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2018 Council

Vote Bill Manners

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In camera rules

General rule that meetings must be open to the public

89  (1)A meeting of a council must be open to the public, except as provided in this Division.

(2)A council must not vote on the reading or adoption of a bylaw when its meeting is closed to the public.

Meetings that may or must be closed to the public

90   (1)A part of a council meeting may be closed to the public if the subject matter being considered relates to or is one or more of the following:

(a)personal information about an identifiable individual who holds or is being considered for a position as an officer, employee or agent of the municipality or another position appointed by the municipality;

(b)personal information about an identifiable individual who is being considered for a municipal award or honour, or who has offered to provide a gift to the municipality on condition of anonymity;

(c)labour relations or other employee relations;

(d)the security of the property of the municipality;

(e)the acquisition, disposition or expropriation of land or improvements, if the council considers that disclosure could reasonably be expected to harm the interests of the municipality;

(f)law enforcement, if the council considers that disclosure could reasonably be expected to harm the conduct of an investigation under or enforcement of an enactment;

(g)litigation or potential litigation affecting the municipality;

(h)an administrative tribunal hearing or potential administrative tribunal hearing affecting the municipality, other than a hearing to be conducted by the council or a delegate of council;

(i)the receipt of advice that is subject to solicitor-client privilege, including communications necessary for that purpose;

(j)information that is prohibited, or information that if it were presented in a document would be prohibited, from disclosure under section 21 of the Freedom of Information and Protection of Privacy Act;

(k)negotiations and related discussions respecting the proposed provision of a municipal service that are at their preliminary stages and that, in the view of the council, could reasonably be expected to harm the interests of the municipality if they were held in public;

(l)discussions with municipal officers and employees respecting municipal objectives, measures and progress reports for the purposes of preparing an annual report under section 98 [annual municipal report];

(m)a matter that, under another enactment, is such that the public may be excluded from the meeting;

(n)the consideration of whether a council meeting should be closed under a provision of this subsection or subsection (2);

(o)the consideration of whether the authority under section 91 [other persons attending closed meetings] should be exercised in relation to a council meeting.

(2)A part of a council meeting must be closed to the public if the subject matter being considered relates to one or more of the following:

(a)a request under the Freedom of Information and Protection of Privacy Act, if the council is designated as head of the local public body for the purposes of that Act in relation to the matter;

(b)the consideration of information received and held in confidence relating to negotiations between the municipality and a provincial government or the federal government or both, or between a provincial government or the federal government or both and a third party;

(c)a matter that is being investigated under the Ombudsperson Act of which the municipality has been notified under section 14 [Ombudsperson to notify authority] of that Act;

(d)a matter that, under another enactment, is such that the public must be excluded from the meeting;

(e)a review of a proposed final performance audit report for the purpose of providing comments to the auditor general on the proposed report under section 23 (2) of the Auditor General for Local Government Act.

(3)If the only subject matter being considered at a council meeting is one or more matters referred to in subsection (1) or (2), the applicable subsection applies to the entire meeting.

Other persons attending closed meetings

91  (1)If all or part of a meeting is closed to the public, the council may allow one or more municipal officers and employees to attend or exclude them from attending, as it considers appropriate.

(2)If all or part of a meeting is closed to the public, the council may allow a person other than municipal officers and employees to attend,

(a)in the case of a meeting that must be closed under section 90 (2), if the council considers this necessary and the person

(i)already has knowledge of the confidential information, or

(ii)is a lawyer attending to provide legal advice in relation to the matter, and

(b)in other cases, if the council considers this necessary.

(3)The minutes of a meeting or part of a meeting that is closed to the public must record the names of all persons in attendance.

Requirements before meeting is closed

92  Before holding a meeting or part of a meeting that is to be closed to the public, a council must state, by resolution passed in a public meeting,

(a)the fact that the meeting or part is to be closed, and

(b)the basis under the applicable subsection of section 90 on which the meeting or part is to be closed.