3. Meetings
Many of your municipality’s important affairs are handled at council meetings. This section provides some important information about holding meetings, setting procedures for meetings and tips you may wish to consider when making decisions about how you conduct council business.
Importance of council meetings
Generally, the powers of your municipality must be exercised by council through by-law. By-laws are passed at council meetings. Council and local board meetings must generally be open to the public and it is a good practice to conduct business in a transparent and accountable way. Central parts of council decision making – including deliberation and voting – take place there. It is important that council meetings be properly called and organized, and that proper procedures are followed.
The effective and efficient conduct of meetings can help move the business of council along in a timely manner. One of the roles of the head of council is to act as the presiding officer (sometimes called chairperson) at council meetings, although council may assign this duty to another member of council with the consent of the head of council. The presiding officer is often responsible for following the agenda, preserving order and enforcing any rules of procedure council may have adopted.
Sample considerations: effective council meetings
Presiding officers (and other members) may wish to consider the following suggestions to help in chairing meetings more effectively:
- be aware of the rules of procedure, be timely, be impartial
- prepare for the meeting by reviewing the entire agenda package
- recognize that the presiding officer is a member of council:
- they may be able to vote on questions being addressed by council
- they may wish to temporarily step down as presiding officer during a meeting to debate an item on the agenda
- the role may include communicating decisions that are made by council as a whole
Procedure by-laws
Every municipality and certain local boards must pass a procedure by-law to govern the calling, place and proceedings of their meetings and meetings of certain committees. The content of the procedure by-law is generally up to the council or the local board.
Notice
Municipalities are required to provide for public notice of meetings in their procedure by-laws. Notice of meetings is an important factor in strengthening municipal accountability and transparency, and encouraging public participation in local government decision making.
Sample considerations
If your council or local board is reviewing the provisions related to public notice of meetings in its procedure by-law, it may wish to consider matters such as:
- the posting of meeting notices with sufficient information to help the public in understanding the purpose of the meeting, what will be discussed and when and where the meeting will be held
- the posting of notices of meetings and agendas on websites in advance of meetings
Special meetings
The Municipal Act, 2001 provides for special meetings to be called in certain circumstances, subject to the municipality’s procedure by-law. For example, the clerk might call a special meeting upon receipt of a petition from a majority of councillors or the head of council might want to call a special meeting in the event of an extreme weather event. Some municipalities have established a minimum notice period for holding special meetings, requiring that the time, location and purpose of the meeting be clearly stated in the notice.
For more information regarding procedure by-laws, please see section 238 of the Act.
Definition of a meeting
Council meetings are customarily either regular or special. Although the frequency of regular meetings is up to council, they are usually held at regular intervals and at locations set out in the procedure by-law. An exception is the date of council’s first meeting after an election, which cannot be held later than 31 days after the term of council begins, at the time set out in the municipality’s procedure by-law.
For the purposes of certain meeting rules, the Act now provides that a “meeting” means any regular, special or other meeting of a council, of a local board or of a committee of either of them, where,
- A quorum of members is present
- Members discuss or otherwise deal with any matter in a way that materially advances the business or decision-making of the council, local board or committee
A common challenge identified by municipalities is the point where a gathering becomes a “meeting” for the purposes of meeting rules in the Municipal Act, 2001.
The inclusion of quorum in the definition of “meeting” helps provide greater certainty to local elected officials – like you – when engaging with other councillors informally outside of the council chambers. As well, the updated definition of meeting provides clarity that a certain level of progress must be made on a council matter to be considered a meeting (that is not a social discussion regarding personal matters).
Sample considerations
The definition is not the complete picture, however. When your council or board is making its decision about whether a gathering of its members is a “meeting” for the purposes of the meetings rules in the Act, it may wish to keep in mind the following important considerations in mind:
- is the subject matter of the meeting something traditionally municipal or something municipalities make decisions about?
- how many members are present?
- did the attendees take a position on, or agree or disagree with, an item of council business?
- are municipal resources being used?
- are municipal staff present and what is their role?
- is the municipal decision-making process transparent?
- how are members participating (e.g. in person, email, teleconference)?
In addition, it is possible that a gathering of council or board members may be a “meeting” for the purposes of the meetings rules in the Act whether or not the gathering:
- was called a “meeting” or some other term (e.g. “‘workshop”)
- followed formal procedures
- took place on municipal premises or happens within or outside the municipality
Record keeping of municipal meetings
The clerk (in the case of a council meeting) or the appropriate officer (in the case of a meeting of a local board or committee) is required to record, without note or comment, all resolutions, decisions and other proceedings at a meeting of the body, regardless of whether the meeting is open or closed to the public.
