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September 23, 2024

23 September 2024

Saugeen Mobility and Regional Transit (SMART)

The Ombudsman received a complaint that the Board of Directors for Saugeen Mobility and Regional Transit (SMART) does not hold meetings that are open to the public. The Ombudsman found that SMART is a shared local board of 10 member municipalities that is subject to the open meeting rules in the Municipal Act, 2001.
 

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September 18, 2024

18 September 2024

Towns of Grimsby and Lincoln and Township of West Lincoln

The Ombudsman received complaints that a joint meeting held by the councils for the Town of Grimsby, the Town of Lincoln and the Township of West Lincoln did not adhere to the open meeting rules. The Ombudsman found that the first part of the closed session discussion fit within the closed meeting exception for education or training. However, small-group discussions that occurred during the second part of the closed session did not fit within any of the exceptions.

 

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September 18, 2024

18 September 2024

City of Elliot Lake

The Ombudsman received a complaint about a meeting of the Finance and Administration Committee for the City of Elliot Lake on December 18, 2023. The complaint alleged that council’s closed session discussion about procurement practices did not fall within any of the prescribed exceptions in the Municipal Act, 2001.

The Ombudsman found that the Finance and Administration Committee for the City of Elliot Lake contravened the Municipal Act, 2001 when it received a presentation on proposed changes to the City’s procurement by-law in closed session on December 18, 2023. The Ombudsman found that the Committee’s discussion did not fit within any of the Act’s closed meeting exceptions.

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September 16, 2024

16 September 2024

City of Oshawa

The Ombudsman reviewed complaints about a meeting of the City of Oshawa’s Corporate and Finance Services Committee which raised concerns about the public notice – which was temporarily unavailable on the City’s website due to a technical issue – and about the failure of the audio during the meeting webcast.

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September 13, 2024

13 September 2024

Town of Iroquois Falls

The Ombudsman received a complaint about a meeting held by council for the Town of Iroquois Falls on November 28, 2022.

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September 6, 2024

6 September 2024

Township of Jocelyn

The Ombudsman investigated closed meetings held by council for the Township of Jocelyn on January 10 and 13, February 7, April 4, and October 10, 2023 and found that the discussions at each of these meetings fit within various closed meeting exceptions in the Municipal Act, 2001. However, the Ombudsman also found that the Township contravened the Act at its October 10 meeting by failing to pass a resolution to enter into closed session, failing to take closed meeting minutes, and by improperly closing the beginning of the meeting to the public. Although no illegal votes occurred at the meetings, the Ombudsman nevertheless recommended as a best practice that council clearly identify any specific directions given in closed session, formally vote on them, and record that vote in the closed meeting minutes.
 

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September 3, 2024

3 September 2024

Municipality of Whitestone

The Ombudsman received complaints that meetings held by council for the Municipality of Whitestone did not adhere to the open meeting rules. The Ombudsman also received a complaint about a meeting held by the Municipality’s Wah Wash Kesh Landings Task Force and its open meeting practices.

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August 16, 2024

16 August 2024

Town of Halton Hills

The Ombudsman received a complaint regarding a meeting of council for the Town of Halton Hills held on August 28, 2023. The complaint alleged that council’s closed session discussion of recent provincial policy announcements about municipalities did not fit within the closed meeting exceptions in the Municipal Act, 2001. The complaint also alleged that council did not pass a resolution stating that this matter would be discussed in closed session.

The Ombudsman found that the discussion did not fit within any exceptions to the open meeting rules, and that council failed to include a general description of this topic in its resolution to proceed into closed session. Council accordingly contravened the Municipal Act, 2001 on August 28, 2023. The Ombudsman also noted that council’s minutes incorrectly suggested that council had included this topic of discussion in its resolution when it had not.

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August 7, 2024

7 August 2024

Municipality of Callander

The Ombudsman received a complaint regarding two closed meetings held by council for the Municipality of Callander on December 12, 2023 and January 9, 2024.

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August 6, 2024

6 August 2024

Township of Lanark Highlands

The Ombudsman reviewed a complaint that the Committee of the Whole for the Township of Lanark Highlands contravened the open meeting rules on June 27, 2023 when it discussed a management letter regarding draft financial statements with an auditor during a closed session.

The Ombudsman found that the discussion about the management letter fit within the exception for security of the property of the municipality because the information discussed related to an ongoing threat to the security of the municipality’s property. However, the Ombudsman found that the Township contravened the requirements of section 239(7) of the Municipal Act, 2001 on June 27, 2023 by failing to keep an adequate record of what was discussed in camera. As a best practice, the Ombudsman recommended that the Township make audio or video recordings of its closed sessions.

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July 30, 2024

30 July 2024

Township of Tiny

The Ombudsman received complaints about the meeting practices of the Township of Tiny Administrative Centre Committee.

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June 26, 2024

26 June 2024

Stair-struck

A business owner complained to us after his municipality informed him that a set of stairs on the back of his building encroached on municipal property.

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June 26, 2024

26 June 2024

Municipal mine-field

We were contacted by the leaseholder of Crown land that included ski trails and a drainage system that had previously been installed by his municipality.

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June 26, 2024

26 June 2024

In the zone

A homeowner reached out to us when the land around her home was rezoned from agricultural to industrial.

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June 26, 2024

26 June 2024

More fair, less taxing

A woman who could not pay her property taxes due to financial hardship sought our help after her municipality refused her request to cancel her debt.

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May 31, 2024

31 May 2024

Township of Springwater

The Ombudsman received complaints regarding a special meeting held by council for the Township of Springwater on May 3, 2023. The complaints collectively alleged that council’s discussions in closed session did not fit within the closed meeting exceptions in the Municipal Act, 2001.

The Ombudsman found that that 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. While a discussion about the completed hiring process for a specific position did not fit within the cited exception for labour relations and employee negotiations, a portion of that discussion came within the personal matters exception, and the remainder of that discussion could not be parsed. Accordingly, the Ombudsman found that council did not contravene the Municipal Act, 2001 at its special meeting on May 3, 2023.

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May 21, 2024

21 May 2024

Township of McMurrich/Monteith

The Ombudsman investigated closed meetings held by council for the Township of McMurrich/Monteith on September 5 and September 14, 2023, during which Council discussed a potential disposal of municipally owned property. The Ombudsman found that council did not contravene the open meeting rules in the Municipal Act, 2001. The first portion of the closed meeting discussion on September 5 discussion fit within the exception for advice subject to solicitor-client privilege, and the second portion fit within the exception for the acquisition or disposition of land. The closed meeting discussion on September 14 fit within the exception for the acquisition or disposition of land.

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May 21, 2024

21 May 2024

Township of Lanark Highlands

The Ombudsman reviewed a complaint about meetings held by council for the Township of Lanark Highlands.

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May 9, 2024

9 May 2024

Municipality of Temagami

The Ombudsman investigated a closed meeting held by council for the Municipality of Temagami on June 20, 2023, during which council discussed previously owned property, a request to sell property, and issues related to a local long-term care home.

The Ombudsman found that council did not contravene the open meeting rules in the Municipal Act, 2001 as these discussions fit within the exceptions for personal matters about an identifiable individual, acquisition or disposition of land, and litigation or potential litigation.

The Ombudsman also reviewed whether public notice was provided for the June 20, 2023 meeting, and found that the municipality had provided notice several days prior. The Ombudsman noted as a best practice that meeting minutes should be made available publicly available to improve accountability and transparency.

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April 29, 2024

29 April 2024

Town of Amherstburg

The Ombudsman received a complaint regarding several meetings held by council for the Town of Amherstburg in 2022 and 2023. The complaint alleged that council contravened the open meeting rules in the Municipal Act, 2001 by failing to provide sufficient information about the topics of discussion in resolutions to proceed into closed session on August 8, 2022, February 13, 2023, and March 27, 2023. The complaint also alleged that council held meetings on November 29 and 30, 2022, which were not livestreamed and were not open to the public, and that council failed to provide public notice of its February 14, 2023 training session.

The Ombudsman found that council contravened the Municipal Act, 2001 by failing to provide sufficient information about some of the topics of discussion in its resolutions to proceed into closed session. However, the Ombudsman found that the Town did not contravene the Municipal Act, 2001 on November 29 and 30, 2022, as he determined that the public could have attended the meetings in person, although he was unable to determine whether they were livestreamed. Likewise, council did not contravene the open meeting rules regarding notice of the February 14, 2023 meeting, as its training session did not come within the definition of meeting, and was therefore not subject to the open meeting rules.

The complaint also alleged that a gathering of members of the Town’s Accessibility Advisory Committee at a transit facility, where committee members were shown a demonstration of an accessible bus, in September 2022 was a meeting that was subject to the open meeting rules. The Ombudsman found that the Town did not contravene the Municipal Act, 2001 on September 8, 2022, as the gathering at the transit facility did not materially advance the committee’s business or decision-making, and was not a meeting subject to the open meeting rules.

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April 2, 2024

2 April 2024

Municipality of Calvin

The Ombudsman received a complaint about meetings held by the Municipality of Calvin’s Ad Hoc Code of Conduct Working Group and Ad Hoc Municipal Planning Working Group. The complaint alleged that these two bodies were committees of council, and that they did not provide the public with notice of their meetings, publish meeting agendas, or have someone clerk or record minutes of their meetings, contrary to the Municipal Act, 2001 and the Municipality’s procedural by-law. The complaint also raised procedural concerns that these bodies were not properly established by resolution or by-law.

The Ombudsman found that the Ad Hoc Code of Conduct Working Group and Ad Hoc Municipal Planning Working Group were established through council resolution and were committees of council. The Municipality contravened both the Municipal Act, 2001 and its procedural by-law in not providing notice of these groups’ meetings and in not having someone clerk or record minutes of their meetings. However, the Municipality did not violate either the Act or the Municipality’s procedural by-law by not providing members of the public with these groups’ meeting agendas.

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March 15, 2024

15 March 2024

Submission to the Ministry of Northern Development regarding the proposed modernization of the Northern Services Boards Act

The Ministry of Northern Development has recently sought feedback on potential changes to the Northern Services Boards Act.

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February 20, 2024

20 February 2024

City of Elliot Lake

The Ombudsman received complaints that two closed meetings of council for the City of Elliot Lake did not fit into the closed meeting exceptions. The Ombudsman found that the meetings fit within the closed meeting exceptions except for a portion of one of the closed session discussions, which did not fit within the exception for personal matters.

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February 13, 2024

13 February 2024

City of Kawartha Lakes

The Ombudsman reviewed a complaint that the City of Kawartha Lakes’ Short Term Rental Licensing Program Task Force may have held illegal meetings between April and June 2023, during the development of a by-law to licence, regulate, and govern short-term rental accommodation.

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January 16, 2024

16 January 2024

City of London

The Ombudsman reviewed a complaint about a gathering held by members of the Community and Protective Services Committee of the City of London on March 21, 2023. The complaint alleged that a quorum of the committee held a tour with the Executive Director of a local non-profit organization and expressed concern that, a few hours later, the committee held a formal meeting, during which it voted to recommend approving conditional funding for the non-profit.

The Ombudsman found that the gathering constituted an illegal meeting under the open meeting rules, as a quorum of the committee was present and committee business was materially advanced during the gathering. The Ombudsman noted that the information received by committee members during the gathering could reasonably be construed as having informed their decision-making. The Ombudsman recommended that members who organize tours that may be subject to the open meeting rules should consult with City staff.

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January 3, 2024

3 January 2024

Municipality of Casselman

The Ombudsman received complaints about a secret call held by members of council for the Municipality of Casselman on January 26, 2021. An audio recording of the call was inadvertently published on the Municipality’s website and the complainants were concerned that the discussion during the call advanced council business and constituted an illegal closed meeting under the Municipal Act, 2001.

The Ombudsman’s investigation found that a quorum of council for the Municipality of Casselman materially advanced matters that constituted council business during the call, that it constituted a “meeting” under the Municipal Act, 2001, and was a very serious violation of the open meeting rules.

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December 6, 2023

6 December 2023

County of Haliburton

The Ombudsman received complaints that a closed meeting of council for the County of Haliburton did not fit into the closed meeting exceptions. The Ombudsman found that the closed meeting did not fit into the exceptions for matters under another Act or information supplied in confidence by a third party. However, a portion of the closed session discussion fit within the exception for advice subject to solicitor-client privilege.

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November 29, 2023

29 November 2023

Town of Grimsby

The Ombudsman received a complaint that council for the Town of Grimsby contravened the open meeting rules when it held a closed meeting on February 21, 2023.

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November 23, 2023

23 November 2023

Township of Morley

The Ombudsman reviewed a complaint about a gathering of a quorum of members of council for the Township of Morley on December 14, 2022. The complaint alleged that the gathering was a meeting that did not comply with the open meeting rules in the Municipal Act, 2001.

The Ombudsman found that that the Township of Morley contravened the open meeting rules in the Municipal Act, 2001 on December 14, 2022. The members of council, who also comprised a quorum of the Roads and Public Utilities Standing Committee, held a discussion in a Township garage with a member of staff regarding snowplowing operations and materially advanced the Township’s business and decision-making. In failing to treat the gathering as a meeting subject to the open meeting rules, the Township of Morley contravened the open meeting requirements of the Municipal Act, 2001.

