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Saugeen Mobility and Regional Transit (SMART) was incorporated in 1980 by private individuals to provide public transit service to passengers with disabilities. Control of the corporation was eventually taken over by local municipalities. The Ombudsman found that SMART was not incorporated pursuant to the provisions in the Municipal Act, 2001, which permit municipalities to create municipal services corporations, because the Municipal Act, 2001 did not exist at the time SMART was incorporated.
The Ombudsman reviewed two meetings held by the City of Hamilton Farmers’ Market Board of Directors. The Ombudsman determined the Hamilton Farmers’ Market is a municipal services corporation. As municipal services corporations are deemed not to be local boards by section 21 of O. Reg 599/06 under the Municipal Act, 2001, the Board is not subject to the open meeting rules under the Act.