Other Tribunals - OMBUD

The Ombudsman investigated complaints regarding closed meetings held by the Town of Georgina council on May 29 and September 11, 2024.

The Ombudsman found that the closed session discussions fit within the open meeting exception for advice subject to solicitor-client privilege under the Municipal Act, 2001.

However, the Ombudsman determined that council contravened section 239(6) of the Act during the September 11 meeting by voting in camera to approve funding for a bridge modification project, as this was a substantive decision rather than a procedural matter or a direction to staff.

The Ombudsman investigated a complaint regarding a closed meeting held by the council for the Town of Hawkesbury to receive a presentation from consultants on the Town's new strategic plan.

The council relied on the education or training exception under section 239(3.1) of the Municipal Act, 2001.

The Ombudsman found that the exception did not apply because the council discussed particular issues affecting the municipality in a way that materially advanced its business or decision-making.

The Ombudsman concluded that the council contravened the Act and made recommendations to improve compliance.

The Ombudsman investigated a complaint alleging that the Township of Strong council contravened the open meeting rules in the Municipal Act, 2001 by discussing a council member's conduct in a closed session.

The Ombudsman found that portions of the discussion involved unsubstantiated allegations and were personal in nature, fitting the exception for personal matters about an identifiable individual under section 239(2)(b).

Although other portions concerned professional conduct that did not fit the exception, the Ombudsman concluded that parsing the intertwined topics would have detracted from free and uninterrupted discussion.

Therefore, the entire closed session was permitted and no contravention occurred.

The Ombudsman investigated a complaint regarding a closed meeting held by the London Transit Commission on February 28, 2024.

The Commission discussed receiving training from the integrity commissioner and recording future meetings, which was intertwined with discussions about the personal conduct of identifiable Commissioners.

The Ombudsman found the discussion fit within the exception for personal matters about an identifiable individual.

However, the Commission contravened the Municipal Act, 2001 by failing to include the general subject matter in its resolution to enter closed session and by failing to have a procedure by-law in place at the time of the meeting.

The Ombudsman investigated a complaint that the Committee of the Whole for the Township of Ramara held illegal closed meetings via email on October 23 and 24, 2024.

The Ombudsman found that the October 23 email, which contained information that directly resulted in the removal of a food waste program from the budget, materially advanced municipal business and constituted an illegal closed meeting.

The October 24 email, which merely requested a topic be added to a future agenda, was procedural in nature and did not constitute a meeting.