Ontario Bill 241 (43rd Parliament, 1st Session)
Bill 241, 43-1
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Bill 241, Municipal Accountability Act, 2024
Calandra, Hon. Paul Minister of Municipal Affairs and Housing
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Bill 241 Original (PDF)
EXPLANATORY
NOTE
SCHEDULE 1
CITY OF TORONTO ACT, 2006
The
Schedule amends
Part V of the City of Toronto Act, 2006
with respect to codes of conduct. Here are some highlights:
1. Currently,
the Act provides that the City shall establish a code of conduct. Re-enacted
section 157 of the Act provides that the Lieutenant Governor in Council may
make regulations prescribing a code of conduct for members of city council and of
local boards (restricted definition).
2. New
section 159.1 of the Act requires the Integrity Commissioner of Ontario to
perform certain functions with respect to the Integrity Commissioner, including
providing education and training to the Commissioner.
3. New
section 160.0.1 of the Act provides that after conducting an inquiry under
section 160 of the Act, the Commissioner may make a recommendation to the
Integrity Commissioner of Ontario regarding whether the seat of the member who
is the subject of the inquiry be declared vacant. New
section 160.0.2 of the
Act sets out the responsibilities of the Integrity Commissioner of Ontario upon
receiving such a recommendation, including the responsibility to conduct an
inquiry. Subsection 160.0.2 (4) of the Act sets out the actions the Integrity
Commissioner of Ontario is required to take upon completion of their inquiry.
4. New
section 160.0.3 of the Act sets out the consequences where the Integrity
Commissioner of Ontario refers a matter back to the Commissioner. New
section
160.0.4 of the Act sets out the consequences where the Integrity Commissioner
of Ontario recommends that a member’s seat be declared vacant, including
requiring city council to vote on such recommendation.
SCHEDULE 2
MUNICIPAL ACT, 2001
The
Schedule amends
Part V.1 of the Municipal Act, 2001
with respect to codes of conduct. Here are some highlights:
1. Currently,
the Act provides that municipalities shall establish codes of conduct.
Re-enacted
section 223.2 of the Act provides that the Lieutenant Governor in
Council may make regulations prescribing a code of conduct for members of
councils of municipalities and of local boards.
2. New
section 223.3.1 of the Act requires the Integrity Commissioner of Ontario to
perform certain functions with respect to Integrity Commissioners, including
providing education and training to Commissioners.
3. New
section 223.4.0.1 of the Act provides that after conducting an inquiry under
section 223.4 of the Act, a Commissioner may make a recommendation to the
Integrity Commissioner of Ontario regarding whether the seat of the member who
is the subject of the inquiry be declared vacant. New
section 223.4.0.2 of the
Act sets out the responsibilities of the Integrity Commissioner of Ontario upon
receiving such a recommendation, including the responsibility to conduct an
inquiry. Subsection 223.4.0.2 (4) of the Act sets out the actions the Integrity
Commissioner of Ontario is required to take upon completion of their inquiry.
4. New
section 223.4.0.3 of the Act sets out the consequences where the Integrity
Commissioner of Ontario refers a matter back to the Commissioner. New
section
223.4.0.4 of the Act sets out the consequences where the Integrity Commissioner
of Ontario recommends that a member’s seat be declared vacant, including
requiring the council of the municipality to vote on such recommendation.
Bill 241 2024
Act to amend the City of Toronto Act, 2006 and the Municipal Act, 2001 in
relation to codes of conduct
CONTENTS
Contents
of this Act
Commencement
Short
title
Schedule 1
City
of Toronto Act, 2006
Schedule 2
Municipal
Act, 2001
His
Majesty, by and with the advice and consent of the Legislative Assembly of the
Province of Ontario, enacts as follows:
Contents
of this Act
1 This Act consists of this section, sections 2 and 3 and the Schedules
to this Act.
Commencement
(1) Except as otherwise provided in this section,
this Act comes into force on the day it receives Royal Assent.
(2) The
Schedules to this Act come into force as provided in each Schedule.
(3) If
a
Schedule to this Act provides that any of its provisions are to come into force
on a day to be named by proclamation of the Lieutenant Governor, a proclamation
may apply to one or more of those provisions, and proclamations may be issued at
different times with respect to any of those provisions.
