Accountability and Transparency

Why are some meetings closed to the public?

Generally meetings are held in public, however, there are circumstances which may require that Council receive information or give direction in a closed meeting. 

When can a meeting be closed to the public?

Pursuant to section 239 of the Municipal Act, 2001, 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 Township or local board;
• personal matters about an identifiable individual, including Township or local board employees;
• a proposed or pending acquisition or disposition of land by the Township or local board;
• labour relations or employee negotiations;
• litigation or potential litigation, including matters before administrative tribunals, affecting the Township 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 Township 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 Township 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 Township 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 Township or local board;
• 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;
• an ongoing investigation respecting the Township, a local board or a municipally-controlled corporation by the Ombudsman appointed under the Ombudsman Act, an Ombudsman referred to in subsection 223.13 (1) of the Municipal Act, 2001, or the investigator referred to in subsection 239.2 (1) of the Municipal Act, 2001 or
• for the purpose of educating or training the members with the condition that 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.

What is a meeting investigation?

The Municipal Act, 2001 allows for any person to request that an investigation be undertaken respecting whether the Township or local board has complied with the closed meeting rules contained within section 239 of the Municipal Act, 2001 or the Township's Procedure By-law

Who is the closed meeting investigator?

The Township appointed the Local Authority Services (LAS) as the closed meeting investigator, whose function is to investigate, in an independent manner, on a complaint made whether the Township or a local board has complied with the closed meeting rules contained within section 239 of the Municipal Act, 2001 or the Township's Procedure By-law, and to report on the investigation. Local Authority Services has engaged Amberley Gavel to provide the services of closed meeting investigator.

What steps do I take if I have a concern related to a closed meeting?

• Contact the Township Clerk with your question or concern to see if it can be answered or resolved.
• If you believe that the meeting was closed to the public in a way that is not permitted by the Municipal Act, 2001 or the Township's Procedure By-law, you will be required to submit a closed meeting investigation request, in writing, to the Clerk.
• Submit your written request in a sealed envelope clearly marked "Private and Confidential" including the following information:
  • Name of the Township,
  • Your name, mailing address, telephone number and e-mail address (if applicable),
  • Date of closed meeting under consideration,
  • Nature and background of the particular occurrence,
  • Any activities undertaken (if any) to resolve the concern,
  • Any other relevant information, and
  • Your signature.
• Please mail your sealed envelope to: 
  • Township of Muskoka Lakes
  • Office of the Clerk, "Private and Confidential"
  • 1 Bailey St, P.O. Box 129
  • Port Carling, ON P0B 1J0

• There is no charge for the submission of a closed meeting investigation request.
• All requests will be treated as confidential. Requests will be forwarded directly to LAS by the Clerk.

Documents

Closed Meeting Procedure

Closed Meeting Request Process

Closed Meeting Request Form

Pursuant to section 223.2 of the Municipal Act, 2001, effective March 1, 2019, it became a mandatory requirement for a municipality to establish codes of conduct for members of council and its local boards. The Township's Policy, Code of Conduct for Members of Council and Local Boards has been updated and approved to meet the legislation. A written Code of Conduct helps to ensure that the Members of Council and Local Boards share a common understanding of what represents acceptable conduct.

The purpose and intent of the Code is to establish minimum standards of conduct for Members of Council and Members of Local Boards of the Township. The Code does not replace Council / Local Board Members' roles and responsibilities required by various statutes, by-laws and policies.

Pursuant to the Municipal Conflict of Interest Act, members of council, committees and local boards are obligated to disclose a pecuniary interest, direct or indirect, in any matter at a meeting of the council, committee or local board at which the matter is the subject of consideration. Such declarations are also recorded in the minutes of the meeting. The onus is on the member to determine whether they are affected by the pecuniary interest provisions.

Effective March 1, 2019, in addition to disclosing a pecuniary interest, all members must file a written statement of the interest and its general nature with the Clerk or the secretary of the committee or local board advising of same. 

A full explanation of the requirements can be found in the Municipal Conflict of Interest Act. The written disclosures of pecuniary interests shall be maintained in a registry that is available for public inspection. View the Conflict of Interest Registry

Access to Information

Public Records

Many Township public records are available on request or by appointment during regular office hours. Some of those records include:

• By-laws
• Agendas & Minutes
• Corporate Policies & Plans
• Corporate Financial Statements
• Approved Operating and Capital Budgets
• Applications and Forms

Routine Disclosure

The Township has a Routine Disclosure Process that allows staff to provide you with certain types of records with some limitations. If you want to know if something can be provided, contact the Clerk's Department for more information.