Open and closed meetings: public business
The Municipal Act, 2001 includes provisions related to the transparency and accountability of council as well as certain local boards and committees, including the conduct of meetings. Transparent decision-making processes may be seen as part of foundation of the good municipal governance.
A key transparency rule for municipalities is the requirement that most municipal meetings be open to the public. There are limited exceptions where a closed meeting can be held. Open meeting rules recognize the importance of transparency in local decision-making.
As a result of changes made to the Act, there are now additional reasons for which meetings may be closed.
Balancing transparency and confidentiality
As discussed previously in this chapter, it is a good practice to conduct business in a transparent and accountable manner and that municipal meetings be open to the public, subject to certain exceptions.
In other words, municipalities are encouraged to consider openness and transparency to be appropriate in most circumstances, including when making decisions about whether or not to close a meeting. There will be times, however, in the course of business where information should, or even must, be kept confidential.
Closing a meeting
A meeting or part of a meeting may be closed to the public if the subject matter being considered is:
- the security of the property of the municipality or local board
- personal matters about an identifiable individual, including municipal or local board employees
- a 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
- 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 meeting or part of a meeting shall be closed to the public if the subject matter being considered is:
- 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
- an ongoing investigation respecting the municipality, a local board or a municipally-controlled corporation by the Ontario Ombudsman, a municipal Ombudsman, or meeting investigator
Closing a meeting for education and training
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:
- the meeting is held for the purpose of educating or training the members
- 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
Meeting investigations
If a member of the public believes that a meeting or part of a meeting has been closed improperly, they may request that an investigation be conducted by a meeting investigator appointed by the municipality.
If your municipality has not appointed a meeting investigator, the Ontario Ombudsman may conduct a meeting investigation. For more information about the Ontario Ombudsman’s Office see their website, where you can find reports and other materials.
If, after making an investigation, the investigator is of the opinion that the meeting or part of the meeting was closed improperly, the investigator shall report their opinion and the reasons for it to the municipality or local board, as the case may be, and may make such recommendations as he or she thinks fit.
The Act now requires a municipality or local board to pass a resolution stating how it intends to address a report provided by a meeting investigator, where the investigator reports their opinion that a meeting appears to have been closed contrary to the open meetings provisions of the Act or a procedure by-law.
Quorum
A quorum is the minimum number of members needed to conduct business at a meeting. Generally (there are exceptions), a quorum is a majority of members. Electronic participation of members may count towards quorum if the procedure by-law allows it. For additional information about quorum, please see section 237 of the Municipal Act, 2001.
Quorum may be affected if a member declares a pecuniary (financial) interest in a matter being considered at a meeting. If a member is required to declare a pecuniary interest in a matter at a meeting, the member cannot vote (or participate generally) with respect to the matter. For more information about a member’s duties in this regard, please see the Municipal Conflict of Interest Act, particularly section 5, and the accountability and transparency section of this guide.
If there is not a quorum of members for a meeting because of inability to participate the Municipal Conflict of Interest Act makes the remaining number of members at the meeting a quorum. The remaining number must not be less than two. An application to court to address the matter may be possible if the remaining number of members is less than two. For more information regarding a remedy for lack of quorum, please see the Municipal Conflict of Interest Act, particularly section 7.
If council is unable to hold a meeting for a period of 60 days or more, because of a failure to obtain a quorum, the Minister of Municipal Affairs and Housing may declare all the members’ seats vacant and a by-election shall be held (see section 266 of the Municipal Act, 2001 for more information.
Electronic participation in meetings
The Municipal Act allows members of councils, committees and certain local boards to:
- participate in open and closed meetings electronically
- count members participating electronically for purposes of quorum (the minimum number of members needed to conduct business at a meeting)
These provisions are optional. Municipalities can choose whether they wish to use these provisions and incorporate them in their individual procedure by-laws.
What a municipality can do
To allow electronic participation, municipalities can either:
- amend their procedure by-law during a regular meeting
- hold a special meeting to amend their procedure by-law
During this meeting, municipalities can count members participating electronically for the purposes of quorum.
Municipal councils, committees and boards can amend their procedure by-laws to:
- allow electronic participation in meetings
- state whether members can participate electronically in both open meeting and closed meetings
- state whether members participating electronically count towards quorum
It is up to municipalities to determine:
- whether to use these provisions
- the method of electronic participation
- the extent to which members can participate electronically (for example, whether all council members can participate electronically or whether some still need to participate physically in council chambers)
Technology to use for electronic meetings
Municipalities, their boards, and their committees can choose the technology best suited to their local circumstances so that:
- their members can participate electronically in decision-making
- meetings can be open and accessible to the public
Municipalities may want to engage with peers who have electronic participation in place to find out about best practices as they revise their procedure by-laws.
