Code of Conduct Policy for Members of Council and Local Boards (By-law No. 23-2019)
North Huron, Ontario
· adopted 2019-03-04
This is the exact embedded text of the captured official document.
Snapshot 7f345bb0a2b9 · verified 2026-06-10 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
The Corporation of the Township of North Huron
By-law No. 23-2019
A by-law to adopt a Code of Conduct Policy for Members of Council and Local Boards
for the Township of North Huron.
This accessible version of this by-law is printed under the authority of the Council of the
Township of North Huron.
Printing Date: January 25, 2023
Disclaimer:
The following version is an electronic reproduction made available for information only.
It is not an official version of the by-law. The format may be different, and plans,
pictures, other graphics or text may be missing or altered. The Township of North
Huron does not warrant the accuracy of this electronic version. This consolidation
cannot be distributed or used for commercial purposes. It may be used for other
purposes only if you repeat this disclaimer and the notice of copyright. Official versions
of all by-laws can be obtained from the Clerk's Department by calling 519-357-3550.
THE CORPORATION OF THE
TOWNSHIP OF NORTH HURON
BY-LAW NO. 23-2019
______________________________________________________________________
A by-law to adopt a Code of Conduct Policy for Members of Council and Local
Boards
______________________________________________________________________
WHEREAS Section 5 (3) of the Municipal Act 2001, S.O. 2001, c.25, as amended
provides that municipal power shall be exercised by by-law;
AND WHEREAS the Council of the Corporation of the Township of North Huron deems
it expedient to adopt a Code of Conduct Policy for Members of Council and Local Boards;
NOW THEREFORE, the Council of the Corporation of North Huron enacts as follows:
1. That the "Code of Conduct Policy for Members of Council and Local Boards"
attached hereto as "Schedule A" is hereby adopted.
2. That By-law No. 72-2013 is hereby repealed.
3. This by-law shall come into force and take effect on the day of the final passing
thereof.
READ A FIRST AND SECOND TIME THIS 4TH DAY OF MARCH, 2019.
READ A THIRD TIME AND PASSED THIS 4TH DAY OF MARCH, 2019.
_____________________
Bernie Bailey, Reeve
CORPORATE SEAL
______________________
Dwayne Evans, CAO/Clerk
THE CORPORATION
OF THE
TOWNSHIP
OF NORTH HURON
CODE OF CONDUCT
FOR MEMBERS
OF COUNCIL AND
LOCAL BOARDS
1. 0
Application & Purpose
1.
1
This Code of Conduct applies to all Members of the Council of the Township
of
North
Huron
including
the
Reeve
and, unless
specifically
provided, with
necessary
modifications
to
all Township
committees,
agencies,
boards
and
commissions,
which
are defined
as
local boards in
subsection
1(
1)
and
section
223. 1 of the Municipal Act, 2001
1. 2
The purpose of this Code of Conduct is to establish a general standard to ensure
that all Members share a common basis for acceptable conduct, and to which all
Members
are expected
to
adhere
to and
comply
with
This Code of Conduct
augments
other laws which
Members
are governed
by and which
requires
Members
to follow the Procedural
By- law and other sources
of applicable
law,
including but not limited to.
Municipal Act, 2001
Municipal Conflict of Interest Act
Municipal
Elections
Act, 1996
Municipal Freedom of Information and Protection of Privacy Act
Human Rights Code
Occupational Health and Safety Act
Provincial Offences Act
Cnminal
Code
2. 0
Statement of Principles
2
1
This Code of Conduct
is intended to set a high standard of conduct for Members
in order to provide good governance
and a high level of public confidence
in the
administration
of
the
Township
by
its
Members
as
duly
elected
public
representatives
to ensure that they each operate from a foundation of integrity,
transparency, justice, truth, honesty and courtesy
2 2
The following
key statements
of principle
are intended
to guide Members
and
assist with the interpretation
of the Code of Conduct:
Members shall serve and be seen to serve the public in a conscientious and
diligent manner;
Members
shall observe
and act with the highest standard
of ethical conduct
and integrity,
Members shall avoid the improper use of the influence of their office and act
without self-interest,
Members shall act and are expected to perform their functions with honesty,
integrity, accountability and transparency,
Members shall perform their duties and arrange their private affairs in a manner
that promotes public confidence and that will bear close public scrutiny,
Members shall be cognizant that they are at all times representatives of the
Township
and
of
Council, recognize
the
importance
of their
duties
and
responsibilities, take into account the public character of their function, and
maintain and promote the public trust in the Township; and
Members shall uphold the spirit and the letter of the laws of Canada, Ontario
and the laws and policies adopted by Council
The
above
statements
are
key
principles
that are
intended
to facilitate
an
understanding, application
and
interpretation
of the
Code
of Conduct -- the
principles are not operative provisions of the Code of Conduct and are not intended
to be enforced independently as such
3. 0
Definitions
3
1
The following terms shall have the following meanings in this Code of Conduct
a) "
Chief Administrative Officer" means the Chief Administrative Officer of the
Township;
b) "
child" means
a child
born
within
or outside
marriage
and
includes
an
adopted child and a person whom a parent has demonstrated
a settled
intention to treat as a child of his or her family;
c) "
confidential
information" means
information
or
records
that
are
in
the
possession, in the custody or under the control of the Township that the
Township is either precluded from disclosing under the Municipal Act,
2001
or other
applicable
legislation, its Procedural
By- law or any of its
other by- laws, policies, rules or procedures, or that it is required to refuse
to disclose under the Municipal Freedom of Information and Protection of
Privacy Act or other legislation,
d) "
conflict of interest" means a situation
in which a Member has competing
interests
or loyalties
between
the Member' s personal
or private
interests
and his or her public interests as an elected representative such that it might
influence his or her decision in a particular a matter;
e) "
Council" means the council for the Township and includes, as the context
may require and with all necessary modifications, any Township committee,
agency, board or commission, which
are defined
as local boards
in the
Municipal
Act, 2001,
f) "
fiduciary" means the obligation of a person in a position of authority to act
on behalf of another, assuming
a duty to act in good faith and with care,
candour and loyalty in fulfilling this obligation,
g) "
frivolous" means of little or no weight, worth, importance or any need of
serious
notice,
h) "
local
board" means
any Township
committee, agency, board or commission,
which
is
a local
board
as defined
in
subsection
1(
1)
and
section
223
1
of the
Municipal Act, 2001 and includes a joint board,
i) "
meeting"
means
a
regular, special
or other
meeting
of Council
or
a
committee of Council where.
