Questions and answers following Closed Meeting Investigator’s report

A Belleville councillor wants to clarify how things work at city hall when it comes to closed and open meetings in the wake of a recent report by the city’s Closed Meeting Investigator.

Paul Carr says recent media reports on the Investigator’s report seemed to blame council for voting on a land swap involving the city and the YMCA in a closed meeting, something the Investigator believed contravened Ontario Municipal Act.

Carr also said the idea that things were being done behind closed doors came up at times during the election campaign.

“I think it needs to said that it’s not like council sits around here and decides what we’re going to do in-camera and out-of-camera.  We get our agenda a few days before the meeting.”

The Closed Meeting Investigator David Boghosian said the City breached the Ontario Municipal Act by voting on what he considered a “substantive” resolution on a land swap between
the City and the YMCA of Central-East Ontario.

Below is a description of one of two breaches according to Boghosian.

The City breached s. 239(5) of the Municipal Act, 2001 in voting, during an in
camera session held at the Council meeting held on July 14, 2025, on a
substantive matter (the authority for YMCACEO to construct its new building
on lands on Bridge Street belonging to the City rather than on the former
Fairgrounds lands) that was not merely a procedural matter or the giving of
instructions or direction to staff;

Below is the actual resolution as written and presented by city CAO Matt MacDonald.

At Item #6, titled “YMCA Centre for Life Project – Site Location Change,” the following
resolution is recorded as having been passed:
That pursuant to the Chief Administrative Officer’s Report No. CAO-2025-04
YMCA Centre for Life Project – Site Location Change, Council direct staff to take
the necessary steps required to transition the YMCA project to the alternative site

Councillor Carr asked MacDonald what he thought the intent of his motion was and below is MacDonald’s reply.

“The intent of that resolution is literally to give direction to staff, to take action so how the intent of the Closed Meeting Investigator is difficult for me to interpret.
I never spoke to the Closed Meeting Investigator related to this file.  It is consistent with direction previously sought and so more direction to staff to proceed with
that file, than more substantive.  And so I have a different interpretation than the closed meeting investigator.”

Below is the Closed Meeting Investigator’s opinion on the resolution presented to council in closed session July 14 2025.

On its face, the resolution gives direction to staff, and as such, is compliant with the s.
239(6)(b) exception to the general prohibition against voting on matters in closed session. In my
opinion, however, embedded in the resolution is a tacit, substantive decision that goes beyond the
giving of directions to staff – giving the YMCACEO the alternative site, being the Bridge Street
lands, to develop. This is based on Clerk Irwin’s confirmation that Council had not previously
decided to permit the YMCACEO to develop the Bridge Street lands owned by the City, meaning
that the in camera resolution on July 14, 2025 was the first time it effectively did so

The Ontario Municipal Act states that directions to staff or discussion on procedural matters can be held in closed meetings.

However votes on “substantive” matters (final decisions on land purchases/swaps or major policies must be done in open meetings.

The Investigator said the City also committed these breaches of the Act as seen below.

2. The City breached s. 239(4) of the Act session in both the June 23 and July 14,
2025 Council meetings in failing to set out in the resolution authorizing the in
camera session the general nature of the matter to be considered during the
closed session;
3. The City breached s. 239(7) of the Act in both the June 23 and July 14, 2025
Council meetings in failing to set out in the Minutes of the public session all
resolutions, decisions and other proceedings passed or discussed during the
closed session of that meeting.

Belleville City Clerk Doug Irwin provided the below response to the Investigator’s report.

At the June 23 and July 14, 2025 Council meetings, the City followed its closed session
practices in place at that time.
Following receipt of Closed Meeting Investigator Report CMI-2026-01 in June 2026, the
City implemented all recommendations of the Closed Meeting Investigator and updated its
practices relating to Closed Session meetings.
The lands on Bridge Street West will be declared surplus to the needs of the municipality
in an Open Session Council meeting.
After the lands are declared surplus, an updated draft by-law authorizing the sale of the
land will be brought forward for Council’s consideration

Following the acceptance of the Closed Meeting Investigator’s report by council Monday it passed a resolution
declaring the city’s Bridge Street West property (Centennial Park) as surplus to the city’s needs.

The resolution also stated the property would be conveyed to the YMCA of Central-East Ontario upon completion
of the public notice requirements.

The land swap became necessary when the original site for the new YMCA Centre for Life, the former fairgrounds,
was found to be contaminated.

The City moved quickly to allow construction on the Centennial Park property through a building permit and an indemnification
agreement with the “Y”.

Had the move not been made quickly the YMCA could have lost millions of dollars in senior government funding for the project.