By: Linda Saxon, The Burg Watch
Before our newly elected council even settles into their chairs for the next four years, Town Hall is already locking the doors.
Recently, I emailed Amherstburg’s Chief Administrative Officer (CAO) Valerie Critchley asking to be notified of the upcoming orientation and training sessions for the incoming council. Here is the exact response I received:
“Good Morning:
There will be internal training and education sessions held on November 24 and 30, December 1, 3 and 7. These sessions will not be public meetings in accordance with section 239 (3.1) of the Municipal Act.
Regards,”
Five separate training dates—November 24, November 30, December 1, December 3, and December 7—and every single one of them is being held behind closed doors.
Notably, the CAO copied both the Town Clerk and Mayor-elect Chris Gibb on the reply—meaning our incoming mayor is already aware that these sessions are being closed to the public.
We Have Seen This Exact Playbook Before
This is not the first time administration has put up unnecessary roadblocks around council training.
Following the 2022 municipal election, I asked CAO Critchley when council received accessibility training. She told me it happened on November 29, 2022—yet I could not find accessibility listed on that day’s Council Workshop Agenda. When I asked her to simply email me copies of the training materials provided to council, her response was:
“With respect to your request for documents, please file a Freedom of Information Request.”
I filed that formal FOI request. When I finally received full disclosure, the “secret” training package consisted of just three items:
- Accessible Customer Service Standard (a public policy already posted on the town’s website)
- Integrated Accessibility Standards Regulation Policy (another public policy already posted on the town’s website)
- AODA – Accessibility for Ontarians with Disabilities Act 2023 (a slide deck that referenced a 30-minute Folk Music Ontario AODA Customer Service Video from July 2014)
Forcing a resident through an FOI process just to hand over two public town policies and a decade-old music organization video proves that closing these sessions has nothing to do with protecting confidential municipal secrets. It is simply a barrier to transparency—and it raises serious questions about the quality of education our lawmakers are actually receiving.
Legal Does Not Mean Mandatory
Let’s be clear about what the law actually says. Under Section 239(3.1) of Ontario’s Municipal Act, a municipality is permitted to close a meeting to the public for the purpose of educating or training council members, provided no member discusses or advances municipal business or decision-making.
However, closing those doors is a choice, not a legal requirement.
Nothing in the Municipal Act forces a town to hide council orientation from taxpayers. In fact, other Ontario municipalities—such as the City of Cambridge—actively invite residents to observe open portions of their council-elect training on governance and community priorities.
Even more telling is Amherstburg’s own track record. Following a previous closed training session here in town, the Ontario Ombudsman issued a formal report on April 29, 2024, explicitly suggesting that the Town of Amherstburg formalize the practice of treating training sessions as open public meetings to improve transparency.
Two years later, administration is ignoring that recommendation and keeping the doors locked.
The Rules Town Hall Still Has to Follow
Even when a municipality chooses to use the Section 239(3.1) loophole to exclude the public, the law still sets strict boundaries:
- No Policy or Decision-Making: The Ontario Ombudsman interprets the training exception very narrowly. These five sessions cannot be used to review policy options, debate upcoming town files, or lay the groundwork for future council votes.
- Mandatory Public Notice: Unlike the missing agenda item in November 2022, council is legally required to pass a resolution in an open public meeting beforehand stating the fact of the closed session and the general nature of the subject matter being covered.
- Mandatory Accessibility Training: Under provincial law, newly elected officials must receive training on the Accessibility for Ontarians with Disabilities Act (AODA) and human rights obligations. Taxpayers have a right to know how our new council is being educated—especially in a town where the outgoing mayor openly admitted we are not compliant.
What The Burg Watch Will Be Tracking
Transparency is not something politicians should only talk about during an election campaign. It starts with letting residents see how their elected officials are being trained to govern.
I have already sent a follow-up email to the CAO—with the Town Clerk and Mayor-elect Gibb copied or informed—reminding administration of the Ontario Ombudsman’s 2024 transparency recommendation and asking which of these five dates covers mandatory AODA training and who is delivering the curriculum.
The Burg Watch will also be checking the upcoming council agendas to ensure formal public resolutions are passed disclosing the general topics for all five dates. The new term hasn’t even officially started, and the habit of operating behind closed doors is already back in full swing.
