The purpose of the labour relations or employee negotiations exception 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 labour relations or employee negotiations exception does not include discussions around the valuation[14] or auditing[15] of a municipal service or corporation.
[1] City of London, April 24, 2014 (letter)
[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 20, 2013
[6] City of Welland, November 18, 2014; Village of Burk’s Falls and Township of Armour, October 28, 2015
[7] Municipality of South Huron, March 2, 2015
[8] Town of Amherstburg, November 20, 2015
[9] City of Sault Ste. Marie, September 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 (letter); City of Oshawa, March 19, 2012 (letter)
[14] Town of Grimsby, November 14, 2016
[15] Municipality of St.-Charles, February 4, 2016
May 31, 202431 May 2024
The Ombudsman found that council for the Township of Springwater’s discussions regarding a rainbow crosswalk project and an employment matter related to the local public library fit within the exception for personal matters about an identifiable individual. A discussion concerning a completed hiring process for a staff position did not fit within the exception for labour relations and employee negotiations, but a portion did fit within the exception for personal matters. Since the remainder of that discussion could not be parsed, the Ombudsman determined that council did not contravene the Municipal Act, 2001 at its special council meeting.
April 29, 202429 April 2024
The Ombudsman found that council for the Town of Amherstburg contravened the Municipal Act, 2001 on August 8, 2022, February 13, 2023, and March 27, 2023, by failing to provide sufficient information about some general topics of discussion in its resolutions to proceed into closed session.
January 30, 202330 January 2023
The Ombudsman found that council for the Township of Nipissing did not contravene the Municipal Act, 2001 during an in camera meeting on August 3, 2021. The Ombudsman found that council’s in camera discussion regarding identifiable employees’ job performance was permissible under the Act’s closed meeting exception for labour relations or employee negotiations.
July 29, 202229 July 2022
The Ombudsman received complaints alleging that council for the Town of Amherstburg violated the open meeting rules found in the Municipal Act, 2001 on November 16, 2021. During the in camera discussion on November 16, council discussed the Town’s vaccination policy and specific Town employees who had not provided proof of vaccination. A solicitor was present and provided advice regarding possible courses of action the Town could take with respect to these employees. The Ombudsman found that the discussion about how the Town’s vaccination policy applied to specific individuals was properly closed under the exception for labour relations or employee negotiations.
March 15, 202215 March 2022
The Ombudsman investigated a closed meeting held by council for the City of Niagara Falls on November 17, 2020 to discuss the process for establishing a Chief Administrative Officer recruitment sub-committee. The Ombudsman found that the discussion focused on the procurement of a third party recruitment firm and the process for establishing the sub-committee. Accordingly, the closed session discussion did not fit within the exception for labour relations. The exception for labour relations refers to discussions about the collective relationship between an employer and its employees. The purpose of the exception for labour relations is to protect discussions relating to the relationship between the two.
The Ombudsman emphasized that council cannot bring a matter in camera simply because it is considered sensitive or confidential or potentially against the City’s interests to discuss it publicly. The Legislature, in its enactment and occasional amendments to the Municipal Act, 2001 has not created an exception that authorizes meeting in camera for the purposes cited by the City. The discussion in closed session did not fit within any of the exceptions contained in the Act and should have occurred in open session.
July 08, 202108 July 2021
The Ombudsman received a complaint about a closed session held by council for the Town of Kirkland Lake on August 25, 2020. The Ombudsman found that the employee-employer relationship was central to council’s in camera discussion. Accordingly, the Ombudsman found that council’s discussion fit within the “labour relations” exception to the open meeting rules.
March 17, 202117 March 2021
The Ombudsman reviewed a closed meeting held by council for the Norfolk County to discuss reducing service levels in the municipality by eliminating staff positions and consolidating municipal facilities under the “labour relations” exception. The Ombudsman found generally discussions about organizational reviews do not fit within this exception. However, in this case, the committee’s discussions referenced identifiable employees and their roles. The discussion fit within the “labour relations” exception.