Short
title
3 The
short title of this Act is the Municipal
Accountability Act, 2024 .
SCHEDULE 1
CITY OF TORONTO ACT, 2006
(1) The definition of “code of conduct” in
section 156 of the City of Toronto Act, 2006 is repealed and the following
substituted:
“code
of conduct” means the code of conduct prescribed under
section 157; (“code de
déontologie”)
(2) Section
156 of the Act is amended by adding the following
definitions:
“Integrity
Commissioner” means the Integrity Commissioner appointed by the City under
section 158 and “Commissioner” has the same meaning; (“commissaire à
l’intégrité”)
“Integrity
Commissioner of Ontario” means the Integrity Commissioner appointed under the Members’ Integrity Act, 1994 ; (“commissaire à l’intégrité
de l’Ontario”)
Section 157 of the Act is repealed and the following substituted:
Code
of conduct
(1) The
Lieutenant Governor in Council may make regulations,
(
a) prescribing
a code of conduct for members of city council and of local boards (restricted
definition) and requiring such members to comply with the code of conduct;
(
b) requiring
the Commissioner to provide education or training on the code of conduct to
members of city council and of local boards (restricted definition);
(
c) requiring
each member of city council and of a local board (restricted definition) to
take the education and training relating to the code of conduct provided by the
Commissioner;
(
d) requiring
the Commissioner to hold meetings with members of city council and of local
boards (restricted definition) regarding the matters and in the circumstances
specified in the regulations and prescribing the time and form of such
meetings;
(
e) providing
for such other matters that, in the opinion of the Lieutenant Governor in
Council, are necessary or desirable in relation to the code of conduct.
Transition
(2) A
code of conduct established by the City under
section 157 as it read before
section 2 of
Schedule 1 to the Municipal Accountability
Act, 2024 came into force is of no force and effect.
The Act is amended by adding the following section:
Integrity
Commissioner of Ontario
159.1
(1) The
Integrity Commissioner of Ontario shall perform the following functions:
1. Advise
the City, on request, about the independence of a person being considered for
appointment as the Commissioner, including whether the person has a conflict of
interest.
2. Provide
the prescribed education and training to the Commissioner as specified in the
regulations.
3. Provide
the prescribed information to the City about the status of the Commissioner’s
training and education.
4. Conduct
inquiries under
section 160.0.2.
5. Any
additional functions prescribed by the Minister of Municipal Affairs and
Housing.
Confidentiality
(2) The
Integrity Commissioner of Ontario and every person acting under their
instructions shall preserve secrecy with respect to all matters that come to
their knowledge in the course of their duties under this Part.
Exception
(3) Despite
subsection (2), information may be disclosed,
(
a) by
the member, or with their consent;
(
b) in
a criminal proceeding, as required by law; or
(
c) as
otherwise permitted in accordance with this Act.
Freedom
of Information and Protection of Privacy Act
(4) Subsection
(2) prevails over the Freedom of Information and
Protection of Privacy Act .
Regulations
(5) The
Minister of Municipal Affairs and Housing may make regulations,
(
a) prescribing
education or training that the Integrity Commissioner of Ontario is required to
provide under paragraph 2 of subsection (1) and the manner and timing in which
the education or training is to be provided;
(
b) prescribing
the information the Integrity Commissioner of Ontario must provide to the City
for the purposes of paragraph 3 of subsection (1); and
(
c) prescribing
additional functions for the purposes of paragraph 5 of subsection (1),
including any conditions or limitations on those functions.
Section 160 of the Act is amended by adding the following subsection:
Regulations
(10) The
Minister of Municipal Affairs and Housing may make regulations prescribing content
requirements, standards and process requirements for inquiries conducted under
this section, including prescribing,
(
a) the
manner in which complaints shall be provided to the Commissioner; and
(
b) the
types of complaints in respect of which the Commissioner may refuse to conduct
or continue an inquiry.
