A municipal elected official can be disqualified from holding office, removed from office during their term and disqualified from running for office again, but only in certain circumstances and not for Code of Conduct violations:
Section 258 of the Municipal Act says you can be disqualified if you are:
- No longer a Canadian citizen
- No longer a resident, the owner or tenant of land or the spouse of an owner or tenant of land in the municipality
- Become an employee of the municipality
- Prohibited from voting because you’re serving a prison sentence or convicted of a corrupt practice under the Municipal Elections Act or an offense under the Criminal Code. Being charged with a crime isn’t sufficient, as the late former Toronto mayor Rob Ford’s illegal drug use video scandal in May 2013 illustrated.
An extended absence from council is acceptable if council passes a motion authorizing it.
Disqualification by conflict of interest
Conflict of interest and can prompt a judge to order removal:
- Disclosing conflicts of interest by filing a written statement about the subject matter
- Not influencing any decision, vote or recommendation regarding that subject matter
- Leaving the meeting, not discussing or voting on the subject matter
Power of judge
(1) If the judge determines that the member or former member contravened section 5, 5.1, 5.2 or 5.3, the judge may do any or all of the following:
Section 9 of the Municipal Conflict of Interest Act
- Reprimand the member or former member.
- Suspend the remuneration paid to the member for a period of up to 90 days.
- Declare the member’s seat vacant.
- Disqualify the member or former member from being a member during a period of not more than seven years after the date of the order.
- If the contravention has resulted in personal financial gain, require the member or former member to make restitution to the party suffering the loss, or, if the party’s identity is not readily ascertainable, to the municipality or local board, as the case may be. 2017, c. 10, Sched. 3, s. 7; 2022, c. 18, Sched. 3, s. 4.
Disqualification by failure to file financial statement
The Municipal Elections Act can disqualify a elected official for:
- Filing an incorrect or late financial statement, unless done in good faith
- Exceeding campaign spending limits
- Failing to return a campaign surplus
- Conviction of a corrupt practice (eg. bribery)
Penalties for Code of Conduct violations
The tension lies between the following:
- Responsibility to ensure the workplace is safe for staff, council members, but letting voters decide which council members are voted in, and which are left out next election
- Strong enough to change when necessary, but not enough to be used as a “expensive weapon” by council members against each other
- Precise enough to prevent harassment and hate speech, without interfering with freedom of expression
- Should councillors be held accountable in the same way as a municipal employee?
- Or an even higher standard given the principles of integrity and accountability that underlie their elected positions?
- Or should removal be left up to voters to decide in the next municipal election?
If the integrity commissioner determines that a member of council breached the municipality’s code of conduct, the penalties are either a reprimand or suspension of pay for up to 90 days:
Penalties
The municipality may impose either of the following penalties on a member of council or of a local board if the Commissioner reports to the municipality that, in his or her opinion, the member has contravened the code of conduct:
1. A reprimand.
2. Suspension of the remuneration paid to the member in respect of his or her services as a member of council or of the local board, as the case may be, for a period of up to 90 days. 2006, c. 32, Sched. A, s. 98.
Section 223.4 (5) of the Municipal Act
When these penalties are not effective at addressing and stopping the behaviour, some municipalities have found other ways to address harassment, including:
Municipal World
- Harassment training for council
- One-on-one sensitivity training for the councillor whose behaviour is at issue (they cannot be forced to attend)
- Restricting the councillor’s access to certain premises
- Requiring that the councillor’s correspondence and inquiries to municipal staff be conducted through the Chief Administrative Officer (CAO)
- Barring the councillor from meeting with a staff member that they have harassed (unless arranged through the CAO’s office)
- Removal of the councillor’s contribution to the municipality’s newsletter or other communications
- Removal of the councillor’s appointment on a committee or board
- Public declaration that the councillor breached the code of conduct
- Request by a majority of council that the councillor resign
Definitions of harassment and hate speech
Harassment under the Human Rights Code
engaging in a course of vexatious [annoying or provoking] comment or conduct which is known or ought reasonably to be known to be unwelcome.
