2023

The Ombudsman received complaints that the Niagara Central Dorothy Rungeling Airport Commission lacked a procedure by-law and held meetings that did not comply with the open meeting rules.

The Ombudsman reviewed a complaint alleging that council for the Town of Amherstburg held an illegally closed meeting over dinner on June 13, 2022 in between a scheduled in camera meeting and a scheduled open meeting.

The Ombudsman reviewed a complaint regarding the September 28, 2022 meeting of the Town of Huntsville’s General Committee.

The Ombudsman reviewed a complaint regarding the January 23, 2023 meeting of the City of London’s Strategic Priorities and Policy Committee.

The Ombudsman received a complaint that a closed meeting held by council for the Township of Douro-Dummer did not fit within the open meeting exceptions.
 

The Ombudsman received a complaint that council for the Municipality of Arran-Elderslie held meetings that did not comply with the Municipal Act 2001’s open meeting requirements.

The Ombudsman investigated a special closed meeting held by the Grey Bruce Health Unit’s Board of Health on May 12, 2021 and a closed meeting held by the Board’s Executive Committee on May 10, 2021. The Ombudsman found that the Board of Health fits within the definition of a “local board” under the Municipal Act, 2001, while the Executive Committee fits within the definition of a “committee”, and accordingly, both are subject to the open meeting rules.

The Ombudsman found that the discussions of the Executive Committee and the Board of Health on May 10 and 12, 2021 fit within the exceptions for advice subject to solicitor-client privilege and litigation or potential litigation. He also found that the Board’s discussion on May 12, 2021 fit within the exception for personal matters about an identifiable individual. However, the Ombudsman found that both the Board of Health and the Executive Committee contravened the open meeting rules by passing resolutions to move into closed session without providing a general description of the matters to be discussed and by failing to keep a record of all matters discussed in the meeting minutes.

The Ombudsman investigated a closed meeting held by council for the City of Greater Sudbury on July 12, 2022, during which council received detailed information and legal advice about two third-party bids for a proposed municipal project.

The Ombudsman received a complaint that members of council for the City of London met improperly behind closed doors ahead of a meeting of the city’s Corporate Services Committee (“the Committee”) on October 12, 2021.

The Ombudsman reviewed a complaint about a training session held by council for the Township of Emo on May 28, 2022. The complaint alleged that council contravened the Municipal Act, 2001 and its procedure by-law when it held a budget training in a closed session without providing notice to the public.

The Ombudsman found that council for the Township of Emo did not contravene the Municipal Act, 2001 or its own procedure by-law when it held a training session in camera on May 28, 2022. The session fit into the “education and training” exception since council received training on the new budget format and did not materially advance its business or decision-making.  Additionally, the Township was not required to post notice of the training session, as it did not constitute a meeting under the Municipal Act, 2001, and was therefore not subject to the open meeting rules.

The Ombudsman received a complaint alleging that the Saugeen Municipal Airport Commission contravened the Municipal Act, 2001 on June 20, 2022, by failing to admit a member of the public to a meeting that was held virtually, using Zoom.

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. The complaint raised concerns that these meetings were closed contrary to the open meeting rules in the Municipal Act, 2001. The Ombudsman found that the Committee is a committee of council and must comply with the open meeting rules. The Ombudsman found that the Committee’s discussion on November 9, 2021 did not fit within any exception to the open meeting rules. The Committee also contravened the Act on November 30, 2021, as only some of its in camera discussion fit within a prescribed exception to the Act’s open meeting rules.

The Ombudsman received complaints about the Hamilton Waterfront Trust’s meeting practices.

The Ombudsman received a complaint about gatherings held by the newly elected council for the Township of Adjala-Tosorontio on November 15, 24, and 29, 2022.

The Ombudsman reviewed complaints that council for the Township of McKellar contravened the open meeting rules during meetings on August 24, August 31, and September 9, 2021, and April 12, 2022 relating to the public’s ability to observe meetings of council.

The Ombudsman found that the Township contravened the Municipal Act, 2001, on August 24, 2021, when audio and connectivity issues prevented the public from observing the livestreamed meeting, and on August 31, 2021, when it failed to publicly livestream the meeting after council came out of closed session. Council also contravened the open meeting rules when it provided contradictory information about the time and location of its September 9, 2021 meeting and the location of its April 12, 2022 meeting in public notices.

The Ombudsman reviewed a complaint about numerous closed meetings held by the Township of Nipissing. The complaint alleged that council’s in camera discussions did not fit within any of the closed meeting exceptions under the Municipal Act, 2001, and should have occurred in open session. The Ombudsman determined that council for the Township of Nipissing did not contravene the Municipal Act, 2001 during in camera meetings on February 17, March 9, April 6, May 18, June 8, and August 3, 2021. The Ombudsman found that these in camera discussions were permissible under the Act’s closed meeting exceptions. However, the Ombudsman found that the Township contravened the Act on July 13, 2021, when it discussed the Township’s hiring plan in camera. This discussion did not fall within any of the Act’s closed meeting exceptions, and could have been parsed from the rest of council’s in camera discussion.

The Ombudsman received complaints alleging that council for the Municipality of Casselman contravened the Municipal Act, 2001 when it discussed the purchase of an identified property during a closed session.

The Ombudsman received a complaint alleging that the City of Hamilton’s Working Group of the Physician Recruitment and Retention Steering Committee violated the open meeting rules in the Municipal Act, 2001 when it held meetings on January 12, September 14, October 14, October 29, November 23, and December 14, 2021.

The Ombudsman reviewed two complaints about an emergency closed meeting held by council for the Township of Prince on March 15, 2022.

The Ombudsman reviewed complaints about meetings held by the Cultural Vitality Committee and the Tourism Board of the City of Sault Ste. Marie. The Ombudsman determined that the Cultural Vitality Committee contravened the Municipal Act, 2001 on November 17, 2021, by holding a meeting that did not comply with the open meeting requirements. The Ombudsman found that the meeting was not open to the public, as the Committee did not provide the public with information about how to attend the virtual meeting. However, the Ombudsman found that the Cultural Vitality Committee’s resolution to proceed in camera was sufficiently descriptive to provide information to the public without undermining the reason for excluding the public. The Ombudsman also found that the Tourism Board contravened the Municipal Act, 2001 on November 25, 2021 by holding a meeting that did not comply with the open meeting requirements. The meeting was not open to the public, as the Board did not provide the public with information on how to attend the virtual meeting.