Closed Meetings

An overview of Ontario’s open meeting rules and related matters involving closed meetings and procedures as set out below. 

What is the Open Meeting Rule?

The Municipal Act, 2001 provides that every municipality and local board in Ontario must enact a by-law to govern the calling, location and proceedings of their meetings under s. 238. This by-law is commonly referred to as the “procedure by-law” and is mandatory, unlike the vast majority of by-laws in the Municipal Act, 2001 which are permissive.

All meetings of a municipal council, a local board or a committee of either of them must be held in an open public session unless one or more exceptions apply pursuant to s. 239(1).

Are there exceptions?

The Municipal Act, 2001 sets out a number of specific exceptions to the open meeting rule based on the subject matter of the item that the council, local board or committee is considering (ss. 239(2), (3) and (3.1)). Certain procedural requirements must be followed prior to the council, local board or committee convening into a closed session.

What changes were made to the Municipal Act, 2001 regarding Closed Meeting Procedures?

In 2006, Bill 130 added to the Municipal Act, 2001 the ability for any person to request a review of the procedures of any closed meeting of a municipal Council or a local board (s. 239.2).

What does this mean?

As of January 1, 2008 any person can request that an investigation be undertaken respecting whether a municipality or local board, or a committee of either, has complied with the closed meeting rules contained within the Municipal Act, 2001 or a procedure by-law. Municipalities can appoint an investigator for this purpose but if a municipality chooses not to appoint an Investigator, the Ontario Ombudsman assumed the role and investigated the request.

What should be considered in appointing an Investigator?

A municipality can appoint any person to conduct investigations pursuant to the Municipal Act, 2001.

In making its selection, a municipality should consider that sections of the Municipal Act, 2001 were developed to enhance transparency and accountability – this should be considered in municipal decision-making.

Why appoint LAS as Investigator?

LAS offers this service because it is complementary to LAS’s existing program of municipal services whereby value can be enhanced through group procurement. LAS also believes that this initiative will assist municipalities in demonstrating that they are mature and accountable orders of government, capable of managing their own affairs.

LAS will include an educational component as a part of this program to help municipalities advance their knowledge base.