Rules for Going In Camera Policy

POLICY PURPOSE

The Hamilton Public Library Board is governed under provincial legislation, namely the Public Libraries Act (PLA). The legislation outlines specific reasons the Library Board may go in camera to protect the Library’s interests and legal responsibilities. The Board follows the practice of using the right to go in camera as sparingly as possible. This policy elaborates on the PLA rules and specific rulings from the Information and Privacy Commissioner (IPC) of Ontario.

KEY POINTS SUMMARY

• The PLA records the following reasons for going in camera:
  • The security of the property of the board; o Personal matters about an identifiable individual;
  • A proposed or pending acquisition or disposition of land by the board;
  • Labour relations or employee negotiations;
  • Litigation or potential litigation, including matters before administrative tribunals, affecting the board;
  • Advice that is subject to solicitor-client privilege, including communications necessary for that purpose;
  • A matter in which a board or committee of a board may hold a closed meeting under another Act.
  • If the subject matter relates to the consideration of a request under the Municipal Freedom of Information and Protection of Privacy Act.
• Before holding a meeting or part of a meeting that is to be closed to the public, a board or committee of the board shall state by resolution the fact of the holding of the closed meeting and the general nature of the matter to be considered at the closed meeting.
• Voting in camera is allowed in the PLA if the matter concerns instruction to a board member, an employee of the library, or of the board. Board Bylaws state that any action must be passed in a regular open session, although the minutes may be kept confidential.

DEFINITIONS

In-camera describes closed board meetings, or sections of board meetings that are closed. Which cover information not recorded in the minutes or divulged to the public. Such sessions may discuss personnel, financial, or other sensitive decisions that must be kept confidential.

Public Libraries Act (PLA) is the statute which governs public libraries in Ontario. First passed in 1990, with latest amendment in 2009.

Information and Privacy Commissioner of Ontario is an officer established by the Ontario Legislature in the Freedom of Information and Protection of Privacy Act (FIPPA, 1987). This office is independent of the government and upholds and promotes open government and the protection of privacy in Ontario.

POLICY DETAILS

The City of Hamilton’s Procedural By-Law has been developed consistent with the Municipal Act and other relevant legislation. Council tried to limit the number of times it goes in camera; however, there are legal reasons mainly covered in the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) that at times require in-camera discussions. The City minutes the general nature of the reason for going in camera. Wherever possible, they provide some specificity in the reason for going in camera in the agenda without revealing confidential information.

Before holding a meeting or part of a meeting that is to be closed to the public, a board or committee of the board shall state by resolution the fact of holding the closed meeting and the general nature of the matter to be considered at the closed meeting.

In camera may be used under the PLA for:

• The security of the property of the board;
• Personal matters about an identifiable individual;
• A proposed or pending acquisition or disposition of land by the board;
• Labour relations or employee negotiations;
• Litigation or potential litigation, including matters before administrative tribunals, affecting the board;
• Advice that is subject to solicitor-client privilege, including communications necessary for that purpose;
• A matter in respect of which a board or committee of a board may hold a closed meeting under another Act.
• If the subject matter relates to the consideration of a request under the Municipal Freedom of Information and Protection of Privacy Act.

Voting on a matter in camera is allowed under the PLA if: the vote is for a procedural matter or for giving directions or instructions to officers, employees or agents of the board or committee of the board or persons retained by or under contract with the board. In practice, when a formal decision is required, the motion is recorded after the Board leaves in camera. The Board Bylaws state: Any actions determined during an in-camera session must be authorized by Board motion passed during regular open session and recorded in public minutes. However, the Board’s Secretary may designate the minutes of in camera sessions as confidential if Section 28(2) of the Public Libraries Act applies. In-camera discussions are an important tool for the board to successfully discuss personal or financial confidential matters in open and public meetings, which are filmed and archived at hpl.ca.

Published Date:

June 2025