The Act is amended by adding the following sections:
Commissioner’s
recommendation
160.0.1
(1) O n completion of an inquiry conducted
under
section 160, the Commissioner may make a recommendation to the Integrity
Commissioner of Ontario that the seat of a member of city council or of a
local board (restricted definition) be declared vacant if the Commissioner is
of the opinion that all of the following criteria are met:
1. The
member has contravened the code of conduct.
2. The
contravention is of a serious nature.
3. The
member’s conduct that is the subject of the inquiry has resulted in harm to the
health, safety or well-being of any person.
4. The
penalties set out in subsection 160 (5) are insufficient to address the
contravention or to ensure that the contravention is not repeated.
Same
(2) In
considering whether the contravention is of a serious nature for the purposes
of paragraph 2 of subsection (1), the Commissioner may consider, among other
matters, whether the contravention is a repeated contravention.
recommendation during election period
(3) No
recommendation under subsection (1) shall be made 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.
Limitation
(4) No
recommendation under subsection (1) shall be made after the sixth anniversary
of the contravention.
Regulations
(5) The Minister of
Municipal Affairs and Housing may make regulations prescribing content
requirements, standards and process requirements for recommendations under this
section.
Inquiry
by Integrity Commissioner of Ontario
160.0.2
(1) Where the Integrity Commissioner
of Ontario receives a recommendation from the Commissioner under
section 160.0.1
with respect to a member of city council or of a local board (restricted
definition), the Integrity Commissioner of Ontario shall conduct an inquiry to
determine whether the conduct of the member meets all of the criteria set out
in subsection 160.0.1 (1).
Considerations
(2) In
making a determination under subsection (1), the Integrity Commissioner of
Ontario may consider, among other matters, whether,
(
a) the
contravention negatively impacts public confidence in the ability of the member
to discharge their duties; and
(
b) the
contravention negatively impacts public confidence in the ability of city council
or the local board (restricted definition) to fulfil its role, including by
meeting its statutory obligations.
Powers
under Public Inquiries Act, 2009
(3) In
conducting an inquiry under subsection (1), the Integrity Commissioner of
Ontario may elect to exercise the powers under sections 33 and 34 of the Public Inquiries Act, 2009 , in which case those sections
apply to the inquiry.
Decision
on completion of inquiry
(4) On
completion of an inquiry under subsection (1), the Integrity Commissioner of
Ontario shall take the following actions in the following circumstances:
1. If
the Integrity Commissioner of Ontario determines that the member’s conduct does
not meet all of the criteria set out in subsection 160.0.1 (1), the Integrity
Commissioner of Ontario shall refer the matter back to the Commissioner.
2. If
the Integrity Commissioner of Ontario determines that the member’s conduct does
meet all of the criteria set out in subsection 160.0.1 (1), the Integrity
Commissioner of Ontario shall make a report to city council recommending that city
council declare the member’s seat vacant.
Limitation
( 5) If the
Integrity Commissioner of Ontario has not completed an inquiry under subsection
(1) before nomination day for a regular
election, as set out in
section 31 of the Municipal
Elections Act, 1996 , the Integrity Commissioner of Ontario shall
terminate the inquiry on that day.
Commencement
of another inquiry
(6) If
an inquiry is terminated under subsection (5), the Integrity Commissioner of
Ontario shall not commence another inquiry in respect of the matter unless,
within six weeks after voting day in a regular election, as set out in
section
5 of the Municipal Elections Act, 1996 , the
Commissioner makes a written request to the Integrity Commissioner of Ontario
that the inquiry be commenced.
Consequences
of referral to Commissioner
160.0.3
(1) If a matter in respect of a
member of city council or of a local board (restricted definition) is referred
back to the Commissioner under paragraph 1 of subsection 160.0.2 (4), the
Commissioner shall consider the matter and make a report to city council or the
local board (restricted definition) with respect to whether the penalties
described in subsection 160 (5) should be imposed on the member.
Same
(2) On
receiving a report made under subsection (1), city council may impose either of
the penalties described in subsection 160 (5) on the member.
Same
(3) On
receiving a report made under subsection (1), the local board (restricted
definition) may impose either of the penalties described in subsection 160
(5) on the member if city council has not imposed a penalty on the member under
subsection (2) in respect of the same contravention.