Freedom of Information (FOI)

In accordance with the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA), the Township of Muskoka Lakes allows any member of the public to submit a request for information for general records.

Under the MFIPPA Act

• Any member of the public may request to view or obtain copies of general records and information held by the Township,
• Individuals may request to view, copy or correct any personal information about themselves that may be held by the Township,
• The Township must protect privacy, and
• According to the Act, information may be withheld from release dependent on its limited and specific circumstances.

View your Guide to Information Access and Privacy to learn more.

How to make a Freedom of Information Request

Make a formal request to access information by completing the Information Request Form and submitting the application fee of $5.00 to: 

Freedom of Information Officer, Township of Muskoka Lakes, 1 Bailey Street, P. O. Box 129, Port Carling, Ontario, POB 1J0

You can also submit the form by email to the Freedom of Information Officer

• Freedom of Information Requests cannot be initiated without receipt of the $5.00 fee. 
• You can pay by cash, debit, or cheque made payable to the "Township of Muskoka Lakes".
• Except where an extension is necessary, all FOI Requests will be completed within 30 business days from date of receipt of payment.

Additional Information

• For more information visit the Information and Privacy Commissioner (IPC) website
• View Ontario's Municipal Freedom of Information and Protection of Privacy Act Mini Guide
• Contact the Clerks Department at 705-765-3156

Who is the Township's Integrity Commissioner?

On April 12, 2019, By-law 2019-047 was passed appointing Suzanne Craig as the Integrity Commissioner for the Township of Muskoka Lakes.

What are the functions assigned to the Integrity Commissioner?

Pursuant to section 223.3 of the Municipal Act, 2001, the Township has appointed an Integrity Commissioner who reports to council and who is responsible for performing in an independent manner the assigned functions with respect to,

1. The application of the code of conduct for members of council and the code of conduct for members of local boards.
2. The application of any procedures, rules and policies of the Township and local boards governing the ethical behaviour of members of council and of local boards.
3. The application of sections 5, 5.1 and 5.2 of the Municipal Conflict of Interest Act to members of council and of local boards.
4. Requests from members of council and of local boards for advice respecting their obligations under the code of conduct applicable to the member.
5. Requests from members of council and of local boards for advice respecting their obligations under a procedure, rule or policy of the Township or of the local board, as the case may be, governing the ethical behaviour of members.
6. Requests from members of council and of local boards for advice respecting their obligations under the Municipal Conflict of Interest Act.
7. The provision of educational information to members of council, members of local boards, the municipality and the public about the Township's codes of conduct for members of council and members of local boards and about the Municipal Conflict of Interest Act.

What is the Role of the Integrity Commissioner?

The Integrity Commissioner may investigate potential breaches of the Township's Code of Conduct for Council and Local Boards Policy and the Municipal Conflict of Interest Act, and recommend penalties to Council where they have found the Member to have contravened the Code.

The Township's Code sets out and identifies the Township's expectations for its Members and establishes rules for appropriate conduct.

Under the Code, the Integrity Commissioner has authority to determine whether or not they will investigate any complaints received. Complaints about matters that are outside their jurisdiction, are frivolous or vexatious, not made in good faith, or that the Integrity Commissioner determines has no grounds or insufficient grounds for conducting an investigation, may be dismissed.  

On conclusion of a Code complaint investigation the Integrity Commissioner will issue a report to Council on their findings, which will contain any recommended penalties, if applicable. At a public meeting Council may, where the Integrity Commissioner has determined there was a violation of the Code, impose either of the following two (2) penalties:

1. a reprimand; or
2. suspension of remuneration paid to the Member in respect of his or her services as a Member for a period of up to ninety (90) days.

On conclusion of a Municipal Conflict of Interest Act application investigation, the Integrity Commissioner may, if they consider it appropriate, apply to a Judge under the Municipal Conflict of Interest Act for a determination as to whether the member has contravened the Act.

Contact the Integrity Commissioner

• Contact the Integrity Commissioner by phone at 705-765-3156 x320 or email.

Contact a Township staff member in the appropriate department about your concern. We want to help resolve your complaint at first point of contact.

The Township Complaint Policy is intended to provide a consistent and uniform process to respond to program and service delivery concerns raised by members of the public. The policy will assist the Township in continuing to provide excellent service to the public and will contribute to the continuous improvement of operations.

To submit a formal complaint for consideration under the Township Policy, please fill out the formal complaint form.