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November 21, 2023

21 November 2023

City of Hamilton

The Ombudsman investigated a complaint about a closed meeting held on February 6, 2019 by the General Issues Committee of the City of Hamilton. The discussion in closed session related to a consultant’s report from November 20, 2013 that found that there were low levels of friction on the Red Hill Valley Parkway. The complaint alleged that the Committee breached the open meeting rules when it misrepresented a four-part PowerPoint presentation as a single item, and that some of the content did not fit within the exceptions of the Municipal Act, 2001.

The Ombudsman concluded that the Committee did not contravene the open meeting requirements under the Municipal Act, 2001, as the in camera discussion was permissible under the Act. However, to improve the accountability and transparency of its meetings, the Ombudsman made best practice suggestions relating to the Committee’s closed meeting procedures.

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November 16, 2023

16 November 2023

Township of Sables-Spanish Rivers

The Ombudsman reviewed a complaint regarding two closed meetings held by council for the Township of Sables-Spanish Rivers on July 26 and August 9, 2023.

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November 16, 2023

16 November 2023

City of Hamilton

The Ombudsman received a complaint that a meeting of the City of Hamilton’s Agriculture and Rural Affairs Sub-Committee did not livestream a meeting to the public.

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November 8, 2023

8 November 2023

Municipality of Brockton

The Ombudsman reviewed a complaint that council for the Municipality of Brockton contravened the open meeting rules on February 14, 2023 when it discussed a partnership proposal during a closed session.

The Ombudsman found that discussions about the partnership proposal did not fit within the exception for information supplied in confidence because the information discussed was not supplied confidentially and the reasonable expectation of harm was not clearly established. As a best practice, the Ombudsman recommended that, before relying on the exception for information supplied in confidence, the Municipality should confirm with the third party whether or not the information was supplied in confidence, and, where appropriate, inquire into what concrete harms could be expected if the information was disclosed publicly.
 

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October 30, 2023

30 October 2023

Huronia Airport Task Force

The Ombudsman reviewed a complaint that the April 19, 2022 electronic presentation of the Huronia Airport Task Force was not broadcast in the manner specified on the public notice.
 
The Ombudsman found that the Huronia Airport Task Force was a committee of the Town of Midland, the Town of Penetanguishene, and the Township of Tiny under each municipality’s procedure by-law. The Ombudsman determined that as the Huronia Airport Task Force materially advanced its business on April 19, 2022, the presentation was a meeting subject to the open meeting rules in each municipality’s procedure by-law. The Ombudsman found that the Town of Midland, the Town of Penetanguishene, and the Township of Tiny contravened the open meeting rules under their respective procedure by-laws when the municipalities failed to provide updated public notice regarding the changed electronic location of the Huronia Airport Task Force’s meeting on April 19, 2022, or record minutes of that meeting.

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October 19, 2023

19 October 2023

Town of Deep River

The Ombudsman reviewed a complaint regarding the April 19, 2023 meeting of Council for the Town of Deep River.

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October 5, 2023

5 October 2023

Permit me

A woman complained to us about how her municipality handled her request to convert a shipping container into a garden shed.

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October 5, 2023

5 October 2023

Home again

A woman reached out to us because her family’s subsidized housing unit was uninhabitable after a fire.

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October 5, 2023

5 October 2023

All’s well that ends well

Three residents told us that construction near their homes had caused their wells to dry up.

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October 5, 2023

5 October 2023

Every vote counts

Shortly before the day of the October 2022 municipal election, several voters in one municipality complained to us that their mail-in ballots arrived too late.

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September 20, 2023

20 September 2023

Municipality of Callander

The Ombudsman received complaints about meetings held by the Committee of Adjustment; the Culture, Heritage and Tourism Committee; the Events Committee; and the Implementation and Beautification Advisory Committee in the Municipality of Callander.

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September 7, 2023

7 September 2023

Municipality of West Elgin

The Ombudsman received a complaint that members of the public could not access the live broadcast of a meeting of council for the Municipality of West Elgin after council returned to open session from a closed session.

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July 12, 2023

12 July 2023

Township of Alberton

Our Office received a complaint from a person who was removed from the Township of Alberton’s May 11, 2022 hybrid council meeting because they refused to identify themselves on Zoom. The Township has a requirement that all attendees of council meetings, whether in person or virtual, must identify themselves. The purpose of this requirement in the context of virtual council meetings is to prevent “Zoom bombings”, in which uninvited individuals join a meeting and act in a disruptive manner.

The Ombudsman concluded that by removing the complainant from the meeting on May 11, 2022, the Township contravened the open meeting rules. Municipalities have an obligation to ensure that members of the public can freely access and observe open meetings and must be careful about placing conditions on their ability to do so. While not all such conditions will necessarily be a violation of the open meeting rules, in this case, requiring the public identification of all attendees was an overly intrusive measure that was not proportionate to the objective of preventing “Zoom bombings”.

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July 7, 2023

7 July 2023

Township of Adjala-Tosorontio

The Ombudsman reviewed complaints that council for the Township of Adjala-Tosorontio contravened the open meeting rules on June 29, 2021, and March 1 and 7, 2022.

The Ombudsman found that discussions with Township solicitors about a development project and a specific agreement fit within the exception for solicitor-client privilege. However, he found that several resolutions to close the meeting to the public did not include a general description of the topic to be discussed in camera. He also found that council failed to formally vote on a resolution to move in camera. Finally, the Ombudsman found issues with the Township’s procedural by-law, which did not adequately address public notice for special meetings of council, and with the Township’s minutes, which fell short of the requirements outlined in its procedural by-law.

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June 5, 2023

5 June 2023

City of Hamilton

The Ombudsman reviewed a complaint alleging that the Board of Trustees for the Hamilton Waterfront Trust contravened the open meeting rules on February 21, 2023 when it discussed a letter outlining the Ombudsman’s findings about previous closed meeting complaints in closed session.

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June 1, 2023

1 June 2023

Municipality of Calvin

The Ombudsman received two complaints about electronic meetings held by council for the Municipality of Calvin on May 10 and June 14, 2022. The complaints alleged that the Municipality did not provide the public with proper public notice or the means to observe these two electronic council meetings, contrary to the Municipal Act, 2001 and the Municipality’s procedure by-law.

The Ombudsman found that council for the Municipality of Calvin contravened the open meeting rules by failing to ensure proper notice was provided for the May 10 and June 14, 2022 meetings. Additionally, the Ombudsman found that council contravened the Act on June 14, 2022, by failing to ensure that the public could observe the meeting in real time.

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May 19, 2023

19 May 2023

Niagara Central Dorothy Rungeling Airport Commission

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.

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May 17, 2023

17 May 2023

Town of Amherstburg

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.

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May 15, 2023

15 May 2023

Town of Huntsville

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

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May 12, 2023

12 May 2023

City of London

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

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May 10, 2023

10 May 2023

Township of Douro-Dummer

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.
 

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March 28, 2023

28 March 2023

Municipality of Arran-Elderslie

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.

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March 20, 2023

20 March 2023

Grey Bruce Health Unit

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.

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March 3, 2023

3 March 2023

City of Greater Sudbury

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.

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February 24, 2023

24 February 2023

City of London

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.

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February 16, 2023

16 February 2023

Township of Emo

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.

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February 9, 2023

9 February 2023

Saugeen Municipal Airport Commission

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.

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February 8, 2023

8 February 2023

City of Cornwall

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.

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February 6, 2023

6 February 2023

City of Hamilton

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

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February 1, 2023

1 February 2023

Township of Adjala-Tosorontio

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.

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January 30, 2023

30 January 2023

Township of McKellar

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.

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January 30, 2023

30 January 2023

Township of Nipissing

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.

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January 23, 2023

23 January 2023

Municipality of Casselman

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.

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January 18, 2023

18 January 2023

City of Hamilton

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.

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January 4, 2023

4 January 2023

Township of Prince

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

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January 3, 2023

3 January 2023

City of Sault Ste. Marie

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.

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December 13, 2022

13 December 2022

Norfolk County

The Ombudsman received a complaint regarding closed meetings held by council for Norfolk County on March 8, April 12, and May 10, 2022.

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December 9, 2022

9 December 2022

Town of Wasaga Beach

The Ombudsman received a complaint alleging that the Coordinated Committee for the Town of Wasaga Beach contravened the Municipal Act, 2001 on July 21, 2022, when it moved in camera to discuss a report pertaining to the redevelopment of Town-owned property.

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November 11, 2022

11 November 2022

City of Niagara Falls

The Ombudsman received a complaint alleging that council for the City of Niagara Falls held a closed meeting on April 12, 2022 that did not comply with the requirements in the Municipal Act, 2001.

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September 26, 2022

26 September 2022

Township of Minden Hills

The Ombudsman received a complaint regarding closed meetings held by council for the Township of Minden Hills in 2021 and 2022.

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September 13, 2022

13 September 2022

Town of South Bruce Peninsula

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.

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September 7, 2022

7 September 2022

City of Hamilton

The Ombudsman received a complaint regarding a meeting held by the Heritage Permit Review Sub-Committee on March 15, 2022, and a meeting held by the Agriculture and Rural Affairs Advisory Committee on March 29, 2022, for the City if Hamilton.

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August 31, 2022

31 August 2022

City of Pickering

The Ombudsman received a complaint alleging that council for the City of Pickering violated the open meeting rules found in the Municipal Act, 2001 on January 10, 2022.

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August 31, 2022

31 August 2022

Dufferin County

The Ombudsman received a complaint regarding a closed meeting held by Dufferin County’s Infrastructure and Environmental Services Standing Committee on April 28, 2022.

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August 19, 2022

19 August 2022

Municipality of Casselman

The Ombudsman received a complaint alleging that council for the Municipality of Casselman contravened the Municipal Act, 2001 during a meeting on October 26, 2021, by failing to pass a resolution describing the general nature of the matter to be discussed in closed session before moving in camera. The Ombudsman found that council contravened subsection 239(4) of the Act when it failed to state by resolution the general nature of the matter to be considered in camera. The Ombudsman also noted that the minutes did not accurately reflect the proceedings of the meeting.

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August 19, 2022

19 August 2022

Municipality of Casselman

The Ombudsman received a complaint alleging that council for the Municipality of Casselman held a closed session on May 27, 2021, when three members of council participated in a video call pertaining to a development project with a neighbouring municipality. The presence of two members of council was never disclosed to other participants on the video call. The complainant was concerned that this gathering constituted an illegal meeting under the Municipal Act, 2001.

The Ombudsman found that the video call did not contravene the Act because the discussions during the call were technical and informational in nature and did not materially advance council business or decision-making. However, the Ombudsman strongly encouraged the Municipality to maximize the transparency of its practices by disclosing the presence of all participants at any virtual gathering.

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August 15, 2022

15 August 2022

City of Brockville

The Ombudsman reviewed a complaint that council for the City of Brockville contravened the Municipal Act, 2001 when it went in camera on October 13, 2021. Council’s in camera discussions pertained to an employee’s performance in their role and to the employee’s conduct. The complaint also raised concerns relating to public notice for the meeting on October 13, 2021, and also for a meeting on October 18, 2021. The Ombudsman found that council’s in camera discussion on October 13, 2021 was permissible under the exception at paragraph 239(2)(b) of the Act, personal matters about an identifiable individual. However, council contravened the Act by failing to state in its resolution the general nature of the matter to be considered, as required by subsection 239(4). The Ombudsman also found that council did not comply with subsection 238(2.1) of the Act on October 13 and October 18, 2021 because its procedure by-law fails to provide for public notice about the calling, place and proceedings of special meetings.

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August 10, 2022

10 August 2022

Culvert conundrum

A homeowner complained to us that her municipality was demanding she pay more than $5,000 in fees for a permit for a culvert that had been built under her driveway years ago.

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August 10, 2022

10 August 2022

Personal reasons

A man seeking a property tax deferment complained to us that council had unfairly rejected his request because there wasn’t time to consider it.

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August 10, 2022

10 August 2022

Triple trouble

A woman complained to us that she had no idea why her water bill had tripled in a few months with no change to her consumption, and the municipal billing department would not help.

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August 10, 2022

10 August 2022

Paying the piper

After water rates were increased in a small municipality, we received 48 complaints from local residents who disagreed with the increase.

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July 29, 2022

29 July 2022

Town of Amherstburg

The Ombudsman received complaints alleging that council for the Town of Amherstburg violated the open meeting rules found in the Municipal Act, 2001 when it held in camera meetings on August 8, September 13, November 8, and November 16, 2021.

The Ombudsman found that the Town did not contravene the Act’s open meeting requirements in closing these meetings to the public. However, the Town contravened section 239(4)(a) of the Act on September 13 and November 16, 2021 by failing to state by resolution the general nature of the matters to be considered in camera. The Town also contravened the requirements of section 239(7) of the Act by failing to keep a record of what occurred in camera on November 8 and November 16, 2021.

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July 29, 2022

29 July 2022

Township of Russell

The Ombudsman received a complaint about a special council meeting held by the Township of Russell on January 10, 2022.

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July 14, 2022

14 July 2022

City of Niagara Falls

The Ombudsman received a complaint regarding a closed meeting held by the Governance Committee for the Niagara Falls Downtown Business Improvement Area on January 12, 2022.

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July 6, 2022

6 July 2022

Township of Leeds and the Thousand Islands

The Ombudsman received a complaint alleging that the Committee of the Whole for the Township of Leeds and the Thousand Islands contravened the Municipal Act, 2001 when it received an update about negotiations with a commercial partner during a closed session.

