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HomeMy WebLinkAboutCD-69-86 TOWN OF NEWCASTLE REPORT File Res. C P_IT ¢ By-Law # MEETING: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: JANUARY 5, 1987 REPORT #: CD-69-86 FILE #: 35.31.5. SMECT: REVIEW OF BILL 16 - AN ACT TO AMEND THE MUNICIPAL ACT, R.S.O. 1980, C. 302. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Clerk's Report CD-69-86 be received; and 2. That Mr. Mike Breaugh, M.P.P. , Oshawa, and the Ministry of Municipal Affairs be advised that the Council of the Town of Newcastle does not support Bill 16 in its present form; and 3. That a copy of Report CD-69-86 be forwarded to the Ministry of Municipal Affairs and Mr. Mike Breaugh, M.P.P. , for their information. BACKGROUND: Council, at the meeting of November 24th 1986, received a letter from Mr. Mike Breaugh, M.P.P. , Oshawa, and a copy of Bill 16, and directed that the subject correspondence be "referred to the Clerk for review and a report to the General Purpose and Administration Committee." Continued .. . . ./2 Report CD-69-86 - 2 - January 5, 1987 Bill 16 is an Act to Amend the Municipal Act, R.S.O. 1980, C. 302. This private members bill is intended to amend the Act to allow for public attendance at committee meetings of municipal councils, or local boards, and for prior notice to the public of the time, place of the meeting and the items to be discussed. There is also a provision to provide for the inspection by the public of various records, subject to specific exceptions related to matters of confidentiality. For review purposes, I have endeavoured to look at each section and measure its impact generally as well as its impact upon the Town of Newcastle. Current legislation and sections of other Acts are referred to in Bill 16, and to assist Members of Committee, I have provided extracts of the relevant sections in this report where appropriate. The concluding comments are my opinion of the direct impact that Bill 16 if enacted in its present form would have upon the municipality. Section 55 of the Municipal Act presently provides: (1) The meetings, except meetings of Committee including a Committee of the Whole, of every Council and of every local Open board as defined in the Municipal Affairs Act, except boards Meetings of commissions of Police and school boards, shall be open to the public, and no person shall be excluded therefrom except for improper conduct. Exclusion of (2) The head or other presiding officer may expel or exclude from Certain any meeting any person who has been guilty of improper _ Persons conduct at the meeting. The Municipal Affairs Act defines a local board as meaning a school Definition board, public library board, board of parks management, local board of a Local of health, board of commissioners of police, planning board, or any Board other board, commission, committee, body or local authority established referred to or exercising any power or authority under any general or special Act in 55(1) with respect to any of the affairs or purposes, including school purposes, of a municipality or of two or more municipalities or parts thereof. Continued .. . . ./3 Report CD-69-86 - 3 - January 5, 1987 vi Wa) Bill 16 proposes the repeal of both sections 55(1 ) , 55(2) and 78(1 ) and the enacting of new subsections. (1 ) The meetings of every Council and of every local board as New defined in the Municipal Affairs Act and of every Committee of Council and every local board shall be open to the public and no person shall be excluded therefrom except for improper conduct. (2) The Head or other presiding officer may expel or exclude from a New meeting any person who has been guilty of improper conduct at the meeting . (3) Notice of a meeting mentioned in subsection (1) shall be New published not less than three (3) days before the date of the meeting and the notice shall contain; (a) the time and place of the meeting; (b) a statement that the meeting is open to the public; (c) a list of items to be discussed; and (d) if appropriate, a statement that copies of any report to be discussed at the meeting are available for inspection by the public. (4) If a report is prepared in connection with a matter to be New discussed at a meeting for which notice is required under subsection (3) , the Clerk or other person who has possession of or control over the report shall ensure, subject to subsection 780b) , that copies of the report are available for inspection by the public at least three (3) days before the date of the meeting. (5) Subsection (1 ) and (3) do not apply to a special meeting New summoned under subsection 57(2) . (6) On the authority of a majority of the members present expressed New by resolution in writing, a meeting mentioned in subsection (1 ) may be closed if and for so long as it relates to a matter mentioned in subsection 