The Ombudsman of Ontario has found that Hawkesbury Town Council held a closed session meeting it should not have held on December 3, 2024.
Ombudsman Paul Dubé’s report was received by council on Monday, March 9, without any discussion or questions among council members. Councillors André Chamaillard, Yves Paquette, and Tony Tsourounakis were not present for the meeting.
According to Dubé’s report, his office received a complaint alleging that the closed session discussion, which was described on the agenda as being about the Strategic Plan, did not fit within the definition in the Municipal Act which allows closed meetings for education and training purposes.
I have concluded that council for the Town of Hawkesbury contravened the Municipal Act, 2001 because the discussion in closed session on December 3, 2024, did not fit within the exception for education or training under the Act,” Dubé wrote.
The minutes of the December 3, 2024, Special Council Meeting indicate the closed session took place from 1:04 pm to 3:29 pm.
Dubé’s report explains that Under the Municipal Act, 2001, all meetings of council, local boards, and committees of either must be open to the public, unless they fall within prescribed exceptions.
On April 1, 2025, Dubé’s office advised the Town of Hawkesbury of its intent to investigate the complaint. Office of the Ombudsman staff reviewed the agenda, minutes, and video recording of the December 3, 2024, closed meeting, as well as a copy of a PowerPoint presentation given in closed session. Staff also spoke with the municipal Clerk.
According to Dubé, the exception for education or training applies where a meeting is held for the purpose of educating or training members of council, and members do not discuss a matter in a way that materially advances the business or decision-making of council. The exception is to be narrowly construed, and the use of the exception is to be carefully scrutinized.
“The mere receipt or exchange of information is unlikely to materially advance business or decision-making, as long as there is no attempt to discuss or debate that information as it relates to a specific matter that is or will be before a council, committee or local board,” Dubé wrote.
The Ombudsman concluded that in the case of the closed meeting in Hawkesbury, the presentation and discussion during the closed meeting were not intended to assist council in better understanding the strategic planning process in general. Rather, there was an exchange of information on the results of the consultants’ environmental scan and strategic diagnoses – all of which was specific to the municipality and intended to be considered once council turned to developing the Town’s strategic plan.
“Council for the Town of Hawkesbury contravened the Municipal Act, 2001 on December 3, 2024 when it went in camera because its discussion did not fit within the exception for education or training under the Act,” Dubé concluded.
In response to his findings, Dubé presented two recommendations to council. The first recommendation is that all members of council and its committees should be vigilant in adhering to their individual and collective obligation to ensure that the municipality complies with its responsibilities under the Municipal Act, 2001. The second recommendation is that council should ensure that no subject is discussed in a closed session unless it clearly comes within one of the statutory exceptions to the open meeting requirements.
