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The Ombudsman investigated closed meetings held by council for the Municipality of Markstay-Warren on November 20 and December 11, 2023. At both meetings, council failed to state by resolution the general nature of the matters to be discussed, contrary to section 239(4)(a) of the Municipal Act, 2001.
The Ombudsman found that during a special meeting of council for the Township of Black River-Matheson on February 20, 2024, council contravened the Municipal Act, 2001 by failing to describe the general nature of all items to be discussed in the resolution to go into closed session. The Ombudsman recommended that in future, should council wish to add items to a closed meeting agenda at the time of the meeting itself, it should pass a public resolution before holding the closed session discussion, in accordance with the Act.
The Ombudsman’s investigation found that council for the Township of Jocelyn did not vote on or pass a resolution in its open session to move in camera at its October 10, 2023 meeting, contrary to section 239(4)(a) of the Municipal Act, 2001.
The Ombudsman found that council for the Town of Halton Hills did not include a general description of a discussion regarding provincial policy announcements about municipalities in its resolution to proceed into closed session, contrary to the Municipal Act, 2001.
The Ombudsman reviewed meetings held by council for the Town of Grimsby in its capacity as a shareholder of Niagara Power Inc. that occurred without notice to the public. The municipality suggested council was entitled to meet in its capacity as shareholder of the corporation under the Business Corporations Act, and that the meetings were not subject to the open meeting rules. The Ombudsman found that the municipality is the majority shareholder of Niagara Power Inc., but that individual members of council are not shareholders. When the company holds a shareholders’ meeting, council is invited to attend in its capacity as the representative of the town. Accordingly, the Ombudsman found that the municipality must provide public notice of the meetings in accordance with the Municipal Act, 2001. The Ombudsman also provided best practice examples for conducting shareholder meetings for municipally controlled corporations from other municipalities.
The Ombudsman reviewed a joint meeting held by councils for the Village of Burk’s Falls and Armour Township. The Ombudsman found that both municipalities were obligated to pass a resolution to close the meeting in accordance with the Municipal Act, 2001 and their respective procedure by-laws. Armour Township passed a resolution to proceed into closed session during the closed session. The Ombudsman found that the resolution to close a meeting must be passed in open session while members of the public still have the opportunity to attend. Even if council plans to hold a meeting where a closed session is the only agenda item, the meeting must begin in open session and the public must be invited to attend that portion of the meeting. The Village of Burk’s Falls did not pass a resolution to close the meeting.