780b) . Continued . . . . ./4 Report CD-69-86 - 4 - January 5, 1987 "The Head of the Council may at any time summon a special meeting, Subsection and upon receipt of the petition of the majority of the members of 57(2) the Council, the Clerk shall summon a special meeting for the purpose and at the time mentioned in the petition." (The Town's Procedural By-law contains this provision (57(2) . Section 78(1) of the Municipal Act provides as follows: Inspection Except as otherwise provided in any Act, any person at all of records, reasonable hours may inspect any records, books, accounts and books, etc. documents in the possession or under the control of the Clerk in possession except inter-departmental correspondence and reports of officials of the Clerk of any department or of solicitors for the corporation made to Council, board of control or any committee of Council, and the Clerk within a reasonable time shall furnish copies of them or extracts therefrom certified under his hand to any applicant on payment at the rate of 10 cents for every 100 words or such other rate as the Council may fix. COMMENTS WITH RESPECT TO THE PROPOSED AMENDMENTS Re-enacts the original subsection but removes the opportunity to New 55(1) hold closed meetings permitted under section 55(1 ) . Re-enacts the original subsection but substitutes the phase New 55(2) "exclude from a meeting any person" for the original wording "any meeting any person." These new subsections really could cause problems since they involve New (3) & (4) the timing, reproduction and publication of the materials to be considered. The contents of the agenda are not known until the Thursday preceeding the meeting. Publication suggested by Mr. Breaugh means "post in a public place" ; it does not, however, provide for options and accordingly, publication means "publish in a newspaper having a general circulation in the municipality." In Newcastle, the newspapers publish on Wednesdays and, in that regard we could not comply with the proposed legislation without delaying the meeting by at least a week. This would impede the delivery of service, not improve it. Continued . . . . ./5 I Report CD-69-86 - 5 - January 5, 1987 V � � Further, special meetings of committee could not be called without publication of the holding of the meeting. Finally, in its present form, subsection (3) of Bill 16 could preclude the consideration of "extra" items and failure to comply with the requirements of section 55 could result in the decisions of Council or committee being challenged and declared invalid on the basis of non-compliance with the Act. New (5) (5) Could be supported: deals with special meetings of Council. New (6) (6)� Coulid .bq,supp'orted: deals with the closing of a meeting when appropriate to deal with matters of confidentiality. Bill 16 also proposes the repeal of section78(1) and the substitution of an amendment which would provide as follows: New (1 ) For the purposes of this section, "record" means any record of information however recorded, whether in printed form, on film, by electronic means or otherwise. New (1a) Except as otherwise provided in any Act, and subject to subsection (1b) , a person may inspect, at all reasonable hours: (a) any records in the possession or under the control of the Clerk; and (b) any records respecting meetings of local boards and committees of local boards, and, within a reasonable time, the Clerk or other person who has possession of or control over the records shall furnish copies of them or extracts from them to any applicant on payment of the rate fixed by Council for copies. New (1b) Subsection (1a) does not apply to a record that, (a) concerns negotiations for the purpose of lands, goods or services; (b) contains financial , commercial, scientific or technical information relating to a person, the disclosure of which could reasonably be expected to prejudice the economic interests or the competitive position of that person; Continued . . . . ./6 Report CD-69-86 - 6 - January 5, 1987 (c) contains information with respect to proposed plans, policies or projects whose premature disclosure could reasonably be expected to result in undue financial benefit or loss to a person; (d) is a report of solicitors for the Council made to Council or any of its committees; (e) concerns negotiations with trade unions; (f) relates to the management of personnel ; or (:g). . contains personal information. New (1c) The Clerk shall ensure that a statement of the public's right to inspect and copy records under this section. (a) is included with the financial information provided in accordance with subsection 85(1 ) ; and (b) is posted in the municipal office and one other prominent place in the municipality. COMMENTS WITH RESPECT TO THE PROPOSED AMENDMENTS TO SECTION 78(1) New (1 ) Could be supported: merely