Why are some meetings closed to the public?
Like all municipal councils, local boards and their committees, at times our Township Council must meet behind closed doors to discuss certain matters, receive information, or give direction.
Whenever a closed meeting is scheduled, we will post the Agenda ahead of time. This helps ensure complete accountability and transparency on our part, as well as Township Council and its standing committees.
Under the Municipal Act, 2001, as amended, a meeting can be closed to the public pursuant to Section 239.
Council may conduct a closed meeting to consider any of the following:
- the security of the property of the municipality or local board;
- personal matters about an identifiable individual, including municipal or local board employees;
- 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; or
- 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.
Through Local Authority Services Ltd., the Township of Wilmot has engaged the services of John Mascarin, Aird and Berlis, as the Municipal Closed Meeting Investigator and has authorized it to conduct investigations upon receipt of a complaint in respect of meetings or parts of meetings that are closed to the public. The Investigator will determine compliance with the Act or the applicable procedural by-law with respect to closed meetings and will report on the results of such investigations.
Procedures - Request for Investigation
Prior to submitting a request for investigation, members of the public are encouraged to discuss their concerns or inquiries with the municipal clerk.
Members of the public may submit requests to the Investigator relating to compliance with Section 239 of the Municipal Act, 2001, or the Municipal Rules of Procedure By-law for meetings or part of meetings that are closed to the public.
All requests will be treated confidential by the municipality and the Investigator, unless authorization is given by the requestor to release his or her identity.
Request Forms may be downloaded from the municipality’s website or are available at the Legislative Services Division, Wilmot Administration Complex.
Requests must be submitted on the Request Form and in a sealed envelope clearly identified as a complaint under Section 239 of the Municipal Act, 2001, and forwarded by mail to:
Municipal Clerk,
Township of Wilmot
Wilmot Administration Complex
60 Snyder’s Road West
Baden, ON N3A 1A1
All requests must contain:
- Requestor’s name, mailing address, telephone number and e-mail address (if applicable)
- Name of municipality
- Date of closed meeting under consideration
- Nature and background of the particular occurrence
- Any other relevant information
- Original signature
- Date
When requests are submitted directly to the Clerk, the Clerk shall follow the following procedures:
- Ensure that the requests remain confidential;
- Assign a file number and record a file number on the envelope;
- Log the file number together with the date and time received;
- Forward the request to the Municipal Investigator by registered mail.
The Municipal Clerk will provide the Investigator the following or any other information or documentation as requested by the Investigator related to a complaint:
- Certified copy of the Municipal Rules of Procedure By-law
- Certified copy of Notice of Meeting
- Certified copy of the Agenda and related materials
- Certified copy of the Minutes of meeting
- Relevant Resolutions
- Municipal contact list
- Any additional documentation that the Clerk deems relevant.
Contacts