The province of Ontario, through the Municipal Act, 2001, defines when a council, local board or a committee is permitted to go into a closed meeting. Closed meetings are part of good government when these rules are honoured.
Under Section 239, the following reasons for going into a closed meeting are permitted:
- The security of the property of the municipality or local board;
- Personal matters about an identifiable individual, including municipal or local board employees;
- A proposed or pending acquisition or disposition of land by the municipality or local board;
- Labour relations or employee negotiations;
- Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board;
- Advice that is subject to solicitor-client privilege, including communications necessary for that purpose;
- A matter in respect of which a council, board, committee or other body may hold a closed meeting under another act;
- The meeting is held for the purposed of educating or training the members and at the meeting, no member discusses or otherwise deals with any matter in a way that materially advances the business or decision-making of the council, local board or committee.
- Information explicitly supplied in confidence to the municipality or local board by Canada, a province or territory or a Crown agency of any of them;
- A trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization;
- A trade secret or scientific, technical, commercial or financial information that belongs to the municipality or local board and has monetary value or potential monetary value; and
- A position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board
The purpose of the Closed Meeting Procedures Policy is to ensure compliance with Section 239 (2) and (3) of the Municipal Act as well as to provide guidance to Council and staff as it relates to closed meetings.
Closed Meeting Investigations
The Ontario Ombudsman conducts any investigations arising from a complaint with respect to meetings or parts of meetings that are closed to the public and determine compliance with the Municipal Act.
Complaint Procedure
Please start the process at the Ombudsman website.
Office of the Ombudsman of Ontario
483 Bay Street
10th floor, South Tower
Toronto, ON M5G 2C9
Toll-free (Ontario only): 1-800-263-1830
Outside Ontario: 416-586-3300>
TTY (teletypewriter): 1-866-411-4211
Fax: 416-586-3485>
Toll-free Fax: 416-586-3485
Email:
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