i)
a quorum of Members is present, and
ii)
Members discuss or otherwise deal with any matter in a way that
materially advances the business or decision- making of Council,
J) "
Member" means a Member of the Council for the Township or a member
of a local board, including a member of a joint board if appointed
by the
Council;
k) "
non- pecuniary interest" means a private or personal interest that a Member
may have that is non-financial in nature and that would be considered by a
reasonable
person, apprised of all the circumstances, as being likely to
influence the Member' s decision in any matter in which the non- pecuniary
interest arises, and may include, but is not limited to, an interest that arises
from a relationship with a person or entity,
I) "
parent" means a person who has demonstrated a settled intention to treat
a child as a member of his or her family whether or not that person is the
natural parent of the child;
m) "
Reeve" means the head of Council for the Township,
n) "
spouse" means a person to whom the person is married or with whom the
person is living in a conjugal relationship outside marriage,
o) "
staff' means
the
Chief Administrative
Officer
and
all officers, directors,
managers, supervisors and all non- union and
union staff, whether full- time,
part-time, contract, seasonal or volunteer, as well as agents and consultants
acting in furtherance of the Township' s business and interest;
p) "
Township" means The Corporation of the Township of North Huron; and
q) "
vexatious" means troublesome or annoying in the case of being instituted
without
sufficient
grounds
and
serving
only
to
cause
irritation
and
aggravation to the person being complained of
4. 0
General Obligations
4
1
In all respects, a Member shall.
a) make every effort to act with good faith and care,
b)
conduct themself with integrity, courtesy and respectability at all meetings
of the Council or any committee and in accordance with the Township' s
Procedural
By- law or other applicable procedural rules and policies;
c) seek to advance the public interest with honesty;
d)
seek to serve their constituents
is a conscientious
and diligent
manner;
e) respect the individual rights, values, beliefs and personality traits of any
other person, recognizing that all persons are entitled to be treated equally
with dignity and respect for their personal status regarding gender, sexual
orientation, race, creed, religion, ability and spirituality,
f) refrain from making
statements
known to be false or with the intent to
mislead Council or the public;
g)
recognize that they are representatives of the Township and that they owe
a duty of loyalty to the residents of the Township at all times,
h)
accurately communicate the decisions of Council and respect Council' s
decision- making process even
if they disagree with Council' s ultimate
determinations
and rulings, and
i)
respect
that
official
information
relating
to
decisions
made
by
the
municipality should be communicated
in the first instance to the community
and the media in an official capacity by the Reeve and/or designate;
U)
refrain from making disparaging comments about another Member and/ or
staff
or
unfounded
accusations
about
the
motives
of
another
Member
and/ or staff,
k)
refrain from acting as a paid agent of the municipality ( committee, agency,
board
or commission);
5. 0
The Role of Staff
5
1
Council as a whole approves the budget, policies and governance of the Township
through its by- laws and resolutions
An individual
Member does not direct nor
oversee the functions of the staff of the Township.
5 2
The Township' s staff
serve
Council
and
work for
the
Township
as a body
corporate under the direction of the Chief Administrative Officer
Inquiries of staff
from
Members
should
be directed
to the Chief Administrative
Officer
or to the
appropriate senior staff as directed by the Chief Administrative Officer
5. 3
A Member shall comply with the Township' s Council and Staff Relationship
Policy
5. 4
A Member shall not publicly criticize staff
If a Member has any issue with respect
to any staff member, such issue shall be referred to the Chief Administrative
Officer who will direct the matter to the particular
staff member' s appropriate
superior
5 5
A Member shall respect the role of staff in the administration
of the business
and
governmental affairs of the Township, and acknowledge and appreciate that staff.
a)
provide advice and
make policy recommendations
in accordance with
their professional ethics, expertise and obligations and that a Member must
not falsely or maliciously injure the reputation of staff members whether
professional or ethical or otherwise;
b)
work within the administration
of justice and that a Member must not make
requests, statements or take actions which may be construed as an attempt
to
influence
the
independent
administration
of justice and, therefore, a
Member
shall
not attempt
to intimidate, threaten, or influence any staff
member
from
carrying
out
that
person' s
duties, including any duty to
disclose improper activity, and
c) carry out
their duties
based
on
political
neutrality
and without
undue
influence from any individual Member and, therefore, a Member must not
invite or pressure any member of staff to engage in partisan political
activities or be subjected to discrimination or reprisal for refusing to engage
in such activities.
