11/22/2016 (3) I it
CITY OF! CANADA
NIACAARAFA _--_
The City of Niagara Falls, Ontario
Resolution
November 22, 2016
No. 34
Moved by: Councillor Pietrangelo
Seconded by: Councillor Thomson
WHEREAS sections 239(2), (3), and (3.1) of the Municipal Act outline the permissive
and mandatory grounds for a municipal council to close a meeting to the public; and
WHEREAS the Ombudsman's office report to Niagara Falls City Council, dated
November 3, 2016 indicates that closing a meeting to the public regarding acquisition or
disposition of City lands should only be done with a view to protecting the city's
bargaining position in property negotiations; and
WHEREAS the exceptions to the open meeting provisions do not currently allow a
municipality to proceed In Camera for the purpose of protecting its competitive interest
or sensitive business information; and
WHEREAS many municipalities enter into public/private partnerships with third parties,
who regularly protect sensitive commercial and business information that may hinder
their competitive position if broadcast to the general public; and
WHEREAS the Municipal Freedom of Information and Protection of Privacy Act is a
piece of legislation within the municipal realm that protects the disclosure of commercial
and financial information supplied in confidence would significantly prejudice an
organization's competitive position; and
WHEREAS municipalities should have some mechanism to protect their competitive
position, not just in relation to land acquisition or disposition.
THEREFORE BE IT RESOLVED THAT in light of the on-going review of the Municipal
Act, the Ministry of Municipal Affairs be petitioned to allow one of the permissive
grounds, for the closed meeting exceptions, to be the protection of the municipality's
competitive interest or sensitive business information.
Carried Unanimously
AND The Seal of the Corporation be hereto affixed.
—7.
2EAUI1VN IOR I JAMES M. DIODATI
CITY CLE K MAYOR