The Ombudsman found that council for the Township of Russell did not contravene the open meeting rules in the Municipal Act, 2001 on January 29, 2024 by not livestreaming the open portion of the meeting after the closed session because members of the public could observe all open portions of the meeting in person, as provided in the Township’s procedure by-law and the public notice of the meeting. However, he encouraged the Township to consider including a clear notice on its website that the livestream of its council meetings will end when council moves into a closed session.
Section 238 of the Municipal Act, 2001 stipulates that every municipality and local board is required to pass a procedure by-law governing the calling, place and proceedings of meetings. The procedure by-law must also provide for public notice of meetings.
When a municipality decides to close a meeting or part of a meeting to the public, it has to comply not only with the requirements of the Municipal Act, 2001, but also with any additional requirements of its procedure by-law. As a municipality’s closed meeting investigator, the Ombudsman enforces the open meeting rules as well as the municipality’s procedure by-law.
The Ombudsman found that the Town of Midland, the Town of Penetanguishene, and the Township of Tiny contravened the open meeting rules under their respective procedure by-laws when the municipalities failed to provide updated public notice regarding the changed electronic location for a meeting of the Huronia Airport Task Force on April 19, 2022, and also failed to record minutes of that meeting.
The Ombudsman found that the Huronia Airport Task Force was a committee of the Town of Midland, the Town of Penetanguishene, and the Township of Tiny under each municipality’s procedure by-law, and that the Task Force’s April 19, 2022 presentation was a meeting subject to the open meeting rules.
The Municipality of Callander acknowledged that, due to an oversight, notice of a training session held by the Committee of Adjustment was not provided in accordance with the procedure by-law and terms of reference. The Municipality has since posted a calendar at the municipal office that provides notice of this Committee’s meetings. The Municipality also amended its website to remove outdated information and correctly reflect when several committees (the Culture, Heritage and Tourism Committee; the Events Committee; and the Implementation and Beautification Advisory Committee) meet. The Municipality also began consistently posting notice of meetings on its online portal and at the municipal office. The Ombudsman determined that it was unnecessary to proceed with an investigation, given the steps that the Municipality took to address the concerns raised.
The Ombudsman found that the discussion by council for the Township of Adjala-Tosorontio about the performance of an identifiable employee did not meet the stringent standard set by the procedural by-law to constitute an emergency. As such, the Ombudsman found that a meeting was not an “emergency meeting” under the procedural by-law.
The Ombudsman found issues with the Township of Adjala-Tosorontio’s procedural by-law, which did not adequately address public notice for special meetings of council.
An airport commission, which is a joint local board of four municipalities, did not have a procedure by-law. The Municipal Act requires that every local board pass a procedure by-law, and the Ombudsman found that failing to adopt a procedure by-law is a contravention of the Act.
The Ombudsman received a complaint regarding closed meetings held by the City of Cornwall’s Municipal Grants Review Committee / Working Group on November 9 and November 30, 2021. The Ombudsman’s review found that while council’s procedure by-law describes how notice shall be given for all council meetings, the by-law does not describe the type of notice required for committee meetings. The Ombudsman recommended that the City amend its by-law to set out how notice will be provided for committee meetings.
The Ombudsman reviewed a complaint that raised concerns relating to public notice for meetings held by council for the City of Brockville on October 13 and October 18, 2021. Although public notice for the meetings was posted on the City’s website, the Ombudsman found that council did not comply with subsection 238(2.1) of the Municipal Act, 2001 on October 13 and October 18, 2021 because its procedure by-law fails to provide for public notice about the calling, place and proceedings of special meetings.
The Ombudsman received a complaint alleging that meetings of the Board of Directors of the Niagara Falls Hydro Holding Corporation are improperly closed to the public in contravention of the Municipal Act, 2001. The Ombudsman’s review found that the corporation is a municipally controlled corporation and not subject to the open meeting rules found in the Municipal Act, 2001. The Ombudsman also determined that the corporation has not violated its internal meeting rules in closing its Board meetings to the public.
