The Ontario Ombudsman has the authority to review and investigate complaints concerning the administrative conduct of school boards, including complaints concerning meetings held by a board of trustees or a committee of a board.
Under the Education Act, all meetings of a board of trustees and a committee of the board must be open to the public, with a few narrow exceptions. Meetings of a committee of a board, including a committee of the whole board, can be closed to the public where the subject matter under consideration involves:
a. the security of the property of the board;
b. the disclosure of intimate, personal or financial information in respect of a member of the board or committee, an employee or prospective employee of the board or a pupil or his or her parent or guardian;
c. the acquisition or disposal of a school site;
d. decisions in respect of negotiations with employees of the board; or
e. litigation affecting the board.
A meeting of a board of trustees or a committee of the board must also be closed when discussing an ongoing investigation respecting the board under the Ombudsman Act.
In addition, This link opens in a new tabOntario Regulation 463/97, Electronic Meetings and Meeting Attendance, under the This link opens in a new tabEducation Act, states that the meeting room of the board or of a committee of the board must be open to permit physical attendance by members of the public at every meeting.
Browse the cases below to review the Ombudsman’s decisions on, and interpretations of, the Education Act’s open meeting rules.
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2023
2022