Ontario Human Rights Code
Hate speech under the Criminal Code
Public incitement of hatred
Every one who, by communicating statements in any public place, incites hatred against any identifiable group where such incitement is likely to lead to a breach of the peace is guilty of
- (a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or
- (b) an offence punishable on summary conviction.
Wilful promotion of hatred
Every one who, by communicating statements, other than in private conversation, wilfully promotes hatred against any identifiable group is guilty of
- (a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or
- (b) an offence punishable on summary conviction.
Criminal Code
Timeline
May 30, 2017 – Bill 68, Modernizing Ontario’s Municipal Legislation Act, 2017 requires municipalities to have a Code of Conduct for members of the council
July 2020 – Ottawa Integrity Commissioner finds that Councillor Rick Chiarelli harassed employees
By “…exploit[ing] the power dynamic of the situation, in which the Respondent held out the possibility of employment, to sexualize the discussion and questions in a manner that was upsetting and unacceptable” and that “such a comportment by an elected public office holder deeply harms the public interest and seriously damages the trust covenant with the citizens who elect them”.
2020 – Ottawa council and residents call for Councillor Rick Chiarelli’s resignation, which he doesn’t do
February 3, 2021 – Association of Municipalities Ontario (AMO) recommends municipalities be given the ability to remove members of council when the most significant breaches of Codes of Conduct are found
In the most significant situations, the Board believes that there should be the ability to remove members of council when the most significant breaches of Codes of Conduct are found. This would need to be separate from any criminal proceedings that may otherwise arise.
In such cases, it would be appropriate for a council to seek intervention by a member of the judiciary to remove a council member where a report of a municipal Integrity Commissioner recommends such action for serious, willful and/or repeated significant violations of a Code of Conduct adopted by the municipality and agreed to by council members. Removal of a councillor by a member of the bench would of course require a legal appeal mechanism and should not necessarily disqualify a person from running in a subsequent election.
March 5, 2021 – Ford government opens consultations looking at updating the Municipal Act to allow a councillor who has behaved disreputably
We want to gather input to ensure there are adequate mechanisms in place to hold council members accountable for any unacceptable behaviour
It’s critical that everyone feels safe and respected in the workplace, and that they know there are accountability measures in place for members who violate codes of conduct.
Minister of Municipal Affairs and Housing Steve Clark
April 14, 2021 – Ford government receives 2,650 responses regarding changes to how council members are held accountable
seeking feedback on:
- what changes or mechanisms are needed to better hold council members accountable for municipal code of conduct violations
- how to more effectively enforce these codes
- whether a broader range of penalties for violations of the codes of conduct are needed
The consultation closed July 15, 2021. Documents obtained by Global News said that consultations included 18 round-tables and an online survey that received 2,650 responses.
November 23, 2021 – Some councillors say current Codes of Conduct need reform, interfere with freedom of expression
The current system has created a political arena in which those who challenge the status quo, call out bigotry, criticize ideas, or show strength on equity issues are punished by commissioners and councils at unlimited, uncontrolled taxpayer expense. This is a barrier to necessary renewal in municipal leadership and an affront to local democracy.
August 10, 2022 – Liberal MPP Stephen Blais introduces private member’s bill Bill 5 “Stopping Harassment and Abuse by Local Leaders Act”
August 18, 2022 – Integrity Commissioner substantiates claims that Ottawa Councillor Rick Chiarelli offered employees cash to perform sexual acts on random men
on a balance of probabilities, … this allegation is substantiated:
In the Fall of 2014, Councillor Rick Chiarelli (my employer at the time), offered to pay me between $200-$300 in cash to perform sexual acts on random men that I was instructed to find at night clubs in Montreal. Mr. Chiarelli planned these trips and drove me to an[d] from Montreal on several occasions to meet men at night clubs
Report on an Inquiry Respecting the Conduct of Councillor Chiarelli
March 24, 2023 – AMO reaffirms recommendation to the Ontario government to strengthen municipal Codes of Conduct and compliance, recommends ban from next election
On March 24th, 2023, the Board also approved a further recommendation to prohibit a member removed through application to a judge from running for election in the term in which removed and the subsequent term of office.