August 15, 201915 August 2019
The Ombudsman found that council for the Municipality of The Nation did not violate the Municipal Act, 2001 on December 17, 2018, when it discussed in closed session the hiring of individual contractors. The discussion fit within the exception cited under the Act for personal matters and could also have fit within the exception for labour relations or employee negotiations.
May 24, 201924 May 2019
When council for Wollaston Township discussed in camera the job performance of an individual employee, it fit within the exception for personal matters, as well as the exception for labour relations or employee negotiations. The same was true of council’s discussion about the past job performance of a prospective consultant.
February 14, 201914 February 2019
The Ombudsman reviewed a closed meeting that was held by council for the City of St. Catharines to discuss a proposed staff position, government relations adviser, under the labour relations or employee negotiations exception. Council’s discussion focused on the role and nature of the proposed staff position, including the position’s general responsibilities and duties, salary, and contract length. The Ombudsman found that the discussion did not fit within the labour relations or employee negotiations exception because the discussion did not pertain to the relationship between the municipality and its employees or reference specific individuals who might be hired.
June 29, 201829 June 2018
The Ombudsman reviewed a closed meeting held by council for the Township of The North Shore to discuss payment of remuneration for volunteer firefighters and conditions of employment for firefighters. The discussion related to the relationship between the municipality and its firefighters. Although not cited by the municipality, the Ombudsman found that the discussion fit within the labour relations or employee negotiations exception.
June 29, 201829 June 2018
The Ombudsman reviewed a closed meeting held by council for the Township of The North Shore to discuss a communication protocol between municipal staff and the fire department. During the discussion, council considered the appointment of an individual firefighter as communications officer without council approval. The Ombudsman found that the information related to the employment duties of a firefighter and the reporting relationship amongst municipal staff. Accordingly, although not cited by the municipality, the discussion fit within labour relations exception.
May 22, 201822 May 2018
The Ombudsman reviewed closed meetings held by council for the Town of Petrolia under the labour relations or employee negotiations exception. The Ombudsman found that the municipality was not permitted to receive a presentation about a proposal respecting its community centre in camera simply because the topic might lead to speculation about the impact of the proposal on existing employees. Neither labour-related information nor employees were discussed during the presentation. The exceptions do not extend to discussions about sensitive information, or to information that might lead the public to speculate about otherwise confidential information.
May 22, 201822 May 2018
The Ombudsman reviewed closed meetings held by council for the Town of Petrolia under the labour relations or employee negotiations exception. The Ombudsman found that the municipality was permitted to discuss a proposal respecting its community centre in camera because all employees of the centre were to be terminated as part of the proposal. Generally, the labour relations exception does not apply to discussions relating to an organizational review or restructuring by a municipality. However, the exception may apply to a discussion relating to reorganization as it affects individuals and their roles. While no individual employees were identified during the meeting by name or position, the portion of discussion about employees applied to every employee of the community centre.
April 19, 201819 April 2018
The Ombudsman reviewed a closed meeting held by council for the Town of Pelham that relied on the labour relations or employee negotiations exception to discuss the conduct and performance of an individual. The Ombudsman found that the discussion involved an individual’s conduct and performance in the context of employment with the town, therefore, the discussion fit within the labour relations exception.
April 18, 201818 April 2018
The Ombudsman reviewed a meeting of council for the Township of Tehkummah, relying on the personal matters exception to discuss an ongoing third-party workplace investigation relating to an employee. Council’s discussion centered on the employment status of an identifiable staff member. While not cited by the township, the Ombudsman found that the discussion fit within the labor relations exception.
January 09, 201809 January 2018
The Ombudsman reviewed a closed meeting held by council for the Township of North Huron to discuss fire personnel issues. This occurred during an ongoing dispute between the firefighters and the township. While in closed session, council discussed a legal opinion related to the fire department personnel. After council discussed this legal advice, approximately 40 firefighters entered the closed session and, through two representatives, spoke with council about various shared concerns. These concerns included comments about identified individuals and the department’s work environment. The Ombudsman found that the discussion fit within the labour relations or employee negotiations exception because council discussed the firefighters’ general work environment during an ongoing employment dispute.