6. 0
Township Property
6
1
Council is the custodian of the assets of the Township. The community places its
trust in Council and those it appoints to make decisions for the public good in
relation to these assets
6 2
By virtue of their office or appointment, a Member must not use or permit the use
of the Township' s
land, facilities, equipment, supplies, services, staff or other
resources for activities other than the business of the Township
No Member shall
seek
financial
gain
for themselves, family
or friends
from
the
use
or
sale
of
Township-owned
intellectual
property,
computer
programs,
technological
innovations, or other patent, trademarks or copyright held by the Township
7. 0
Gifts and Benefits
7
1
Any gift to
a
Member
risks
the
appearance
of improper
influence
Gifts may
improperly induce influence or create an incentive for a Member to make decisions
on the basis of relationships rather than in the best interests of the Township A
Member shall not accept a fee, advance, gift, gift certificate, cash, hospitality or
any form of personal benefit connected directly or indirectly with the performance
of his or her duties except as provided in Section
7. 2. A gift, benefit or hospitality
provided with the Member' s knowledge to a Member' s spouse, child, or parent, or
to a Member' s staff that is connected directly or indirectly to the performance of
the Member' s duties is deemed to be a gift to that Member
Any doubt concerning
the propriety of the gift should be resolved
by the Member not accepting or
keeping it
7 2
For greater clarity, despite
Section
7
1,
a Member
is entitled to accept any
compensation, remuneration or benefits authorized by law but shall not accept
any gift or benefit other than in the following circumstances.
a)
such gifts or benefits that normally accompany the responsibilities of office
and are received as an incident of protocol or social obligation;
b)
a political contribution otherwise reported by law, in the case of a Member
running for office,
c)
services provided without compensation by persons volunteering their time,
d)
nominal tokens, mementos or souvenirs received as an incident of protocol
or social obligation that normally accompanies the responsibilities of elected
office or at a function honouring the Member;
e)
food, lodging, transportation
and entertainment
provided
by provincial,
regional and local governments or any agencies or subdivisions of them or
by the federal government
or by a foreign government
within
a foreign
country, or by a conference, seminar or event organizer where the Member
is either speaking or attending in an official capacity as a representative of
the Township,
f) entrance fees or food and beverages consumed at banquets, receptions or
similar events, if
i)
attendance serves a legitimate municipal business purpose related to
the normal business of the Township,
ii)
the
person
extending
the
invitation
or
a
representative
of
the
organization
is in attendance, and
iii) the value is reasonable
and the invitations
are infrequent,
g)
gifts not having a value greater than $ 50. 00,
h)
benefits
received
as
a
door
prize, raffle
or
similar
draw
at
an
event,
conference or seminar attended by the Member, and
I)
any gift or benefit, if the Integrity Commissioner is of the opinion, before the
gift or personal benefit has been accepted, that it is unlikely that receipt of
the gift or benefit gives rise to a reasonable presumption that the gift or
benefit was given in order to influence the Member in the performance of
his or her duties
7. 3
A Member who has received and accepted a gift or benefit pursuant to Section 7 2
a), ( g), ( h) or ( i) shall file a disclosure of the gift or benefit indicating the person,
body or entity from which it was received together with the estimated value of the
gift or benefit in accordance with the Disclosure Statement set out in Appendix "A"
The list shall be provided to the Chief Administrative Officer on an annual basis
commencing
on March 31 of every year and shall be a matter of public record
7 4
A Member shall not seek or obtain by reason of his or her office any personal
privilege or advantage
with respect to municipal
services
not otherwise
available
to the general public and not connected directly or indirectly to the performance of
the Member' s duties.
8. 0
Confidential Information
8. 1
Members receive confidential
information
from a number of sources as part of
their work as elected officials. This includes information received in confidence
by the Township that falls under the privacy provisions of the Municipal Freedom
of Information and Protection of Privacy Act and other applicable privacy laws
and information received during closed meetings of Council. Examples of types
of information that a Member must keep confidential, unless expressly authorized
by Council or as required by law, include, but are not limited to.
a)
matters related to ongoing litigation or negotiation, or that is the subject of
solicitor- client privilege,
b)
information
provided
in
confidence,
for
example
the
identity
of
a
complainant where a complaint is made in confidence,
c) price schedules in contract tender or Request for Proposal submissions if
so specified;
d)
personnel
matters about an identifiable
individual;
e) " personal
information" as defined
in the Municipal Freedom of Information
and Protection of Pnvacy Act; and
f) any census or assessment data that is deemed confidential
8 2
A Member shall not disclose the content of any confidential information, or the
substance of deliberations, of a closed meeting. A Member has a duty to hold
any information
received
at closed
meetings
in strict confidence
for as long and
as broadly as the confidence applies
All confidential documents received at a
closed meeting are to be turned into the Chief Administrative Officer or Clerk at
the end of the closed meeting. A Member shall not, either directly or indirectly,
release, make
public
or
in
any way divulge
any
such
information
or
any
confidential aspect of the closed deliberations to anyone, unless authorized by
Council or as required by law
8 3
A
Member
shall
not
disclose,
use
or
release
confidential
information
in
contravention
of
applicable
privacy
laws
Members
are
only
entitled
to
information in the possession of the Township that is relevant to matters before
the Council, or a committee. Otherwise, Members enjoy the same access rights
to information
as any other member of the community or resident
of the
Township
and must follow the same processes as any private citizen to obtain
such
information
8 4
A Member shall not misuse confidential
information
in any way or manner such
that it may cause detriment to the Township, Council or any other person, or for
financial or other gain for themselves or others
8. 5
A Member
shall
respect
the right to confidentiality
and
privacy
of all clients,
volunteers and staff, and should be aware of their responsibilities under applicable
legislation, Township policies, procedures and rules, ethical standards and, where
appropriate, professional
standards.
