Closed Meetings -A Wish for the New Year

It is the end of the year. A time to reflect on the past year and make wishes for the new year.

Town Council was busy in 2025 with such things as a new Official Community Plan and the purchase of a golf course. My reflection on the past year: Much of the business was conducted by Council behind closed doors. In 2025, Council held 26 meetings that were open to the public, one of which was merely to reschedule a meeting to a later date. During the same period there were 22 closed meetings, from which the public was excluded. My wish for 2026: That Council reduce the number of closed meetings that it holds, carries out more business in open meetings and provides better disclosure of those matters that are held behind closed doors.

How can there be so many closed meetings and what goes on in them? The Community Charter permits meetings to be closed for certain matters. Some of these include matters where personal information about an individual is discussed, labour relations and discussions respecting municipal objectives. This is easily understood and should not pose a problem for Council in determining that a meeting should be behind closed doors. Other matters are not as easily determined. For example, the acquisition/disposition of land or negotiations for the proposed provision of a municipal service do not, on their own, meet the criteria under the Community Charter for a closed meeting. They require the further criteria that there be harm to the municipality if the matter was heard in an open meeting.

While some information from closed meetings must remain confidential, Council does, at times, release certain information. It is only from these releases that we have any idea of the business discussed by Council in its closed meetings. However, the manner in which the information is released leaves much to be desired. When the information is released, all that is provided is the wording of the motion passed by council at the closed meeting and, only recently, the date of the closed meeting at which the motion was passed. As an example, from the July 9, 2025 meeting: "That the Town proceed with scenario 3 repayment schedule with the Qualicum Beach Memorial Golf Course". No further details or background information is provided to give context, nor is the section of the Community Charter on which Council relied upon for discussing the matter in a closed meeting, provided. As a result, it is difficult to understand the actual business conducted by Council and, more importantly, whether the matter was one which was properly the subject of a closed meeting. Given the lack of background information, the public is no further ahead with the release than if it had not been made at all. If this is transparency, why bother?

Another disclosure, also made at the July 9, 2025 meeting is illustrative: "That Council discontinue providing the cardboard bin service located on Berwick Road South...". At the December 17, 2025 Town Hall Meeting, I asked Council why this matter was discussed in a closed meeting. The response was that it dealt with the provision of a service and, as such, was permitted by the Community Charter. I attempted to point out that the section of the Community Charter dealing with the provision of municipal services requires that the disclosure of the information must be reasonably expected to harm the interests of the Town. I did not get a chance to explain the further criteria of that particular section of the Community Charter, namely that it is with respect to discussions or negotiations that are in their preliminary stage relating to the proposed provision of municipal services. This could hardly be the situation for the removal of the bin.

The disclosure of a motion from another closed meeting (the date was not provided when the release was made) leads one to question why certain matters are the subject of closed meetings: "That Council authorizes the Chamber of Commerce to locate the 5' x 8' visitor kiosk in Clocktower Square until the end of September 2024". As mentioned earlier, the reference to the Community Charter provision and some background information would be helpful in determining the basis for the closed meeting. However, in the case of the little kiosk, I am not so certain. How a discussion on the location of the kiosk fits within section 90 of the Community Charter, and is properly the subject of a closed meeting, is beyond me.

A good question to ask is how does something end up being discussed behind closed doors. I recall at a past council meeting where it was explained that matters dealing with land, labour and law were to be discussed in closed meetings. This is only partially correct. While these may be the subject matter of a closed meeting, they are not the criteria. The criteria for a matter to be discussed in a closed meeting is set out in section 90 of the Community Charter and must be followed to ensure open and transparent government.

In discussing closed meetings, the British Columbia Ombudsperson stated that "it is not sufficient that a matter to be discussed is covered by one of the paragraphs of subsection 90(1). That is only the starting point in the decision making process. Once satisfied that the requirements of one or more of the paragraphs in subsection 90(1) are met and a closed meeting may be held, council must then consider whether the meeting should be closed. Generally, it will be appropriate to close a meeting where a discussion of a subject in an open meeting raises a reasonable and identifiable possibility of damage to the interests of the local government, the public, or a third party. This approach is consistent not only with legislation but underlying principles of openness and transparency...".

And, as we end 2025, I repeat my wish that Council reduce the number of closed meetings that it holds, carries out more business in open meetings and provides better disclosure of those matters that are held behind closed doors.

Jim Noel

December 22 2025

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