November 23, 201723 November 2017
The Ombudsman reviewed a closed meeting held by council for the Town of Georgina to discuss an organizational review of certain departments within the municipality’s administration as part of a larger service delivery review. While in camera, council discussed the performance of particular employees in relation to the restructuring options contained in a staff report. While not cited by the municipality, the Ombudsman found that the discussion fit within the labour relations exception.
October 03, 201703 October 2017
The Ombudsman reviewed a closed meeting held by council for the Town of Deep River to discuss a police services consultation plan. The Ombudsman found that the majority of the discussion focused on service levels and other administrative issues, as well as strategies for sharing information with local residents. Council did not discuss individual employees, their compensation, or their roles. Although it was not relied upon by the municipality, the Ombudsman found that the discussion did not fit within the labour relations exception.
April 03, 201703 April 2017
The Ombudsman reviewed a closed meeting held by the Board of Management for the Ridgeway Business Improvement Area (BIA) in the Town of Fort Erie, which met in camera to discuss the conduct of an employee of the BIA. The board did not cite a closed meeting exception. The discussion was about an individual employee in the context of their employment relationship to the BIA and included the employee’s job performance. The Ombudsman found that while the board did not rely on the labour relations exception, the discussion fit within that exception.
November 14, 201614 November 2016
The Ombudsman reviewed a closed meeting held by council for the Town of Grimsby to discuss a municipally controlled corporation, Niagara Power Inc. During the closed session, council discussed a proposal to obtain a business valuation of the corporation. Although it did not rely on the labour relations or employee negotiations exception, the municipality suggested it may apply to the discussion. Council did not discuss any specific information about employees or labour negotiations. The Ombudsman found that a discussion about the potential impact a valuation may have on the corporation’s employees does not fit within the labour relations or employee negotiations exception.
August 02, 201602 August 2016
The Ombudsman reviewed a closed meeting held by council for the City of Sault Ste. Marie to discuss a proposed plan to realign fire services and EMS. The meeting was closed under the labour relations or employee negotiations exception. During the closed session, the fire chief gave a presentation to council that covered the effect of the realignment on the local union, as well as a number of other repercussions. The Ombudsman found that the portion of council’s discussion about the local firefighters’ union fit within the labour relations or employee negotiations exception. The Ombudsman found that other topics covered in the presentation, such as risk management, effect on service levels, and financial savings generally do not fit within the labour relations or employee negotiations exception. However, the Ombudsman found that those topics were not discrete and were included to inform council’s discussion about labour relations and were not required to be parsed from the discussion. Therefore, council’s discussion fit within the labour relations or employee negotiations exception.
August 02, 201602 August 2016
The Ombudsman reviewed a closed meeting held by council for the City of Sault Ste. Marie to discuss a proposed plan to realign fire services and EMS. The meeting was closed under the labour relations and employee negotiations exception. During the closed session, the fire chief gave a presentation to council that covered the effects of the realignment on the local union, and a number of other repercussions. The Ombudsman found that the portion of council’s discussion about the local firefighters’ union fit within the labour relations or employee negotiations exception. The Ombudsman found that other topics covered in the presentation, such as risk management, effects on service levels, and financial savings generally do not fit within the labour relations or employee negotiations exception. However, the Ombudsman found that those topics were not discrete and were included to inform council’s discussion about labour relations, and were not required to be parsed from the discussion. Therefore, council’s discussion fit within the labour relations or employee negotiations exception.
April 19, 201619 April 2016
The Ombudsman reviewed a closed meeting held by council for the Township of Russell to discuss councillor compensation and employee compensation. Council’s discussion about staff compensation involved a discussion about systematic changes to the municipality’s salary grid. While the municipality did not rely on the labour relations or employee negotiations exception, the Ombudsman found that compensation matters relating to staff members fit within the labour relations or employee negotiations exception. The Ombudsman found that councillor remuneration matters do not fit within the labour relations or employee negotiations exception since council members are not municipal employees.
