Closed session (in camera) meeting investigation
Under the Municipal Act, 2001, as amended, a meeting can be closed to the public pursuant to Section 239.
Council may close a 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.
A member of the public can request an investigation of a Closed Session Meeting (Section 239.1 and 239.2), if they feel a meeting was closed improperly.
The Region of Peel has, under Council Resolution 2007-1541, entered into an agreement with Local Authority Services (LAS) to conduct Closed Sessions investigations.
Requests should be directed to the Office of the Regional Clerk by calling 905-791-7800, ext. 4545 or emailing the Regional Clerk.
On January 21, 2016 Regional Council held a closed meeting for the purpose of an educational session about community water fluoridation. The Clerk's office received a complaint about the meeting requesting an investigation into the validity of the closed meeting. The Region appointed Local Authority Services (LAS) as its closed meeting investigator and it delegated its powers and duties to Amberley Gavel Ltd. to undertake the investigation and report to the Region. The investigation is complete and the report is attached. Amberley Gavel concluded that the meeting was a breach of the open meeting requirements of the Municipal Act. There are no further outcomes from the report.
Pursuant to the Municipal Act,the report has been made public: Final Report, July, 2016 (PDF)
The report will be on the agenda for the September 8, 2016 Regional Council meeting for receipt.