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Bill 5, Stopping Harassment and Abuse by Local Leaders Act, 2023

Blais, Stephen

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Bill 5 Original (PDF)

EXPLANATORY

NOTE

The

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

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. These applications may not be made during regular elections. Where a

member’s seat on the council of a municipality or a local board is vacated, the

amendments contemplate restrictions on the member’s ability to subsequently

stand for election and be reappointed to the council of the municipality or the

local board.

Bill 5 2022

Act to amend various statutes with respect to workplace violence and harassment

policies in codes of conduct for councillors and members of local boards

Her

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 subsection:

Required

content

(1.1) The

codes of conduct for members of the council of the municipality and of its

local boards must include a requirement for the members to comply with the policies

with respect to workplace violence or harassment that are established by the

municipality or its local boards under

section 32.0.1 of the Occupational Health and Safety Act .

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

Workplace

violence or harassment

(6.1) In

addition to imposing either of the penalties set out in subsection (5), the

municipality or local board may direct the Commissioner to make an application

to vacate the member’s seat in accordance with

section 223.4.0.1 if the

Commissioner reports that, in their opinion, 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 or harassment.

The Act is amended by adding the following section:

Workplace

violence or harassment application

223.4.0.1

(1) If

directed to do so by a municipality or local board under subsection 223.4

(6.1), the Commissioner shall apply to a judge of the Superior Court of Justice

for a determination of whether a member of the council of the municipality or

local board has 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 or harassment.

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 or harassment.

Penalty

(4) If

the judge determines 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 or harassment, 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 subsection:

Required

content

(1.1) The

code of conduct for members of city council and of local boards (restricted

definition) must include a requirement for the members to comply with the policies

with respect to workplace violence or harassment that are established by the City

or local board under

section 32.0.1 of the Occupational

Health and Safety Act .

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

Workplace

violence or harassment

(6.1) In

addition to imposing either of the penalties set out in subsection (5), the

City council or local board (restricted definition) may direct the Commissioner

to make an application to vacate the member’s seat in accordance with

section

160.0.1 if the Commissioner reports that, in their opinion, the member has

contravened the code of conduct by failing to comply with the City’s or local

board’s policies with respect to workplace violence or harassment.

The Act is amended by adding the following section:

Workplace

violence or harassment application

160.0.1

(1) If

directed to do so by City council or a local board (restricted definition)

under subsection 160 (6.1), the Commissioner shall apply to a judge of the

Superior Court of Justice for a determination of whether a member of City

Council or of the local board (restricted definition) has contravened the

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

local board’s policies with respect to workplace violence or harassment.

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 of conduct by failing to comply

with the City’s or local board’s policies with respect to workplace violence or

harassment.

Penalty

(4) If

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

failing to comply with the City’s or local board’s policies with respect to

workplace violence or harassment, the judge may declare the member’s seat

vacant.

Same

(5) A

member whose seat on city council or on a local board has been vacated under

subsection (4) is ineligible to stand as a candidate at any subsequent elections

respecting

the city council or local board or to be appointed to the city council 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.

Commencement

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

Short

title

The

short title of this Act is the Stopping Harassment and Abuse by Local Leaders Act, 2022 .

Date Bill stage Event Outcome Committee

May 31, 2023

Second Reading

Vote

Lost on division

May 30, 2023

Second Reading

Question put

Vote deferred

May 30, 2023

Second Reading

Debated

August 10, 2022

First Reading

Ordered for Second Reading

August 10, 2022

First Reading

Vote

Carried

First Reading

August 10, 2022

Carried

Second Reading

May 30, 2023

Blais, Stephen

Orléans

Burch, Jeff

Niagara Centre

Collard, Lucille

Ottawa—Vanier

Fraser, John

Ottawa South

Harden, Joel

Ottawa Centre

Schreiner, Mike

Guelph

Williams, Hon. Charmaine

Brampton Centre

Wong-Tam, Kristyn

Toronto Centre

Vote deferred

May 31, 2023

Lost on division