AMO
March 27, 2023 – AMO letter to Premier Doug Ford reaffirming recommendations
May 31, 2023 – Bill 5 “Stopping Harassment and Abuse by Local Leaders Act” voted down by Ford government on second reading
The private member’s bill moved by Orléans Liberal MPP Stephen Blais would have amended the Municipal Act to give municipalities the power to remove councillors from council if they violated the code of conduct.
The amendments require the code of conduct for municipal councillors and members of local boards to include a requirement for those councillors and members to comply with workplace violence and harassment policies.
The amendments also permit municipalities and local boards to direct the Integrity Commissioner to apply to the court to vacate a member’s seat if the Commissioner’s inquiry determines that the member has contravened the code of conduct by failing to comply with the workplace violence or harassment policies.
Over 150 municipalities across the province, representing over 60% of the Ontario population, support Bill 5. The Association of Municipalities of Ontario (AMO), the Rural Ontario Municipal Association (ROMA), and Ontario’s Big City Mayors (OBCM) have also supported the principles included in Bill 5.
It’s clear that victims of workplace harassment and violence want these measures enacted into law. It’s also evident that municipalities across Ontario want to see these measures enacted into law. The Opposition Parties at Queen’s Park want these measures enacted into law. Ontarians want to see these measures enacted into law. The only segment of Ontario who doesn’t want these measures enacted into law are the perpetrators and the Ford Government.
MPP Stephen Blais, MPP for Orléans and Liberal Critic for Municipal Affairs & Housing
August 14, 2023 – Pickering suspends councillor’s pay for 30 days after Integrity Commissioner finds Facebook post a passive-aggressive bullying tactic
The post named people who had been involved in complaints about a storage container Robinson had on her property that broke municipal bylaws.
October 13, 2023 – Pickering suspends councillor’s pay for 60 days after Integrity Commissioner finds she promoted attitudes which are homophobic and transphobic
Three motions she wanted to present to council related to Pride events and drag queen storytime, non-government flags and universal change rooms violated certain sections of the City of Pickering’s Council Code of Conduct.
April 2, 2024 – Pickering council asks Ontario Human Rights Commission to take action in response to the conduct of a city councillor
The motion starts a process that could lead to judges being granted the power to remove councillors for discriminatory behaviour.
Councillor Lisa Robinson, whose comments were widely deemed racist, homophobic, transphobic, and threatening, has created tension and conflict within the City of Pickering and beyond. The motion seeks to address the lack of remorse or corrective measures taken by the councillor and to explore options for dealing with similar situations in the future.
Now therefore be it resolved, that the Council of The Corporation of the City of Pickering requests the assistance of the Ontario Human Rights Commission to:
- Hold a Public Interest Inquiry in the City of Pickering, to provide an opportunity for the Commission to hear from individuals and/or organizations on the need to enshrine in the Municipal Act, tools that can address the conduct of an elected Official who engages in behaviour that promotes racism, prejudice, bias and/or discrimination against any identifiable group, including their removal from public office;
- Advise the City of Pickering on other tools, including mandatory training for all Members of Council and Staff on the Ontario Human Rights Code, including all forms of Racism, Discrimination and Prejudice, as well as ways to heal the impact that was caused in the community;
- That a copy of the October 13, 2023, Pickering Integrity Commissioner’s report, be sent to the Chief Commissioner, Ontario Human Rights Commission; and,
- A copy of this resolution be sent to the Chief Commissioner, Ontario Human Rights Commission, the Chair, Pickering Anti-Black Racism Task Force (PABRT); Director Diversity, Equity and Inclusion, Regional Municipality of Durham, the City of Pickering Integrity Commissioner; and all Durham Region MPPs.
Any change would come only after multiple steps culminating with a legislative amendment to the Municipal Act by the provincial government.
June 2024 – Premier Doug Ford asks Integrity Commissioner of Ontario for advice to improve standardization of integrity commissioners and codes of conduct
Your expertise regarding accountability and transparency is invaluable in informing possible changes that will help ensure a consistent, uniform standard is applied to the conduct of all local elected officials
Premier Doug Ford
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