Code of Conduct for Members of Council, Local Boards and Advisory Committees Policy (POL-COR-21-06)
The Blue Mountains, Ontario
· adopted 2021-11-22
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POL.COR.21.06
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Code of Conduct for Members of Council, Local Boards and Advisory Committees
Policy
POL.COR.21.06
Code of Conduct for Members of Council, Local Boards and
Advisory Committees
Policy Type:
Corporate Policy (Approved by Council)
Date Approved: November 22, 2021
Department:
Administration
Staff Report:
FAF.21.132
By-Law No.:
2021-86
Policy Statement
Policy direction for the behaviour of Members of Council, Local Boards and Advisory Committees in the
performance of their duties and responsibilities as elected and appointed community representatives.
This Policy replaces POL.COR.07.07 being the Code of Conduct for Members of Council, Local Boards and
Advisory Committees.
Purpose
Subsection 223.2(1) of the Municipal Act, 2001 authorizes a Municipality to establish Codes of Conduct
for Members.
Subsection 223.3(1) also authorizes a Municipality to appoint an Integrity Commissioner who is
responsible for performing in an independent manner the functions assigned by Council with regard to
the application of a Code of Conduct with respect to:
- the application of the Code of Conduct;
- the application of any procedures, rules and policies of the Municipality and Local Boards
governing the ethical behaviour of Members;
- the application of sections 5, 5.1 and 5.2 of the Municipal Conflict of Interest Act to Members;
- requests by Members for advice about obligations under the Code of Conduct, procedures,
rules, policies or the Municipal Conflict of Interest Act; and
- the provision of education/information to Members, the Municipality and the public about the
Municipality's Codes of Conduct for Members and about the Municipal Conflict of Interest Act.
The Code of Conduct sets minimum standards for the behaviour of Members in carrying out their
functions. It has been developed to assist Members of Council, Local Boards and Advisory Committees
to:
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Code of Conduct for Members of Council, Local Boards and Advisory Committees
1.
Understand the standards of conduct that are expected of them, and the law that applies
in relation to these standards;
2.
Fulfill their duty to act honestly and exercise reasonable care and diligence; and
3.
Act in a way that enhances public confidence in local government.
Statement of Principal
A written Code of Conduct helps to ensure that Members of Council, Local Boards and Advisory
Committees of the Municipality share a common understanding of acceptable conduct. These standards
are designed to provide a reference guide and a supplement to the legislative parameters within which
the Members must operate. These standards for Members exist to enhance public confidence that the
Town of The Blue Mountain's elected and appointed representatives will serve the public with integrity,
justice and courtesy.
The Town of The Blue Mountain's Code of Conduct is a general standard that augments Provincial laws
and Municipal policies and by-laws that govern conduct. It is not intended to replace personal ethics.
This Code of Conduct is consistent with the existing statutes governing the conduct of Members. (i.e. the
Municipal Act, 2001, the Municipal Conflict of Interest Act and the Municipal Freedom of Information and
Protection of Privacy Act). The Criminal Code of Canada also governs the conduct of Members. Members
are expected to uphold the letter and spirit of the laws of Canada, Ontario and the laws and policies
adopted by Council, Local Boards and Advisory Committees.
All Members to whom this Code of Conduct apply shall serve their citizens in a conscientious and diligent
manner. No Member shall use the influence of office for any purpose other than the exercise of their
official duties. Members shall seek to avoid conflicts of interest, both apparent and real. Members shall
perform their duties and arrange their public and private affairs in a manner that promotes public
confidence and will bear public scrutiny.
Application
This policy applies to Members of Council, Local Boards and Advisory Committees of The
Corporation of the Town of The Blue Mountains in the performance of their duties and
responsibilities as elected/appointed community representatives. It is understood that this applies
at all times and in all places while a Person is subject to this Code of Conduct.
This policy applies to all Members; however a Code of Conduct for Advisory Committee Members is
attached as Appendix D. Provisions of the Code of Conduct for Members of Council, Local Boards
and Advisory Committees which are relevant only to Members of Council have been eliminated
from the specific Code of Conduct for Members of Local Boards and Advisory Committees. The
definitions, principles and intent of the overarching Code of Conduct policy will apply and may be
referred to for clarification and interpretative assistance in understanding the Code of Conduct for
Members of Local Boards and Advisory Committees.
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Code of Conduct for Members of Council, Local Boards and Advisory Committees
Definitions
Abuse: Abuse is an attempt to control the behaviour of another Person through a misuse of power, trust
or dependency. It can include physical, sexual, verbal, financial, isolation, emotional or psychological
Abuse. Abuse may include an attempt to control the behaviour of another Person through improper use
of office or position of authority.
Advisory Committee means a committee established by Council, including any ad hoc, subcommittee or
task force, to advise on matters which Council has deemed appropriate. A list of Advisory Committees to
which these Code riles apply will be updated by the Town from time to time and appointed Members will
be provided notice of their requirement to follow the Code rules.
Assets: means all property of the Municipality, including equipment, financial Assets, land, vehicles,
material, paper and electronic documents, inventories, tools, electronic equipment, computers, email,
internet services and intellectual property.