defines the term "record." New (11a) Could be supported: deals with the inspection of records at reasonable hours. New (a) NOT SUPPORTED: refers to records in the possession of or under the control of the Clerk of whatever kind except those exempted under subsection 78(b) . The authority is too broad and general. Notes to file, inter-departmental requests for information etc. , would be open to scrutiny. New (b) NOT SUPPORTED: while there is limited impact on municipal activities, nevertheless, the same concerns raised in the preceding comment on (a) apply here. New (1b) Could be supported: provides that certain documents are exempt and not subject to public access. However, the majority of the material in all files would have to be made available to the public. Continued . . . . ./7 Report CD-69-86 - 7 - January 5, 1987_" New (1c) Could be Supported: provides for the inclusion of a notice in the annual statement that the records are open to inspection by the public. While Bill 16 purports to open up the meeting process and provide access to the public to the records of the municipality and any other boards and committees, I would recommend that the Bill not be supported in its present form because it creates a greater number of problems than it solves. Problem areas within Bill 16 as they relate to Newcastle in particular. 1 . The requirement that agendas be published "three (3) days" in advance of the meeting requires clarification and definition: i.e. three "clear" days excluding Saturday and Sunday, what about Stat. Holidays? 2. Committees could not call special meetings at short notice. 3. Committees would be unable to deal with matters not listed on the published agenda. 4. For Newcastle, publication would be a problem given that the Town's served by four (4) area newspapers. Cost of publication would be extremely high. 5. Any matter not listed on the published agenda that was dealt with could result in the decisions being challenged and declared invalid. 6. Agenda preparation in Newcastle would be delayed if publication in a newspaper was required. The delay in preparation would be at least a week because newspapers in Newcastle only publish on Wednesdays. 7. Council meetings would become cumbersome because this forum would have to be used to deal with those emergency issues or extras that could not be dealt with at Committee. 8. All municipal documents/files would be open to the public, and all documents of whatever class or kind except those areas exempted by subsection 78( 1b) would become public information. Continued . . .. ./8 Report CD-69-86 - 8 - January 5, 1987 V/ l My concluding comment is, that while Bill 16 has merit, the Bill requires a great deal more work if it is to streamline the work of Councils and accordingly, I would recommend that Bill 16 not be supported in its present form. Respectfully submitted, Recommended for presentation to the Committee David W. Oakes, B.A. ,A.M.C.T. ,C.M.O. — wrence o seff, M.C.I.P. Town Clerk Chief Ad 'n s ative Officer DWO/ms Attachments liovernber 27, -eIr. Mike.. Breaugh, Oshawa, i,'unicipal Affairs Critic, ,�- Dernocratic Party, Rw oom `350, Legislative Building, een s Park. 10RONT0, 7A Dear Sir: Re: Bill 16 An Act to Apiiend the Municipal Act. Ear File: 35.31 -9 At a regular ri-eeiftigag of Council held Monday, Noverilber 2--L, 1986. following resolution was passed: "That the communication dated November Ist 1985, from Mr. Mirke, 5reauqh, '-.P.P. , Oshawa, Room 350, Legislative Building, Queen's Park, ioronto, 11,17A IIA21-, requesting thiaZ Council review and comment on the contents of Bilf 16, being an JI`Ct to Am-end the Nlunici-ual Act, be received; I And that the correspondence be referred to the Clerk for review and a report on its imiplications to the General Purpose and Administration got, nittee; And further that 11r. Mike Sreaugh, M.P.P. , be advised of Council 's' decision. Yours truly, Rosemary Rutledge, 11,.T.I.111'.T. , Deputy Clerk. Larry E. Kotseff, M.C.I.P., Chief Administrttive Officer David W. Oakes, B.A., A.M.C.T., C. .D., Tcwn Clark November 24, 1985 Mr. A. Breaugh, M.P.P. Bill 16 - An Act to. Amend The Municipal Act. Our File: 35332.5. ------------------------------------------------------------------ Attached is a very preliminary review of the proposed amendments and their impact upon 1.he Town of Newcastle. I would appreciate your Comments, as i have suggested the miatter be referred to the Clerk for review and a repert to the General Purpose and A dm 4 Lnistration Committee. Mem t i t h b B1 - a a "Trvae ers 4 1 151 Past experience suggests that Which proposes amendments to eXisting legislation dies on the Order Paper. - However, the contents in a revised form could CoMe forward in a year or so, as a "Governiment Bill." In any event, we should be prepared 1.