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Investigation into Laurentian University’s cuts to French-language programming during restructuring and into the administration of the university’s designation by the Ministry of Francophone Affairs and the Ministry of Colleges and Universities

The Ombudsman investigated two closed meetings held by council for the Township of McMurrich/Monteith on June 8 and July 6, 2021. The Ombudsman found that council did not contravene the Municipal Act, 2001 when it held a closed meeting on June 8, 2021 since part of the discussion fit under the exception for solicitor-client privilege and the rest of the discussion fit under the exception for plans or instructions for negotiations. The Ombudsman found that the delegation to council during the closed meeting on July 6, 2021 did not fit under any closed meeting exceptions while council’s subsequent discussion fit under the exception for litigation or potential litigation. Accordingly, the Ombudsman found that council contravened the Municipal Act because it would have been possible for council to parse the delegation portion of the meeting from its subsequent discussion.

The Ombudsman received a complaint that council for the Town of Hawkesbury met in closed session on November 8, 2021, contrary to the Municipal Act, 2001.

The Ombudsman found that council for the City of Niagara Falls contravened the open meeting rules when it discussed the process for establishing a Chief Administrative Officer recruitment sub-committee in closed session on November 17, 2020. The discussion did not fit within any exception under the Municipal Act, 2001. The Ombudsman also found that council failed to describe the subject to be discussed in closed session in its resolution to proceed in camera. Council further contravened the Act when it passed a resolution to go in camera during a portion of the meeting that was effectively closed to the public, as the public was unable to attend in person or observe a live broadcast.

The Ombudsman received a complaint about an electronic meeting held by the City of Hamilton’s Board of Health on August 11, 2021.

The Ombudsman received a complaint alleging that the Environmental Services Committee for the Municipality of St.-Charles held a closed session on August 17, 2021, when the two members sitting on the Committee attended a gathering with residents relating to garbage collection issues.

The Ombudsman reviewed two closed meetings held by council for the Town of Collingwood on February 6 and June 11, 2018. The Ombudsman found that legal fee quotes containing specific information, such as suggested strategy, constitute advice subject to solicitor-client privilege. The Ombudsman found that council did not contravene the Municipal Act, 2001 since both meetings fit under the exception for advice subject to solicitor-client privilege.

The Ombudsman reviewed a closed session held by council for the Township of Pelee on June 22, 2021. The Ombudsman found that since council did not discuss a matter in a way that materially advanced business or decision-making, the gathering was not a meeting subject to open meeting rules under the Municipal Act. The Ombudsman found that even if the gathering had been a meeting, it was permissible to have the discussion in camera under the exception for education or training.

The Ombudsman received complaints about the meeting practices of the Board of Directors for the City of Hamilton Farmers’ Market.

The Ombudsman reviewed meetings held by the Investigation Committee in the Township of Nairn and Hyman. The Ombudsman found that the municipality contravened the open meeting rules when it did not provide public notice of Investigation Committee meetings and when council did not state by resolution the general nature of the matters to be discussed in camera. The Ombudsman recommended that the Township ensure it provides public notice for all committee meetings, and that resolutions to proceed in camera provide a general description of the issues to be discussed.

The Ombudsman received a complaint alleging that council for Loyalist Township improperly held a closed session on May 3, 2021, when a council member conducted a series of individual phone calls with other council members ahead of a committee meeting concerning a grant policy.

The Ombudsman received a complaint that council for the Township of Russell contravened the Municipal Act, 2001 when it proceeded in camera on November 16, 2020 to discuss an infrastructure project. The complaint contended that the discussion did not fit within any exception to the open meeting rules. After investigating the matter, the Ombudsman held that council’s discussion was permissible under the exceptions at s. 239(2)(c), acquisition or disposition of land, and s. 239(2)(k), plans and instructions for negotiations.

The Ombudsman received a complaint alleging that council for the Town of Wasaga Beach contravened the Municipal Act, 2001’s open meeting requirements on September 22, 2021.

The Ombudsman reviewed a complaint alleging that the Saugeen Municipal Airport Commission contravened the Municipal Act, 2001 when it did not provide consistent public notice of its electronic meetings, including instructions on how to access the meetings. The complaint further alleged that the Commission contravened the open meeting rules because members of the public were unable to rejoin meetings after the commissioners rose from closed session. The Ombudsman found that the Commission is a local board and contravened the Municipal Act when it held meetings without providing adequate public notice, and by failing to pass a procedure by-law governing its meetings. The Commission also contravened the Municipal Act when it failed to adequately notify members of the public about how to request readmission to the portion of an open meeting following a closed session. The Ombudsman recognized that the Commission did not intend to exclude the public and 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 governing its meetings and providing for public notice of all meetings. The Ombudsman further recommended that the Commission ensure the public is able to observe all open portions of meetings.

The Ombudsman received a complaint in May 2021 that a quorum of council for the Town of Espanola, made up of the Mayor and three councillors, improperly met on January 31, 2019 behind closed doors after the regular council meeting had concluded, contrary to the Municipal Act, 2001.

The Ombudsman received a complaint alleging that council for the Township of South Algonquin contravened the Municipal Act, 2001’s open meeting requirements on September 8, 2021.

The Ombudsman received a complaint about closed meetings held electronically by council for the Municipality of Temagami on March 8, 2021 and March 25, 2021.

The Ombudsman reviewed a closed meeting held by council for the Township of Russell to discuss information received in confidence from another level of government.

The Ombudsman received a complaint alleging that council for the Town of Fort Erie contravened the Municipal Act’s open meeting requirements on July 26, 2021 when it met in closed session to discuss the disposition of a fire station.

The Ombudsman received a complaint alleging that council for the Town of South Bruce Peninsula improperly met in closed session on March 16, 2021, to receive a delegation  contrary to the Municipal Act, 2001.