February 04, 201604 February 2016
The Ombudsman reviewed a closed meeting held by council for the Municipality of St.-Charles to discuss a draft financial report from its auditors, relying on the labour relations and employee negotiations exception. The auditors gave a presentation to council that included information about the performance of various departments. Council also discussed the job performance of particular employees and options council could pursue to address those issues. The Ombudsman found that the auditor’s presentation did not fit within the exception for labour relations or employee negotiations as it pertained to general information about how various departments had performed, rather than relations or negotiations with staff. The Ombudsman found that the portion of the discussion about job performance of particular employees fit within the cited exception.
November 23, 201523 November 2015
The Ombudsman reviewed a closed meeting held by the Public Works Committee for the Township of Bonfield that relied on the labour relations or employee negotiations exception to discuss employee performance matters in the municipality. During the discussion, the committee raised the issue of the performance of two identified employees. The Ombudsman found that the discussion fit within the cited exception.
November 20, 201520 November 2015
The Ombudsman reviewed a closed meeting held by council for the Town of Amherstburg to discuss health and safety concerns raised by municipal employees. The municipality retained a labour consultant to provide advice on the complaints. The Ombudsman found that the discussion fit within the labour relations or employee negotiations exception because council discussed the conditions of work for specific employees, as well as the general work environment for all employees in a specific department, and directed staff to terminate the employment of two employees.
October 28, 201528 October 2015
The Ombudsman reviewed a joint closed meeting held by council for the Village of Burk’s Falls and council for Armour Township to discuss possible amalgamation of the two municipalities. While not cited by either municipality, the Ombudsman found that a portion of the discussion fit within the labour relations or employee negotiation exception because the councils were discussing position changes for identified employees.
October 28, 201528 October 2015
The Ombudsman reviewed a joint closed meeting held by council for the Village of Burk’s Falls and council for Armour Township to discuss possible amalgamation of the two municipalities. While not cited by either municipality, the Ombudsman found that a portion of the discussion fit within the labour relations or employee negotiation exception because the councils were discussing position changes for identified employees.
April 24, 201524 April 2015
The Ombudsman reviewed closed meetings held by council for the City of Elliot Lake to discuss the recruitment of a new chief administrative officer (CAO). The discussions involved changes to the current CAO’s contract and extending the service of the current CAO. The Ombudsman found that the information discussed by council during the meetings related to specific terms of an identified employee’s contract, including salary. Accordingly, the discussion fit within the exception for labour relations or employee negotiations.
March 02, 201502 March 2015
The Ombudsman reviewed a closed meeting held by council for the Municipality of South Huron to discuss an identified employee’s disagreement with the application of the municipality’s personnel policy. During the discussion, council received a legal opinion on the matter. Although not relied upon by council, the Ombudsman found that the portion of the discussion related to the solicitor’s advice fit within the exception for solicitor-client privilege.
March 02, 201502 March 2015
The Ombudsman reviewed a closed meeting held by council for the Municipality of South Huron to discuss a number of staffing issues, relying the labour relations exception. The discussion included staff performance reviews, staff conduct, discipline, and the salaries of specific employees. The Ombudsman found that the discussion fit within the labour relations or employee negotiations exception.
January 09, 201509 January 2015
The Ombudsman reviewed a closed meeting held by council for the Township of Black River-Matheson to discuss an ongoing labour dispute with its unionized employees, relying on the labour relations or employee negotiations exception. The Ombudsman found that council’s discussions fit within the labour relations or employee negotiations exception.
December 15, 201415 December 2014
The Ombudsman reviewed a closed meeting held by council for the Town of Amherstburg that relied on the labour relations or employee negotiations exception to discuss the selection process for a new Chief Administrative Officer (CAO).Council discussed the résumé and qualifications of an identifiable individual who applied for the position, expressed opinions about the individual, and considered sending the candidate an offer of employment. The Ombudsman found that the labour relations or employee negotiations exception could apply to council’s discussion.