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June 20, 2022

20 June 2022

Township of Lanark Highlands

The Ombudsman investigated a closed meeting held by council for the Township of Lanark Highlands on December 7, 2021. Council proceeded in camera to discuss the performance of an individual in the context of their employment with the Township. Council also discussed the Township’s finances, which would typically occur in open session. However, the Ombudsman found that it would have been impractical for council to parse its discussion of the Township’s finances from its discussion about the performance of an employee. The Ombudsman found that council did not contravene the Municipal Act, 2001 since the meeting fit under the exception for personal matters about an identifiable individual.

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June 15, 2022

15 June 2022

Town of Pelham

The Ombudsman investigated a closed meeting held by council for the Town of Pelham on April 19, 2021, during which council discussed future management and potential development of the local airport. The Ombudsman found that council contravened the Municipal Act, 2001 when it met in closed session since the discussion did not fit under any exceptions to the open meeting rules. The Ombudsman also found that council contravened the requirements of section 239(4)(a) of the Municipal Act, 2001 when it failed to state by resolution the general nature of the matters to be considered in camera.

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June 9, 2022

9 June 2022

Saugeen Municipal Airport Commission

The Ombudsman reviewed a complaint that the Saugeen Municipal Airport Commission contravened the Municipal Act, 2001 when it went in camera during a meeting on September 27, 2021. The Ombudsman found that the Commission’s discussion about an agreement with a client was permissible under the exception for plans and instructions for negotiations. However, the Commission contravened the Act when it discussed an agreement with municipalities and the related withdrawal process, as well as financial information. Moreover, prior to moving into closed session, the Commission failed to state in its resolution the general nature of the matter to be considered as required by subsection 239(4) of the Act.

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May 24, 2022

24 May 2022

City of Owen Sound

The Ombudsman received a complaint alleging that council for the City of Owen Sound violated the open meeting rules found in the Municipal Act, 2001 on March 14, 2022.

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May 20, 2022

20 May 2022

Bruce County

The Ombudsman received a complaint about four meetings of Bruce County’s Executive Committee on September 21, 2017, August 2 and September 6, 2018, and January 10, 2019. The complaint alleged that the Committee contravened the Municipal Act, 2001 when it closed these meetings to the public and failed to report back in open session about its discussions.

The Ombudsman found that the Committee did not contravene the Act when it proceeded in camera on August 2, 2018. However, the Committee contravened the Act on September 21, 2017, and September 6, 2018. The Committee’s brief in camera discussion on January 10, 2019, about a new position for a specified individual fit within the exception for personal matters about an identifiable individual, however, this matter could have been parsed from the rest of the Committee’s discussion, which did not fit within any of the closed meeting exceptions.

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May 12, 2022

12 May 2022

Township of Huron-Kinloss

The Ombudsman received a complaint about three closed meetings held by council for the Township of Huron-Kinloss.

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May 5, 2022

5 May 2022

City of Niagara Falls

The Ombudsman received a complaint alleging that meetings of the Board of Directors of the Niagara Falls Hydro Holding Corporation constitute meetings of City council, and that consequently, these meetings do not comply with the Municipal Act, 2001’s open meeting requirements because they are not open to the public.

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April 13, 2022

13 April 2022

City of Kawartha Lakes

The Ombudsman received a complaint about two working group meetings of the Off Road Vehicle Task Force of the City of Kawartha Lakes held on February 19 and March 4, 2021. The complainant alleged that the meetings were held in violation of the open meeting rules in the Municipal Act, 2001 because they were not open to the public. The Ombudsman found that the Task Force was a committee of council and was therefore required to comply with the open meeting rules. It was determined that there was quorum and the business of the Task Force was materially advanced at the February 19 and March 4, 2021 working group meetings. In closing these meetings to the public, the Task Force violated the requirements of the Municipal Act, 2001.

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April 5, 2022

5 April 2022

Township of Leeds and the Thousand Islands

The Ombudsman reviewed a complaint that council for the Township of Leeds and the Thousand Islands contravened the Municipal Act, 2001 when it went in camera on August 11, 2020. Council’s in camera discussion pertained to a study report and a funding application, both related to an internet broadband project.

The Ombudsman found that council’s discussion about the study report was permissible under the exception at s. 239(2)(j), information belonging to the municipality. However, council contravened the Act by discussing the funding application in camera and by holding a vote by consensus on this matter. Furthermore, prior to moving into closed session, council failed to state in its resolution the general nature of the matter to be considered as required by s. 239(4).

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March 28, 2022

28 March 2022

Town of Hawkesbury

The Ombudsman received a complaint that council for the Town of Hawkesbury met in closed session on November 8, 2021, contrary to the Municipal Act, 2001.

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March 28, 2022

28 March 2022

Township of McMurrich/Monteith

The Ombudsman investigated two closed meetings held by council for the Township of McMurrich/Monteith on June 8 and July 6, 2021. The Ombudsman found that council did not contravene the Municipal Act, 2001 when it held a closed meeting on June 8, 2021 since part of the discussion fit under the exception for solicitor-client privilege and the rest of the discussion fit under the exception for plans or instructions for negotiations. The Ombudsman found that the delegation to council during the closed meeting on July 6, 2021 did not fit under any closed meeting exceptions while council’s subsequent discussion fit under the exception for litigation or potential litigation. Accordingly, the Ombudsman found that council contravened the Municipal Act because it would have been possible for council to parse the delegation portion of the meeting from its subsequent discussion.

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March 15, 2022

15 March 2022

City of Niagara Falls

The Ombudsman found that council for the City of Niagara Falls contravened the open meeting rules when it discussed the process for establishing a Chief Administrative Officer recruitment sub-committee in closed session on November 17, 2020. The discussion did not fit within any exception under the Municipal Act, 2001.

The Ombudsman also found that council failed to describe the subject to be discussed in closed session in its resolution to proceed in camera. Council further contravened the Act when it passed a resolution to go in camera during a portion of the meeting that was effectively closed to the public, as the public was unable to attend in person or observe a live broadcast.

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February 8, 2022

8 February 2022

Municipality of St.-Charles

The Ombudsman received a complaint alleging that the Environmental Services Committee for the Municipality of St.-Charles held a closed session on August 17, 2021, when the two members sitting on the Committee attended a gathering with residents relating to garbage collection issues.

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February 2, 2022

2 February 2022

City of Hamilton

The Ombudsman received a complaint about an electronic meeting held by the City of Hamilton’s Board of Health on August 11, 2021.

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January 25, 2022

25 January 2022

Township of Pelee

The Ombudsman reviewed a closed session held by council for the Township of Pelee on June 22, 2021. The Ombudsman found that since council did not discuss a matter in a way that materially advanced business or decision-making, the gathering was not a meeting subject to open meeting rules under the Municipal Act. The Ombudsman found that even if the gathering had been a meeting, it was permissible to have the discussion in camera under the exception for education or training.

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January 21, 2022

21 January 2022

Town of Collingwood

The Ombudsman reviewed two closed meetings held by council for the Town of Collingwood on February 6 and June 11, 2018. The Ombudsman found that legal fee quotes containing specific information, such as suggested strategy, constitute advice subject to solicitor-client privilege. The Ombudsman found that council did not contravene the Municipal Act, 2001 since both meetings fit under the exception for advice subject to solicitor-client privilege.

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January 5, 2022

5 January 2022

City of Hamilton

The Ombudsman received complaints about the meeting practices of the Board of Directors for the City of Hamilton Farmers’ Market.

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December 29, 2021

29 December 2021

Township of Nairn and Hyman

The Ombudsman reviewed meetings held by the Investigation Committee in the Township of Nairn and Hyman. The Ombudsman found that the municipality contravened the open meeting rules when it did not provide public notice of Investigation Committee meetings and when council did not state by resolution the general nature of the matters to be discussed in camera. The Ombudsman recommended that the Township ensure it provides public notice for all committee meetings, and that resolutions to proceed in camera provide a general description of the issues to be discussed.

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December 16, 2021

16 December 2021

Township of Russell

The Ombudsman received a complaint that council for the Township of Russell contravened the Municipal Act, 2001 when it proceeded in camera on November 16, 2020 to discuss an infrastructure project. The complaint contended that the discussion did not fit within any exception to the open meeting rules. After investigating the matter, the Ombudsman held that council’s discussion was permissible under the exceptions at s. 239(2)(c), acquisition or disposition of land, and s. 239(2)(k), plans and instructions for negotiations.

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December 13, 2021

13 December 2021

Town of Wasaga Beach

The Ombudsman received a complaint alleging that council for the Town of Wasaga Beach contravened the Municipal Act, 2001’s open meeting requirements on September 22, 2021.

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December 10, 2021

10 December 2021

Township of Russell

The Ombudsman reviewed a closed meeting held by council for the Township of Russell to discuss information received in confidence from another level of government.

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December 9, 2021

9 December 2021

Saugeen Municipal Airport Commission

The Ombudsman reviewed a complaint alleging that the Saugeen Municipal Airport Commission contravened the Municipal Act, 2001 when it did not provide consistent public notice of its electronic meetings, including instructions on how to access the meetings. The complaint further alleged that the Commission contravened the open meeting rules because members of the public were unable to rejoin meetings after the commissioners rose from closed session. The Ombudsman found that the Commission is a local board and contravened the Municipal Act when it held meetings without providing adequate public notice, and by failing to pass a procedure by-law governing its meetings. The Commission also contravened the Municipal Act when it failed to adequately notify members of the public about how to request readmission to the portion of an open meeting following a closed session. The Ombudsman recognized that the Commission did not intend to exclude the public and commended the Commission’s efforts to increase transparency through changes to its public notice process and adoption of a formal procedure to ensure that observers are adequately informed about how to observe portions of a meeting occurring after a closed session. The Ombudsman recommended that the Commission adopt a procedure by-law governing its meetings and providing for public notice of all meetings. The Ombudsman further recommended that the Commission ensure the public is able to observe all open portions of meetings.

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December 9, 2021

9 December 2021

Town of Espanola

The Ombudsman received a complaint in May 2021 that a quorum of council for the Town of Espanola, made up of the Mayor and three councillors, improperly met on January 31, 2019 behind closed doors after the regular council meeting had concluded, contrary to the Municipal Act, 2001.

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December 6, 2021

6 December 2021

Loyalist Township

The Ombudsman received a complaint alleging that council for Loyalist Township improperly held a closed session on May 3, 2021, when a council member conducted a series of individual phone calls with other council members ahead of a committee meeting concerning a grant policy.

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December 1, 2021

1 December 2021

Municipality of Temagami

The Ombudsman received a complaint about closed meetings held electronically by council for the Municipality of Temagami on March 8, 2021 and March 25, 2021.

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November 19, 2021

19 November 2021

Township of South Algonquin

The Ombudsman received a complaint alleging that council for the Township of South Algonquin contravened the Municipal Act, 2001’s open meeting requirements on September 8, 2021.

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October 20, 2021

20 October 2021

Town of Fort Erie

The Ombudsman received a complaint alleging that council for the Town of Fort Erie contravened the Municipal Act’s open meeting requirements on July 26, 2021 when it met in closed session to discuss the disposition of a fire station.

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October 18, 2021

18 October 2021

Township of Lucan Biddulph

The Ombudsman reviewed a complaint alleging that meetings held by the Baconfest Committee and two workings groups in the Township of Lucan Biddulph contravened the open meeting requirements. The Ombudsman found that the Baconfest Committee fell within the Township’s definition of “committee” and that council contravened the open meeting rules when it did not provide notice, or record meeting minutes, of Baconfest Committee meetings. The Ombudsman applauded the Township’s proactive choice to dissolve the two working groups, which was done prior to his investigation, and replace them with one committee. The Ombudsman recommended, as a best practice, that the Township formally establish all committees by by-law, and ensure that all meetings are conducted in accordance with the open meeting rules.

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October 14, 2021

14 October 2021

Town of South Bruce Peninsula

The Ombudsman received a complaint alleging that council for the Town of South Bruce Peninsula improperly met in closed session on March 16, 2021, to receive a delegation  contrary to the Municipal Act, 2001.

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October 1, 2021

1 October 2021

Township of Brudenell, Lyndoch and Raglan

The Ombudsman received a complaint alleging that council for the Township of Brudenell, Lyndoch and Raglan contravened the Municipal Act’s open meeting requirements on October 8, 2019. The complaint alleged that council’s discussion did not fit within the exception for litigation and potential litigation under the Municipal Act, 2001. The Ombudsman’s investigation found that council’s discussion was permissible under this exception, as it related to a matter before an administrative tribunal. However, the Ombudsman found that the Township failed to record minutes of the closed session or state by resolution the general nature of the matters to be considered in camera. The Ombudsman recommended that the Township keep minutes of all open and closed meetings, ensure the integrity of any audio recordings of meetings, and make a number of amendments to bring its procedure by-law in line with the requirements under the Municipal Act, 2001.

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September 29, 2021

29 September 2021

Township of South Frontenac

The Ombudsman received a complaint alleging that council for the Township of South Frontenac contravened the Municipal Act’s open meeting requirements on July 13, 2021.

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September 9, 2021

9 September 2021

Municipality of West Nipissing

The Ombudsman received complaints alleging that council for the Municipality of West Nipissing contravened the Municipal Act’s open meeting requirements on May 12, 2021.

