Closed Meetings

Local government in Ontario must be transparent and accountable to the public that they serve. That said, the Province of Ontario recognizes that there may be situations in which the privacy of an individual should be respected, or where open meetings would not serve the broader public interest or the interests of the municipality.

For example, if a municipality is considering purchasing or selling a piece of land: public deliberations could reveal strategic bargaining information that could negatively impact the outcome of the purchase or sale process.

To this end, the Province has identified a number of business items that can be discussed in meetings that are closed to the public, provided that the municipality follows all the necessary procedural rules including:

• Giving notice of the meeting,
• Passing a resolution in open session to close the meeting, and
• Keeping closed session minutes.

During the closed meeting, discussions must stay on topic and be limited to the subject area stated in the resolution.

What are the Exceptions for Closed Meetings?

A municipal or local board meeting, or part of a meeting, may be closed to the public if the subject of the meeting falls within one of the exceptions set out in s. 239 of the Municipal Act, 2001. In brief, these include matters that relate to:

1. The security of the property of the municipality,
2. Personal matters about an identifiable individual,
3. Acquisition or disposition of land,
4. Labour relations,
5. Litigation,
6. Advice subject to solicitor-client privilege,
7. Education or training,
8. Information explicitly supplied in confidence to the municipality,
9. A trade secret or certain specific information supplied in confidence to the municipality, or that belongs to the municipality and has monetary value,
10. A plan or instruction to be applied to negotiations.

For more exceptions, see the Municipal Act.

Closed Meeting Investigations

Any person has the right to request an investigation as to whether the municipality, local board or committee complied with the closed meeting rules established by the Province or the Township's Procedure By-law.

Prior to submitting a formal request for investigation; members of the public are encouraged to contact the Township's Clerk's Department to discuss their concerns and receive information regarding the occurrence giving rise to the concerns.

If you are unable to resolve your concerns through normal channels, investigation requests may be submitted using the established complaint form or via a written request.

All complaints must be addressed to the Township of Wainfleet, submitted in a sealed envelope marked 'Private and Confidential' and contain the following information:

• Applicant's name, mailing address, telephone number and e-mail address,
• Date of closed meeting under consideration,
• Nature and background of the particular occurrence,
• Any actions undertaken (if any) by the applicant to resolve the concern,
• Any other relevant information,
• Date of application, and
• Original signature.

Complaints may be submitted by mail or delivered directly to:

PRIVATE & CONFIDENTIAL
Township of Wainfleet
ATTENTION: Clerk
31940 Highway #3, P.O. Box 40
Wainfleet, ON L0S 1V0

All complaints will be treated as confidential and will be forwarded directly to the Township's independent closed meeting investigator.