Regulations
(4) The
Minister of Municipal Affairs and Housing may make regulations prescribing
content requirements, standards and process requirements for reports under this
section.
Consequences
of recommendation to declare seat vacant
160.0.4
(1) Within 30 days of receiving a
recommendation from the Integrity Commissioner of Ontario under paragraph 2 of
subsection 160.0.2 (4), city council shall vote to determine whether to approve
the Integrity Commissioner of Ontario’s recommendation.
Vote
(2) A
recommendation referred to in subsection (1) shall be approved only if all
members of city council, other than the members referred to in subsection
(3) who are excluded from taking
part in the vote, vote in favour of the
recommendation.
Excluded
Members
(3) The
following members of city council are excluded from taking
part in a vote for
the purposes of subsection (2):
1. A
member who is the subject of the inquiry.
2. A
member who is not present at the meeting, and
i. has
been authorized to be absent by a resolution of city council, or
ii. is
on a pregnancy leave or parental leave.
3. A
member who has any pecuniary interest, direct or indirect, as described in
section 5, 5.2 or 5.3 of the Municipal Conflict of
Interest Act .
Same
(4) Despite
paragraph 1 of subsection (3) and sections 5, 5.2 and 5.3 of the Municipal Conflict of Interest Act , the member who is the
subject of the recommendation may take
part in the discussion of the matter,
including making submissions to city council, and may attempt to influence the
voting in respect of the matter, whether before, during or after the meeting,
however, the member is not permitted to vote in respect of the matter.
Consequences
of approval of recommendation
(5) If
city council approves the recommendation under subsection (1),
(
a) the
member of city council or of the local board (restricted definition) is removed
from their seat and the seat is declared vacant; and
(
b) the
member is disqualified from being a member of city council and of any local
boards (restricted definition) for the four-year period beginning when the seat
is declared vacant.
vacancy or penalty
(6) If
city council does not approve the recommendation under subsection (1),
(
a) the
member of city council or of the local board (restricted definition) is not
removed from their seat and the seat is not declared vacant; and
(
b) the
city council and the local board (restricted definition) cannot impose the
penalties described in subsection 160 (5).
Dual
vacancies
(7) If
a person holds a seat on city council and is a member of a local board
(restricted definition) and one of those seats is declared vacant under this
section, the other seat is deemed to be vacant.
Regulations
160.0.5 The Minister of Municipal Affairs and Housing
may make regulations governing transitional matters that arise out of the
implementation of sections 160.0.1 to 160.0.4.
Subsection 161 (2.3) of the Act is amended by striking out “or” the end of
clause (b), by adding “or” at the end of clause (
c) and by adding the following
clause:
(
d) in
a recommendation to the Integrity Commissioner of Ontario under
section
160.0.1.
Section 183 of the Act is repealed and the following substituted:
Regulations
183 The Minister of Municipal Affairs and Housing may make
regulations,
(
a) prescribing
local boards for the purposes of the definition of “local board (restricted
definition)” in
section 156;
(
b) requiring
the Commissioner to take the education and training specified in the
regulations and providing for when and how such education and training must be
taken;
(
c) requiring
the Commissioner to provide reports or information and governing such reports
or information, including specifying the time and manner for providing such
reports or information and specifying the persons to whom the reports or
information must be provided;
(
d) requiring
the City or local boards (restricted definition) to provide reports or
information relating to this Part to the public and governing such reports or
information.
Paragraph 1 of subsection 208 (3) of the Act is amended by striking out
“section 207” in the portion before subparagraph i and substituting “section
160.0.4 or 207”.
Public
Inquiries Act, 2009
9 Clause 34 (2) (
a) of the Public
Inquiries Act, 2009 is amended by striking out “160 (2)” and
substituting “160 (2), 160.0.2 (3)”.
Commencement
10 This
Schedule comes into force on a day to be named by
proclamation of the Lieutenant Governor.