8 6
A Member shall not disclose any confidential information received by virtue of his
or her office, even if the Member ceases to be a Member
9. 0
Discrimination and Harassment
9. 1
A Member shall treat all members of the public, one another and staff with respect
and without abuse, bullying or intimidation and ensure that their work environment
is free from discrimination and harassment
9. 2
A
Member
shall
not
use
indecent, abusive
or
insulting
words, phrases
or
expressions toward any member of the public, another Member or staff
A Member
shall
not
make
comments
or
conduct
themselves
in
any
manner
that
is
discriminatory to any individual based on the individual's race, colour, ancestry,
citizenship,
ethnic
origin,
place
of
origin, creed
or
religion, gender, sexual
orientation, marital status, family status, disability, age or record of offences for
which a pardon has not been granted
9 3
A Member shall comply with the Township' s workplace harassment and violence
policy.
10. 0
Improper Use of Influence
10
1
A Member shall not use the influence of their office or appointment for any purpose
other than the exercise
of his or her official duties
in the public interest
10. 2
A Member shall not use the status of their position to influence the decision of
another person to the private advantage or non- pecuniary interest of themselves,
their parents, children or grandchildren, spouse, or friends or associates, or for the
purpose
of creating
a disadvantage
to another
person
or for providing
an
advantage to themselves
11. 0
Conflicts
of Interest
11
1
A
Member
shall
seek
to
avoid
conflicts
of interest, both pecuniary and non-
pecuniary
A Member shall comply with the requirements of the Municipal Conflict
of Interest Act with respect to obligations relating to pecuniary interests
A Member
shall take proactive steps to mitigate any non- pecuniary conflicts of interest in order
to maintain public confidence in the Township and its elected officials
11. 2
Members are encouraged to seek guidance from the Integrity Commissioner when
they become aware that they may have a conflict between their responsibilities to
the public as a Member and any other interest, pecuniary or non- pecuniary.
12. 0
Council Policies and Procedures
12
1
A
Member
shall
observe
and
adhere
to
the
policies, procedures
and
rules
established from time to time by Council
13. 0
Election Activity
13
1
A Member
is required
to conduct
themselves
in accordance
with the Municipal
Elections
Act, 1996 and any Township
policies
pertaining
to elections
The use of
the Township' s resources, both property and staff time, for any election- related
activity
is
strictly
prohibited. Election- related
activity applies
to the Member' s
campaign and any other election campaigns for municipal, provincial or federal
office
14. 0
Respect
for the Code of Conduct
14
1
A Member shall respect the process for complaints made under the Code of
Conduct
or through
any
process
for
complaints
adopted
by the Township. A
Member shall not act in reprisal or threaten reprisal against a person who makes
a complaint
or provides
information
to the
Integrity
Commissioner
during
an
investigation
A
Member
shall
interact
courteously
and
respectfully
with
the
Integrity
Commissioner
and with any person
acting under the direction
of the
Integrity Commissioner.
14. 2
A Member shall cooperate with requests for information during any investigations
or inquiries
under
the Code
of Conduct. A Member shall not destroy or damage
documents or erase electronic communications
or refuse to respond to the Integrity
Commissioner where a complaint has been filed under the Code of Conduct or any
process for complaints
adopted
by the Township
15. 0
Penalties
for Non- Compliance
with the Code of Conduct
15
1
Where Council receives a report from the Integrity Commissioner that there has
been a violation of the Code of Conduct by a Member, Council may impose the
following penalties on the Member.
a)
a reprimand, or
b)
a suspension of the remuneration paid to the Member in respect of his or
her services as a Member for a period up to 90 days
15. 2 Council may, on the basis of a recommendation from the Integrity Commissioner,
also take any or all of the following corrective or remedial actions, and require that
the Member
a)
provide a written or verbal apology;
b)
return property or make reimbursement of its value or of money spent,
c)
be removed from or not be appointed to the membership on a committee of
Council, agency, board or commission;
d)
be removed from or not be appointed as chair of a committee of Council,
agency, board or commission; and
e) comply with any other remedial or corrective action or measure deemed
appropriate by the Integrity Commissioner
16. 0
Legal Fees
16
1
A Member of Council is responsible for his or her own legal costs if he or she
retains a lawyer or paralegal to provide counsel, advice or representation on any
matter related to the Code of Conduct, including, but not limited to, an investigation
and the imposition of penalties or remedial or corrective measures or actions by
the Integrity Commissioner.
17. 0
Complaint
Protocol
17
1
The Complaint
Protocol-- Code of Conduct
is Appendix"
B" to the Code of Conduct
TOWNSHIP
OF NORTH
HURON
CODE OF CONDUCT
FOR MEMBERS
OF COUNCIL AND LOCAL BOARDS
APPENDIX "
A"
DISCLOSURE STATEMENT FOR GIFTS OR BENEFITS
Member' s Name:
Gift Received or Nature of Benefit.
