Bill 68, Modernizing Ontario’s Municipal Legislation Act, 2017 updated the Municipal Act to require municipalities to have a Code of Conduct for members of council on May 30, 2017 to say:
Code of conduct
223.2 (1) A municipality shall establish codes of conduct for members of the council of the municipality and of its local boards.
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(2) Without limiting sections 9, 10 and 11, those sections authorize the municipality to establish codes of conduct.
No offence or administrative penalty
(3) A by-law cannot provide that a member who contravenes a code of conduct is guilty of an offence or is required to pay an administrative penalty.
Regulations
(4) The Minister may make regulations prescribing one or more subject matters that a municipality is required to include in a code of conduct.
Section 223.2 of the Municipal Act
There can be one code for all members, or separate ones for members of council and members of local boards.
Required topics in Code of Conduct
Municipalities can decide what areas their code of conduct covers, except for the following topics which are required. However, they still get to decide how these topics are addressed.
Ontario Regulation 55/18 provides that the Codes of Conduct must contain the following:
O. Reg 55/18: Codes of Conduct – Prescribed Subject Matters
- Gifts, benefits and hospitality;
- Respectful conduct, including conduct toward officers and employees of the municipality or the local board, as the case may be;
- Confidential information; and
- Use of property of the municipality or of the local board, as the case may be.
Recommended topics in Code of Conduct
Municipalities may include additional ethical standards. It is up to council to determine what policies should to be applied to council members and members of local boards.
Ombudsman Ontario recommends including the following:
- Decorum during meetings – Some municipalities have included in their codes of conduct specific rules addressing member conduct at meetings, member conduct towards other members, the public and complainants. Some municipalities have also described in their codes what would be considered a disrespectful conduct (for example bullying and harassment)
- Social media use
- Communication on behalf of council or the local board
- Conflicts of interest outside the scope of the Municipal Conflict of Interest Act
- Workplace harassment
Penalties for violating the Code of Conduct
The integrity commissioner can recommend that council or a local board impose a reprimand or a suspension of pay for up to 90 days if the commissioner has found that the member contravened the code of conduct.
Penalties
(5) 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.
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(6) The local board may impose either of the penalties described in subsection (5) on its member if the Commissioner reports to the board that, in his or her opinion, the member has contravened the code of conduct, and if the municipality has not imposed a penalty on the member under subsection (5) in respect of the same contravention. 2006, c. 32, Sched. A, s. 98.
Section 223.4 of the Municipal Act
Additional measures
The courts have found, for example, that commissioners can recommend “other actions” as long as they are remedial and not punitive, are permitted in law and designed to ensure that the inappropriate behaviour does not continue, and do not prevent the member from carrying out their duties. Municipalities that wish to authorize their integrity commissioners to recommend such measures – such as apologies to council or to complainants, or the return of municipal property – should expressly do so in their codes of conduct.
Ombudsman Ontario
Municipal Code of Conduct examples
How to submit a complaint/inquiry about a member’s conduct
If you believe a member of council has violated the Code of Conduct, contact the Integrity Commissioner and ask them to formally review the matter. Complaints must be in writing and can be submitted through email or complaint forms.
If your municipality has not appointed an Integrity Commissioner, the municipality must arrange for another municipality’s commissioner to handle the complaint:
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. 2017, c. 10, Sched. 1, s. 19 (2).
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. 2017, c. 10, Sched. 1, s. 19 (2).
Section 223.3 of the Municipal Act
Ombudsman Ontario recommends Code of Conduct training, posting it to municipality’s website
- All council members and members of local boards should be provided with training to ensure they are familiar with and understand the code of conduct.
- The code of conduct should be easily accessible to the public – e.g., posted on the municipality’s website.
Municipalities should:
Ombudsman Ontario
- Remove barriers to making complaints
- Include reasonable time limits for filing/review of complaints
- Have a preliminary reporting process for integrity commissioner reports
- Appoint the integrity commissioner by resolution or by-law, with clear terms of reference
- Ensure the integrity commissioner has no conflicts of interest, e.g., other municipal roles
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