239(2)(d) Labour relations or employee negotiations

The purpose of the exception for labour relations or employee negotiations is to protect discussions relating to the relationship between a municipality and its employees. The phrase “labour relations” is interpreted expansively to include matters involving unionized or non-unionized staff, as well as remuneration outside of traditional employment arrangements.

The most evident application of the exception is for discussions around negotiation of collective bargaining agreements and contracts for non-union employees,[1] including discussions in the course of an ongoing labour dispute.[2]

The exception allows for discussion of qualifications,[3] terms of employment[4] and compensation[5] relating to specific employees. It also allows discussion of changes to staffing, workload and roles of particular employees.[6] Staff performance, conduct and discipline come within the exception,[7] as do discussions involving hiring or terminating employees.[8]

Discussions of municipal restructuring or reorganization may fall within the exception.[9] While general discussions around organizational charts do not usually fit,[10] matters relating to effects on individual positions, changes in roles, and working conditions come within the exception.[11]

The exception does not include council remuneration,[12] unless it is linked to changes in staff compensation.[13] The exception for labour relations or employee negotiations does not include discussions around the valuation[14] or auditing[15] of a municipal service or corporation.

[1] City of London, April 24, 2014
[2] Township of Black River-Matheson, January 9, 2015
[3] Township of Baldwin, December 9, 2014; Town of Amherstburg, December 15, 2014
[4] Township of Leeds and the Thousand Islands, December 6, 2013
[5] Township of Bonfield, October 30, 2013
[6] City of Welland, November 18, 2014; Village of Burk’s Falls and Armour Township, October 28, 2015
[7] Municipality of South Huron, March 2, 2015
[8] Town of Amherstburg, November 20, 2015
[9] City of Sault Ste. Marie, August 2, 2016
[10] Town of Amherstburg, September 12, 2013
[11] Town of Amherstburg, December 9, 2013; Municipality of Whitestone, November 18, 2014; Town of Amherstburg, November 20, 2015
[12] Township of Russell, April 19, 2016
[13] City of Timmins, April 9, 2014
[14] Town of Grimsby, November 14, 2016
[15] Municipality of St.-Charles, February 4, 2016

Year

Municipality

City of Kitchener - June 20, 2025

The Ombudsman investigated a closed meeting held by council for the City of Kitchener to discuss the implementation of a centralized model for operations related to certain arts and entertainment facilities. The Ombudsman found that parts of the closed session discussion fit within the exceptions for:

Information supplied in confidence by a third party at section 239(2)(i) of the Municipal Act, 2001;
Labour relations and employee negotiations at section 239(2)(d) of the Act; and
Plans and instructions for negotiations at section 239(2)(k) of the Act.

As the discussion could not have realistically been parsed, the entire discussion fit within those exceptions.