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September 4, 2021

4 September 2021

Township of Lanark Highlands

The Ombudsman received a complaint alleging that council for the Township of Lanark Highlands contravened the Municipal Act’s open meeting requirements on September 22, 2020. The complaint alleged that council’s discussion did not fit within the exceptions to the open meeting rules in the Municipal Act, 2001. The Ombudsman’s investigation found that council’s discussion was permissible under the Municipal Act’s closed meeting exception for personal matters about an identifiable individual in s.239(2)(b). As a best practice, the Ombudsman recommended that the Township ensure that its meeting minutes reflect the council’s discussion on all substantive matters and that closed sessions are recorded.

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September 3, 2021

3 September 2021

Township of Lanark Highlands

The Ombudsman received a complaint about the meeting practices of the Joint Planning Committee (JPC) for the ConnectWell Community Health Centre in the Township of Lanark Highlands.

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August 25, 2021

25 August 2021

Submission to the Ministry of Municipal Affairs and Housing

Since January 1, 2016, my Office has had the authority to review complaints about municipalities, including municipal boards and corporations. Between January 1, 2016 and March 31, 2021, we received more than 14,000 complaints about municipalities. Through our review and investigation of complaints, we often identify best practices and suggestions to improve municipal processes and strengthen local governance and accountability. Most municipalities appreciate the information that we provide, and are happy to implement improvements locally.

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August 4, 2021

4 August 2021

Township of McKellar

The Ombudsman received a complaint alleging that council for the Township of McKellar improperly met in closed session on June 24, 2021, to discuss the West Parry Sound Pool and Wellness Centre contrary to the Municipal Act, 2001.

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August 4, 2021

4 August 2021

Township of McKellar

The Ombudsman received a complaint alleging that three councillors for the Township of McKellar improperly met with the incoming CAO/Clerk on March 3, 2021, contrary to the Municipal Act, 2001.

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July 14, 2021

14 July 2021

Township of Bonfield

The Ombudsman found that the Township of Bonfield violated the open meeting rules when it held meetings in May and June 2020 over Zoom, without broadcasting or otherwise making the meetings accessible to the public. The Ombudsman recognized that these were the first meetings held by the Township during the COVID-19 pandemic, but noted that the pandemic did not alter the open meeting requirements. The Ombudsman also found that the Township failed to include information about topics discussed in the meeting minutes, including resolutions that were voted on but failed to pass. He recommended that, as a best practice, the Township improve its minute-taking practices.

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July 8, 2021

8 July 2021

Town of Kirkland Lake

The Ombudsman received a complaint alleging that council for the Town of Kirkland Lake contravened the open meeting requirements in the Municipal Act, 2001, when it met in closed session on August 25, 2020. The Ombudsman found that council’s closed session discussion involved scrutinizing individuals’ conduct and job performance and that the employee-employer relationship was central to the discussion. Accordingly, the Ombudsman found that the discussion fit within the ‘personal matters’ and ‘labour relations’ exceptions to the open meeting rules. The Ombudsman found that council for the Town of Kirkland Lake contravened the requirements of s.239(4)(a) of the Municipal Act, 2001, by failing to state by resolution the general nature of the matters to be considered in camera.

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July 8, 2021

8 July 2021

City of Niagara Falls

The Ombudsman received a complaint about a closed meeting held by council for the City of Niagara Falls on October 6, 2020. The complaint alleged that council discussed the designation of the Niagara River as a protected wetland in closed session. The Ombudsman found that this topic fit within the exception for advice subject to solicitor-client privilege as council received legal advice from the City solicitor about the potential designation. However, the Ombudsman found that council’s resolution to go in camera was not broadcast live. The Ombudsman recommended that the City ensure that the public is able to observe all open portions of electronic meetings.

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June 28, 2021

28 June 2021

Cleared up

After a woman told us her drinking water was discoloured and she feared it was unsafe to drink, we contacted her municipality and the Ontario Clean Water Agency, which runs its water system.

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June 28, 2021

28 June 2021

Information flow

More than 30 people from the same municipality sought our help with concerns about leaking water pipes.

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June 28, 2021

28 June 2021

Bad signs

A man who received a ticket for stopping in a “no stopping” zone complained that only a “no parking” sign was visible from the spot.

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June 28, 2021

28 June 2021

Process undermined

Residents who live close to an open-pit mine contacted us in frustration after complaining to their municipality about noise, dust, and emissions for years.

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June 23, 2021

23 June 2021

City of Hamilton

The Ombudsman received complaints about vote results displayed to the public during electronic meetings held by the City of Hamilton.

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May 14, 2021

14 May 2021

Municipality of Grey Highlands

The Ombudsman received a complaint alleging that council for the Municipality of Grey Highlands held a closed session on October 7, 2020, that did not fit within the closed meeting exceptions in the Municipal Act, 2001. Council discussed plans to proceed with negotiations to enter into a joint venture with a third party and provided staff with directions on a series of matters related to the negotiations. The Ombudsman found that the discussion was permissible under the Act’s closed meeting exception for plans and instructions for negotiations.

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May 12, 2021

12 May 2021

City of Greater Sudbury

The Ombudsman received a complaint about a closed meeting held by council for the City of Greater Sudbury on January 12, 2021 via electronic participation. The complaint alleged that council discussed an entertainment district in closed session. The Ombudsman found that council did not discuss the entertainment district. The Ombudsman found that the topics discussed in closed session fit within the exception for personal matters and information supplied in confidence by a third party. However, the Ombudsman found that council’s resolution to go in camera was not broadcast live. The Ombudsman recommended that the City ensure that the public is able to observe all open portions of electronic meetings.

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April 22, 2021

22 April 2021

City of Hamilton

The Ombudsman received a complaint about an electronic meeting held by the LGBTQ Advisory Committee for the City of Hamilton. The Ombudsman found that the public livestream of the meeting was not available for approximately 23 minutes. As a result, the Ombudsman found that the public was excluded from the meeting contrary to the Municipal Act.

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April 15, 2021

15 April 2021

Township of the North Shore

The Ombudsman received a complaint about two closed meetings held by council for the Township of the North Shore on October 8 and October 29, 2020.

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April 14, 2021

14 April 2021

Town of Grimsby

The Ombudsman received a complaint about a closed meeting held by council for the Town of Grimsby on February 16, 2021.

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March 31, 2021

31 March 2021

City of Richmond Hill

The Ombudsman received complaints about in-person closed meetings held by council for the City of Richmond Hill on April 16 and May 14, 2019, and about electronic council meetings held on April 1, April 22, and May 14, 2020. The Ombudsman found that at each meeting where it was discussed, council’s discussion in camera about a land use planning matter that had been appealed to the Local Planning Appeal Tribunal fit within the exception for litigation or potential litigation. However, the Ombudsman found that on April 22 and May 14, 2020, council’s resolution to go in camera was not broadcast live. The Ombudsman recommended that the City ensure that the public is able to observe all open portions of electronic meetings, including the resolution to go in camera and any business conducted after rising from closed session, even when the only item on the agenda is an in camera matter. The Ombudsman also recommended that the City ensure that information on how to access the live broadcast of an electronic meeting is provided in all meeting notices.

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March 29, 2021

29 March 2021

Town of Hawkesbury

The Ombudsman received a complaint alleging that on June 15, 2020, a quorum of councillors for the Town of Hawkesbury discussed council business that they intended to introduce and vote on at a council meeting scheduled for the next day. The complaint alleged that this discussion amounted to a “meeting” and was improperly closed to the public contrary to the Municipal Act, 2001. The Ombudsman found that the Town did not violate the Act’s open meeting requirement because the Mayor’s sequential discussions did not constitute meetings under the Act.

Topics include:Les sujets incluent:

March 29, 2021

29 March 2021

Township of Lake of Bays

The Ombudsman received a complaint about a closed meeting held on August 19, 2020, by council for the Township of Lake of Bays.

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March 17, 2021

17 March 2021

County of Norfolk

The Ombudsman received a complaint alleging that council for the County of Norfolk met in closed session to discuss the budget under the exceptions for personal matters, labour relations and acquisition or disposition of land. The closed session discussion focused on reducing service levels in the municipality by eliminating staff positions. Ombudsman found that council discussed items that fit under the exceptions for personal matters and labour relations. The Ombudsman also found that council’s discussion about selling municipal land to raise capital fit within the “acquisition or disposition of land” exception.

Topics include:Les sujets incluent:

March 12, 2021

12 March 2021

Village of Westport

The Ombudsman received a complaint regarding two meetings held by council for the Village of Westport on September 15, 2020. The complaint alleged that due to a technical issue, council did not livestream the virtual committee of the whole or special council meeting for the public. The complaint alleged that, as a result, these meetings were closed to the public contrary to the Municipal Act, 2001. The Ombudsman confirmed that the public was excluded from these meetings due to technical issues and that as a result, they were improperly closed to the public.

Topics include:Les sujets incluent:

March 2, 2021

2 March 2021

City of Sault Ste. Marie

The Ombudsman received a complaint about a closed meeting held by council for the City of Sault Ste. Marie on July 13, 2020.

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February 10, 2021

10 February 2021

Town of Plympton-Wyoming

The Ombudsman received a complaint alleging that council for the Town of Plympton-Wyoming held a meeting on June 24, 2020 that did not fit within the closed meeting exceptions in the Municipal Act, 2001. The Ombudsman found that council contravened the Act when it discussed how to fill the council vacancy in closed session. The Ombudsman found that this portion of the discussion did not fit within the exception cited under the Act for “personal matters”. Further, because the discussion was not permitted to be closed to the public, council contravened the Act when it decided, in camera, to fill the vacancy by appointment rather than by holding a by-election. The Ombudsman found that council’s closed session discussion regarding two individuals interested in filling the council vacancy fit within the “personal matters” exception under the Act. The Ombudsman also found that council’s vote to consider a motion in open session was a direction to staff and permitted under the Act.

Topics include:Les sujets incluent:

February 3, 2021

3 February 2021

Municipality of Temagami

The Ombudsman received a complaint alleging that council for the Municipality of Temagami discussed matters during two closed meetings that did not fit into the exceptions in the Municipal Act. Council met in closed session on June 13, 2019 to discuss a harassment complaint under the personal matters exception. The Ombudsman found that the discussion only focused on the fact that a complaint had been made and did not include any personal information about identifiable individuals. Council met in closed session on November 7, 2019 to receive the findings of an Integrity Commissioner investigation and harassment investigations. During the meeting, council received legal advice from a lawyer. The Ombudsman found that the discussion fit within the exceptions for personal matters and advice subject to solicitor-client privilege.

Topics include:Les sujets incluent:

February 2, 2021

2 February 2021

Township of Lanark Highlands

The Ombudsman received complaints about the audio quality of a teleconference meeting held on August 11, 2020, by the committee of the whole for the Township of Lanark Highlands.

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January 28, 2021

28 January 2021

Town of Greater Napanee

The Ombudsman received several complaints related to the meeting practices of the Board of Management for the Greater Napanee Business Improvement Area (the Greater Napanee BIA), which is a local board in the Town of Greater Napanee. The complainants alleged that the Board of Management made a decision about charging a levy without holding a properly constituted board meeting. They also alleged that on June 24, 2020, board members met in private at a local business, contrary to the Municipal Act’s open meeting requirements.

The Ombudsman found that the board did not violate the Municipal Act’s open meeting requirements with regard to the levy decision or the social gathering. The Ombudsman also did not support the complainants’ contention that the then-Chair acted unilaterally regarding the levy.

Topics include:Les sujets incluent:

January 13, 2021

13 January 2021

Township of Johnson

The Ombudsman received a complaint alleging that the committee of the whole for the Township of Johnson discussed matters during a closed session of a special council meeting on October 29, 2019, that did not fit within the exceptions to the open meeting rules in the Municipal Act. Further, the complainant alleged that the Township did not provide notice for the special council meeting. The Ombudsman found that the committee’s discussion about the employment history and qualifications of identifiable individuals fit within the personal matters exception to the Municipal Act’s open meeting rules. Further, the Ombudsman found that the Township of Johnson provided sufficient notice for the special council meeting. However, the Ombudsman found that the committee of the whole violated the open meeting rules when it had a vote in closed session to recommend a candidate to fill the council vacancy.

Topics include:Les sujets incluent:

December 22, 2020

22 December 2020

Township of Stone Mills

The Ombudsman received complaints regarding meetings held by the Township of Stone Mills between August 10, 2020 and October 27, 2020.

Topics include:Les sujets incluent:

December 1, 2020

1 December 2020

Township of Southgate

The Ombudsman found that the Township of Southgate Fire Department Advisory and Support Committee held a meeting on October 22, 2019 that was not illegally closed to the public. However, the Ombudsman found that by proceeding to discuss fire services more than 30 minutes after the scheduled start time of the meeting, the township contravened its procedure by-law.

Topics include:Les sujets incluent:

November 5, 2020

5 November 2020

City of Hamilton

The Ombudsman received a complaint about a closed meeting held by the General Issues Committee for the City of Hamilton on August 10, 2020.

Topics include:Les sujets incluent:

October 13, 2020

13 October 2020

Township of Emo

The Ombudsman received a complaint alleging that council for the Township of Emo contravened the Municipal Act’s open meeting requirements on June 23, 2020. The complaint alleged that council’s discussion relating to a “Council Code of Conduct” matter did not fit within the exceptions to the open meeting rules in the Municipal Act, 2001. The Ombudsman’s investigation found that council’s discussion was permissible under the Municipal Act’s closed meeting exception for personal matters about an identifiable individual in s. 239(2)(b). However, the Ombudsman found that the Township contravened the requirements of section 239(4)(a) of the Municipal Act, 2001 by failing to state by resolution the general nature of the matters to be considered in camera.