Received From.
Date of Receipt
Value or Estimate of Gift.
Please describe the circumstances
under which the Gift or Benefit was received
Please describe your intentions with respect to the Gift or Benefit.
Do you anticipate transferring the Gift or Benefit described above to the Township or the
local board'?
Yes, immediately
Yes, eventually
No
Member'
s Signature
Date
35005591
1
Township of North Huron
Code of Conduct for Members of Council and Local Boards
Appendix " B"- Complaint Protocol
Part A- Informal Complaint Procedure
1. Any individual who identifies or witnesses' behaviour or activity by a member that
they believe contravenes the Code of Conduct may seek to address the
prohibited behaviour or activity themselves in the following manner by following
the Informal Complain Procedure:
a) Document the incident( s) where the Member may have contravened the Code
of Conduct including dates, times, locations, other persons present, and any
other relevant information;
b) Advise a third party about the concerns regarding the Member' s actions;
c) Advise the Member that the specific provision( s) of the Code of Conduct that
may have been contravened;
d) Encourage the Member to acknowledge and agree to stop the prohibited
behaviour or activity and to undertake to refrain from future occurrences of
the prohibited behaviour or activity;
e) Encourage the Member to acknowledge and agree to stop the prohibited
behaviour or activity and to undertake to refrain from future occurrences of
the prohibited behaviour or activity;
f) Request the Integrity Commissioner to assist in informal discussion of the
alleged complaint with the Member in an attempt to settle or resolve the
issue;
g) If applicable:
a. Confirm to the Member that his or her response is satisfactory, or
b. Advise the Member that his or her response is unsatisfactory;
h) Consider the need to pursue the matter in accordance with the Formal
Complaint Procedure set out in Part B, or in accordance with any other
applicable judicial or quasi-judicial process ore complaint procedure.
2. Individuals are strongly encouraged to pursue the Informal Complaint Procedure
as the first means of remedying behaviour or activity of a Member that they
believe violates that Code of Conduct.
3. With the consent of both the complaining individual and the Member, the Integrity
Commissioner may participate in any informal process. The parties involved are
encouraged to take advantage of the Integrity Commissioner' s potential role as a
mediator/ conciliator of issues relating to a complaint.
4. The Informal Complaint Procedure is not a recondition or a prerequisite to
pursuing the Formal Complaint Procedure related to the Code of Conduct set out
in Part B.
Part B- Formal Complaint Procedure
Formal Complaints
1) Any individual who identifies or witnesses' behaviour or activity by a Member that
they reasonable believe contravenes the Code of Conduct may file a formal
complaint to request an inquiry by the Integrity Commissioner to as to whether a
Member has contravened to Code of Conduct in accordance with the following
requirements:
a) All complaints shall be in writing on the prescribed form (Formal Complaint
Form # 1) and shall be dated and signed by an identifiable individual;
b) The complaint must set out reasonable and probable grounds for the
allegation that the Member has contravened the Code of Conduct must be
accompanied by a supporting sworn affidavit setting out the evidence in full in
support of the allegation; and
c) Council may also file a complaint against any of its Members of an alleged
contravention of the Code of Conduct by passing a resolution requesting the
Integrity Commissioner to undertake an inquiry.
2) An elector, as defined in Section 1 of the Municipal Conflict of Interest Act, or a
person demonstrably acting in the public interest ( collectively, a "complainant")
may file a formal request that the Integrity Commissioner carry out an inquiry
concerning an alleged contravention of Section 5, 5.1 or 5.2 of that Act by a
Member in accordance with the following requirements:
a) All requests ( also referred to as "complaints") shall be in writing on the
prescribed form (Formal Complaint Form # 2) dated and signed by an
identifiable individual
b) the request shall include a statutory declaration attesting to the fact that:
i)
the complainant became aware of the contravention not more than
six (6) weeks before the date of the complaint, or
ii)
in the case where the complainant became aware of the alleged
contravention
during the period of time described
in paragraph
1 of
subsection 223.4.1(5) of the Municipal Act, 2001, that the complainant
became aware of the alleged contravention during that period of time;
c) Council may also pass a resolution requesting the Integrity Commissioner to
undertake an inquiry respecting an alleged contravention of sections 5, 5.1 or
5.2 of the Municipal Conflict of Interest Act by a Member and provide a statutory
declaration as required by Section 1(2).
3) Individuals, electors or persons demonstrably acting in the public interest who file
a formal complaint under Sections 1(1) or 1(2) must provide a full and complete
record of evidence to the Integrity Commissioner
who is under no obligation
whatsoever to, but may, seek additional information to supplement or complete the
evidentiary record to substantiate or support the allegations set out in the complaint
or request.
Filing of Complaint and Classification by Integrity Commissioner
2. ( 1) The complaint may be filed with the Chief Administrative Officer by hard
copy or directly with Integrity Commissioner by a sealed hard copy or by e-mail
to the email address( es) set out on the Township' s website.
2) The Integrity Commissioner shall initially classify the complaint to determine
if the matter is, on its face, a complaint with respect to non-compliance with the
Code of Conduct
and not covered by other legislation
or other Council
procedures, policies or rules as set out in Section 3 or whether it is a request
under sections 5, 5.1 or 5.2 of the Municipal Conflict of Interest Act.
