Closed Meetings

At times, Council deals with matters of a confidential nature. When this situation arises, Council may hold a closed (or in-camera) meeting. Section 239 of the Municipal Act, 2001 outlines when a municipal council, local board, or a committee may close a meeting, or part of a meeting to the public.

In order to close a meeting to the public, Council must state by resolution that a closed meeting will be held and state the general nature of the matter to be considered at the closed meeting. The Municipal Act also imposes certain restrictions on a meeting that is held without the public present by requiring that no vote be taken on any matter unless the vote is for a procedural matter or for giving direction to Town staff.

When can a meeting or part of a meeting be closed to the public?

As per Section 239(2) of the Municipal Act, 2001, a meeting, or part of a meeting, may be closed to the public if the subject matter being considered is;

Exceptions

(2) A meeting or part of a meeting may be closed to the public if the subject matter being considered is,

(a) the security of the property of the municipality or local board;

(b) personal matters about an identifiable individual, including municipal or local board employees;

(c) a proposed or pending acquisition or disposition of land by the municipality or local board;

(d) labour relations or employee negotiations;

(e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board;

(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose;

(g) a matter in respect of which a council, board, committee or other body may hold a closed meeting under another Act;

(h) 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;

(i) 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;

(j) 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; or

(k) 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. 2001, c. 25, s. 239 (2); 2017, c. 10, Sched. 1, s. 26.

Other criteria

(3) A meeting or part of a meeting shall be closed to the public if the subject matter being considered is,

(a) a request under the Municipal Freedom of Information and Protection of Privacy Act, if the council, board, commission or other body is the head of an institution for the purposes of that Act; or

(b) an ongoing investigation respecting the municipality, a local board or a municipally-controlled corporation by the Ombudsman appointed under the Ombudsman Act, an Ombudsman referred to in subsection 223.13 (1) of this Act, or the investigator referred to in subsection 239.2 (1). 2014, c. 13, Sched. 9, s. 22.

Educational or training sessions

(3.1) A meeting of a council or local board or of a committee of either of them may be closed to the public if the following conditions are both satisfied:

1. The meeting is held for the purpose of educating or training the members.

2. 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. 2006, c. 32, Sched. A, s. 103 (1).

What can you do if you have a concern related to a meeting or part of a meeting that was closed to the public?

If you have a question or concern about a meeting or part of a meeting that was closed to the public you may contact the Clerk.

If you feel Council or a Council committee or board has improperly held a closed meeting, you can request an investigation. The Ontario Ombudsman is the Town's Closed Meetings Investigator.

Any corporation or member of the public can submit a complaint to the Closed Meeting Investigator. Complaints are always confidential. For information about how to submit a complaint, visit the website for the Ontario Ombudsman or contact 1-800-263-1830.

Closed Meetings

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