Closed Meetings of Council

Questions sometimes arise with respect to Council going into 'Closed' or "In-Camera' meetings and I felt it was appropriate to provide some facts around Closed meetings and the use of this legislative provision to conduct Council business. Section 90(1) of the Community Charter allows part of a council meeting to 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.


Given the range of circumstances that could or would require a matter to be considered in a closed meeting, they can be a fairly common occurrence. However, placing items on a closed meeting agenda is not done so lightly and each and every item is carefully assessed against the legislated criteria by the CAO and Corporate Officer. The most common items that go to closed meetings include employee relations, appointments of individuals to committees/awards, disposition of land and litigation issues. In many cases, the resolutions of Council from a closed meeting are brought forward to regular agendas for the public record. However, there are items such as employee relations or litigation that are not made public due to the need for personal or legal confidentiality.

Public perceptions of Council "doing business behind closed doors" when they are in closed meetings are common. However, it is the role of the CAO and Corporate Officer to ensure that closed meeting items meet the criteria of the Community Charter and provide advice to Council with respect to those items that should be brought forward for the public record.