Ontario — Open Meetings & Public Notice Law

Sunshine Score

26/100

Weak

Methodology v0.1

Advance Notice	1 day
Public Comment	Not required
Closed Sessions	14 permitted categories
Minutes	Required
Recording	Not required
Remote Participation	Allowed
Enforcement	Voidable, legislature exempt

How is this score calculated? →

Agenda & Notice Requirements

Regular Meetings

1 day

Online posting: Not required

Notice requirements are set by each municipality's procedure by-law under s. 238(2). The Act requires the procedure by-law to provide for public notice of meetings but does not prescribe a minimum notice period. s. 240.1 (added by Bill 68, 2017) requires that if a municipality has a website, agendas must be posted on that website before the meeting to the extent practicable.

Public Participation

Public Comment

Not required

Written Comment

Not allowed

The Act does not mandate public comment periods at council meetings. Municipalities may provide for public participation in their procedure by-laws.

Virtual Meetings

Member Remote Participation

Allowed

Counts Toward Quorum

Yes

Public Remote Comment

Not allowed

s. 238(3.1)–(3.3): a municipality's procedure by-law may authorize members to participate electronically in both open and closed meetings. Members participating electronically may be counted for quorum purposes if the procedure by-law so provides. The provisions are permissive — municipalities must opt in by amending their procedure by-law.

Closed Sessions

Closed (executive) sessions: Allowed under specific circumstances

Permitted Categories

Meeting Minutes

Minutes Required

Yes

Online posting: Not required

Content requirements: s. 239(7): the clerk shall record without note or comment all resolutions, decisions and other proceedings at a meeting, whether open or closed. s. 239.2: before closing a meeting, the body must state by resolution the fact of the closed meeting and the general nature of the subject matter.

Recording & Broadcast

Recording Required

No

Broadcast Required

No

Enforcement

Violation Effect

Voidable

Standing to Sue

Any person may request a meeting investigation (s. 239.1). Any person may apply to court for judicial review of a by-law passed in violation of s. 239.

Enforcement Body

Ontario Ombudsman (default) or a meeting investigator appointed by the municipality. Any person may request a closed-meeting investigation under s. 239.1. Recommendations are non-binding.

Scope

This law applies to:

Legislature: Exempt (follows own rules)

Sources & References

Notes

Notice requirements are set entirely by each municipality's procedure by-law (s. 238); the Act prescribes no minimum statutory notice period for regular or special meetings. No monetary penalties for open-meeting violations; sole enforcement is Ombudsman/investigator with non-binding recommendations. Decisions in improperly closed meetings are voidable. The 'education or training' closed session category (s. 239(3.1)) was added by Bill 68 (2017). Also applies to City of Toronto Act, 2006 (parallel provisions).