SCHEDULE 2
MUNICIPAL ACT, 2001
(1) The definition of “code of conduct” in
section 223.1 of the Municipal Act, 2001 is repealed and the following
substituted:
“code
of conduct” means the code of conduct prescribed under
section 223.2; (“code de
déontologie”)
(2) Section
223.1 of the Act is amended by adding the following
definitions:
“Integrity
Commissioner” means an Integrity Commissioner appointed by a municipality under
section 223.3 and “Commissioner” has the same meaning; (“commissaire à
l’intégrité”)
“Integrity
Commissioner of Ontario” means the Integrity Commissioner appointed under the Members’ Integrity Act, 1994 ; (“commissaire à l’intégrité
de l’Ontario”)
Section 223.2 of the Act is repealed and the following substituted:
Code
of conduct
223.2
(1) The Lieutenant Governor in
Council may make regulations,
(
a) prescribing
a code of conduct for members of councils of municipalities and of local boards
and requiring such members to comply with the code of conduct;
(
b) requiring
Commissioners to provide education or training on the code of conduct to
members of councils and of local boards;
(
c) requiring
each member of council and of a local board to take the education and training
relating to the code of conduct provided by a Commissioner;
(
d) requiring
Commissioners to hold meetings with members of councils and of local boards
regarding the matters and in the circumstances specified in the regulations and
prescribing the time and form of such meetings;
(
e) providing
for such other matters that, in the opinion of the Lieutenant Governor in
Council, are necessary or desirable in relation to the code of conduct.
Transition
(2) A
code of conduct established by a municipality under
section 223.2 as it read before
section 2 of
Schedule 2 to the Municipal Accountability
Act, 2024 came into force is of no force and effect.
The Act is amended by adding the following section:
Integrity
Commissioner of Ontario
223.3.1
(1) The Integrity Commissioner of
Ontario shall perform the following functions:
1. Advise
municipalities, on request, about the independence of a person being considered
for appointment as a Commissioner, including whether the person has a conflict
of interest.
2. Provide
the prescribed education and training to Commissioners as specified in the
regulations.
3. Provide
the prescribed information to a municipality about the status of each
Commissioner’s training and education.
4. Conduct
inquiries under
section 223.4.0.2.
5. Any
additional functions prescribed by the Minister.
Confidentiality
(2) The
Integrity Commissioner of Ontario and every person acting under their
instructions shall preserve secrecy with respect to all matters that come to
their knowledge in the course of their duties under this Part.
Exception
(3) Despite
subsection (2), information may be disclosed,
(
a) by
the member, or with their consent;
(
b) in
a criminal proceeding, as required by law; or
(
c) as
otherwise permitted in accordance with this Act.
Freedom
of Information and Protection of Privacy Act
(4) Subsection
(2) prevails over the Freedom of Information and
Protection of Privacy Act .
Regulations
(5) The
Minister may make regulations,
(
a) prescribing
education or training that the Integrity Commissioner of Ontario is required to
provide under paragraph 2 of subsection (1) and the manner and timing in which
the education or training is to be provided;
(
b) prescribing
the information the Integrity Commissioner of Ontario must provide to a
municipality for the purposes of paragraph 3 of subsection (1); and
(
c) prescribing
additional functions for the purposes of paragraph 5 of subsection (1),
including any conditions or limitations on those functions.
Section 223.4 of the Act is amended by adding the following subsection:
Regulations
(10) The
Minister may make regulations prescribing content requirements, standards and
process requirements for inquiries conducted under this section, including
prescribing,
(
a) the
manner in which complaints shall be provided to Commissioners; and
(
b) the
types of complaints in respect of which Commissioners may refuse to conduct or
continue an inquiry.
The Act is amended by adding the following sections:
Commissioner’s
recommendation
223.4.0.1
(1) O n completion of an
inquiry conducted under
section 223.4, the Commissioner may make a
recommendation to the Integrity Commissioner of Ontario that the seat of a
member of council or of a local board be declared vacant if the Commissioner is
of the opinion that all of the following criteria are met:
1. The
member has contravened the code of conduct.
2. The
contravention is of a serious nature.
3. The
member’s conduct that is the subject of the inquiry has resulted in harm to the
health, safety or well-being of any person.
4. The
penalties set out in subsection 223.4 (5) are insufficient to address the
contravention or to ensure that the contravention is not repeated.