The Ombudsman reviewed electronic meetings held by the Saugeen Municipal Airport Commission. The Ombudsman found that the Commission is a local board subject to the open meeting rules. The Commission contravened the Municipal Act, 2001 by failing to pass a procedure by-law governing its meetings and failing to provide adequate notice of its meetings. The Ombudsman further found that the Commission did not adequately notify members of the public about how to request readmission to the portion of an open meeting following a closed session. The Ombudsman commended the Commission’s efforts to increase transparency through changes to its public notice process and adoption of a formal procedure to ensure that observers are adequately informed about how to observe portions of a meeting occurring after a closed session. The Ombudsman recommended that the Commission adopt a procedure by-law providing for public notice of all meetings and that the Commission ensure the public is able to observe all open portions of meetings.
The Ombudsman reviewed meetings held by two working groups for the Township of Lucan Biddulph. Both working groups were informal and lacked operating polices or procedures. The Ombudsman acknowledged and applauded the Township’s choice, made prior to our investigation, to dissolve these groups and replace them with a formal committee. The Ombudsman recommended that the Township formally establish all committees by by-law, and ensure that all meetings are conducted in accordance with the open meeting rules.
The Ombudsman reviewed meetings held by the Baconfest Committee for the Township of Lucan Biddulph. The Ombudsman found that the Baconfest Committee is a committee of council subject to the open meeting rules, since it was formally established as one in the Township’s appointments by-law. The municipality failed to post notice of, or record meeting minutes for, its Baconfest Committee meetings. The Ombudsman recommended that the Township formally establish all committees by by-law, and ensure that all meetings are conducted in accordance with the open meeting rules.
The Ombudsman reviewed a meeting of council for the Township of Brudenell, Lyndoch and Raglan. The Ombudsman found that the Township's procedure by-law did not reflect the current procedural requirements of the Municipal Act, 2001. The Ombudsman recommended that the Township make several amendments to its procedure by-law, including that public notice be provided for all regular and special council and committee meetings; that council pass a resolution about the general nature of the matter to be considered in camera before going into closed session; and that council prohibit voting in camera except for procedural matters or for giving directions to staff.
The Ombudsman investigated the meeting practices of the Greater Napanee BIA, who had been holding electronic meetings in light of the COVID-19 pandemic. The Ombudsman’s investigation found no evidence that the BIA had amended its procedure by-law to allow electronic participants to count for quorum. The Ombudsman urged the Greater Napanee BIA to ensure that its meetings are in compliance with the Municipal Act’s quorum requirements.
The Ombudsman reviewed complaints about a meeting held by the Township of Southgate Fire Department Advisory and Support Committee. The township’s procedure by-law provided for the adjournment of any meeting where quorum was not achieved within 30 minutes of the scheduled start time. The committee achieved quorum more than 30 minutes after the scheduled start time, and proceeded to discuss fire services in a manner that materially advanced the business of the municipality. The Ombudsman found that while the township contravened its procedure by-law, the meeting was not illegally closed to the public. The Ombudsman recommended that the township ensure all meetings are conducted in accordance with the open meeting rules and its procedure by-law.
The Ombudsman received a complaint regarding two closed meetings of council for the Municipality of West Nipissing. The complaint alleged that the April 20, 2019 special meeting held by teleconference, and the May 26, 2019 in camera council meetings were not audio or video recorded, contrary to requirements in the municipality’s procedure by-law. The Ombudsman’s review found that the April 20, 2019 meeting was the first closed council meeting held remotely due to the COVID-19 pandemic, and that due to inadvertence, no audio or video recording was taken of these meetings as no one participated from council chambers where the recording equipment was located. The Ombudsman also found that all closed meetings after May 26, 2019 have been recorded in accordance with the procedure by-law, and that the municipality has apologized for the recording oversight at a recent council meeting.
The Ombudsman found that the change in the start time of the City of Hamilton’s City Manager recruitment Steering Committee on February 9, 2019, did not violate the Municipal Act, 2001 or the city’s procedure by-law, as it was within the notice requirement set out in the by-law. However, the Ombudsman noted that the city failed to ensure that the new meeting start time was updated in all areas on its website.
The Ombudsman received a complaint about a special meeting held by the Municipality of Lambton Shores on April 15, 2019. The complaint alleged the public did not receive notice for the special meeting held by council at 12:00 p.m. The municipality posted the public notice for the special meeting on April 14 at 6:40 p.m. on the municipality’s website, in accordance with its procedure by-law. The municipality’s procedure by-law allowed for public notice of special meetings to be provided “as soon as practical.” The Ombudsman provided best practice suggestions related to the procedure by-law and requiring a public notice period for special meetings.
