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Bill 207, Municipal Accountability and Integrity Act, 2024

Burch, Jeff

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Bill 207 Original (PDF)

EXPLANATORY

NOTE

The

Bill amends the Municipal Act, 2001 and the City of Toronto Act, 2006 . Here are some of the

highlights:

1. Requirements

relating to workplace violence, workplace harassment and workplace

discrimination are added with respect to codes of conduct.

2. A

requirement to review codes of conduct and establish a framework for codes of

conduct is added to both Acts.

3. The

Municipal Act, 2001 is amended to require the

Minister to establish a Board of Integrity Commissioners.

4. Both

Acts are amended to allow the Commissioner to make an application for judicial

review to vacate a member’s seat and impose prescribed penalties if the

Commissioner is of the opinion that the member has made certain contraventions

of the code of conduct.

5. Provisions

are added to both Acts to allow the Commissioner to apply to a judge of the

Superior Court for confirmation of certain determinations.

Bill 207 2024

Act to amend the Municipal Act, 2001 and the City of Toronto Act, 2006 with

respect to conduct of councillors and members of local boards

His

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

Municipal

Act, 2001

Section 223.2 of the Municipal Act, 2001 is amended

by adding the following subsections:

Workplace

violence, harassment and discrimination

(2.1) A

code of conduct established pursuant to this

section must require members of

the council of the municipality and of its local boards to,

(

a) comply

with the policies with respect to workplace violence, workplace harassment and

workplace discrimination established by the municipality or its local boards

under

section 32.0.1 of the Occupational Health and Safety

Act ; and

(

b) report

contraventions of the code of conduct to the municipality or local board, as

the case may be.

Same,

training

(2.2) The

municipality or local board, as the case may be, shall ensure that members of

its council are provided with annual, mandatory training provided by a third

party provider regarding the policies with respect to workplace violence, workplace

harassment and workplace discrimination.

Same

(2.3) A

member who attends the training referred to in subsection (2.2) shall provide

the municipality or local board, as the case may be, with a written attestation

that they have attended the training.

The Act is amended by adding the following sections:

Code

of conduct review

223.2.1

(1) Within

one year after

section 2 to the Municipal Accountability

and Integrity Act, 2024 comes into force, the Minister shall conduct a

review of the codes of conduct established pursuant to

section 223.2 of this

Act.

Framework

(2) Within

6 months after conducting the review, the Minister shall establish a framework

for codes of conduct that shall include the following:

1. A

list of standard provisions that must be included in every code of conduct.

2. A

list of standards that a code of conduct must include, including standards with

respect to workplace violence, workplace harassment and workplace

discrimination.

3. Requirements

for training members of a council of a municipality and local board regarding

the code of conduct.

4. A

range of penalties to be applied for contraventions of a code of conduct.

5. Standard

processes for inquiries and investigations into alleged contraventions of a

code of conduct.

6. Mechanisms

for protecting individuals from reprisals for alleging contraventions of a code

of conduct.

7. Maximum

timelines for inquiries and investigations and a process for prioritizing

claims of a contravention based on the nature of the contravention.

8. Standards

regarding support and indemnification for members of a council of a

municipality and local board, as the case may be, and for their staff.

9. Mechanisms

for ensuring that complaints are addressed through a trauma-informed process.

10. Mechanisms

for addressing complaints that are frivolous or vexatious.

11. A

process for informal resolution of appropriate complaints.

12. Such

other matters as the Minister considers appropriate.

Implementation

(3) The

Minister shall establish a plan and

schedule for each municipality and local

board to implement the framework code of conduct.

Board

of Integrity Commissioners

223.2.2 The Minister shall

establish a Board of Integrity Commissioners that shall meet the following

requirements:

1. The

Board shall form part of the Office of the Integrity Commissioner of Ontario.

2. The

role of the Board shall be to adjudicate all claims regarding workplace

violence, workplace harassment and workplace discrimination.

3. The

prescribed number of members of the Board shall be appointed in consultation

with governing bodies.

4. Members

of the Board shall meet and retain the licensing and good character

requirements established by the Law Society of Ontario.

5. The

mandate of the Board shall be ensuring access to justice.

Section 223.4 of the Act is amended by adding the following subsection:

Contravention

re workplace violence, harassment or discrimination

(6.1) In

addition to any penalties imposed under subsection (5), if the Commissioner is

of the opinion that the member has contravened the code of conduct by failing

to comply with the municipality’s or local board’s policies with respect to

workplace violence, workplace harassment or workplace discrimination, the

Commissioner may,

(

a) make

an application for judicial review to vacate the member’s seat in accordance

with

section 223.4.0.1; and

(

b) impose

any prescribed penalties in the prescribed circumstances, and such penalties

are binding.

The Act is amended by adding the following section:

Application

re workplace violence, harassment or discrimination

223.4.0.1

(1) If the Commissioner

determines in an inquiry under

section 223.4 that a member of a council of the

municipality or its local board has contravened its code of conduct by failing

to comply with its policies with respect to workplace violence, workplace

harassment or workplace discrimination, the Commissioner may apply to a judge

of the Superior Court for confirmation of the Commissioner’s determination.

application during regular election

(2) No

application shall be made under this

section during the period of time starting

on nomination day for a regular election, as set out in

section 31 of the Municipal Elections Act, 1996 , and ending on voting day

in a regular election, as set out in

section 5 of that Act.

Contents

of notice of application

(3) The

notice of application shall state the grounds for finding that the member

contravened the municipality’s or local board’s code of conduct by failing to

comply with the municipality’s or local board’s policies with respect to workplace

violence, workplace harassment or workplace discrimination.

