The Ombudsman determined that council for Norfolk County did not contravene the Municipal Act, 2001, when it went in camera on March 26 and April 2, to discuss the hiring of … CLOSED MEETINGS OF COUNCIL (IN-CAMERA) What is a closed meeting? An in-camera board meeting (also sometimes referred to as an executive session) is held when directors meet behind closed doors, without management or any other non-board member present. All meetings of the city/village council will be held in compliance with state statutes, including the Open Meetings Act, 1976 PA 267 as amended, and with these rules. 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; The purpose of such a closed meeting is to receive information or give directions. Typically, it is planned ahead of time with the knowledge of the Chief Executive. Fax: 613-238-2098General Inquiries: info@nelliganlaw.ca. Closed Meeting sessions, or ‘In-Camera’ Meetings, are closed to the general public. Local Government Act, section 220 - Calling of special board meetings; Conducting Special Meetings Electronically. 0) "In-camera" means the conduct of a meeting or part of a meeting, of Council or a committee of Council, which is closed to the public as permitted under section 239 of the Municipal Act, 2001; The motion to have a private meeting would be: (6) At least 6 months before the next scheduled election under section 5 of the Municipal Elections Act, the town council of a town where (a) the total number of councillors elected for the ... First meeting 23. With this amendment, the Province of Ontario signaled that it intended to take steps to increase the public's confidence in the integrity of local government by ensuring the open and transparent exercise of municipal power1. Preliminary meetings with developers (at their request or council’s discretion) describing a new land use development should be held in-camera (Sec. 8, s. 99 (1)). In RSJ Holdings, the City of London, Ontario, debated the adoption of an interim control by-law concerning lands owned by RSJ Holdings in a meeting that was closed to the public. The Municipal Government Act requires that meetings of council be open to the public. ]\4Õô_ hoA. Typically, it is planned ahead of time with the knowledge of the Chief Executive. However, municipalities must assess very carefully whether the limited exceptions to go 'in camera' apply. The department said remuneration for elected officials must be discussed in open public meetings. Non-application (2) The Corporations Act and the Corporations Information Act do not apply to a municipality. These meetings are designed to handle sensitive issues that cannot be discussed publicly. However, rather than take a permissive approach in its interpretation, Ontario's highest court adopted a restrictive reading of the closed meeting exceptions in its decision in RSJ Holdings and The Corporation of the City of London 2005 ("RSJ Holdings"), which was subsequently endorsed by the Supreme Court of Canada. In the case of RSJ Holdings it resulted in the quashing of the by-law as an appropriate remedy. Regular Council meetings are open to the general public. Despite the basic principle contained in the Municipal Act 2001 that all meetings shall be open to the public, the City of London sought to justify its decision to close the meeting by using the 'litigation exception'. Regular meetings Regular meetings of the city/village council will be held on _____ of each month beginning at _____ p.m. at the city/village office unless otherwise There has been very little critical assessment of the merits of in camera sessions. That Council move into an In-Camera Meeting of Council directly following Regular session pursuant to Section 239 of the Municipal Act, 2001, as amended for the following reason: Item A - Section 239(2)(c) - A proposed or pending acquisition or disposition of land by the municipality or local board. 3 Section 238 of the Municipal Act 2001 defines "meeting" as any regular, special or other meeting of a council, of a local board or of a committee of either of them. Preliminary meetings with developers (at their request or council’s discretion) describing a new land use development should be held in-camera (Sec. meetings, with a comprehensive index for easy reference, was sought. The City argued that because litigation would follow from its decision to adopt the interim control by-law over the land owned by RSJ Holdings, it was therefore authorized to close the meeting to the public. Send us an email and let’s talk about how we can help you. 1 MUNICIPAL GOVERNMENT ACT Chapter M-26 Table of Contents 1 Interpretation 2 Application of Act 2.1 Indian reserves Part 1 Purposes, Powers and Capacity of Municipalities Annual Municipal Meetings; §§ 701-716, requires agencies to deliberate and take official action on agency business in an open and public meeting.It requires that meetings have prior notice, and that the public can attend, participate, and comment before an agency takes that official action. There has been very little critical assessment of the merits of in camera sessions. A person reading this particular exception would be forgiven for assuming that the Province intended to grant municipalities a wide authority to close meetings to the public in situations where litigation is an issue. In specific circumstances a local government has the authority to hold a closed meeting. While municipalities are legally required to ensure their meetings are open to the public, there is provision in the Municipal Act 2001 for certain forums to be private. In Camera Meetings: Should municipal councils be “In camera” shy? In addition, and more importantly, a "Meeting Procedure Guide" was established to assist ... under the Municipal Act, and will faithfully perform the duties of their office and will not allow any private interest to … Municipalities should heed this example and only conduct closed 'in camera' meetings when it is appropriate. An in camera session can be a regularly scheduled event at the beginning or end of a Board meeting, it can be called by the Chairperson or by formal motion through a majority vote from the Board. To this end, the Province has set the rules for a council, local board or a committee to go into a closed meeting. In Camera Matters A resolution is required to move into closed session to discuss property matters, and a procedural matter to approve in camera meeting minutes, as permitted by Section 239 of the Ontario Municipal Act and Council’s Procedure By-law. Annual Municipal Meetings; A, s. 4. Closed Meetings Per the Municipal Act (Section 239), meetings of Council, committees and local boards shall be open to the public. Among the many pieces of legislation, bylaws and policies that guide and inform municipal councils in Ontario, the Municipal Act is the most important. Local government in Ontario must be transparent and accountable. Body corporate. In addition, there was no evidence that an informal meeting took place on April 17, 2015 following the meeting of council. These rules are found in section 239 of the Municipal Act, 2001, as amended. 놎øPÏþóîÝÞ£¿6Íý/Eñðð0š~›Õ7õ}9)¿|)ëÅrTN®«ESBŠâ91´°#\Qۑ‚9P#k:¡vˆqü±ø4_LËI+ÆûïÍoMÙTÅMÉÄ£'c&mk¯²¼©f óAã?ï®êÛæ+Œ(Š“òþ÷ª¾ûÚ@ª8­ÚmGRØâlRÞ-Ðâl>kŽçß㑄i Җ(R^üTN«â²žVËOÕÃçù´œýóâãe^ºj™/ÅySNê›ñìnR1^|¨ÊÛzv Ëï­@Ò Municipal Act, and finally the Local Government Act in 2000.7 While the wording varied slightly over time, the original open meeting requirements remained largely unchanged until 1999. 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; The Ombudsman found that council for the City of Elliot Lake did not contravene the Municipal Act, 2001 during in-camera meetings on April 13 and April 17, 2015. 1. To this end, the Province has set the rules for a council, local board or a committee to go into a closed meeting. However, subsection 22(2) of the Municipal GovernmentAct provides council with the authority to meet in camera to discuss a limited number of matters. 2 Kalen v. Brantford (City) 2011 at paragraph 29. All Rights Reserved. Leave us your email and we will let you know once new content appears on our blog, 50 O'Connor Street, Suite 300 Closed session (in camera) meeting investigation Under the Municipal Act, 2001, as amended, a meeting can be closed to the public pursuant to Section 239. "municipal business" means a duty or function that a member of a council or council committee is required to carry out under this or any other Act or a by-law or resolution, and includes attending a meeting, conference or course of instruction that relates to municipal … A meeting or part of a meeting may be closed to the public if the subject matter being considered is: www.tml.org . 16). (1) Except as provided in this section, all meetings shall be open to the public. 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