Same
(2) In
considering whether the contravention is of a serious nature for the purposes
of paragraph 2 of subsection (1), the Commissioner may consider, among other
matters, whether the contravention is a repeated contravention.
recommendation during election period
(3) No
recommendation under subsection (1) shall be made 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.
Limitation
(4) No
recommendation under subsection (1) shall be made after the sixth anniversary
of the contravention.
Regulations
(5) The Minister may make
regulations prescribing content requirements, standards and process
requirements for recommendations under this section.
Inquiry
by Integrity Commissioner of Ontario
223.4.0.2
(1) Where the Integrity
Commissioner of Ontario receives a recommendation from a Commissioner under
section 223.4.0.1 with respect to a member of council or of a local board, the
Integrity Commissioner of Ontario shall conduct an inquiry to determine whether
the conduct of the member meets all of the criteria set out in subsection
223.4.0.1 (1).
Considerations
(2) In
making a determination under subsection (1), the Integrity Commissioner of
Ontario may consider, among other matters, whether,
(
a) the
contravention negatively impacts public confidence in the ability of the member
to discharge their duties; and
(
b) the
contravention negatively impacts public confidence in the ability of the
council or local board to fulfil its role, including by meeting its statutory
obligations.
Powers
under Public Inquiries Act, 2009
(3) In
conducting an inquiry under subsection (1), the Integrity Commissioner of
Ontario may elect to exercise the powers under sections 33 and 34 of the Public Inquiries Act, 2009 , in which case those sections
apply to the inquiry.
Decision
on completion of inquiry
(4) On
completion of an inquiry under subsection (1), the Integrity Commissioner of
Ontario shall take the following actions in the following circumstances:
1. If
the Integrity Commissioner of Ontario determines that the member’s conduct does
not meet all of the criteria set out in subsection 223.4.0.1 (1), the Integrity
Commissioner of Ontario shall refer the matter back to the Commissioner.
2. If
the Integrity Commissioner of Ontario determines that the member’s conduct does
meet all of the criteria set out in subsection 223.4.0.1 (1), the Integrity
Commissioner of Ontario shall make a report to the municipality recommending
that the municipality declare the member’s seat vacant.
Limitation
( 5) If the
Integrity Commissioner of Ontario has not completed an inquiry under subsection
(1) before nomination day for a regular
election, as set out in
section 31 of the Municipal
Elections Act, 1996 , the Integrity Commissioner of Ontario shall
terminate the inquiry on that day.
Commencement
of another inquiry
(6) If
an inquiry is terminated under subsection (5), the Integrity Commissioner of
Ontario shall not commence another inquiry in respect of the matter unless,
within six weeks after voting day in a regular election, as set out in
section
5 of the Municipal Elections Act, 1996 , the
Commissioner makes a written request to the Integrity Commissioner of Ontario
that the inquiry be commenced.
Consequences
of referral to Commissioner
223.4.0.3
(1) If a matter in respect of
a member of council or of a local board is referred back to the Commissioner
under paragraph 1 of subsection 223.4.0.2 (4), the Commissioner shall consider
the matter and make a report to the municipality or local board with respect to
whether the penalties described in subsection 223.4 (5) should be imposed on
the member.
Same
(2) On
receiving a report made under subsection (1), the municipality may impose
either of the penalties described in subsection 223.4 (5) on the member.
Same
(3) On
receiving a report made under subsection (1), the local board may impose either
of the penalties described in subsection 223.4 (5) on the member if a
municipality has not imposed a penalty on the member under subsection (2) in respect
of the same contravention.
Regulations
(4) The
Minister may make regulations prescribing content requirements, standards and
process requirements for reports under this section.
Consequences
of recommendation to declare seat vacant
223.4.0.4
(1) Within 30 days of
receiving a recommendation from the Integrity Commissioner of Ontario under
paragraph 2 of subsection 223.4.0.2 (4), the council of the municipality shall
vote to determine whether to approve the Integrity Commissioner of Ontario’s
recommendation.
Vote
(2) A
recommendation referred to in subsection (1) shall be approved only if all
members of council, other than the members referred to in subsection (3) who
are excluded from taking
part in the vote, vote in favour of the
recommendation.