Topics include:Les sujets incluent:

September 25, 2020

25 September 2020

Township of Sables-Spanish Rivers

We received a complaint that council for the Township of Sables-Spanish Rivers discussed matters in a closed meeting on September 25, 2019 that did not fit into the exceptions in the Municipal Act. The Ombudsman found that council’s discussions about a bidder on a request for proposals, and about candidates for an internship, fit within the exception for personal matters. The complaint also alleged that, prior to entering closed session, the mayor announced that the meeting was over – but council reconvened after the closed session to conduct additional business. The Ombudsman found that council violated the open meeting rules by failing to ensure that the public could observe the portion of the meeting that followed the closed session. The Ombudsman made several recommendations to the township to improve its meeting practices, including ensuring that minutes are complete and accurate, and that votes are limited to directions to staff or procedural matters.

Topics include:Les sujets incluent:

September 23, 2020

23 September 2020

City of Pickering

The Ombudsman received a complaint about a closed meeting held by council for the City of Pickering on August 10, 2020.

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September 9, 2020

9 September 2020

Loyalist Township

The Ombudsman received a complaint alleging that council for Loyalist Township contravened the Municipal Act’s open meeting requirements on July 8, 2019, related to an in camera vote. The complaint also raised concerns about the amount of information that council shared in its report back following the closed session. The Ombudsman’s investigation found that council’s discussion was permissible under the Municipal Act’s closed meeting exception for advice subject to solicitor-client privilege in s. 239(2)(f). However, the Ombudsman found that due to confusion and inadvertence, council’s in camera vote was neither procedural nor a direction to staff contrary to the Act’s voting requirements.

Topics include:Les sujets incluent:

August 31, 2020

31 August 2020

Municipality of West Nipissing

The Ombudsman received a complaint alleging that closed meetings held by council for the Municipality of West Nipissing on April 20th and May 26th were not audio or video recorded, contrary to requirements in the municipality’s procedure by-law.

Topics include:Les sujets incluent:

August 10, 2020

10 August 2020

Town of Saugeen Shores

The Ombudsman received a complaint that council for the Town of Saugeen Shores contravened the Municipal Act’s open meeting requirements on July 22, November 11 and November 25, 2019. He also received a complaint that council held an informal private gathering that amounted to an illegal closed meeting on February 24, 2020. The Ombudsman’s investigation found no contraventions of the Municipal Act’s open meeting requirements.

Topics include:Les sujets incluent:

July 9, 2020

9 July 2020

Township of The North Shore

The Ombudsman received a complaint regarding the April 15, 2020, closed meeting of council for the Township of The North Shore.

Topics include:Les sujets incluent:

July 6, 2020

6 July 2020

Sensitive subjects

We received three complaints about a chaotic meeting of council for the Municipality of West Nipissing in March 2019.

Topics include:Les sujets incluent:

July 6, 2020

6 July 2020

Out-of-town breakdown

As noted in last year’s Annual Report, we received 77 complaints in February 2019 about a City of Hamilton committee’s decision to meet outside of the city – the highest number of complaints we have ever received in a single closed meeting case.

Topics include:Les sujets incluent:

July 6, 2020

6 July 2020

Per-pet-ual licence

A dog owner who went to renew the licences for her pets complained to us when the municipality also charged her to renew the licence of a dog that had died six months earlier.

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July 6, 2020

6 July 2020

Fair warning

A man who moved a trailer onto a property while he waited for a permit to build a house on it complained that the municipality had removed the trailer without notice.

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July 6, 2020

6 July 2020

How much?

A man complained to us that he was charged $123.79 for the installation of a new water meter at his cottage, even though the municipality’s fees by-law listed the fee for water meter replacement as $34.38.

Topics include:Les sujets incluent:

June 19, 2020

19 June 2020

Municipality of Callander

The Ombudsman received a complaint that council discussed a matter that was not listed on the agenda during a closed session on November 19, 2019, and that council held an informal gathering on November 18, 2019 during which they made a decision.

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June 10, 2020

10 June 2020

Town of Pelham

The Ombudsman received a complaint alleging that a quorum of councillors for the Town of Pelham informally met to discuss a possible donation from a cannabis producer on January 9, 2020, contrary to the open meeting rules of the Municipal Act, 2001. The complaint also alleged that councillors subsequently voted via email on whether they would be in favour of accepting the possible donation. The Ombudsman found that the informal discussion and subsequent email did not contravene the Municipal Act’s open meeting requirements as these exchanges did not constitute meetings under the Municipal Act. However, the Town of Pelham acted without legal authority when it decided to inform a third-party organization that it was not in favour of accepting a potential donation from a cannabis company. By failing to act through resolution and confirming by-law passed at a properly constituted council meeting, the municipality tried to shield its decision-making process from public scrutiny. These actions were contrary to law and wrong under section 21(1) of the Ombudsman Act.

Topics include:Les sujets incluent:

April 30, 2020

30 April 2020

Parked at home

A man complained to us about his municipality issuing parking tickets during the COVID-19 state of emergency.

Topics include:Les sujets incluent:

April 22, 2020

22 April 2020

Municipality of Northern Bruce Peninsula

The Ombudsman received a complaint regarding the November 25, 2019 closed meeting of council for the Municipality of Northern Bruce Peninsula.

Topics include:Les sujets incluent:

April 17, 2020

17 April 2020

Township of Russell

The Ombudsman received a complaint about a special meeting held by the Township of Russell on April 2 by electronic participation due to COVID-19. The complaint alleged that the meeting agenda did not provide a link to the website where the meeting would be broadcast. The Ombudsman found that council for the Township did not violate the open meeting rules. The Township provided notice to the public that the meeting would be held via electronic participation and posted a link to the broadcast on its website and on social media prior to holding the meeting.

The Ombudsman commended the Township of Russell for taking additional steps to ensure that information about how to observe and participate in electronic meetings was widely available to the public. The Ombudsman urged all municipalities to do as much as possible to facilitate access by the public to any meetings held electronically during a declaration of emergency. This was the first time the Ombudsman conducted an investigation into a municipal meeting following the passage of the Municipal Emergency Act, 2020, which allows for additional flexibility in holding electronic meetings during an emergency, such as the COVID-19 pandemic.

Topics include:Les sujets incluent:

April 14, 2020

14 April 2020

City of Niagara Falls

The Ombudsman received complaints regarding a closed session discussion held by council for the City of Niagara Falls on July 29, 2019.

Topics include:Les sujets incluent:

January 9, 2020

9 January 2020

City of Welland

The Ombudsman reviewed a meeting of council for the City of Welland held on September 17, 2019.

Topics include:Les sujets incluent:

November 29, 2019

29 November 2019

Inside Job

Investigation into matters relating to the Regional Municipality of Niagara’s hiring of its Chief Administrative Officer, and its administration of his contract

Topics include:Les sujets incluent:

October 29, 2019

29 October 2019

Norfolk County

The Ombudsman determined that council for Norfolk County did not contravene the Municipal Act, 2001, when it went in camera on March 26 and April 2, to discuss the hiring of an interim Chief Administrative Officer (CAO).

Topics include:Les sujets incluent:

October 4, 2019

4 October 2019

City of Hamilton

The Ombudsman received 77 complaints that closed meetings held by the City Manager Recruitment Steering Committee for the City of Hamilton were held in violation of the Municipal Act and the city’s procedure by-law. The complainants alleged that the public was denied access to these meetings, which were held outside city limits at a private venue. They also alleged that meeting times had been changed without notice and that the committee had denied public delegations. The Ombudsman determined that the public had been improperly prevented from attending the open portions of one meeting, contrary to the Municipal Act, and that the city failed to update the meeting time on its website. However, he determined that the location of the meetings was permissible. Exercising his general jurisdiction under the Ombudsman Act to review administrative concerns about municipalities, the Ombudsman determined that the city did not violate its delegation policy by refusing to permit members of the public to delegate during one of the meetings.

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October 3, 2019

3 October 2019

Township of Carling

The Ombudsman received a complaint about three meetings of council for the Township of Carling, held on July 27, October 10, and November 13, 2018.

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October 3, 2019

3 October 2019

Municipality of St.-Charles

The Ombudsman received a complaint that the Committee of the Whole for the Municipality of St.-Charles inappropriately met in closed session on April 3, 2019, to discuss documents and recommendations about the municipality’s finances. The Ombudsman determined that the committee contravened the Municipal Act, 2001, when it went in camera to discuss the steps necessary to rectify errors and discrepancies in its accounting software. This discussion did not fit within the exception for personal matters, or any exception, to the open meeting requirements.

Topics include:Les sujets incluent:

October 3, 2019

3 October 2019

Municipality of West Nipissing

The Ombudsman determined that the council for the Municipality of West Nipissing inappropriately met in closed session on March 19, 2019, under the exception for personal matters in the Municipal Act, 2001 to discuss “Municipal Act/Roles & Responsibilities”. The Ombudsman’s investigation found that council’s in camera discussion was unrestricted and covered a wide range of topics, but did not involve any personal information that would have brought the discussion within the personal matters exception. The Ombudsman also found that the tone of the discussion – which was described as toxic, chaotic and disrespectful – was not a basis for closing the discussion under the personal matters exception. In addition, the Ombudsman determined the discussion, although intended to educate and train council members on their roles, did not actually involve any education or training. The discussion therefore did not fit within the narrowly construed exception for education and training.

Topics include:Les sujets incluent:

August 15, 2019

15 August 2019

Municipality of The Nation

The Ombudsman received a complaint alleging that resolutions to proceed in camera passed by council for the Municipality of The Nation at three separate meetings were not sufficiently detailed.

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August 2, 2019

2 August 2019

Municipality of Lambton Shores

The Ombudsman received a complaint about a gathering that two council members attended on April 14, 2019, and a special meeting of council held on April 15, 2019, without prior public notice.

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July 12, 2019

12 July 2019

Township of Springwater

The Ombudsman received a complaint regarding a closed special meeting held on April 29, 2019. Council closed the meeting to the public to discuss a legal letter.

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July 4, 2019

4 July 2019

City of Hamilton

The Ombudsman received a complaint that the doors to Hamilton city hall were locked during part of a meeting of council on February 14, 2019, and that the doors to city hall were barricaded during part of a meeting of the city’s Audit, Finance and Administration Committee on April 18, 2019.

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July 4, 2019

4 July 2019

City of Hamilton

The Ombudsman received a complaint that a vote by the City of Hamilton’s Selection Committee during a March 1, 2019 closed meeting was not permitted by the open meeting rules.

Topics include:Les sujets incluent:

June 28, 2019

28 June 2019

Township of Wollaston

The Ombudsman received a complaint regarding the attendance of three councillors at an April 30, 2019 public proceeding of the Local Planning Appeal Tribunal.

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June 25, 2019

25 June 2019

Fine treatment

A man who wanted to dispute a $40 parking ticket told municipal staff he would call back to schedule a hearing, but when he did so, he was told it had already taken place.

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June 25, 2019

25 June 2019

Pothole role

When a snowplow hit a pothole, digging up asphalt and other debris, it dumped the pile in a woman’s front yard and left a larger hole in the road. She complained to us after the municipal crew she called only filled the potholes, leaving the debris in her yard.

Topics include:Les sujets incluent:

June 25, 2019

25 June 2019

Water pressure

A man who received a water bill for more than $700 – around seven times more than his usual charge – called us in frustration when the local water company told him his previous bills were only estimates, but this one was based on actual use, and they could not alter his bill.

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June 25, 2019

25 June 2019

Photo proof

After we made inquiries about a man’s complaint that the required notice of a proposed zoning by-law amendment was not posted on the relevant property, the municipality changed its practices.

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June 21, 2019

21 June 2019

City of Hamilton

We received a complaint about a meeting held by the General Issues Committee for the City of Hamilton. The complainant alleged that committee’s two in camera discussions about the city’s contribution to the Hamilton Tiger-Cats’ bid for the 2020 or 2021 Canadian Football League Grey Cup Championship game did not fit within the open meeting exceptions for “advice subject to solicitor-client privilege”, “information belonging to the municipality”, or “negotiations”. The Ombudsman found that the first in camera discussion fit within the “advice subject to solicitor-client privilege” exception and the second in camera discussion fit wtihin the “negotiations” exception.

Topics include:Les sujets incluent:

May 24, 2019

24 May 2019

Township of Wollaston

We received a complaint that council for Wollaston Township did not provide enough information to the public before closing meetings on December 3, 2018 and January 7, 2019, and that council should have used the exception for labour relations instead of the exception for personal matters.

Topics include:Les sujets incluent:

May 16, 2019

16 May 2019

Municipality of Temagami

The Ombudsman received a complaint regarding the January 10 and March 28, 2019 closed meetings of council for the Municipality of Temagami.

Topics include:Les sujets incluent:

February 22, 2019

22 February 2019

City of Hamilton

We received a complaint that members of council for the City of Hamilton contravened the open meeting provisions by exchanging emails relating to a vacant council seat in June 2018. The complaint also alleged that the city’s General Issues Committee contravened the rules by discussing and voting on matters related to the vacant seat in camera on July 9, 2018. The Ombudsman found that the city did not contravene the open meeting rules in the Municipal Act, 2001 when they exchanged emails regarding a vacant council seat in June 2018. The new definition of “meeting” in the Act requires that a quorum be present, such that an exchange of emails cannot be considered a meeting subject to the open meeting rules. In the interest of openness and transparency, municipal councils should continue to avoid conducting business outside of a formal meeting. The city’s General Issues Committee also did not contravene the open meeting rules when it discussed advice subject to solicitor-client privilege in camera on July 9, 2018. The committee did not vote regarding the vacant seat in camera on July 9; it did not contravene the voting provisions in the Act.

