The Ombudsman investigated a complaint alleging that the Township of Wollaston’s Communication Team is a committee of council, and that any meetings it may have held since its inception should have been subject to the open meeting requirements in the Municipal Act, 2001. The Ombudsman found that the Communication Team is a committee of council, as more than 50% of its members are members of council, and it is therefore subject to the open meeting requirements.
The Ombudsman found that an interview panel convened by the Mayor of the City of Hamilton to advise her on selecting a new City Manager using her strong mayor powers was not a committee of council whose gatherings were meetings subject to the open meeting rules in the Municipal Act, 2001. The City therefore did not contravene the Act. The Ombudsman also encouraged the City to provide public information to clarify the nature and role of any similar advisory bodies in the future to further increase the accountability and transparency of mayoral decisions.
The Ombudsman found that the Municipality of Whitestone’s Wah Wash Kesh Landings Task Force is not a committee under the Municipal Act, 2001 or the municipality’s procedure by-law in effect at the time the task force was created. The task force’s membership does not meet the Act’s 50% membership threshold. In addition, the procedure by-law was not sufficiently explicit to find that the task force was intended to be subject to the open meeting rules.
The Ombudsman found that a gathering of members of the Town of Amherstburg’s Accessibility Advisory Committee on September 8, 2022 did not contravene the Municipal Act, 2001 when the members visited a public transit facility and observed a demonstration of the features of an accessible bus. Since the gathering did not materially advance the Committee’s business or decision-making, it was not a meeting subject to the open meeting rules.
The Ombudsman found that the Ad Hoc Code of Conduct Working Group and Ad Hoc Municipal Planning Working Group of the Municipality of Calvin were established through council resolution and were committees of council.
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 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. Although Committee members told the Ombudsman they believed the Committee to be a working group, the Ombudsman found that the Committee is in fact a committee of council and must comply with the open meeting rules in the Municipal Act, 2001.
The Ombudsman found that a working group in the City of Hamilton is not a committee, and is therefore not subject to the open meeting rules of the Municipal Act, 2001. The working group was not designated as a committee by municipal by-law, nor did it function as a committee because it did not have any delegated authority from council to make decisions. The working group’s primary role was administrative.
The Ombudsman received a complaint about working group meetings held by the Off Road Vehicle Task Force of the City of Kawartha Lakes on February 19 and March 4, 2021. The complainant alleged that the meetings were closed to the public in contravention of the Municipal Act, 2001. The Ombudsman found that because the Task Force was designated as a committee of council under the municipality’s procedure by-law and was mandated to provide advice and recommendations to council, the Task Force was obligated to comply with the open meeting rules. In closing these meetings to the public, it violated the requirements of the Municipal Act, 2001.
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 determined that the corporation is not subject to the open meeting rules found in the Municipal Act, 2001 because 1) the corporation is not a local board as it was incorporated under a section of the Electricity Act, 1998 which deems it not to be a local board and 2) the corporation is not a committee of council as it does not function as a committee. That is, it does not exercise delegated authority from council and it does not play an advisory role to council.
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 found that the Joint Planning Committee (JPC) for the ConnectWell Community Health Centre is not a committee of council. The JPC has neither been deemed to be a committee of council by by-law, nor are at least 50% of its members a member of one or more councils or local boards. The committee also does not function as a committee of council, as it does not exercise any authority delegated by council and does not serve in an advisory function to council.
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 several meetings of the Recreation Committee for the Town of Kirkland Lake which occurred without public notice. The Ombudsman determined that the committee was a committee of council, and therefore subject to the open meeting requirements of the Municipal Act, 2001. The Ombudsman found that the committee failed to provide public notice of its meetings, and therefore, the meetings were not open to the public.
The Ombudsman reviewed a closed meeting held by council for the Town of Deep River to discuss a police services consultation plan. During the meeting, council formed a police services consultation working group composed of three members of council. The Ombudsman found that the working group was not a committee under the municipality’s procedure by-law. In determining whether the working group was a committee under the Municipal Act, 2001, the Ombudsman considered the role and function of the group. When groups primarily exchange information or advance positions that a municipality has already decided upon without laying the groundwork for decision-making by council, the body will not constitute a committee. In this case, the Ombudsman found that the working group exercised an administrative function. Therefore, the working group was not a committee under the Municipal Act.
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.