The Ombudsman investigated the closed sessions of a meeting of council for the Regional Municipality of Niagara on December 7, 2017. The Region’s procedure by-law indicated that a closed session is to be held after “other business.” The Ombudsman found that a strict reading of the procedure by-law would appear to fetter council’s ability to enter into closed sessions as circumstances arise during the course of an open council meeting. The Ombudsman recommended the Region amend its procedure by-law to clarify council’s authority to exercise discretion to hold a closed session outside of a set agenda order. The Ombudsman also recommended the Region update the by-law to reflect all of the closed meeting exceptions in the Municipal Act, 2001.
The Ombudsman reviewed a closed meeting held by council for the Village of Casselman. The Ombudsman noted that council failed to report back after the closed session, as required by the municipality’s procedure by-law. Accordingly, the Ombudsman found the municipality to be in violation of its own procedure by-law and recommended that council report back in open session following its in camera meetings.
The Ombudsman reviewed closed meetings of council for the Village of Casselman. The Ombudsman noted that the municipality’s procedure by-law did not reflect the mandatory closed meeting provisions in sections 239(3)(a) and (b) of the Municipal Act, 2001. Moreover, the procedure by-law did not reflect the Village’s current meeting practices. The Ombudsman recommended that the municipality update its procedure by-law accordingly.
The Ombudsman reviewed a special meeting held by council for the Township of the North Shore. Notice of the meeting was posted on bulletin boards located within the municipality but not on the municipality’s website. The Ombudsman noted that the municipality’s procedure by-law was silent on public notice for special meetings. The Ombudsman found that the posted notice on the bulletin board was sufficient. However, the Ombudsman recommended that the township amend its procedure by-law to formalize its general practice of posting notice on the bulletin boards and online.
The Ombudsman reviewed a closed meeting held by council for the Township of the North Shore. The resolution to proceed into closed session listed “fighter’s honourarium” as the sole topic. Once in closed session, council also discussed a communications protocol between the fire department and staff. The Ombudsman noted that the municipality’s procedure by-law requires that only business dealing directly with the agenda be transacted at a closed meeting. The Ombudsman found that the resolution to proceed in camera should have included more information about the subject matter to be discussed during the closed session.
The Ombudsman reviewed meetings held by the Waste Management Advisory Committee for the City of Hamilton. The committee is a committee of council subject to the open meeting rules, as at least 50% of its members are members of council. The municipality failed to post notice of two meetings of the committee in contravention of the Act. While the municipality posted a regular meeting time for the committee on its website, it did not indicate a location. The two meetings in question also took place at a time different from that posted. The Ombudsman recommended the municipality ensure it always provide notice before meetings of the committee, and that the municipality amend its procedure by-law to provide for notice of advisory committee meetings.
The Ombudsman reviewed a meeting of council for the Township of Tehkummah. Notice of the meeting was provided one day prior and stated that it was an emergency meeting. The Ombudsman found that the municipality failed to provide proper notice of the meeting since the procedure by-law required notice be posted at the municipal office two days prior to a meeting. The Ombudsman also found that the procedure by-law was silent on the calling of emergency meetings.
The Ombudsman reviewed a closed meeting held by the General Government Committee for the Municipality of St.-Charles. The Ombudsman found a number of deficiencies with the municipality’s procedure by-law. For example, despite reference to the closed meeting exceptions being listed in Schedule C, this schedule did not actually contain the Municipal Act’s exceptions. The Ombudsman recommended that council for the municipality update its procedure by-law to reflect the open meeting provisions of the Municipal Act, 2001.
The Ombudsman reviewed closed meetings held by the General Government Committee for the Municipality of St.-Charles to discuss allegations regarding credit card abuse. The Ombudsman found that the municipality’s procedure by-law failed to reflect the open meeting provisions of the Municipal Act, 2001, despite a previous recommendation from the Ombudsman to the municipality to update its procedure by-law in this respect. The Ombudsman reiterated the recommendation.
The Ombudsman reviewed a closed meeting held by council for the Township of Alfred and Plantagenet to discuss various matters, including a proposed organizational study. The township’s procedure by-law states that the presiding officer of a closed meeting may, after its adjournment, report to council the decisions made at the meeting. During the closed portion of the meeting in question, council for the township passed a resolution to retain a consultant to conduct an organizational study of the municipality. The open meeting minutes did not record any reporting back of the in camera proceedings, other than a resolution that the “meeting be reopened to the public.” The Ombudsman found that the township’s practice of not reporting back failed to provide even a general idea of what was discussed in camera. The Ombudsman recommended that the township report back after closed sessions and provide general information about what occurred in camera.