Excluded
members
(3) The
following members of council are excluded from taking
part in a vote for the
purposes of subsection (2):
1. A
member who is the subject of the inquiry.
2. A
member who is not present at the meeting, and
i. has
been authorized to be absent by a resolution of council, or
ii. is
on a pregnancy leave or parental leave.
3. A
member who has any pecuniary interest, direct or indirect, as described in
section 5, 5.2 or 5.3 of the Municipal Conflict of
Interest Act .
Same
(4) Despite
paragraph 1 of subsection (3) and sections 5, 5.2 and 5.3 of the Municipal Conflict of Interest Act , the member who is the
subject of the recommendation may take
part in the discussion of the matter,
including making submissions to council, and may attempt to influence the
voting in respect of the matter, whether before, during or after the meeting,
however, the member is not permitted to vote in respect of the matter.
Consequences
of approval of recommendation
(5) If
the council of the municipality approves the recommendation under subsection
(1),
(
a) the
member of council or of the local board is removed from their seat and the seat
is declared vacant; and
(
b) the
member is disqualified from being a member of council or of any local board of
the municipality for the four-year period beginning when the seat is declared
vacant.
vacancy or penalty
(6) If
the council of the municipality does not approve the recommendation under
subsection (1),
(
a) the
member of council or of the local board is not removed from their seat and the
seat is not declared vacant; and
(
b) the
municipality and the local board cannot impose the penalties described in
subsection 223.4 (5).
Dual
vacancies
(7) If
a person holds a seat on the council of a local municipality and its upper-tier
municipality and one of those seats is declared vacant under this section, the
other seat is deemed to be vacant.
Same
(8) If
a person holds a seat on council and is a member of a local board of the
municipality and one of those seats is declared vacant under this section, the
other seat is deemed to be vacant.
Multiple
vacancies
(9) If
a person holds a seat on the council of a local municipality and its upper-tier
municipality and holds a seat on a local board of one of those municipalities
and one of the seats is declared vacant, all of the seats are deemed to be
vacant.
Regulations
223.4.0.5 The Minister may make regulations
governing transitional matters that arise out of the implementation of sections
223.4.0.1 to 223.4.0.4.
Subsection 223.5 (2.3) of the Act is amended by striking out “or” the end of
clause (b), by adding “or” at the end of clause (
c) and by adding the following
clause:
(
d) in
a recommendation to the Integrity Commissioner of Ontario under
section
223.4.0.1.
Section 223.24 of the Act is repealed and the following substituted:
Regulations
223.24 The Minister may make regulations,
(
a) prescribing
local boards for the purposes of the definition of “local board” in
section
223.1;
(
b) requiring
Commissioners to take the education and training specified in the regulations
and providing for when and how such education and training must be taken;
(
c) requiring
Commissioners to provide reports or information and governing such reports or
information, including specifying the time and manner for providing such
reports or information and specifying the persons to whom the reports or
information must be provided;
(
d) requiring
municipalities or local boards to provide reports or information relating to
this Part to the public and governing such reports or information.
Paragraph 1 of subsection 263 (5) of the Act is amended by striking out
“section 262” in the portion before subparagraph i and substituting “section
223.4.0.4 or 262”.
Public
Inquiries Act, 2009
9 Clause 34 (2) (
c) of the Public
Inquiries Act, 2009 is amended by striking out “223.4 (2)” and
substituting “223.4 (2), 223.4.0.2 (3)”.
Commencement
10 This
Schedule comes into force on a day to be named by
proclamation of the Lieutenant Governor.
Date Bill stage Event Outcome Committee
December 12, 2024
First Reading
Ordered referred to Standing Committee
Standing Committee on Heritage, Infrastructure and Cultural Policy
December 12, 2024
First Reading
Order for Second Reading discharged pursuant to Standing Order 77(
a) December 12, 2024
First Reading
Ordered for Second Reading
December 12, 2024
First Reading
Vote
Carried
First Reading
December 12, 2024
Carried
Ordered for Second Reading
December 12, 2024
Order for Second Reading discharged pursuant to Standing Order 77(
a) Ordered referred to Standing Committee
Standing Committee on Heritage, Infrastructure and Cultural Policy