Complaints Outside Integrity Commissioner' s Jurisdiction
3. If the complaint, including the supporting affidavit, is not, on its face, a complaint
with respect to non-compliance with the Code of Conduct or the complaint
relates to matters addressed by other legislation under another Township
procedure, policy or rule or request in relation to sections 5, 5.1 or 5.2 of the
Municipal Conflict of Interest Act, the Integrity Commissioner shall advise the
complainant in writing as follows:
Criminal Matter
a) if the complaint is, on its face, an allegation of a criminal nature consistent
with the Criminal Code, the complainant shall be advised that:
i. the Integrity Commissioner will refer it to the appropriate police
service, or
ii. the complainant may pursue it with the appropriate police service
if the complainant wishes to pursue any such allegation;
Municipal Freedom of Information and Protection of Privacy Act
b) if the complaint is more appropriately
addressed
under the Municipal
Freedom of Information and Protection of Privacy Act, the complainant shall
be advised that the matter must be referred to the Chief Administrative
Officer to deal with under its access and privacy policies under that statute;
Other Procedure, Policy or Rule Applies
c) if the complaint appears to fall within the scope of another procedure, policy
or rule of the Township, the complainant shall be advised to pursue the
matter under such procedure, policy or rule with the appropriate Township
official or staff member;
Lack of Jurisdiction
d) if the complaint is, for any other reason not within the jurisdiction of the
Integrity Commissioner ( for example, it relates to a decision of Council or a
local board as a whole and not one or more individual Members), the
complainant shall be so advised and provided with any additional reasons
and referrals as the Integrity Commissioner considers appropriate;
Matter Already Pending
e) if the complaint is in relation to a matter which is subject to an outstanding
complaint under another process such as a court proceeding, a human
rights or workplace harassment complaint or similar process, or to a civil
matter that is pending before the courts, the Integrity Commissioner may, in
his/her sole discretion, suspend any investigation, in whole or in part,
pending the result of the other process;
Similar Matter Already Pending
f) if the complaint is in relation to a similar matter which is subject to an
outstanding
complaint
before the Integrity Commissioner, the Integrity
Commissioner
may, in his/her sole discretion, consider
the matter in
conjunction with the similar matter or deal with it separately, including not
undertaking an inquiry if the matter can be adequately addressed in any
report and/or recommendations made with respect to the complaint in the
similar matter; and
Other Ethical Code or Policy Applies
g) if the complaint is in relation to a matter which is governed by a code of
conduct, ethical code or similar procedure or policy of another body or entity
which also governs the Members ( for example, another board, body or
committee
to which
the Member
has been
appointed), the Integrity
Commissioner shall consider the most appropriate forum for the complaint
and may, in his/her sole discretion, defer consideration
of the matter
pending any determination made by the other body or entity and shall so
advise the complainant and, if necessary, the Member.
Limitation Period
4. ( 1) The Integrity Commissioner shall not accept a complaint under the Code of
Conduct for which the event giving rise to the complaint occurred or came to
the attention of the complainant more than six ( 6) months prior to the date of
the filing of the complaint. The complainant must establish that the event giving
rise to the complaint occurred and/or came to the complainant' s attention within
six (6) months of the complaint being filed in accordance with Section 2.
2) The Integrity Commissioner shall not accept a request relating to sections
5, 5.1 or 5.2 of the Municipal Conflict of Interest Act except in accordance with
the requirements of subsections 8(2)-(6) of that statute and section 223.4.1 of
the Municipal Act, 2001.
Refusal to Conduct Investigation
5. The Integrity Commissioner has a discretion as to whether to carry out an
investigation. If the Integrity Commissioner is satisfied, after considering the
information contained in the complaint, that a complaint:
a) is frivolous or vexatious,
b) is not made in good faith,
c) constitutes an abuse of process,
d) discloses no grounds or insufficient grounds for an investigation, or
e) does not warrant a full investigation,
the Integrity Commissioner shall not be required to conduct an investigation
and may summarily dismiss the complaint, and, where this becomes apparent
during
the course
of an investigation, the Integrity
Commissioner
shall
terminate the inquiry and provide notice to the complainant and, if necessary,
to the Member.
Opportunities for Resolution
6. Following receipt and review of a formal complaint or at any time during the
investigation
where the Integrity
Commissioner, in his or her discretion,
believes that an opportunity to resolve the matter may be successfully pursued
without a formal investigation, and both the complainant
and the Member
agree, efforts may be pursued to achieve an informal resolution.
Investigation
7. ( 1) The Integrity Commissioner
may proceed as follows, except where the
Integrity Commissioner has a full factual record and believes, in his or her sole
discretion, that no additional
information
is required, or where otherwise
required by the Public Inquiries Act, 2009, or where the Integrity Commissioner
has not otherwise terminated the inquiry:
a) provide
the Member
with an outline of the complaint
with sufficient
particularity to allow the Member to understand the complaint against him or
her but the Integrity Commissioner shall not have any obligation to disclose:
i) the identity of the complainant, or
ii) the identity of any witnesses set out in the complaint or persons that are
questioned/ interviewed by the Integrity Commissioner,
unless it is essential for the Member to adequately respond to the complaint,
which determination shall be made in the Integrity Commissioner' s sole and
absolute discretion;
b) request that the Member provide a written response to the allegations in the
complaint to the Integrity Commissioner within ten (10) business days;
c) provide a copy of the Member' s response to the complainant with a request
that any written
reply be provided
by the complainant
to the Integrity
Commissioner within ten (10) business days; and
d) extend the timelines set out above if the Integrity Commissioner deems it
necessary to do so in his or her sole and absolute discretion.
