Manual
Draft By-Laws, Records of Closed Meetings s.6
MFIPPA
This section contains the following topics:
Summary
Draft By-laws
Closed Meetings
Summary
Section 6 of the Municipal Freedom of Information and Protection of
Privacy Act (MFIPPA) is a discretionary exemption. There is no comparable
section in Freedom of Information and Protection of Privacy Act (FIPPA).
It is intended to protect the free discussion of sensitive subjects where
legislation allows a municipality or local board to discuss those subjects
in camera. This exemption cannot be relied on if the records are over 20
years old.
The compelling public interest override in s.16
does not apply to this exemption.
Draft By-laws
s.6(1)(a)
This exemption permits the head to deny access to a draft by-law or
private bill, unless the draft has been considered in an open meeting. The
term "considered" involves examination or deliberation. Only the
draft by-law itself would be exempt as this provision does not exempt from
disclosure records that would reveal the contents of drafts.
For example:
Disclosing background records used in preparing the draft by-law may allow
an accurate inference to be drawn about the nature of the draft by-law but
this exemption can not be applied to prevent their release.
Closed Meetings
s.6(1)(b)
This subsection permits the head to prevent disclosure of a record
which reveals the substance of deliberations of a closed meeting of a
council, board, commission or other body or a committee of one of them. In
order to qualify for this exemption, the institution must establish:
1) that a meeting was held in the absence of the public, and
2) that a statute authorizes the holding of the meeting in the absence
of the public, and
3) that disclosing the record would reveal the actual substance of
deliberations of the meeting.
The term "substance of deliberations" has been interpreted to
mean the theme or subject matter that has been considered through
discussion. If the subject matter of the deliberations is later considered
in an open meeting, this exemption no longer applies to the record.
However, a distinction has to be made between the results of the
deliberations and the subject matter. A mere disclosure or reporting of a
decision made at an in-camera meeting cannot be characterized as a
"consideration" of the subject matter of the in-camera
deliberations. As well, a discussion of the product or results of
deliberations does not necessarily reveal details about subject matter
discussed in-camera.
For example:
A consolidated budget which was deliberated in an in-camera meeting was
formally adopted at a public meeting. Because the line items of that
budget were not discussed at the public meeting, their substance would not
have been revealed.
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