Topics include:Les sujets incluent:

February 14, 2019

14 February 2019

City of St. Catharines

The Ombudsman received a complaint about a meeting held by council for the City of St. Catharines in June 2018.

Topics include:Les sujets incluent:

December 6, 2018

6 December 2018

Township of Tehkummah

The Ombudsman received a complaint regarding four meetings held by council for the Township of Tehkummah in June 2018.

Topics include:Les sujets incluent:

November 22, 2018

22 November 2018

Town of Carleton Place

The Ombudsman received a complaint about the June 12, 2018 closed meeting of the Policy Review Committee for the Town of Carleton Place. The complaint alleged that the committee’s discussion about the sale of two municipally-owned properties and a related discussion regarding water and sewer services did not fit within the “acquisition or disposition of land” exception in the Municipal Act, 2001. The Ombudsman found that the closed session fit within the exception.

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October 31, 2018

31 October 2018

Municipality of Callander

The Ombudsman received a complaint that one regular meeting of council, four special meetings of council and two committee of the whole meetings were held without posting notice online, as required by the procedure bylaw.

Topics include:Les sujets incluent:

October 2, 2018

2 October 2018

City of Owen Sound Downtown Improvement Area

The Ombudsman received a complaint about the August 8, 2018 closed meeting of the board of directors for the Owen Sound Downtown Improvement Area.

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August 21, 2018

21 August 2018

Village of Casselman

The Ombudsman investigated a complaint about two information sessions on March 7, 2018 attended by a quorum of council for the Village of Casselman. During these sessions, the council members in attendance received information and updates with respect to the business of the municipality. However, his investigation did not uncover evidence that the council members in attendance at the sessions “materially advanced” the business or decision-making of council. These sessions were therefore not “meetings” under the definition in the Municipal Act, 2001 that came into force on January 1, 2018. In the interests of openness and transparency, the Ombudsman suggested that council members receive information and updates about the business of the municipality during public meetings of council.

Topics include:Les sujets incluent:

August 15, 2018

15 August 2018

Town of Deep River

The Ombudsman received a complaint that council for the Town of Deep River held a vote in closed session on May 16, 2018 that did not comply with the open meeting rules.

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July 18, 2018

18 July 2018

Regional Municipality of Niagara

The Ombudsman received complaints about the December 7, 2017 meeting of council for the Regional Municipality of Niagara, including a complaint that the meeting failed to comply with the open meeting rules.

Topics include:Les sujets incluent:

July 18, 2018

18 July 2018

Press Pause

Investigation into a meeting of council for the Regional Municipality of Niagara on December 7, 2017. 

Topics include:Les sujets incluent:

July 3, 2018

3 July 2018

Village of Casselman

The Ombudsman received a complaint about a closed meeting of council for the Village of Casselman on January 9, 2018 and about discussions that took place among council members at town hall on January 11, 2018. The Ombudsman found that council for the Village did not violate the open meeting rules when it went into closed session to discuss human resources matters on January 9, 2018 and when a quorum of councillors had informal discussions at town hall on January 11, 2018. However, the Ombudsman made best practice suggestions relating to the Town’s closed meeting procedures.

Topics include:Les sujets incluent:

June 29, 2018

29 June 2018

Township of The North Shore

The Ombudsman received complaints about three meetings of council for The North Shore, alleging that subjects discussed in the December 13, 2017 and February 7, 2018 closed sessions did not fit within the “personal matters” exception, and that the resolution on December 13, 2017, to proceed into closed session did not include all matters discussed. The complaint also alleged the township did not give notice of a special meeting held on February 14, 2018. The Ombudsman found that the subject matters discussed by council on December 13, 2017, fit within the exceptions in the Municipal Act, but that the township  failed to include all subject matters discussed during the closed session in the resolution to proceed into closed session. He also found that council violated the Municipal Act during the closed session on February 7, 2018, when it discussed how to fill a council vacancy. The Ombudsman found that the township did provide public notice of its February 14, 2018 meeting, but recommended that the township amend its procedure bylaw to formalize its general practices for giving notice.

Topics include:Les sujets incluent:

June 29, 2018

29 June 2018

Town of Amherstburg

The Ombudsman received three complaints that several closed meetings held by council for the Town of Amherstburg and the Joint Police Advisory Committee did not comply with the open meeting rules in the Municipal Act. The Joint Police Advisory Committee does not fall under the definition of “committee” under the Municipal Act, so the Ombudsman used his general jurisdiction over municipalities to consider whether the committee violated its terms of reference. The Ombudsman found the committee failed to comply with its terms of reference in closing several meetings using the security of the property exception. The Ombudsman found council violated the Municipal Act in closing a meeting under the security of the property exception but did not violate the Act by closing another meeting under the personal matters exception. 

Topics include:Les sujets incluent:

June 29, 2018

29 June 2018

Township of Front of Yonge

The Ombudsman received a complaint that an informal meeting of council occurred after the April 16, 2018 meeting of council.

Topics include:Les sujets incluent:

June 26, 2018

26 June 2018

Hits the spot

When a woman hit a pothole on a county road that damaged her vehicle, she tried to seek reimbursement.

Topics include:Les sujets incluent:

June 26, 2018

26 June 2018

Up to code

A man contacted us after getting no response to a complaint about his local Chief Building Official.

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June 26, 2018

26 June 2018

Making it clear

A woman renting a basement apartment sought our help after a municipal construction crew broke a water pipe near her unit, flooding her apartment and damaging her belongings.

Topics include:Les sujets incluent:

June 26, 2018

26 June 2018

Faster lane

We helped a man who waited more than a year to hear back from his municipality about purchasing a portion of the laneway behind his house.

Topics include:Les sujets incluent:

June 26, 2018

26 June 2018

Code found

A mall developer told us that local councillors were interfering with the development of her project, but she believed the municipality did not have a code of conduct or integrity commissioner.

Topics include:Les sujets incluent:

June 7, 2018

7 June 2018

Township of Russell

The Ombudsman received a complaint about a meeting of council held on May 22, 2018.

Topics include:Les sujets incluent:

May 31, 2018

31 May 2018

Township of Tehkummah

My Office received a complaint about a special meeting of council for the Township of Tehkummah held on May 15, 2018.

Topics include:Les sujets incluent:

May 28, 2018

28 May 2018

Municipality of Northern Bruce Peninsula

The Ombudsman received a complaint that council for the Municipality of Northern Bruce Peninsula inappropriately met in closed session on January 22, 2018 to discuss notice of an application for absolute title under the Land Titles Act for a property located within the municipality. The meeting was closed under the personal matters exception. The Ombudsman found that matters discussed during the closed meeting did not fit within the exceptions to the open meeting rules. 

Topics include:Les sujets incluent:

May 25, 2018

25 May 2018

Township of Russell

The Ombudsman received a complaint that a non-council member motioned to move into closed session during the Township of Russell’s special meeting on April 19, 2018.

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May 22, 2018

22 May 2018

Town of Petrolia

We received complaints that the Town of Petrolia held meetings that did not comply with the open meeting rules when it discussed a proposal by the YMCA in camera on September 11 and October 25, 2017, and when it discussed an individual in closed session on November 14, 2017. The Ombudsman found that a presentation given by the YMCA to council on September 11, 2017 did not fit in any of the exceptions to the Act. He found that a discussion that followed the presentation fit in the exception for labour relations or employee negotiations. The Ombudsman found that the discussion on October 25, 2017 also fit within the exception for labour relations, and that the discussion on November 14, 2017 fit within the exception for personal matters about an identifiable individual.

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May 17, 2018

17 May 2018

City of Hamilton

The City of Hamilton’s Waste Management Advisory Committee is a committee of council subject to the Municipal Act’s open meeting requirements. The Ombudsman found that the committee contravened the Municipal Act on September 27, 2017 and January 31, 2018, when it held meetings without providing notice to the public.

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May 9, 2018

9 May 2018

Town of Deep River

The Ombudsman received a complaint that council for the Town of Deep River inappropriately met in closed session on March 21, 2018, to discuss a development proposal and various fire service issues.

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April 19, 2018

19 April 2018

Town of Pelham

We received complaints that a closed meeting held by council for the Town of Pelham on September 5, 2017 about town finances did not comply with the open meeting rules in the Municipal Act, 2001. We also received a complaint alleging that following the September 5, 2017 council meeting, members of council held a gathering at a local establishment that constituted an illegal meeting. The Ombudsman found that the matters discussed in camera on September 5 fit within the exceptions for labour relations and solicitor-client privilege. He also found that the informal gathering was not a meeting subject to the open meeting rules, as council members did not discuss council business.

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April 18, 2018

18 April 2018

Township of Tehkummah

The Ombudsman received a complaint that council for the Township of Tehkummah did not provide proper notice to the public for a special closed council meeting held on December 22, 2017. The Ombudsman found that the township’s discussion fit within the cited “personal matters” exception, as well as the “labor relations” exception.  However, the Ombudsman found that the township contravened the Act and the township’s procedure by-law by failing to provide proper public notice. The Ombudsman also found a number of issues with council’s procedures, and identified best practices and procedural steps to improve the township's meeting practices. 

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April 18, 2018

18 April 2018

Town of Fort Erie

The Ombudsman received a complaint that council for the Town of Fort Erie inappropriately met in camera on December 4, and December 6, 2017 under the “acquisition or disposition of land” exception to the Municipal Act’s open meeting rules. The December 4 and December 6 special closed meetings were to discuss a potential partnership with a post-secondary institution. The Ombudsman found that council’s discussions did not fit within the Act’s “acquisition or disposition of land” exception because council was in the early stages of deciding whether to proceed with the partnership, had not turned its mind to a specific property to purchase or lease, and was not acting with a view to protecting its bargaining position in property negotiations.

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April 11, 2018

11 April 2018

By-law Surprise

Investigation into the reasonableness and transparency of by-law enforcement and billing practices in the Township of St. Clair and the County of Lambton.
 

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January 9, 2018

9 January 2018

Township of North Huron

The Ombudsman received a complaint that council for the Township of North Huron inappropriately met in closed session on December 11, 2017, to discuss fire personnel issues.
 

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January 4, 2018

4 January 2018

Township of Lanark Highlands

We received a complaint that council for the Township of Lanark Highlands inappropriately met in camera on July 17, 2017 under the “advice subject to solicitor client privilege” and “personal matters” exceptions to the open meeting rules. The Ombudsman found that council discussed a number of items while in camera that were not included in the closed meeting agenda. Two of the topics of discussion, financial software and council’s interaction and communication structure with staff, did not fit within the closed meeting exceptions.

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December 5, 2017

5 December 2017

City of Cornwall

The Ombudsman received a complaint that the City of Cornwall inappropriately met with council for the Township of South Glengarry in closed session on September 19, 2017, to discuss the Cornwall Regional Airport. The complainant alleged that council for the City of Cornwall discussed matters and provided directions to staff that did not fit within the cited “personal matters” closed meeting exception in the Municipal Act, 2001. The Ombudsman found that council’s discussion fit within the cited exception to the Municipal Act’s open meeting requirements, although the resolution to proceed in camera did not state the general nature of the matter to be considered.

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November 30, 2017

30 November 2017

Township of Russell

We received a complaint that council for the Township of Russell held a meeting that did not comply with the open meeting rules when the public entrance to Town Hall was locked during a portion of a council meeting on July 31, 2017. Although the meeting was intended to be open to the public, a locked exterior public door prevented members of the public from accessing council chambers for the first half of the meeting. As a result, the meeting was closed to the public and the public’s right to observe municipal government in process was frustrated, contrary to the open meeting rules.

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November 24, 2017

24 November 2017

City of Welland

We received a complaint that the City of Welland held an improper vote during a closed session on September 19, 2017, to appoint a new member of council. The Ombudsman found that council for the City of Welland had contravened the Municipal Act, 2001, and the city’s procedure by-law when it discussed voting procedure in closed session under the “personal matters exception”. In addition, the Ombudsman found that council for the City of Welland contravened the Municipal Act and the City’s procedure by-law when it voted in closed session by secret ballot to select a candidate to appoint to the vacant council seat.

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November 23, 2017

23 November 2017

Town of Georgina

The Ombudsman received a complaint that council for the Town of Georgina inappropriately met in camera to discuss an organizational review of certain departments within the town administration as part of a larger service delivery review.

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November 21, 2017

21 November 2017

Town of Kirkland Lake

The Ombudsman received a complaint regarding the general meeting practices of the Town of Kirkland Lake’s Recreation Committee. The complaint alleged that the Recreation Committee held closed meetings by not providing proper notice to the public in contravention of the Municipal Act. The Ombudsman determined that the Recreation Committee was a committee of council, and therefore subject to the Act’s open meeting requirements.  The Ombudsman found that the Recreation Committee’s meeting practices contravened these requirements.

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October 23, 2017

23 October 2017

Town of Carleton Place

On March 14, 2017 the Policy Review Committee for the Town of Carleton place met in closed session to discuss a public statement made by the Mayor, citing the “litigation or potential litigation” exception. The Ombudsman received a complaint that this discussion did not fit within the cited exception. The Ombudsman found that there was not a reasonable prospect of litigation at the time of the closed meeting and the discussion did not fit within the “litigation or potential litigation” exception.