-o rz---sT)on.,-' to this or any subsequent draft legislation. I have discussed the matter with one of the area Cleriks and have suggested that 'we ineet to r'eview our individual concerns and formulate a position which reflects those concerns. DWOlms Attachment. C000uD1Cat1OD3 Direction D - 2 V1 /- (Q ) lJ `- �- dntario | LEGISLATIVE ASSEMBLY — - - Ccv°o` �'^^�c 0,J RO00 �5� Legislative Building OU88D's Park J � ` TOrOOt0,0Dtdri0 M7A 1A2 � November 1,1985 ' `—' Dear Members of Council : Bill 16 has now received second reading approval in principle by the Ontario Legis].ature. The next stage is t0 provide an opportunity for the public to offer opinions OD the Bill which would assist in clause by clause debate in committee and Offer amendments or regulations to implement the principle of the 8ill . It may be useful to carefully define the use of the word 'publication' t0 clarify that it means post in d public place such as the Clerk's office - although a council may Ch0USe t0 occasionally publicize in newspapers or Other — appropriate ways. The Ministry might also d5SiSt with information pamphlets Or posters. Your comments On these and Other ramifications would be helpful . This Bill is not a gOVerD02Ot bill as yet. It is still s-ponsored by ' me as a private member and it is not possible to give a definite date for public bearings or Clause by clause consideration. Hopefully we will proceed with it by the end of this session. In any event it would be useful to have your comments on improvement and clarification on the principles enunciated in Bill 10, '" M1 r�dU�h, �PP - o awa /] 1 ( M nicipal Affairs Critic ,y[ � � �. New Democratic Party �� MJB/lp l I CIq J Bill 16 Private Member's Bill _ND SESSION. 33RD LEGISLATURE, ONTARIO 35 ELIZABETH 1I, 1986 Bill 16 An Act to amend the Municipal Act Mr. Breaugh HER MAJESTY, by and with the advice and consent of the (a) any records in the possession or under the control Legislative Assembly of the Province of Ontario, enacts as of the clerk;and follows: (b) any records respecting meetings of local boards and 1. Section 55 of the Municipal Act,being chapter 302 of the committees of local boards, Revised Statutes of Ontario. 1980,is repealed and the following substituted therefor: and, within a reasonable time, the clerk or other person who has possession of or control over the records shall furnish 55.—(1) The meetings of every council and of every local Open copies of them or extracts from them to any applicant on pay- board as defined by the Municipal Affairs Act and of every R.S.O. 1980. ment of the rate fixed by council for copies. ommittee of every council and every local board shall be c.303 open to the public and no person shall be excluded therefrom (1 b) Subsection(la)does not apply to a record that, Exempnot` / from public except for improper conduct. inspection (a) concerns negotiations for the purchase of land, (2) The head or other presiding officer may expel or Exclusion goods or services; exclude from a meeting any person who has been guilty of persons n improper conduct at the meeting. (b) contains financial, commercial. scientific or techni- cal information relating to a person, the disclosure (3) Notice of a meeting mentioned in subsection (1) shall publication of which could reasonably be expected to prejudice be published not less than three days before the date of the °f attend the economic interests or the competitive position P Y to ancnd p p meeting and the notice shall contain, meetings of that person; (a) the time and place of the meeting; (c) contains information with respect to proposed plans, policies or projects whose premature disclo- (b) a statement that the meeting is open to the public; sure could reasonably be expected to result in undue financial benefit or loss to a person; (c) a list of the items to be discussed;and (d) is a report of solicitors for the council made to (d) if appropriate,a statement that copies of any report council or any of its committees; to be discussed at the meeting are available for inspection by the public. (e) concerns negotiations with trade unions; (4) If a report is prepared in connection with a matter to be Reports to discussed at a meeting r which notice is required under sub- be available (f) relates to the management of personnel;or b' 9 prior to yl section(3),the clerk or other person who has possession of or meeting control over the report shall ensure, subject to subsection (g) contains personal information. 