Penalty

(4) If

the judge determines that the member has contravened the code of conduct by

failing egregiously to comply with the municipality’s or local board’s policies

with respect to workplace violence, workplace harassment or workplace

discrimination, the judge may declare the member’s seat vacant.

Same

(5) A

member whose seat on the council of a municipality or on a local board has been

vacated under subsection (4) is ineligible to stand as a candidate at any

subsequent elections respecting the council of the municipality or the local

board or to be appointed to the council of the municipality or the local board

during the period beginning on the day on which the member’s seat is declared

vacant and ending on the day of the second subsequent regular election.

City

of Toronto Act, 2006

Section 157 of the City of Toronto Act, 2006 is

amended by adding the following subsections:

Workplace

violence, harassment or discrimination

(2.1) A

code of conduct established pursuant to this

section must require members of

city council and of local boards (restricted definition) to,

(

a) comply

with the policies with respect to workplace violence, workplace harassment and

workplace discrimination established by the municipality or its local boards

under

section 32.0.1 of the Occupational Health and Safety

Act ; and

(

b) report

contraventions of the code of conduct to the City or local board (restricted

definition) as the case may be.

Same,

training

(2.2) The

City shall ensure that members of its council are provided with annual,

mandatory training provided by a third party provider regarding the policies

with respect to workplace violence, workplace harassment and workplace

discrimination.

Same

(2.3) A

member who attends the training referred to in subsection (2.2) shall provide

the City with a written attestation that they have attended the training.

The Act is amended by adding the following section:

Code

of conduct review

157.1

(1) Within

one year after

section 6 to the Municipal Accountability

and Integrity Act, 2024 comes into force, the Minister shall conduct a

review of the codes of conduct established pursuant to

section 157 of this Act.

Framework

(2) Within

6 months after conducting the review, the Minister shall establish a framework

for codes of conduct that shall include the following:

1. A

list of standard provisions that must be included in every code of conduct.

2. A

list of standards that a code of conduct must include, including standards with

respect to workplace violence, workplace harassment and workplace

discrimination.

3. Requirements

for training members of the City council and local boards (restricted

definition) regarding the code of conduct.

4. A

range of penalties to be applied for contraventions of a code of conduct.

5. Standard

processes for inquiries and investigations into alleged contraventions of a

code of conduct.

6. Mechanisms

for protecting individuals from reprisals for alleging contraventions of a code

of conduct.

7. Maximum

timelines for inquiries and investigations and a process for prioritizing

claims of a contravention based on the nature of the contravention.

8. Standards

regarding support and indemnification for members of a council of the City and

for their staff.

9. Mechanisms

for ensuring that complaints are addressed through a trauma-informed process.

10. Mechanisms

for addressing complaints that are frivolous or vexatious.

11. A

process for informal resolution of appropriate complaints.

12. Such

other matters as the Minister considers appropriate.

Implementation

(3) The

Minister shall establish a plan and

schedule for the City to implement the

framework code of conduct of its council and local boards (restricted

definition).

Section 160 of the Act is amended by adding the following subsections:

Contravention

re workplace violence, harassment or discrimination

(6.1) In

addition to any penalties imposed under subsection (5), if the Commissioner is

of the opinion that the member has contravened the code of conduct by failing

to comply with the City’s or local board’s (restricted definition) policies

with respect to workplace violence, workplace harassment or workplace

discrimination, the Commissioner may,

(

a) make

an application for judicial review to vacate the member’s seat in accordance

with

section 160.0.1; and

(

b) impose

any prescribed penalties in the prescribed circumstances, and such penalties

are binding.

Decision

of Commissioner

(6.2) The

Commissioner may impose the prescribed remedies and sanctions in the prescribed

circumstances, and such remedies and sanctions are binding.

The Act is amended by adding the following section:

Application

re workplace violence, harassment and discrimination

160.0.1

(1) If the Commissioner

determines in an inquiry under

section 160 that a member of a council of the City

or local board (restricted definition) has contravened its code of conduct by

failing to comply with its policies with respect to workplace violence,

workplace harassment or workplace discrimination, the Commissioner may apply to

a judge of the Superior Court for confirmation of the Commissioner’s

determination.

application during regular election

(2) No

application shall be made under this

section during the period of time starting

on nomination day for a regular election, as set out in

section 31 of the Municipal Elections Act, 1996 , and ending on voting day

in a regular election, as set out in

section 5 of that Act.

Contents

of notice of application

(3) The

notice of application shall state the grounds for finding that the member

contravened the City’s or local board’s code

(restricted

definition) of conduct by failing to comply with the City’s or local board’s

(restricted definition) policies with respect to workplace violence, workplace

harassment or workplace discrimination.

Penalty

(4) If

the judge determines that the member has contravened the code of conduct by

failing egregiously to comply with the City’s or local board’s (restricted

definition) policies with respect to workplace violence, workplace harassment

or workplace discrimination, the judge may declare the member’s seat vacant.

Same

(5) A

member whose seat on city council or on a local board (restricted definition)

has

been vacated under subsection (4) is ineligible to stand as a candidate at any

subsequent elections respecting the council of the City or the local board

(restricted definition) or to be appointed to

the council of the City or the local board (restricted definition)

during

the period beginning on the day on which the member’s seat is declared vacant

and ending on the day of the second subsequent regular election.

Commencement

This Act comes into force on the day it receives Royal Assent.

Short

title

The

short title of this Act is the Municipal

Accountability and Integrity Act, 2024 .

Date Bill stage Event Outcome Committee

June 5, 2024

First Reading

Ordered for Second Reading

June 5, 2024

First Reading

Vote

Carried

First Reading

June 5, 2024

Carried

Ordered for Second Reading