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Open Meetings Legislation in Canada: What Municipalities Need to Know

Canadian municipalities are subject to open meeting requirements under provincial municipal legislation. These requirements govern which proceedings must be held in public, which matters can be discussed in closed session, and how records of both must be maintained.

The open meeting principle in Canadian municipal law

Canadian municipal law is generally based on the principle that meetings of municipal councils and committees should be open to the public. This reflects the democratic accountability of elected local governments to their constituents. The right to observe municipal decision-making is considered a fundamental element of local democratic governance. All Canadian provinces have enacted municipal legislation that establishes open meeting requirements — and defines the limited circumstances in which meetings or portions of meetings may be held in closed session. While the specific rules differ by province, the core principle is consistent: public meetings are the default, and closed sessions are the exception, available only for defined subject matter categories.

What can be discussed in closed session — and what cannot

Provincial municipal legislation defines the categories of subject matter that can be discussed in closed session. These categories typically include: personal matters about identifiable individuals (including personnel matters); litigation or potential litigation; labour relations and negotiations; the security of municipal property; acquisition or disposal of land; legal advice protected by solicitor-client privilege; and a limited number of other specified matters. Discussions or decisions that do not fall within the defined categories must be held in public. Municipalities that conduct business in closed session for matters outside the permitted categories risk having their closed session invalidated — a serious governance and legal risk. The records management implication is that organisations must be able to demonstrate that their closed sessions were conducted for appropriate reasons.

Records implications of open meeting requirements

Open meeting legislation has several direct implications for municipal records management. First, municipalities must maintain records of their public meetings — and those records should be accessible to the public, consistent with applicable access to information legislation. Second, municipalities must maintain some record of their closed sessions — both the fact that a closed session was held and what was discussed — even though the content is confidential. Third, municipalities must be able to demonstrate, if challenged, that a closed session was properly conducted for a permitted purpose. This means records of when closed sessions were held, what categories of matter were cited as grounds, and what decisions (if any) were made must be maintained and retained appropriately.

Frequently Asked Questions

Can a municipality vote on a decision in closed session?
Generally, no. Most provincial legislation requires that decisions be made by formal vote in open session, even if the discussion occurred in closed session. Rules vary by province and the nature of the matter — municipalities should confirm with their solicitor.
What happens if a municipality holds an improper closed session?
Consequences vary by province. Some provinces have an ombudsman with jurisdiction to investigate closed session complaints and publish findings. In some cases, improper closed sessions may result in decisions being invalidated. Municipalities should understand applicable enforcement mechanisms in their province.
Do advisory committee meetings have the same open meeting requirements?
Requirements vary by province and by the nature of the committee. Municipalities should confirm which of their committees and boards are subject to open meeting requirements.