78 (lb), that copies of the report are available for inspection by the public at least three days before the date of the (]c) The clerk shall ensure that a statement of the public's Publication regret to meeting. right to inspect and copy records under this section, inspection (5) Subsections (1) and (3) do not apply to a special meet- special (a) is included with the financial information provided meetings in accordance with subsection 85(1);and in&summoned under subsection 57(2). excepted (b) On the authority of a majority of the members present, closed (b) is posted in the municipal office and one other expressed by resolution in writing, a meeting mentioned in meeungs prominent place in the municipality. subsection (1) may be closed if and for so long as it relates to Id Subsections la a matter mentioned in subsection 78(1b). ( ) ( ). (lb) and (1c) apply with necessary Application modifications to every regional municipality,The Municipality sub ecuons 2. Subsection 78 (1)of the said Act is repealed and the fol- of Metropolitan Toronto, the District Municipality of 0a).(lb) Muskoka and the Count of Oxford. and lowing substituted therefor: y fd f lei (1) For the purposes of this section, "record" means any ,if"eco d" 3. This Act comes into force on the day it receives Royal commence record of information however recorded, whether in printed Assent. men( form,on film.by electronic means or otherwise. (la) Except as otherwise provided in any Act. and subject inspection 4. The short title of this Act is the Municipal Amendment snore title to subsection (Ib). a person may inspect, at all reasonable Act, 1986. hours. T,4 /4lunr,CIOA4. Acr 0. 1960 Sc=CT/,D n/ 5-5 Sc G T/O N -78 - + C�J The meetings, except meetings of' a committee including a committee of the whole, of even' council and k of every local board as defined by the Mimicip(il Affrfirs Ad, except boards of commissioners of police and school boards, shall be open to the public, and no person shall be excluded therefrom except for improper conduct. R.S.O. 1970, c. 284, s. 190 (1); 1972, c. 1, s. 104 (6). - cert fin of fcertain (2) The head or other presiding officer may expel or persons exclude from any meeting any person who has been guilty of improper conduct at the meeting. R.S.O. 1970, c. 284, s. 190 (2). 78.—{1) Except as otherwise provided in any Act, IneDection of records, any person, at all reasonable hours, may inspect any records, books,etc.. books, 'accounts and documents in the possession or under ofc erkesion the control of the clerk, except inter-departmental corres- pondence and reports of officials of any department or of solicitors for the corporation made to council, board of control or any committee of council, and the clerk within a reasonable time shall furnish copies of them or extracts therefrom certified under his hand to any applicant on payment at the rate of 10 cents for every 100 words or such other rate ab the council may fix. Communications Direction D - 2 v � � 1 Ontario LEGISLATIVE ASSEMBLY ---------------------------- ----------------------------- C'dtit 0 -J Room 350 Legislative Building Queen's Park Toronto,Ontario e mac`IC M7A lA2 November 1,1986. - -= Nov ~ S80 Dear Members of Council : Bill 16 has now received second reading approval in principle by the Ontario Legislature. The next stage is to provide an opportunity for the public to offer opinions on the Bill which would assist in clause by clause debate in committee and offer amendments or regulations to implement the principle of the Bill . It may be useful to carefully define the use of the word 'publication' to clarify that it means post in a public place such as the Clerk's office although a council may choose to occasionally publicize in newspapers or other appropriate ways. The Ministry might also assist with information pamphlets or posters. Your comments on these and other ramifications would be helpful . This Bill is not a government bill as yet. It is still sponsored by me as a private member and it is not possible to give a definite date for public hearings or clause by clause consideration. Hopefully we will proceed with it by the end of this session. In any event it would be useful to have your comments on improvement and clarification on the principles enunciated in Bill 16. Yo s ru Mi Breaugh, MPP 0 awa y M nicipal Affairs Critic ✓� n New Democratic Party Cs MJB/lp opseu:593 Bill 16 Private Member's Bill 2ND SESSION,33RD LEGISLATURE. ONTARIO 35 ELIZABETH 11, 1986 Bill 16 An Act to amend the Municipal Act Mr. Breaugh HER MAJESTY, by and with the advice and consent of the (a) any records in the possession or under the control Legislative Assembly of the Province of Ontario, enacts as of the clerk;and follows: (b) any records respecting meetings of local boards and 1. Section 55 of the Municipal Act,being chapter 302 of the committees of local boards, Revised Statutes of Ontario, 1980,is repealed and the following substituted therefor: and, within a reasonable time, the clerk or other person who has possession of or control over the records shall furnish 55.