December 09, 201409 December 2014
The Ombudsman reviewed a closed meeting held by council for the Township of Baldwin to discuss the qualification of candidates for a staff position. The meeting was closed under the labour relations or employee negotiations exception. Council discussed the applications and the possibility of extending an offer to a potential future employee. The Ombudsman found that the labour relations or employee negotiations exception refers to the collective relationship between an employer and its employees. Therefore, the discussion fit within the labour relations or employee negotiations exception.
November 18, 201418 November 2014
The Ombudsman reviewed a closed meeting held by council for the City of Welland that relied on the labour relations or employee negotiations exception to discuss a shared services proposal with the public library. Council discussed staffing changes, workload, and the roles of particular employees. The labour relations or employee negotiations exception refers to the collective relationship between an employer and its employees. The Ombudsman found that council’s discussion fit within the labour relations or employee negotiations exception.
November 18, 201418 November 2014
The Ombudsman reviewed a closed meeting held by council for the Town of Whitestone to discuss an organizational review. Council’s discussion included specific information about the performance of identified staff members and the retirement of two staff members. While not relied upon by the municipality, the Ombudsman found that council’s discussion about the performance of identified employees fit within the labour relations or employee negotiations exception.
April 24, 201424 April 2014
The Ombudsman reviewed a closed meeting held by the Strategic Priorities and Policy Committee for the City of London to discuss the municipality’s fire services budget. The meeting was closed under the labour relations or employee negotiations exception. The Committee’s discussion focused on confidential labour relations and other employment-related matters with respect to the fire services department. The Ombudsman found that the discussion fit within the labour relations or employee negotiations exception.
April 09, 201409 April 2014
The Ombudsman reviewed a closed meeting held by council for the City of Timmins that relied on the labour relations or employee negotiations exception to discuss the annual wage increase for council and non-union staff. It was the municipality’s long-standing practice to link council salaries to non-union staff salary rates. The discussion did not specifically address council remuneration separate from consideration of the general wage increase to apply to non-union staff. The Ombudsman found that the labour relations or employee negotiations exception applies to relations and conditions of work beyond those of collective bargaining, including remuneration outside of a traditional employment arrangement. The Ombudsman found that council’s consideration of a wage increase for non-unionized staff fit within the labour relations or employee negotiations exception. The Ombudsman found that the exception may only apply to council remuneration where it is linked to non-union staff remuneration and there is no separate consideration of council salaries.
December 09, 201309 December 2013
The Ombudsman reviewed a closed meeting held in an emergency session by council for the Town of Amherstburg to discuss staff retention and reorganization. The meeting was closed under the labour relations or employee negotiations exception. Council’s discussion included the effect of staff retention and reorganization on individual staff members and their roles. The Ombudsman found that council’s discussion fit within the labour relations or employee negotiations exception.
December 06, 201306 December 2013
The Ombudsman reviewed a closed meeting held by the Personnel Committee for the Township of Leeds and the Thousand Islands to discuss information and staff opinions on senior staff compensation. The meeting was closed under the exception for labour relations or employee negotiations. The committee’s mandate was to make recommendations to council about this issue and to negotiate a tentative agreement with employees on remuneration and retention. The Ombudsman found that the committee’s discussion fit within the labour relations or employee negotiations exception because the discussion was dealing directly with the terms of employment for senior staff.
October 30, 201330 October 2013
The Ombudsman reviewed a closed meeting held by the Personnel Committee for the Township of Bonfield that relied on the labour relations or employee negotiations exception to discuss specific municipal employees, their jobs and pay status. The Ombudsman found that the committee’s discussion fit within the cited exception.
September 12, 201312 September 2013
The Ombudsman reviewed a closed meeting held by council for the Town of Amherstburg to discuss an organizational review of the municipality’s staff. The meeting was closed under the labour relations and employee negotiations exception. During the closed session meeting, a consultant presented a report to council on the roles and responsibilities of staff members and information on how the findings would affect both unionized and non-unionized staff. The Ombudsman found that council’s discussion fit within the cited exception. General discussions regarding a municipal organization chart and various staff positions would not fit within the labour relations and employee negotiations exception. However, the Ombudsman found in this case that the information was for background and context for the labour relations discussions.