Open and Closed Meetings 

Subsections 239(1), 239(2), 239(3) and 239(3.1) of the Municipal Act, 2001, as amended, provide as follows:

239(1) Meetings open to public
Except as provided in this section, all meetings shall be open to the public.

239(2) Exceptions
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;
  • (b) personal matters about an identifiable individual, including municipal or local board employees;
  • (c) a proposed or pending acquisition or disposition of land by the municipality or local board;
  • (d) labour relations or employee negotiations;
  • (e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board;
  • (f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose;
  • (g) a matter in respect of which a council, board, committee or other body may hold a closed meeting under another Act.

239(3) Other criteria
A meeting or part of a meeting shall be closed to the public if the subject matter being considered is,

  • (a) a request under the Municipal Freedom of Information and Protection of Privacy Act, if the council, board, commission or other body is the head of an institution for the purposes of that Act; or
  • (b) an ongoing investigation respecting the municipality, a local board or a municipally-controlled corporation by the Ombudsman appointed under the Ombudsman Act, and Ombudsman referred to in subsection 223.13(1) of this Act, or the investigator referred to in subsection 239.2(1).

 

239(3.1) Educational or training sessions
A meeting of a council or local board or of a committee of either of them may be closed to the public if the following conditions are both satisfied:

  1. The meeting is held for the purpose of educating or training the members.
  2. At the meeting, no member discusses or otherwise deals with any matter in a way that materially advances the business or decision-making of the council, local board or committee.

Closed Meeting Investigation

A person may request that an investigation of whether a municipality or local board has complied with section 239 or a procedure by-law under subsection 238(2) in respect of a meeting or part of a meeting that was closed to the public by filing a request with the City Clerk, 100 Wellington Square, P.O. Box 818, Brantford, ON  N3T 5R7. 

Every request for a closed meeting investigation shall:

  • be in writing
  • include the reasons for the request
  • be signed
  • include an address and telephone number of the person making the request; and
  • include the required fee as established by the municipality for this purpose ($50.00)

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