—(1) The meetings of every council and of every local open copies of them or extracts from them to any applicant on pay- board as defined by the Municipal Affairs Act and of every R.S.O. 1980, meat of the rate fixed by council for copies. committee of every council and every local board shall be c.303 open to the public and no person shall be excluded therefrom (1 b) Subsection(1 a)does not apply to a record that, Exemption:— from public except for improper conduct. inspection (a) concerns negotiations for the purchase of land, (2) The head or other presiding officer may expel or of certain goods or services; exclude from a meeting any person who has been guilty of persons improper conduct at the meeting. (b) contains financial, commercial, scientific or techni- cal information relating to a person, the disclosure (3) Notice of a meeting mentioned in subsection (1) shall Publication of which could reasonably be expected to prejudice right be published not less than three days before the date of the too attend the economic interests or the competitive position meeting and the notice shall contain, meetings of that person; (a) the time and place of the meeting; (c) contains information with respect to proposed plans, policies or projects whose premature disclo- (b) a statement that the meeting is open to the public; sure could reasonably be expected to result in undue financial benefit or loss to a person; (c) a list of the items to be discussed;and (d) is a report of solicitors for the council made to (d) if appropriate,a statement that copies of any report council or any of its committees; to be discussed at the meeting are available for inspection by the public. (e) concerns negotiations with trade unions; (4) If a report is prepared in connection with a matter to be Reports to discussed at a meeting for which notice is required under sub- Prior toable (f) relates to the management of personnel;or section(3),the clerk or other person who has possession of or meeting _ control over the report shall ensure, subject to subsection (g) contains personal information. 78 (lb), that copies of the report are available for inspection (ic) The clerk shall ensure that a statement of the public's Publication by the public at least three days before the date of the of right to meeting. right to inspect and copy records under this section, inspection (5) Subsections (1) and (3) do not apply to a special meet- special (a) is included with the financial information provided meetings in accordance with subsection 85(1);and ing summoned under subsection 57(2). excepted (6) On the authority of a majority of the members present, Closed (b) is posted in the municipal office and one other expressed by resolution in writing, a meeting mentioned in meetings prominent place in the municipality. subsection (1) may be closed if and for so long as it relates to (Id) Subsections (la), (lb) and (lc) apply with necessary Application a matter mentioned in subsection 78(lb). modifications to every regional municipality,The Municipality subsections 2. Subsection 78(1)of the said Act is repealed and the fol- of Metropolitan Toronto, the District Municipality of and (I b) lowing substituted therefor: Muskoka and the County of Oxford. (I c) (1) For the purposes of this section, "record" means any of-record" 3. This Act comes into force on the day it receives Royal commence- record of information however recorded, whether in printed Assent. ment form,on film,by electronic means or otherwise. (la) Except as otherwise provided in any Act, and subject Inspection 4. The short title of this Act is the Municipal Amendment short title to subsection (lb), a person may inspect, at all reasonable Act, 1986. hours, Sc:.CT/�of SS � s"c c.T'�C�✓ '�� --(j� 5:50 —0) The meetings, except meetings of a committee R.»ccun�s P including a committee of the whole, of every council and ;,�; "' of every local board as defined by the Municipal Affairs Act, except boards of commissioners of police and school boards, shall be open to the public, and no person shall be excluded therefrom except for improper conduct. R.S.O. 1970, c. 284, s. 190 (1); 1972, c. 1, s. 104 (6). Exclusion of certain (2) The head or other presiding officer may expel or persons exclude from any meeting any person who has been guilty of improper conduct at the meeting. R_S.O. 1970, c. 284, s. 190 (2). 78.—(1) Except as otherwise provided in any Act, o reec as any person, at all reasonable hours, may inspect any records, books,etc., books, accounts and documents in the possession or under of c erkssion the control of the clerk, except inter-departmental corres- pondence and reports of officials of any department or of solicitors for the corporation made to council, board of control or any committee of council, and the clerk within a reasonable time shall furnish copies of them or extracts therefrom certified under his hand to any applicant on payment at the rate of 10 cents for every 100 words or such other rate as the council may fix.