2) If
necessary, after
reviewing
the
submitted
materials, the
Integrity
Commissioner may contact and speak to or correspond with any other persons,
access and examine any other documents or electronic materials, including
any materials on the Township' s computers and servers, and may enter any
Township
work
location
relevant
to the
complaint
for
the
purpose
of
investigation and potential resolution.
3) The Integrity Commissioner may, but is under no obligation, to provide the
Member with a draft of the proposed draft report on the complaint.
4) The Integrity Commissioner shall not issue a report finding a violation of the
Code of Conduct on the part of any Member unless the Member has had an
opportunity
either
in person
or in writing
to comment
to the Integrity
Commissioner on any preliminary or proposed finding( s).
5) The Integrity Commissioner may, but is under no obligation, to advise either
the Member or the complainant of any proposed sanction or recommendation
the Integrity Commissioner may include in the report to Council.
6) The Integrity Commissioner may make interim reports to Council where
necessary
and
as
required
to
address
any
instances
of
interference,
obstruction, intimidation, delay, reprisal or retaliation by the Member or by any
other person encountered during the formal complaint investigation.
7) The Integrity Commissioner is entitled to make such additional inquiries and
provide such additional reports to Council where necessary and as required to
address
any instances
of non-compliance
with any decision
of Council
including the failure to comply with any penalties or corrective measure or
actions imposed by Council.
8) The Integrity Commissioner shall retain all records related to the complaint
and investigation but may provide copies of certain records, in confidence, to
Township administrative staff who are required to ensure that any such records
are securely and confidentially retained.
No Complaint Prior to Municipal Election
8. ( 1) Notwithstanding
any
other
provision
of
this
Complaint
Protocol, no
complaint may be filed with the Integrity Commissioner, no report shall be made
by the Integrity Commissioner to Council during the period of time starting on
nomination day for a regular municipal election year, as set out in section 31 of
the Municipal Elections Act, 1996 and ending on the voting day in a regular
election as set out in section 5 of the Municipal Elections Act, 1996.
2) If the Integrity Commissioner has received a complaint and has commenced
an inquiry but has not completed the inquiry before nomination day in a regular
municipal election year, the Integrity Commissioner shall terminate the inquiry
on nomination day but may commence an inquiry in respect of the same
complaint if within six ( 6) weeks after the voting day in a regular municipal
election the individual who made the request makes a written request to the
Integrity
Commissioner
in
accordance
with
subsection
223.4(8) of the
Municipal Act, 2001.
Advice Provided to Member by Integrity Commissioner
9. ( 1) Subject to Section 9(2), a Member is entitled to rely upon any written advice
given by the Integrity Commissioner to the Member respecting the Code of
Conduct in any subsequent consideration of the conduct of the Member in the
same matter provided that the Member fully disclosed in writing all relevant
facts known
to him or her to the Integrity
Commissioner
and acted in
accordance with the written advice provided by the Integrity Commissioner.
2) If the Integrity Commissioner
applies to a judge under section 8 of the
Municipal Conflict of Interest Act for a determination as to whether the Member
contravened section 5, 5.1 or 5.2 of the Municipal Conflict of Interest Act, the
Member is entitled to advise the judge of any written advice given by the
Integrity Commissioner provided that the Member fully disclosed in writing all
relevant facts known to him or her to the Integrity Commissioner and acted in
accordance with the written advice provided by the Integrity Commissioner.
3) A Member under investigation
by the Integrity Commissioner
shall not
request advice from the Integrity Commissioner
as to the Member' s rights
under the Code of Conduct, the Municipal Conflict of Interest Act or generally
at law with respect to any matter that the Integrity Commissioner is investigating
or reviewing with respect to the Member, nor is the Member entitled to rely upon
any statement( s) made by the Integrity Commissioner during the course of any
investigation or review that may impact the Member' s rights under the Code of
Conduct, the Municipal Conflict of Interest Act or generally at law.
Authority to Abridge or Extend
10. (1) Notwithstanding any requirement, obligation or timeline, set out in the Code
of Conduct or this Complaint Protocol, the Integrity Commissioner shall retain
the right to abridge or extend any provision therein in the public interest.
Investigation Report
11. (1) The Integrity Commissioner shall report to the complainant and the Member
no later than ninety ( 90) days after the official receipt of any complaint under
the Code of Conduct. If the investigation process is anticipated to or takes more
than ninety (90) days, the Integrity Commissioner shall provide an interim report
to Council and must advise the parties of the approximate date the report will
be available. The Integrity Commissioner may also, at his or her discretion,
advise any witnesses or other persons of the approximate date the report will
be available.
2) Where
the complaint
is sustained
in whole or in part, the Integrity
Commissioner shall report to Council outlining the findings, the terms of any
settlement and/or any recommended remedial or corrective measure or action.
3) The Integrity Commissioner
may provide a copy of the report to the
complainant and the Member whose conduct has been investigated in advance
of the public release of the report, in strict confidence until the report is publicly
released. The Member shall have the right to address the report if it considered
by Council.
