Belleville declares Jane Forrester Green Space surplus in closed meeting in apparent violation of property bylaw and open meeting rules

The City declared the Jane Forrester Green Space (31 John Street South, Belleville) property surplus to its needs by Report No. MRPS-2026-02 during their in-camera (closed) meeting:

The City has already declared this property surplus to its needs by Report No. MRPS-2026-02 on March 23, 2026.

MRPS-2026-03

In Camera (Closed Session) Report No. MRPS-2026-02 regarding potential acquisition or disposition of land (Pursuant to Section 239(2)(c) of the Municipal Act)

March 23, 2026 meeting minutes

Decision appears to violate open meeting rules in the Municipal Act

By default, all municipal meetings must be open to the public to ensure transparency under Section 239 of the Municipal Act to prioritize transparency so that citizens can see how decisions are made regarding public assets.

Municipalities can move into a closed session (often called “In-Camera”) if the subject matter being considered is “a proposed or pending acquisition or disposition of land by the municipality” under Section 239(2)(c). This allows council to discuss sensitive details like the minimum price they are willing to accept, negotiation strategies, or the identity of potential buyers without compromising their bargaining position.

While municipalities have the authority to discuss land sales in private, the actual act of declaring a property as surplus is almost always required to happen in an open meeting.

The Municipal Act strictly limits what can be voted on behind closed doors. Under Section 239 (6), a council cannot vote in a closed meeting unless the vote is for:

1. A procedural matter (eg. “let’s take a break”), or
2. Giving instructions or directions to staff or negotiators (eg. “tell the buyer we won’t go lower than $500,000”).

Declaring a property surplus is a substantive policy decision that changes the legal status of a public asset, it is a final decision that does not fall under “procedural” or “giving instructions.” Therefore, the formal vote to deem land surplus must occur in public.

Belleville’s property disposition bylaw says Council must declare the land surplus in an open meeting

A municipality must have a policy regarding property acquisition and disposition under Section 270 of the Municipal Act.

Belleville’s property disposition Bylaw 2022-133 states that properties designated “Class Three” (“non-viable”) must be declared surplus in a meeting open to the public:

Procedures Concerning the Disposition of Land in Class Three

• a. Declaration as Surplus: The provisions of Section 3.01 apply to the disposition of any land in Class Three.
• b. Procedures: None of the other requirements of Section 3.00 apply to the disposition of any land in Class Three

Section 5

Declaration as Surplus: Prior to the disposition of any parcel of land in Class One, the Council of the City shall, at a meeting open to the public,
declare the land to be surplus and no longer required by the City for municipal purposes. These declarations can be revoked by the City at any time prior to a disposition of the same land.

Section 3.01 (a)

Manager of Realty and Property Services must ensure that the property is declared surplus, provide notice of the City’s intention

Belleville’s 2023 Real Property Acquisition and Disposition Policy states:

The Manager Realty and Property Services, in consultation with other City departments, will identify potential properties for Disposal and:

• Ensure that the property is declared surplus
• Initiate an Appraisal to determine the property Fair Market Value
• Initiate an environmental investigation, where deemed applicable, in consultation with Environmental Services and the client department and undertake remediation as may be required, and
• Initiate such other investigations and commission such other reports as may be deemed appropriate by the Manager Realty and Property Services in consultation with other City departments.

Section 5.23

Declaration of Property as Surplus

Real Property may not be disposed of unless it has been declared surplus to the requirements of the City and included in a corporate report to City Council, which will include notice of the City’s intention to dispose of the Surplus Property.

Section 5.24

All Disposals will be subject to an Appraisal except:

Sales to private bodies where the deemed value of the Surplus Property is less than $50,000, as determined by Appraisal commissioned by the
Manager Realty and Property Services and cost recovered by the purchaser.

Section 5.25