Electronic meetings and open meeting requirements
If a municipality amends their procedure by-law to allow people to participate electronically, meetings must still follow existing meeting rules, including that the municipality:
- provides notice of meetings to the public
- maintains meeting minutes
- holds meetings open to the public (subject to certain exceptions)
The Municipal Act specifies requirements for open meetings to ensure that municipal business is conducted transparently, and with access for and in view of the public. There are limited circumstances under the Municipal Act when municipal meetings can be conducted in closed session.
Electronic meetings rules for local boards
The following local boards are subject to the meeting rules in the Municipal Act:
- municipal service boards
- transportation commissions
- boards of health
- planning boards
- many other local boards and bodies
Some local boards may not be covered. For example, police service, library and school board meetings have different rules, which are found in other legislation.
Municipalities are best positioned to determine whether a local entity is considered a local board. If in doubt about whether a local entity is covered under these rules, municipalities can contact their local Municipal Service Office and can seek legal advice about:
- the status of local entities
- whether the provisions about electronic meetings apply to them
Voting by proxy
Municipalities have the flexibility to allow for proxy votes for municipal council members who are absent. This authority helps ensure that constituents’ interests continue to be represented when a member cannot attend in person for reasons including:
- illness
- a leave of absence
- the need to practice physical distancing
Municipalities that wish to allow for proxy voting must amend their procedure by-laws so that a council member can appoint another member of the same council to act in their place when they are absent.
What a municipality can do about voting by proxy
Allowing proxy voting is optional. Each municipality can determine whether they allow proxies for council members and under what circumstances. If a municipal council chooses to allow proxy voting, it is up to each member to decide if they wish to appoint another council member as a proxy when they are absent.
Some considerations
Municipalities have the flexibility to determine the scope and extent of proxy appointments and may wish to consider:
- how to establish and revoke proxies
- circumstances around when to use or not use proxies
- ways proxyholders may participate in a meeting, including voting, speaking or asking questions on behalf of the appointing member
- other rules and limitations
If a municipality chooses to allow proxy voting, the municipal clerk is responsible for establishing a process for appointing and revoking proxies. Municipalities may consider addressing voting by proxy in their code of conduct or other local policies to help ensure that votes are cast appropriately and that the local process is followed.
Once a proxy has been appointed, the appointing member can revoke the proxy using the process established by the municipal clerk.
Limitations for voting by proxy
The act sets out limits to the proxy appointment process, including:
- a proxyholder cannot be appointed unless they are a member of the same council as the appointing member
- for upper-tier municipalities, this means that a proxyholder must be a member of the same upper-tier council as the appointee, regardless of lower-tier membership
- a member cannot act as a proxyholder for more than one council member at a time
- an appointed proxy is not counted when determining if a quorum is present
- a member appointing a proxy must notify the municipal clerk of the appointment in accordance with the process established by the clerk
- when a recorded vote is taken, the clerk shall record both:
- the name and vote of the proxyholder
- the name of the absent member of council for whom the proxyholder is acting
Absence longer than three months
Other existing rules for council member absence rules still apply. A member’s seat would become vacant if they are absent from council meetings for three successive months without being authorized by a resolution of council.
Accountability and transparency rules for voting by proxy
Members who appoint proxies or act as proxyholders are required to follow existing accountability and transparency requirements. For example, if a member has a pecuniary interest in a matter under the Municipal Conflict of Interest Act, they may not appoint a proxy or serve as a proxyholder. Municipalities may also consider transparency measures such as:
- informing the public about which members have appointed a proxy or are serving as a proxy
- publishing meeting agendas in advance so that proxies can be appointed, if needed and potential conflicts of interest can be identified
- allowing members who cannot attend meetings in person to participate electronically rather than appointing a proxy
Learn more about existing accountability and transparency requirements, including the Municipal Conflict of Interest Act, codes of conduct and the role of the local integrity commissioner.
Helpful considerations: section 3
- Generally, the powers of your municipality must be exercised by council through by-law.
- Procedure by-laws govern the calling, place and proceedings of meetings. The content of the procedure by-law is generally up to the council or local board, as the case may be.
- Municipalities and certain local boards and committees are required to record, without note or comment, all resolutions, decisions and other proceedings of the council, regardless of whether the meeting is open or closed to the public.
- All meetings of council, and certain local boards and committees, must be held in open session with limited exceptions.
- If a member of the public believes that a municipality has closed a meeting improperly, they can put forward a request for an investigation by the appropriate meeting investigator. Meeting investigators are responsible for investigating complaints about whether a municipality or local board has complied with the meeting rules under the Act or the relevant procedure by-law.