4) Where the complaint is not sustained, the Integrity Commissioner is not
obligated to report to Council on the result of the investigation or any findings
but may do so at his/her discretion and may also include such information as
he/she deems necessary in a report or as part of an annual or other periodic
report by the Integrity Commissioner.
5) The Integrity Commissioner
shall complete the investigation
under the
Municipal Conflict of Interest Act no later than one hundred eighty ( 180) days
after the official receipt of any complaint validly made under Section 1(2) of this
Part.
Findings
12. (1) If the Integrity Commissioner determines that:
a) there has been no contravention of the Code of Conduct, or section 5, 5.1
or 5.2 of the Municipal Conflict of Interest Act, or
b) a contravention occurred but:
i) the Member took all reasonable measures to prevent it, including having
sought and followed the advice of the Integrity Commissioner;
ii) it was trivial,
iii) it was committed through inadvertence, or
iv) it resulted from an error in judgment made in good faith,
the Integrity
Commissioner
may so state in the report
and may make
appropriate recommendations
pursuant to the Municipal Act, 2001, including
but not limited to, a recommendation of no penalty.
2) If the Integrity Commissioner considers it appropriate, once he or she has
concluded the investigation under Section 1(2) of this Part, he or she may apply
to a judge under section 8 of the Municipal Conflict of Interest Act for a
determination as to whether the Member has contravened section 5, 5.1 or 5.2
of that statute. If the Integrity
Commissioner
does not proceed
with an
application to the judge, he or she shall so advise the complainant.
Report to Council
13. Upon receipt of a report from the Integrity Commissioner with respect to the
Code of Conduct, the Chief Administrative Officer shall place the report on the
next regular agenda of Council for consideration by Council and Council must
consider
the
report
at
that
meeting
and
may
accept
or
refuse
the
recommendations set out in the report and accept, refuse or vary any penalties
or sanctions contained in the report. A report from the Integrity Commissioner
may also be considered by Council in advance of its next regular meeting
should Council agree to hold a special or other meeting before its next regular
meeting to consider the report.
Duty of Council
14. Council
shall
consider
and
make
a
determination
on
the
Integrity
Commissioner' s report at the same meeting at which the report is tabled.
Public Disclosure
15. (1) The Integrity Commissioner
and every person acting under his or her
jurisdiction shall preserve confidentiality where appropriate and where it does
not interfere with the course of any investigation, except as required by law and
as required by this Complaint Protocol.
2) The Integrity Commissioner shall retain all records related to the complaint
and
investigation
although
copies
may
be provided
to the Township' s
administrative staff, subject to the duty of confidentiality under subsection 223.5
of the Municipal Act, 2001.
3) The identity of the Member who is the subject of the complaint shall not be
treated as confidential information in the Integrity Commissioner' s report to
Council. The identity of the complainant and of any other person, including
witnesses, may be disclosed if deemed appropriate and necessary by the
Integrity Commissioner or if consented to by the complainant.
4) All reports from the Integrity Commissioner
to Council shall be made
available to the public by the Chief Administrative Officer.
Delegation by Integrity Commissioner
16. The Integrity Commissioner may delegate in writing to any person, other than
a Member of Council, any of the Integrity Commissioner' s powers and duties
under Part V.1 of the Municipal Act, 2001.
Code of Conduct -- Formal Complaint Form # 1
AFFIDAVIT
I, ___________________________________________________ (first and last name),
of the
Township of ______________________________________ in the Province of Ontario.
MAKE OATH AND SAY ( or AFFIRM):
1. I have reasonable and probable grounds to believe that:
specify name of Member),
a member of the Council of The Corporation of the Township of North Huron or a local
board of the Township, has contravened section( s) __________________________ of
the Code of Conduct of the Township of North Huron. The particulars of which are are
attached hereto.
2. Facts constituting the alleged contravention ( use separate page if required)
This affidavit is made for the purpose of requesting that this matter be reviewed and/or
investigated by the Township of North Huron's Integrity Commissioner and for no other
improper purpose.
SWORN ( or AFFIRMED) before me at the )
the ___________ of ______________ on )
date) )
Signature)
A Commissioner for taking affidavits etc.
Please note that signing a false affidavit may expose you to prosecution under ss. 131 and 132 or 134 of the Criminal
Code, R.S.C. 1985, c. C-46 and also to civil liability for defamation.
Municipal Conflict of Interest Act-- Formal Complaint Form # 2
STATUTORY DECLARATION
I, ___________________________________________________ (first and last name),
of the
Township of ______________________________________ in the Province of Ontario.
I SOLEMNLY DECLARE THAT:
1. I have reasonable and probable grounds to believe that:
specify name of
Member),
a member of the Council of The Corporation of the Township of North Huron or a local
board of the Township, has contravened section( s) ______________ of the Municipal
Conflict of Interest Act, R.S.O. 1990, c. M.50. The particulars of which are attached
hereto.
2. I became aware of the facts constituting the alleged contravention not more than six
6) weeks ago and they comprise the following: ( use separate page if required)
This declaration is made for the purpose of requesting that this matter be investigated by
the Township of North Huron's Integrity Commissioner and for no other improper purpose.
DECLARED before me at the )
the ___________ of ______________ on )
date) )
Signature)
A Commissioner for taking affidavits etc.
Please note that signing a false affidavit may expose you to prosecution under ss. 131
and 132 or 134 of the Criminal Code, R.S.C. 1985, c. C-46 and also to civil liability for
defamation.
35005781. 1