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October 3, 2017

3 October 2017

Town of Deep River

The Ombudsman received a complaint alleging that council for the Town of Deep River inappropriately met in camera on May 17 and 18, 2017 to discuss a police service consultation plan. The complainant also alleged that a police service consultation “working group” formed during the May 18 closed meeting should have been classified as a committee of council subject to the Municipal Act’s open meeting requirements. The Ombudsman found that council for the Town of Deep River contravened the Municipal Act when it went in camera to discuss and vote on matters related to the police service consultation plan. The Ombudsman also found that the police service consultation “working group” was not a committee of council and therefore not subject to the open meeting requirements of the Municipal Act.

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September 22, 2017

22 September 2017

City of Hamilton

We received a complaint that the City of Hamilton’s General Issues Committee discussed funding for certain transit routes known as “school bus extras” during a closed session on either March 23 or 24, 2017, contrary to the open meeting rules. The Ombudsman found that the committee technically contravened the open meeting rules when the bus routes issue was raised briefly during a closed meeting on March 24, 2017. Once the committee determined that the issue did not fit within any of the exceptions to the open meeting rules, it ended the discussion. The Ombudsman commended city staff and council members for being mindful of the open meeting rules during the meeting, but recommend the city exercise greater caution when adding items to a closed session agenda in the future, and that the city begin audio or video recording all closed meetings.

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August 21, 2017

21 August 2017

Public Notice

Investigation into a complaint about the Elliot Lake Residential Development Commission.

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August 14, 2017

14 August 2017

Municipality of Brighton

The Ombudsman received a complaint that members of council for the Municipality of Brighton discussed council business by phone in advance of a special meeting of council on March 15, 2017. The Ombudsman determined that the Mayor called four councillors in a series of phone calls to discuss an opportunity to sell land in the municipality’s industrial park. During the phone calls, members of council discussed specific terms of a proposal that was ultimately sent to a party interested in purchasing the property. The Ombudsman found that the phone calls contravened the Municipal Act.

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August 9, 2017

9 August 2017

City of Elliot Lake

The Ombudsman received two complaints that council for the City of Elliot Lake inappropriately met in camera to discuss a motion to rescind a previous resolution regarding the recruitment of a CAO.

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July 5, 2017

5 July 2017

Norfolk County

On March 14, 2017 council for the County of Norfolk went in closed session to receive a deputation from representatives of the Port Dover Community Health Centre Board and to receive legal advice pertaining to the deputation, citing the “personal matters” and “advice subject to solicitor-client privilege” exceptions. The Ombudsman received a complaint that this discussion did not fit within the cited exceptions. The Ombudsman found that the Board’s deputation did not qualify as personal information and that portion of the closed session meeting did not fit within the “personal matters” exception. The portions of the closed session discussion before and after the deputation fit within the “advice subject to solicitor-client privilege” exception.

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June 30, 2017

30 June 2017

Municipality of St.-Charles

The Ombudsman received a complaint that the General Government Committee for the Municipality of St.-Charles inappropriately met in camera on March 6, 2017, to discuss allegations regarding employee municipal credit card abuse. The Ombudsman determined that the committee’s discuss fit within the “litigation or potential litigation” and the “personal matters about an identifiable individual” closed meeting exceptions. The Ombudsman also recommended that the municipality update its procedure by-law to reflect the closed meeting provisions in the Municipal Act, 2001.

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June 27, 2017

27 June 2017

All wet

After a man complained to us that his municipality had not responded to his letter about flood damage to his basement, municipal staff initially told us they didn’t answer because they deemed the complaint to be without merit.

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June 27, 2017

27 June 2017

Building good policies

A man who had a complaint about his municipality’s chief building official contacted our Office because his municipality did not have a code of conduct in place, even though this is required by the Building Code Act.

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June 27, 2017

27 June 2017

Rude awakening

A man complained to his municipality after a member of council called him names in an email. He was not satisfied when the mayor offered to bring him and the councillor together for a private meeting.

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June 27, 2017

27 June 2017

Sold out

A man contacted our Office after his municipality closed and sold a road allowance adjacent to his property. His family had used the land to access the river, but they were not notified by the municipality or given the chance to purchase a portion of the land, contrary to municipal policy.

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June 16, 2017

16 June 2017

Township of Tehkummah

The Ombudsman received a complaint regarding five closed meetings held by council for the Township of Tehkummah.

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May 31, 2017

31 May 2017

Counter Encounter

Investigation into a complaint about the Township of Red Rock.

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May 17, 2017

17 May 2017

Town of Grimsby

We received two complaints that council for the Town of Grimsby held meetings in its capacity as a shareholder of Niagara Power Inc. without providing notice to the public, contrary to the open meeting rules. The complaints alleged that, on November 11 and December 5, 2016, council failed to provide public notice of meetings and did not make meeting minutes available to the public. The Ombudsman found that Council for the Town of Grimsby contravened the Municipal Act and the municipality’s procedure by-law when it discussed council business in camera on November 11, 2016 without providing notice to the public. The town also violated the Act by failing to pass a resolution to close the meeting. Council for the Town of Grimsby did not contravene the Act when it met informally on December 5, 2016, as this was not a “meeting” for the purposes of the Act.

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May 12, 2017

12 May 2017

City of Niagara Falls

The Ombudsman received a complaint that council for the City of Niagara Falls discussed and voted on the sale of property in camera.

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May 10, 2017

10 May 2017

Township of Alfred and Plantagenet

The Ombudsman received a complaint that council for the Township of Alfred and Plantagenet had held illegal closed meetings in 2016 to discuss an organizational study of the municipality. The complaint also alleged that council improperly voted by email to approve funding related to a grant application. The Ombudsman found that the Township contravened the Municipal Act, 2001 and it procedure by-law when it voted during a closed session on April 4, 2016 and when it held three meetings without following any of the procedural requirements for meetings of council. The Ombudsman also found that the Township contravened the Municipal Act, 2001 when it approved funding related to a grant application by email and by telephone.

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May 9, 2017

9 May 2017

City of Timmins

The Ombudsman received a complaint that council for the City of Timmins held an illegal meeting on March 30, 2015 when it met in closed session to discuss an open procurement project.

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May 3, 2017

3 May 2017

Township of Russell

On December 12, 2016 council for the Township of Russell went in closed session to discuss naming rights for a new sports facility, citing the “personal matters” and “litigation or potential litigation” exceptions.  The Ombudsman received a complaint that this discussion did not fit within any of the exceptions to the open meeting requirements under the Municipal Act. The Ombudsman found that the general discussion pertained to fundraising, naming rights and advertising for the sports facility, not to personal matters. There also was no discussion of potential litigation. Accordingly, the meeting was not permitted to be closed to the public.

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April 21, 2017

21 April 2017

City of Timmins

Council for the City of Timmins contravened the Municipal Act on December 19, 2016 when it met in camera with a representative of Northern College to discuss a proposed development agreement with the college. The discussion between council and college’s representative did not fall within the acquisition or disposition of land exception to the Act’s open meeting requirement.

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April 11, 2017

11 April 2017

Submission on Bill 68, Modernizing Ontario’s Municipal Legislation Act, 2017

On April 11, 2017, Ombudsman Paul Dubé made a presentation to the Standing Committee on Social Policy regarding Bill 68, Modernizing Ontario's Municipal Legislation Act, 2017.

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April 3, 2017

3 April 2017

Town of Fort Erie - Board of Management for the Ridgeway Business Improvement Area

We received a complaint that the Board of Management for the Ridgeway Business Improvement Area (BIA) in the Town of Fort Erie discussed a matter in camera on November 2, 2016 contrary to the open meeting rules. BIA boards are local boards subject to the open meeting rules. The Ombudsman found that the matter discussed by the board in camera fit within the exceptions for personal matters about an identifiable individual, and labour relations or employee negotiations. However, the board committed procedural violations by failing to pass a resolution before going in camera, failing to record meeting minutes, and voting in a closed meeting. The Ombudsman recognized that most of the board members were volunteers who had not received training on the open meeting rules, and recommended that the Town of Fort Erie ensure all members of its local boards receive such training.

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March 6, 2017

6 March 2017

Procuring Progress

Investigation into the City of Brampton’s procurement practices, focusing on the administration of its purchasing by-laws, policies and procedures regarding non-competitive procurements.

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March 1, 2017

1 March 2017

City of London

The Ombudsman received a complaint that the November 1, 2016 meeting of London’s Corporate Services Committee was illegally closed to the public to discuss a general policy matter. The Ombudsman found that, while there is no exception to the open meeting requirements that authorizes general policy discussions to take place behind closed doors, the in camera discussion at this meeting was permitted under the solicitor-client privilege exception.

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February 17, 2017

17 February 2017

City of London

The Ombudsman received complaints that the City of London held illegal closed meetings on May 17 and June 23, 2016, to discuss the appointment of an integrity commissioner, and a recent report of the integrity commissioner. The Ombudsman found that the May 17 Committee of the Whole meeting was permitted to be closed to the public under the solicitor-client privilege and personal matters exceptions, and the June 23 council meeting was permitted to be closed to the public under the solicitor-client privilege exception.

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February 13, 2017

13 February 2017

Municipality of Brockton

We received complaints alleging that the Walkerton Business Improvement Area and the Municipality of Brockton held three improperly closed meetings on June 13, June 20, and September 27, 2016. The Ombudsman determined that the Walkerton Business Improvement Area did not contravene the Municipal Act, 2001 on June 13 because the discussion between three board members was not a “meeting” under the Act and was not subject to the Act’s open meeting requirements. The Ombudsman also determined that council for the Municipality of Brockton did not contravene the Act on June 20, 2016, when it met in camera to discuss matters that were subject to “litigation or potential litigation”. However, on September 27, 2016, the municipality contravened the Act when a quorum of councillors attended an information session related to a Drainage Act petition.

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February 9, 2017

9 February 2017

Municipality of Temagami

The Ombudsman received a complaint that council for the municipality of Temagami held illegal closed sessions on April 28 and August 11, 2016.

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January 24, 2017

24 January 2017

Township of Laird

We received a complaint that the Laird Fairgrounds Management Board held a meeting that did not comply with the open meeting rules on August 10, 2016.  The board is a committee of the Township of Laird. The committee did not contravene the Municipal Act, 2001 or the Township of Laird’s procedure by-law when it discussed a matter in camera on August 10, 2016. The discussion fit within the exception for personal matters about an identifiable individual.

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January 23, 2017

23 January 2017

City of Timmins

The Ombudsman received a complaint that council for the City of Timmins held two illegal closed session discussions on August 8, 2016 and August 29, 2016, about the City’s Canada Day 150 Celebrations. The Ombudsman determined that council contravened the Municipal Act when it went in camera on August 8, 2016 under the solicitor-client advice exception and that council should not have voted during that closed session. The Ombudsman found that council did not contravene the  Municipal Act when it went in camera on August 29, 2016 under the solicitor-client advice exception.

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January 23, 2017

23 January 2017

City of Timmins

Council for the City of Timmins contravened the Municipal Act on June 27, 2016 when it went in camera to discuss the recruitment process to replace the retiring CAO. The discussion did not fall within the personal matters exception to the Municipal Act’s open meeting requirements. The Ombudsman also found that council should not have voted in closed session to form a hiring committee and voted by way of secret ballot on the membership of council members to that committee. 

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January 20, 2017

20 January 2017

City of Greater Sudbury

The Ombudsman received a complaint that council went in camera to discuss a report regarding contracts between the city and a transit ticket kiosk. The complaint also alleged that council voted while in camera to write off an uncollectible account, prior to voting on the matter in open session on May 31, 2016.

The Ombudsman determined that council did not contravene the Municipal Act when it went in camera to discuss the report on March 2 and March 23, 2016 under the personal matters and solicitor-client privilege exceptions, or on April 26, 2016 under the personal matters exception. The Ombudsman also found that council did not improperly vote on the uncollectible account during a closed meeting.

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January 19, 2017

19 January 2017

Township of Georgian Bay

The Ombudsman received a complaint that council for the Township of Georgian Bay held illegal closed session discussions on October 13, 2015 and January 11, 2016, about a shoreline structure that did not meet the requirements of the zoning by-law. The Ombudsman determined that council did not contravene the Municipal Act when it went in camera at these meetings under the litigation or potential litigation exception. However, council contravened the Act when it voted during its in camera meeting on October 13, 2015.

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December 29, 2016

29 December 2016

Niagara District Airport Commission

The Niagara District Airport Commission contravened the Municipal Act on July 14, 2016, when it went in camera to discuss ongoing airport fee negotiations and related airport upgrades. This meeting did not fall within the “advice subject to solicitor-client privilege” exception, or any exception, to the Municipal Act’s open meeting requirements. The Ombudsman also made recommendations to improve the commission’s procedure by-law and its process for providing information to the public about closed session discussions.

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December 22, 2016

22 December 2016

City of Elliot Lake

The City of Elliot Lake's Ad Hoc Multi-Use Committee is a committee of council subject to the Municipal Act's open meeting requirements. The committee violated the open meeting requirements and the city's procedural by-law on March 22, 2016 and May 5, 2016 when it held meetings without providing notice to the public. 

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December 13, 2016

13 December 2016

Township of Hornepayne

The Township of Hornepayne’s Nuclear Waste Community Liaison Committee is a committee of council subject to the Municipal Act’s open meeting requirements. The committee contravened the Act and the township’s procedure by-law on January 12, 2016, when it held a meeting without providing any notice to the public.

