Why Go In-Camera?

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Amherstburg is highlighted twice as case examples in the same Ontario Ombudsman Open Meetings Guide for Municipalities that I shared yesterday:

Matters that can be discussed in closed session under another Act – s. 239(2)(g)

Town of Amherstburg (June 2018): While staff suggested this exception applied because a request for proposals (RFP) could have been discussed in private under the Police Services Act, there was no evidence that council considered the application of this exception, or that the RFP had been discussed in closed session by the town’s police services board.

Security of municipal property – s. 239(2)(a)

Town of Amherstburg (June 2018): Discussion about seeking bids for policing services did not fit within the exception, as it did not deal with potential threats, loss, or damage to municipal property.

Must all municipal meetings be open to the public?

Yes, with some limited exceptions.

Twelve of the exceptions are discretionary, meaning it is not mandatory to close meetings to deal with these subjects. When in doubt, open the meeting. (original emphasis).

Meetings may be closed if the discussion is about:

  1. The security of the property of the municipality [s. 239(2)(a)]
  2. Personal matters about an identifable individual, including municipal employees [s. 239(2)(b)]
  3. A proposed or pending acquisition or disposition of land by the municipality [s. 239(2)(c)]
  4. Labour relations or employee negotiations [s. 239(2)(d)]
  5. Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality [s. 239(2)(e)]
  6. Advice that is subject to solicitor-client privilege, including communications necessary for that purpose [s. 239(2)(f)]
  7. A matter in respect of which a council, board, committee or other body may hold a closed meeting under another piece of legislation [s. 239(2)(g)]
  8. Information supplied in confidence to the municipality by another level of government [s. 239(2)(h)]
  9. Third-party information supplied in confidence to the municipality, which, if disclosed, could significantly prejudice a competitive position or interfere with negotiations (e.g., a trade secret or scientific, technical, commercial, fnancial or labour relations information) [s. 239(2)(i)]
  10. Information (e.g., a trade secret or scientific, technical, commercial, or financial information) that belongs to the municipality and has monetary value [s. 239(2)(j)]
  11. A position, plan, procedure, criteria, or instruction to be applied to negotiations [s. 239(2)(k)]
  12. Educating or training members of the council, a local board or committee [s. 239(3.1)]

    Mandatory exceptions:
    Meetings must be closed if they are about:

  13. The consideration of a request under the Municipal Freedom of Information and Protection of Privacy Act, if the council, board, commission or body is the head of an institution for the purposes of that Act [s. 239(3)(a)]
  14. An ongoing investigation respecting the municipality by the Ontario Ombudsman, an appointed municipal ombudsman, or an appointed closed meeting investigator [s. 239(3)(b)]