed meeting exception for plans and instructions for negotiations.
Town of Saugeen Shores - August 10, 2020
The Ombudsman reviewed a closed meeting held by council for the Town of Saugeen Shores where council discussed ongoing lease negotiations for municipal property. At this meeting, a lawyer was present to provide council with legal advice related to a draft lease agreement. In each case, council provided staff with direction on how to proceed with the ongoing lease negotiations. The Ombudsman found that this discussion fit within the closed meeting exception for advice subject to solicitor-client privilege.
Norfolk County - October 29, 2019
The Ombudsman determined that council for Norfolk County did not contravene the Municipal Act, 2001 when it went in camera on March 26 and April 2, to discuss the hiring of an interim Chief Administrative Officer (CAO). The Ombudsman found that council’s receipt of legal advice from the county solicitor regarding ongoing contractual negotiations with a candidate for the interim CAO position, fit within the exception for advice subject to solicitor-client privilege.
City of Hamilton - June 21, 2019
The City of Hamilton’s General Issues Committee met in closed session to discussion the municipality’s contribution to the local Canadian Football League (CFL) team’s bid for the Grey Cup championship game. The committee cited the negotiations exception when it moved in camera. During the discussion the committee reviewed staff’s negotiations with the CFL team up to that point, and discussed whether or not to approve a recommended financial contribution. The committee also provided staff with specific steps on how to proceed in negotiations. The Ombudsman found that the four-part test for the exception for negotiations was satisfied because while in camera, the committee formulated a plan and directed staff with respect to the municipality’s ongoing negotiations with the CFL team.
Town of Orangeville - January 24, 2014
The Ombudsman reviewed a closed meeting held by council for the Town of Orangeville that relied on the litigation or potential litigation exception to discuss the terms of a lease agreement. The owner of the property was present during the meeting. There was a very real likelihood of litigation if the lease negotiations failed. However, the Ombudsman found that the presence of the owner of the property that the municipality was seeking to acquire disqualified the discussion from fitting within the litigation or potential litigation exception.