An Integrity Commissioner is an independent and impartial accountability officer, typically a lawyer, who is responsible for applying the rules governing the ethical conduct of members of municipal councils and local boards (including codes of conduct) outlined in the Municipal Act, investigating complaints, reporting to council and for providing advice and education on those rules.
They help enforce the following:
- Code of Conduct, that every municipality is required to have
- Conflict of interest violations as per Municipal Conflict of Interest Act
- Other procedures, rules or policies governing the ethical behaviour of members
Municipalities must either appoint their own Integrity Commissioner, or make arrangements for those responsibilities to be provided by another municipality’s Commissioner:
Integrity Commissioner
(1) Without limiting sections 9, 10 and 11, those sections authorize the municipality to appoint an Integrity Commissioner who reports to council and who is responsible for performing in an independent manner the functions assigned by the municipality with respect to any or all of the following:
Section 223.3 of the Municipal Act
- The application of the code of conduct for members of council and the code of conduct for members of local boards.
- The application of any procedures, rules and policies of the municipality and local boards governing the ethical behaviour of members of council and of local boards.
- The application of sections 5, 5.1 and 5.2 of the Municipal Conflict of Interest Act to members of council and of local boards.
- Requests from members of council and of local boards for advice respecting their obligations under the code of conduct applicable to the member.
- Requests from members of council and of local boards for advice respecting their obligations under a procedure, rule or policy of the municipality or of the local board, as the case may be, governing the ethical behaviour of members.
- Requests from members of council and of local boards for advice respecting their obligations under the Municipal Conflict of Interest Act.
- The provision of educational information to members of council, members of local boards, the municipality and the public about the municipality’s codes of conduct for members of council and members of local boards and about the Municipal Conflict of Interest Act.
If they haven’t appointed one, the municipality must arrange for another municipality’s commissioner to provide the services:
Provision for functions if no Commissioner appointed
(1.1) If a municipality has not appointed a Commissioner under subsection (1), the municipality shall make arrangements for all of the responsibilities set out in that subsection to be provided by a Commissioner of another municipality.
Provision for functions if responsibility not assigned
(1.2) If a municipality has appointed a Commissioner under subsection (1), but has not assigned functions to the Commissioner with respect to one or more of the responsibilities set out in that subsection, the municipality shall make arrangements for those responsibilities to be provided by a Commissioner of another municipality.
Penalties for Code of Conduct violations
Penalties for Code of Conduct violations
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
Integrity Commissioner’s roles
The Integrity Commissioner carries out the following core functions:
- Advisory Role – Provides confidential advice and guidance to the Mayor and Members of Council regarding questions arising from the Code of Conduct, the Municipal Conflict of Interest Act and other by-laws and policies governing ethical behavior.
- Educational Role – Provides educational information to Mayor and Members of Council.
- Policy Role – Provides reports to City Council on issues of ethics and integrity and recommendations arising from investigations pertaining to the Code of Conduct.
- Investigative Role – Provides a mechanism to receive inquires which allege a breach of ethical responsibilities and investigates, reports and makes recommendations to Council on those complaints that cannot be resolved informally, while being guided by Council’s codes, policies and protocols.
Responsibilities include:
- Application for the Code of Conduct for council/local boards.
- Application of procedures, rules and policies governing ethical behavior.
- Application of the Municipal Conflict of Interest Act.
- Request from members of council/local boards for advice on Code of Conduct.
- Requests from members of council/local boards for advice under procedures, rules and policies governing ethical behavior.
- Requests from members of council/local boards for advice under the Municipal Conflict of Interest Act.
- Provision of educational information to members of council, local boards, the municipality and the public about the Code of Conduct and the Municipal Conflict of interest Act.
Public inquiry powers
Integrity commissioners can exercise the powers under sections 33 and 34 of the Public Inquiries Act when conducting a code of conduct inquiry or conflict of interest inquiry. These powers include the ability to summon witnesses to give evidence under oath or affirmation and to produce documents.
Any integrity commissioner who, during an inquiry, has reasonable grounds to believe there has been a contravention of the Criminal Code or other legislation, with the exception of the Municipal Conflict of Interest Act, must immediately refer the matter to the appropriate authorities.
How to submit a complaint to the Integrity Commissioner
If you believe a member of council has violated the Code of Conduct or the Municipal Conflict of Interest Act, contact the Integrity Commissioner and ask them to formally review the matter. If you can’t find the Commissioner’s contact information, send your complaint to the Municipal Clerk.
Complaints must be in writing and can be submitted through email or complaint forms.
How to submit a complaint about an Integrity Commissioner
The Ontario Ombudsman can review and investigate complaints about municipal integrity commissioners once they have completed their process or declined to review a complaint. The Ombudsman can also initiate an investigation on their own motion.
Reports must be made available to the public
If the Commissioner provides a periodic report to the municipality on his or her activities, the Commissioner may summarize advice he or she has given but shall not disclose confidential information that could identify a person concerned.
The municipality and each local board shall ensure that reports received from the Commissioner by the municipality or by the board, as the case may be, are made available to the public.
Section 223.6 of the Municipal Act
Examples of Integrity Commissioner reports
- Inquiry finds Belleville councillor did not break conflict of interest laws
- Report on an Inquiry Respecting the Conduct of Ottawa Councillor
- Integrity Commissioner’s Recommendation Report Complaints against Pickering Councillor
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