Closed Meeting Investigation

CLOSED MEETING INVESTIGATIONS

As of January 1, 2008, any person may request an investigation as to whether a municipality or local board has complied with the statutory requirements outlined in the Municipal Act or its procedural by-law with respect to meetings being held in Public.

The Municipality has appointed Local Authority Services Ltd. (LAS) as the Municipality’s Closed Meeting Investigator.  LAS has delegated its authority to Amberley Gavel Ltd. who will conduct all closed meeting investigations.  The investigator will determine if the Municipality has complied with the Act or its procedural by-law in relation to closed meetings.

Under Section 239 of the Municipal Act, 2001 all meetings are open to the public except that a municipality is permitted to go into closed meeting for the following reasons:

  • The security of property of the municipality or local board;
  • Personal matters about an identifiable individual, including municipal or local board employees;
  • A proposed or pending acquisition or disposition of land by the municipality or local board;
  • Labour relations or employee negotiations;
  • Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board;
  • Advice that is subject to solicitor-client privilege, including communications necessary for that purpose;
  • A matter in respect of which a council, board, committee or other body may hold a closed meeting under another Act;
  • 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;
  • 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;
  • 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;
  • 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;
  • A request under the Municipal Freedom of Information and Protection of Privacy Act, if council, board, commission or other body is the head of an institution for the purposes of that Act;
  • 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; and
  • The meeting is held for educating and training and no member discusses or deals with a matter in a way that materially advances the business decision-making of the council, local board or committee.

The bodies to which this legislation applies is the Council of the Municipality of Thames Centre.

A complaint form must be completed and submitted in a sealed envelope.  The complaint form may also be obtained from the Municipal Office.

All complaints will be forwarded to Amberly Gavel Ltd. directly.  The Report of the Investigator will be made available to the public as required by the Act.