The Ombudsman reviewed a closed meeting held by the Niagara District Airport Commission to discuss airport fee negotiations and related airport upgrades. The Ombudsman found that the commission’s procedure by-law failed to reflect amendments to the open meeting exceptions in the Municipal Act, 2001 and included reasons for meeting in camera that are not consistent with the exceptions found in the Act. The Ombudsman recommended that the commission update its procedure by-law to accurately reflect the closed meeting exceptions found in the Municipal Act, 2001.
The Ombudsman reviewed a meeting held by the Nuclear Waste Community Liaison Committee for the Township of Hornepayne. Notice of the meeting was not provided. The Ombudsman found that the municipality’s procedure by-law failed to provide specific notice provisions for committees and did not include all of the exceptions to the open meeting rules contained in the Municipal Act, 2001. The Ombudsman recommended that the municipality update its procedure by-law to accurately reflect the closed meeting exceptions and provide notice of committee meetings.
The Ombudsman reviewed a special meeting held by council for the Municipality of West Nipissing. Notice of the meeting was provided on the same day of the meeting. The procedure by-law did not address notice of special meetings. The general practice of the municipality was to post notice of a special meeting on a bulletin board and on the municipal website. The Ombudsman recommended that the municipality include provisions for providing public notice of special meetings in its procedure by-law.
The Ombudsman reviewed a closed meeting held by the Walkerton Business Improvement Area (BIA) for the Municipality of Brockton. The BIA had adopted the municipality’s procedure by-law. The Ombudsman found that the BIA’s procedure by-law was deficient as it did not account for the BIA’s specific procedures and did not include recent changes to the Municipal Act, 2001. The Ombudsman recommended that the BIA update its procedure by-law to ensure that it reflects the specific practices of the board and the closed meeting rules.
The Ombudsman reviewed a closed meeting held by the Ontario Provincial Police Contact Adhoc Committee for the City of Brockville. The Ombudsman found that the municipality had failed to amend its procedure by-law since 1994 and did not require notice for all of the municipality’s meetings. The Ombudsman recommended that the municipality engage in a comprehensive review of its procedure by-law and update it to reflect the current state of the Municipal Act, 2001.
The Ombudsman reviewed several meetings held by council for the Village of Casselman. The Ombudsman recommended that the Village of Casselman include provisions for providing public notice of special meetings in its procedure by-law.
The Ombudsman reviewed several closed meetings held by council for the Township of Chamberlain. The Ombudsman recommended that the municipality update its procedure by-law to reflect council’s current meeting schedule, provide for public notice, and reflect the actual wording of all open meeting exceptions of the Municipal Act, 2001.
The Ombudsman reviewed several closed meetings held by council for the Township of McMurrich/Monteith. The Ombudsman found that the municipality violated its procedure by-law by extending a closed meeting past its 11 p.m. curfew. The Ombudsman recommended that the municipality update its procedure by-law to provide for public notice of all meetings, including special meetings.
The Ombudsman reviewed a special meeting held by council for the City of Elliot Lake. Notice of the meeting was initially provided via the municipal website and posted on a bulletin board, but was removed and reposted the next day. The procedure by-law requires notice of a special meeting be provided as soon as reasonably possible. The Ombudsman found that in this case, notice was provided in accordance with the procedure by-law. The Ombudsman recommended that the municipality update its procedure by-law to reflect council’s practice of providing notice to the public of special meetings through posting meeting agendas on the website and in the municipal office, as well as by alerting the media.
The Ombudsman reviewed a closed meeting held by council for the Municipality of Central Huron. The Ombudsman found that the municipality failed to audio record or video record the session in accordance with the requirements of its procedure by-law. The Ombudsman recommended that council ensure compliance with its own procedure by-law and immediately begin audio recording or video recording its closed meetings.
The Ombudsman reviewed a closed meeting held by council for the City of Niagara Falls to discuss possibly partnering with a post-secondary institution to apply for development funding. The Ombudsman found a number of issues with the municipality’s procedure by-law. The Ombudsman recommended that the municipality update its procedure by-law to reflect updated notice provisions for regular and special council meetings, public posting of agendas for open and closed sessions, and council’s practice of meeting at 5:00 p.m. for regular meetings.
