South Bruce Peninsula, Town of

The Ombudsman received two complaints alleging that the Town of South Bruce Peninsula voted in closed session on April 28, 2022, contrary to the requirements in the Municipal Act, 2001. The Ombudsman’s review determined that during the in camera discussion, council discussed legal advice related to a court decision and discussed how to proceed. Accordingly, this discussion properly fit within the open meeting exception for solicitor-client privilege.

The Ombudsman received two complaints alleging that the Town of South Bruce Peninsula voted in closed session on April 28, 2022, contrary to the requirements in the Municipal Act, 2001. The Ombudsman’s review determined that during the in camera discussion on April 28, 2022, council discussed whether to appeal a court decision. Accordingly, this discussion properly fit within the open meeting exception for litigation or potential litigation.

The Ombudsman received two complaints alleging that the Town of South Bruce Peninsula voted in closed session on April 28, 2022, contrary to the requirements in the Municipal Act, 2001. Specifically, the complainants alleged that council voted in closed session not to appeal a decision of the Ontario Court of Appeal. The Ombudsman’s review determined that while in closed session, council voted to direct staff not to proceed with any further appeal of the court decision. The Ombudsman found that this vote did not contravene the Act, as the vote occurred during a properly closed session and was a direction to staff.

The Ombudsman received a complaint alleging that council for the Town of South Bruce Peninsula improperly met in closed session to receive a delegation on March 16, 2021, contrary to the Municipal Act, 2001. The Ombudsman’s review determined that council received and discussed detailed information from a third party company regarding that company’s development plans, expected profits, and intended use of proprietary technology. We were told that the third party specifically wished to discuss this commercial information in private because it did not want to prejudice a pending land transaction or alert competitors to the proprietary technology it intended to rely on to create a profitable business in a specific area. The Ombudsman found this closed session discussion was permissible under section 239(2)(i) of the Municipal Act as council discussed information supplied in confidence by a third party that, if disclosed, could reasonably be expected to significantly prejudice the competitive position of the business and significantly interfere with an ongoing land transaction.

The Ombudsman reviewed several closed meetings held by council for the Town of South Bruce Peninsula. The meetings were closed under the acquisition or disposition of land exception. Voting took place at these meetings. The Ombudsman found that the meetings fit within the cited exceptions and the votes that took place were directions to staff. Therefore, the votes were permissible.

The Ombudsman reviewed a closed meeting held by council for the Town of South Bruce Peninsula to discuss a contract related to the Wiarton Keppel International Airport. The meeting was closed under the litigation or potential litigation exception. Council discussed the potential sale of the airport and a contract for airport fuel tank removal. The Ombudsman found that council did not discuss any litigation in progress or even contemplated litigation with respect to the contract. The prospect of litigation was mere speculation.  Therefore, council’s discussion did not fit within the litigation or potential litigation exception.

The Ombudsman reviewed a closed meeting held by council for the Town of South Bruce Peninsula that relied on the acquisition or disposition of land exception to discuss the Wiarton Keppel International Airport. Council discussed in closed session the potential purchase or sale of the airport, the airport management board, and a contract for airport fuel tank removal. The Ombudsman found that council’s discussion about the airport management board and the airport fuel tank removal contract was directly related to the proposed purchase of the airport and the municipality’s negotiating strategy. Therefore, council’s discussion fit within the acquisition or disposition of land exception.

The Ombudsman reviewed a special meeting held by council for the Town of South Bruce Peninsula. Notice was provided 24 hours before the meeting took place. The Ombudsman found that the procedure by-law requires public notice be provided 48 hours prior to a meeting except in the case of emergency meetings. The Ombudsman found that the meeting qualified as an emergency meeting, therefore the municipality provided notice in accordance with the procedure by-law.

The Ombudsman reviewed a closed meeting held by council for the Town of South Bruce Peninsula, which relied on the personal matters exception to discuss the performance and conduct of a staff member. Typically, the personal matters exception applies to discussions about an individual in his or her personal capacity, rather than his or her professional, business, or official capacity. The Ombudsman found that council’s discussion related to the individual’s conduct and therefore fit within the personal matters exception.

The Ombudsman reviewed a closed meeting held by council for the Town of South Bruce Peninsula that relied on the exception for solicitor-client privilege to discuss a by-law with the municipality’s solicitor. When council returned to the open session, it passed a resolution to waive solicitor-client privilege and release two legal opinions on the matter. The Ombudsman found that despite the fact that council decided to waive privilege in open session, at the time of the closed session discussion council had sought legal advice that was intended to be confidential. Therefore, the discussion fit within the exception for solicitor-client privilege.

The Ombudsman reviewed a closed meeting held by council for the Town of South Bruce Peninsula that relied on the litigation or potential litigation exception to discuss ongoing litigation involving the municipality. The Ombudsman found that the discussion fit within the litigation or potential litigation exception because council was receiving updates on active litigation.

The Ombudsman reviewed a closed meeting held by council for the Town of South Bruce Peninsula to discuss the staff hiring process. After conducting an investigation, the Ombudsman found several procedural violations, including issues with record-keeping during closed sessions. The Ombudsman found that while resolutions and decisions were noted in the minutes, the municipality did not keep a comprehensive and accurate record of its closed meeting discussions.

The Ombudsman reviewed closed meetings held by council for the Town of South Bruce Peninsula. The Ombudsman found that notice of the meetings was provided in accordance with the procedure by-law. However, in some cases, council discussed matters in closed session that were not included in the agenda that had been posted in advance. The Ombudsman recommended that in the interest of transparency and accountability, council should avoid discussing matters that were not the subject of prior notice, except in urgent situations.