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November 14, 2016

14 November 2016

Town of Grimsby

Council for the Town of Grimsby contravened the Municipal Act and the municipality’s procedure by-law when it discussed a municipally-controlled corporation, Niagara Power Inc., in camera on May 2, 2016. The discussion did not fit within any of the exceptions to the open meeting rules. There is no exception in the Act for discussions about sensitive business information.

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November 8, 2016

8 November 2016

Billing bungle

A man complained after he received a municipal hydro bill of $1,300, when his normal monthly bill was around $29.

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November 8, 2016

8 November 2016

Fee factor

A homeowner complained that a $1,950 fee he paid to make a severance application was not refunded when his application was denied.

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November 8, 2016

8 November 2016

Snow problem

A man told our Office he had tried for 10 years to find out why the municipality removed the snow from the sidewalk in front of his neighbours’ homes, but not his.

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November 7, 2016

7 November 2016

Norfolk County

The Ombudsman received complaints that council for the County of Norfolk met illegally in a closed meeting on May 24, 2016 to discuss the development of a site-specific zoning by-law for an area in the county known as Hastings Drive. The complaints also alleged that council improperly voted during the closed meeting to remove an option for the zoning by-law from consideration. The Ombudsman determined that council did not contravene the Municipal Act when it went in camera on May 24, 2016 under the litigation or potential litigation exception and the solicitor-client privilege exception. The Ombudsman also found that council did not improperly vote during the closed meeting. One of the complaints alleged that the resolution to proceed in camera was vague. Given the nature of the discussions (solicitor-client privileged advice), the Ombudsman found that the resolution to proceed in camera was sufficient.

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November 3, 2016

3 November 2016

City of Niagara Falls

The Ombudsman received a complaint that council for the City of Niagara Falls violated the Municipal Act when it voted in closed session to commit $10 million towards a proposed partnership with a post-secondary institution. The Ombudsman found that the discussion did not fit within any of the closed meeting exceptions and that as a result, council was not entitled to vote in closed session on a resolution directing staff to proceed with the partnership.

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September 30, 2016

30 September 2016

Uncredited

A man complained to us that he received a water bill and a late payment penalty even though he had a $600 credit with the utility. Our staff contacted the municipality and discovered that the man’s original account had been closed and a new account had been set up without the credit being transferred over.

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September 27, 2016

27 September 2016

Municipality of West Nipissing

We received a complaint that the Municipality of West Nipissing failed to provide sufficient notice to the public in advance of a July 21, 2016 special council meeting.

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September 14, 2016

14 September 2016

Town of Goderich

The Ombudsman received a complaint that the Recreation Board of Management and Board’s Ad Hoc Committee in the Town of Goderich held meetings in 2015 and 2016 that did not comply with the open meeting requirements of the Municipal Act. The Ombudsman found that the Recreation Board of Management falls within the Municipal Act’s definition of a “local board” and is subject to the Act’s open meeting requirements. The Ombudsman cautioned the Board to be vigilant in adhering to the requirements of the Municipal Act in the future when it forms committees. The Ombudsman noted that, the Board and the Ad Hoc Committee include volunteer members who acted in good faith for the benefit of the community. A number of recommendations were made to assist the Board in improving its open meeting practices.

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September 8, 2016

8 September 2016

Township of Leeds and the Thousand Islands

The Ombudsman received a complaint that council for the Township of Leeds and the Thousand Islands had discussed a zoning by-law application over email. The Ombudsman determined that council violated the open meeting requirements of the Municipal Act by discussing council business over email and recommended that council cease its practice of discussing council business using quorum emails or any other electronic format.

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September 8, 2016

8 September 2016

Township of Leeds and the Thousand Islands

The Ombudsman received a complaint that council for the Township of Leeds and the Thousand Islands discussed reassignment of the Chief Administrative Officer’s duties during a closed meeting held on April 18, 2016.

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August 31, 2016

31 August 2016

Rental funding issues

A woman applied for Ontario Works benefits and was told she qualified for $1,850 to cover the first and last month's rent payments for an apartment she was moving into in August.

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August 11, 2016

11 August 2016

Township of Woolwich

The Ombudsman received a complaint that committee of the whole for the Township of Woolwich held an improper closed meeting between the closed and open sessions on March 22, 2016 at which they made a decision on an upcoming delegation. The Ombudsman found no evidence that a quorum of the committee discussed the delegation as a group behind closed doors, or laid the groundwork for a decision on the delegation.

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August 5, 2016

5 August 2016

Municipality of Brockton (Walkerton BIA)

The Ombudsman received a complaint that on June 8, 2016, the board of directors for the Walkerton Business Improvement Area discussed matters that did not fall within the exceptions in the Municipal Act, 2001.

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August 2, 2016

2 August 2016

City of Sault Ste. Marie

The Ombudsman received a complaint that council for the City of Sault Ste. Marie discussed matters that did not fall within the exceptions in the Municipal Act, 2001 during a closed meeting on October 13, 2015. During the meeting, council received a presentation by the City’s Fire Chief. The Ombudsman determined that the meeting fit within the exception for labour relations or employee negotiations.

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July 29, 2016

29 July 2016

No parking

A ​woman who was working temporarily in Ontario and renting a house with no private parking complained to us when the municipality denied her a street parking permit because her vehicle had out-of-province plates.

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July 19, 2016

19 July 2016

City of Brockville

Our Office received two complaints about the March 7, 2016 meeting held by the OPP Contact Adhoc Committee for the City of Brockville. Both complaints alleged that the committee’s meeting with representatives of the Ontario Provincial Police did not come within the Municipal Act's closed meeting exception for “education and training” sessions. The Ombudsman determined that the committee did not contravene the Act when it went in camera to acquire education and training about the OPP costing process. However, in addition to receiving this general information from the OPP, the committee decided to advance the costing process by voting to direct staff to approach an audit firm to assess the OPP costing proposal once the city receives it. This discussion and direction to staff advanced the committee’s business and decision-making and did not fall within the “education and training” exception, or any exception, to the Municipal Act’s open meeting requirements. The Ombudsman also identified various procedural issues with the committee's practices.

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July 19, 2016

19 July 2016

City of Hamilton

The Ombudsman received a complaint that the Election Compliance Audit Committee for the City of Hamilton held a “deliberation” on July 15, 2015 that was illegally closed to the public. The Ombudsman determined that the city's Election Compliance Audit Committee falls within the Municipal Act’s definition of a “local board” and is subject to the Act’s open meeting requirements. The committee contravened the Act on July 15, 2015, when it met in private to deliberate on various applications that were before the committee. Notice of the meeting was not provided, no procedure was followed to close the meeting to the public, and even if this procedure had been followed, the committee’s discussion did not fall within any of the Act’s closed meeting exceptions.

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July 19, 2016

19 July 2016

City of Oshawa

The Ombudsman received four complaints about a meeting held by council for the City of Oshawa on December 17, 2015. Each complaint alleged that council’s meeting with the Oshawa Power and Utilities Corporation on that date did not come within the Municipal Act’s closed meeting exception for “education and training” sessions. The Ombudsman found that council for the City of Oshawa contravened the Municipal Act on December 17, 2015, when it went in camera to obtain information about a proposed merger between OPUC and Veridian. This meeting did not fall within the “education and training” exception, or any exception, to the Municipal Act’s open meeting requirements. A number of recommendations were made to assist the city in improving its open meeting practices.

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July 6, 2016

6 July 2016

Town of Amherstburg

We received a complaint that council for the Town of Amherstburg discussed approval of the town’s accounts payable over email during December 2014 and January 2015. We also received complaints that council discussed items in closed meetings on October 14 and 26, 2015 that did not fit within the exceptions to the open meeting rules.

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June 6, 2016

6 June 2016

Norfolk County

We received complaints that council for Norfolk County discussed matters that did not fall within the exceptions in the Municipal Act, 2001 during closed meetings on January 19 and February 16, 2016.

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June 3, 2016

3 June 2016

Town of Midland

The Ombudsman found that council for the Town of Midland violated the Municipal Act on September 14, 2015 when it discussed in camera matters relating to a housing development that did not fit within any exception to the open meeting rules. References during the discussion to personal matters about an individual were not the focus of the conversation and did not justify holding the discussion in camera. Council also contravened the Act when it voted on the housing matter during an illegal closed meeting.

The Ombudsman found that Midland council did not contravene the open meeting rules on October 13, 2015, as its discussions fit within the exception for personal matters about an identifiable individual.

On both dates, council for Midland violated a procedural requirement in the Act by failing to state by resolution the general nature of the matters to be considered in the closed sessions.

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May 19, 2016

19 May 2016

City of Greater Sudbury

Our Office received a complaint that Greater Sudbury's council held an illegal closed meeting on April 7, 2016 when it attended a roundtable with Prime Minister Justin Trudeau.

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May 10, 2016

10 May 2016

Norfolk County

Our Office received a complaint that Norfolk County's council-in-committee held an illegal closed meeting on December 1, 2015 when it went in camera to discuss whether to approve a legal services contract extension with two law firms. Our investigation determined that the majority of the committee's discussion did not fall within any of the exceptions to the Municipal Act’s open meeting requirements. The Ombudsman made a number of recommendations to improve local practices in the interest of transparency and accountability.

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May 6, 2016

6 May 2016

The Nation Municipality

Our Office received a complaint that council for The Nation Municipality held an illegal closed meeting on August 31, 2015 when it restricted access to a council meeting to those who could fit inside the Town Hall, and prohibited individuals from using a microphone and speakers to broadcast the meeting proceedings outside in the parking lot.

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April 29, 2016

29 April 2016

Clarifying our jurisdiction

A town clerk contacted our office after the local council, which was considering establishing a code of conduct, expressed the view that it did not need to appoint an Integrity Commissioner, because any complaints related to the code of conduct could be forwarded to the Ombudsman for review.

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April 19, 2016

19 April 2016

Township of Russell

We received a complaint that council for the Township of Russell discussed items in closed session on December 7, 2015, that did not fit within the exceptions to the open meeting rules. The Ombudsman found that council contravened the Municipal Act, 2001 when it discussed councillor remuneration in closed session. However, council did not contravene the Act when it went in camera to discuss changes to township employee compensation. Portions of the discussion relating to the salaries of identified municipal employees fell within the closed meeting exception for personal information about an identifiable individual. Other portions of the discussion relating to the township’s compensation strategy and proposed changes to the salary grid fell within the closed meeting exception for labour relations or employee negotiations.

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March 31, 2016

31 March 2016

Denied assistance

A homeless teenager who could not live with either parent was denied assistance through Ontario Works and was not provided with anything in writing about how to appeal the decision.

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February 29, 2016

29 February 2016

Lack of clear mechanism

We received complaints of alleged violations of the councillor code of conduct in a township.

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February 24, 2016

24 February 2016

City of London

We received two complaints that council for the City of London held an illegal closed meeting on June 10, 2015. Shortly after the meeting began, there was a disruption in the public gallery and members of the public were asked to leave the building. Once the security issue was resolved, the doors to City Hall remained locked to the public.

While the Mayor and council believed that the meeting was open to the public, the public was not actually free to enter the building in order to access council chambers to observe the meeting. Those attempting to watch the meeting did not have access to council chambers for a significant period of time while the front doors to city hall remained locked. During this time period, the meeting was not open to the public as it should have been.

The Acting Ombudsman advised the City to ensure that the public has unimpeded access to council chambers in order to observe all open meetings of council and committees, and to ensure that a formal written policy is created and implemented that sets out security protocols during meetings of council or committees.

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February 23, 2016

23 February 2016

Town of Fort Erie

We received a complaint that on December 14, 2015, a locked security door prevented the public from accessing the room where council for the Town of Fort Erie was holding what they thought was an open meeting of council. The Acting Ombudsman found that the locked door effectively prevented the public from accessing the meeting room. As a result, the meeting was improperly closed to the public and the public’s right to observe municipal government in process was frustrated. A number of recommendations were made to assist the town in improving its open meeting practices. ​

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February 4, 2016

4 February 2016

Municipality of St.-Charles

We received a complaint that council for the Municipality of St.-Charles discussed items in closed meetings on May 15, 2012, June 19, 2013, and May 29, 2014 that did not fit within the exceptions to the open meeting rules. The Ombudsman found that council for St.-Charles contravened the Municipal Act when it discussed audit reports, management letters, and other auditor findings and recommendations in closed session during each of the three meetings. Discussions of individual staff performance and conduct, which ensued as a result of the review of the audit report and management letter, fell within the exceptions for personal matters and labour relations.

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January 29, 2016

29 January 2016

Village of Casselman

Our office found that discussions of a consultant's report on July 3 and July 14, 2015 fit within the personal matters exception to the open meeting requirements.

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January 5, 2016

5 January 2016

Township of Russell

We received complaints about two closed meetings held by council for the Township of Russell during the afternoon and evening of August 10, 2015. Our review found that council did not contravene the Municipal Act, 2001​ on the afternoon of August 10 when it went in camera to receive training on strategic planning because the discussion fell within the exception for education or training sessions. We also found that one matter discussed on the evening of August 10 fell within the exception for personal matters about an identifiable individual. However, our review found that three of the closed session matters discussed the evening of August 10 did not fall within any of the Act's exceptions to the open meeting requirements.

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December 2, 2010

2 December 2010

Town of Kearney

The Ombudsman received a complaint alleging that the Town of Kearney improperly held a closed special meeting of council on August 25, 2010 and that prior notice of the meeting had not been given.

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