The Ombudsman reviewed a meeting held by the Committee of the Whole for the Township of Black River-Matheson. The meeting agenda did not include the fact that the meeting included a closed session or the location of the meeting. The meeting was not held in council chambers, but rather in an arena to accommodate a higher public turnout. The municipality’s general practice was to post notice on a bulletin board and on the municipal website. The Ombudsman found that the municipality failed to provide sufficient notice of the meeting because it failed to include the location of the meeting. The Ombudsman recommended that the municipality’s procedure by-law should explicitly provide for notice to the public of regular or special meetings.
The Ombudsman reviewed a special meeting held by council for the Town of Moosonee. Notice was provided on a bulletin board. The procedure by-law requires that notice of all meetings be provided on the bulletin board as well as a local community TV channel. The Ombudsman found that notice of the special meeting was not provided on the community TV channel because of a lack of time. The Ombudsman found that the municipality failed to provide notice in accordance with the procedure by-law. The Ombudsman recommended that the procedure by-law address notice requirements for special meetings specifically. The Ombudsman also recommended that short-notice meetings be called only in the case of a genuine emergency in order to maximize public knowledge of and attendance at the meeting.
The Ombudsman reviewed a closed meeting held by council for the City of Owen Sound to discuss funding for an MRI machine. The Ombudsman made recommendations to improve the municipality’s closed meeting practices and procedures. The Ombudsman recommended that the municipality update its procedure by-law to provide notice of special meetings and to create a process for adding items to the meeting agenda.
The Ombudsman reviewed a meeting held by the Personnel Committee of Council for the Township of Leeds and the Thousand Islands. Public notice of the meeting was not provided. The municipality’s procedure by-law did not apply to committees, however the Ombudsman found that committees must also comply with the open meeting requirements of the Municipal Act, 2001.
The Ombudsman reviewed a meeting held by the Niagara Central Airport Commission. The Ombudsman found that the Niagara Central Airport Commission is a local board subject to the open meeting rules. The Ombudsman recommended that the Commission enact a procedure by-law governing meetings in accordance with the Municipal Act, 2001.
The Ombudsman reviewed a meeting held by the Planning Committee for the Town of Larder Lake. The Ombudsman recommended that the town amend its procedure by-law to address the open meeting practices of committees and to require public notice of all meetings.
The Ombudsman reviewed a meeting held by the Minor Variance Committee for the Township of Russell. The Ombudsman found that the Minor Variance Committee is a local board for the purposes of the open meeting provisions. Therefore, the Minor Variance Committee must comply with the open meeting rules, including having a procedure by-law that provides for public notice of meetings. The Ombudsman recommended that the municipality adhere to the Municipal Act, 2001 by implementing a procedure by-law for the Minor Variance Committee.
The Ombudsman reviewed a meeting held by the Minor Variance Committee for the Township of Russell. Notice was provided in accordance with the Planning Act. The Ombudsman found that the committee is a local board for the purposes of the Municipal Act, 2001 and must comply with the open meeting requirements, including notice. Although, public notice was provided under the Planning Act, the Ombudsman recommended that a procedure by-law be enacted to set out public notice requirements for the committee in accordance with the Municipal Act.
The Ombudsman reviewed several closed meetings held by the Ad Hoc Heritage Committee for the Town of Mattawa. The Ombudsman recommended that the municipality update its procedure by-law to include provisions addressing public notice, format of meeting agendas, and procedures for emergency discussions. He also recommended that the procedure by-law accurately reflect the closed meeting exceptions found in the Municipal Act, 2001.
The Ombudsman reviewed several meetings held by the Ad Hoc Heritage Committee for the Town of Mattawa. The Ombudsman found that the committee failed to provide notice of its meetings in violation of the Municipal Act, 2001. The Ombudsman recommended that the municipality’s procedure by-law provide for public notice of meetings. As a best practice, municipalities are encouraged to list all items on the agenda and a description of the items to be discussed in closed session.
The Ombudsman reviewed a closed meeting held by council for the Township of Baldwin. The Ombudsman found that the municipality’s procedure by-law failed to adhere to the requirements of the Municipal Act, 2001 in a number of ways, including authorizing council to meet in closed session for reasons beyond the exceptions contained in the Act. The Ombudsman recommended that the municipality update its by-law to require notice for all meetings, properly reflect the Act’s closed meeting exceptions, establish agenda procedures, and require complete and accurate records for all council meetings.