commercial information | Ombudsman Ontario

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.

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City of Greater Sudbury - March 3, 2023

The Ombudsman found that council for the City of Greater Sudbury’s closed session discussion of third-party commercial and financial information on July 12, 2022 fit within the exception for information supplied in confidence by a third party. The Ombudsman found that the third-party information, which related to bids for a proposed municipal project, was supplied in confidence and that the public disclosure of the information could prejudice significantly the bidders' competitive positions in the bidding process or interfere with their contractual or other negotiations.

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Bruce County - May 20, 2022

239(2)(i) Information supplied in confidence by a third party|commercial information|financial information

The Ombudsman considered the applicability of the exception for information supplied in confidence by a third party to Bruce County Executive Committee’s in camera discussion on January 10, 2019. The Ombudsman found that the discussion did not fit within this exception to the open meeting rules because none of the information discussed fell into the categories listed in s. 239(2)(i) of the Municipal Act, 2001 such as financial or commercial information.

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Township of Leeds and the Thousand Islands - April 5, 2022

239(2)(i) Information supplied in confidence by a third party|commercial information|technical information

The Ombudsman reviewed a complaint that council for the Township of Leeds and the Thousand Islands contravened the Municipal Act, 2001 when it went in camera on August 11, 2020. Council’s in camera discussion pertained to a study report and a funding application, both related to an internet broadband project.
The Ombudsman found that the study report was not information belonging to a third party under s. 239(2)(i). The Ombudsman found that council’s discussion about the study report was nonetheless permissible under the exception at s. 239(2)(j), information belonging to the municipality. However, council contravened the Act by discussing the funding application in closed session and by holding a vote by consensus on this matter. Furthermore, prior to moving in camera, council failed to state in its resolution the general nature of the matter to be considered as required by s. 239(4).

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Township of Leeds and the Thousand Islands - April 5, 2022

239(2)(j) Information belonging to the municipality|commercial information|technical information

The Ombudsman reviewed a complaint that council for the Township of Leeds and the Thousand Islands contravened the Municipal Act, 2001 when it went in camera on August 11, 2020. Council’s in camera discussion pertained to a study report and a funding application, both related to an internet broadband project.
The Ombudsman found that council’s discussion about the study report was permissible under the exception at s. 239(2)(j), information belonging to the municipality. However, council contravened the Act by discussing the funding application in closed session and by holding a vote by consensus on this matter. The discussion about the funding application had no clear monetary or potential monetary value, as required by s. 239(2)(j). Furthermore, prior to moving in camera, council failed to state in its resolution the general nature of the matter to be considered as required by s. 239(4).

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City of Greater Sudbury - May 12, 2021

239(2)(i) Information supplied in confidence by a third party|commercial information|competitive position (significantly prejudiced)|harm (established)|negotiation (significant interference with)

The Ombudsman reviewed a closed session meeting held by the City of Greater Sudbury where council discussed a project proposed by a third party. Council received confidential commercial and financial information belonging to third parties. As the proposed project remained ongoing, this information could have prejudiced the parties’ competitive position and negotiations if it were disclosed. Accordingly, the Ombudsman found that this topic fit within the exception.

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