Chief Administrative Officer (CAO): means the senior executive appointed by Council who is responsible
for managing the Municipality.
Clerk: means the Person as appointed by Council pursuant to Section 228 of the Municipal Act, 2001.
Code of Conduct: means the "Town of The Blue Mountains Code of Conduct for Members of Council,
Local Boards and Advisory Committees" and/or "The Code of Conduct for Local Boards and Advisory
Committee Members".
Complainant: means a Person who has filed a Complaint to the Integrity Commissioner on the prescribed
form.
Complaint: means an allegation of actions and/or behaviour of a Member contrary to one or more
provisions of the Code of Conduct, policies and procedures of the Municipality and/or The Municipal Act.
Confidential Information means:
i.
Information in the possession of, or received in confidence by the Municipality, that it is
prohibited from disclosing, or has decided to refuse to disclose, under the Municipal Freedom
of Information and Protection of Privacy Act;
ii.
A matter that has been debated or discussed at a meeting of Council closed to the public,
unless the matter is subsequently discussed in Open Session as authorized by Council and
Council has authorized the release of this information;
iii.
Information concerning litigation, negotiation, or personnel matters; and
iv.
Reports of consultants, draft documents and internal communications, which, if
disclosed may prejudice the reputation of the Municipality, its officers and Employees,
or its effective operation.
Nothing in this definition of Confidential Information shall be construed to limit Members use or
dissemination of information that:
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Code of Conduct for Members of Council, Local Boards and Advisory Committees
- Council as a whole has resolved is no longer confidential.
Council: means the elected Council of the Town of The Blue Mountains.
Employee: means a Person employed by the Municipality, including those employed on a contract and
volunteers but does not include Members of Council, Local Boards or Advisory Committees.
Harassment: may include behaviour as defined in the Ontario Human Rights Code subsection 10(1) as
"engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to
be unwelcome". However, Harassment under the Code is not limited to behaviour as defined by the Ontario
Human Rights Code. Harassment may also include behaviour or actions that constitute Abuse, Bullying or
Intimidation under the Town's Workplace Harassment and Human Rights policies.
Local Board: means a Local Board established or exercising any power under any Act with respect to the
affairs or purposes of one or more municipalities but (as per the Municipal Act Section 238 (1)) for the
purposes of the Code of Conduct, a Local Board does not include The Blue Mountains Public Library Board,
a School Board, a Hospital Board, the Niagara Escarpment Commission, a Conservation Authority of the
Blue Mountains Attainable Housing Corporation (BMAHC). This policy does include and apply to The Blue
Mountains OPP Detachment Board in accordance with Council Resolution dated October 21, 2024.
Immediate Relative: As per the Municipal Conflict of Interest Act Immediate Relative shall mean parent,
spouse or child as defined by s.1 of the Municipal Conflict of Interest Act.
Integrity Commissioner: The Person(s) appointed by Town Council By-Law (including the person
delegated by the appointed integrity Commissioner) in accordance with Section 223.3 of the Municipal
Act, 2001 and who is responsible for performing in an independent manner the functions assigned by the
Municipality with respect to the application of the Code of Conduct for Members of Council, Local Boards
and Advisory Committees.
Members: means Members of Council, Local Boards and Advisory Committees (and any such Ad Hoc or
Sub-Committee thereof) of the Town of The Blue Mountains. A list of Local Boards and Advisory
Committees whose Members are governed by Code rules will be updated by the Town from time to time.
Municipality: means The Corporation of the Town of The Blue Mountains.
Nomination Day: means the last day for filing or withdrawing a nomination as provided for by the
Municipal Elections Act, 1996.
Official Hospitality: means food, lodging, transportation and entertainment provided by
Provincial, Regional and local governments or political subdivisions of them, by the Federal
government or by a foreign government within a foreign country or at a conference, seminar or
event where the Member is either speaking or attending in an official capacity at an official event
(for example: at meetings of AMO, FCM, or conducted by providers of continuing education).
Person: For the purpose of the Code of Conduct and the eligibility to file a Code complaint,
"person" is a member of the public, member of staff and member of Council.
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Code of Conduct for Members of Council, Local Boards and Advisory Committees
Personal Information: as defined in the Municipal Freedom of Information and Protection of Privacy Act,
R.S.O. 1990 c, M56 (MFIPPA), means recorded information about an identifiable individual and includes:
i.
Information relating to the race, national or ethnic origin, colour, religion, age, sex, sexual
orientation or marital or family status of the individual;
ii.
Information relating to the education or the medical, psychiatric, psychological,
criminal or employment history of the individual or information relation to financial
transactions in which the individual has been involved;
iii.
Any identifying number, symbol or other particular assigned to the individual;
iv.
The address, telephone number, fingerprints or blood type of the individual;
v.
Correspondence sent to an institution by the individual that is implicitly or explicitly of a
private or confidential nature, and replies to that correspondence that would reveal the
contents of the original correspondence;
vi.
The views or opinions of another individual about the individual; and
vii.
The individual's name if it appears with other Personal Information related to the individual or
where the disclosure of the name would reveal other Personal Information about the
individual.
Respondent: is any Member named in a Code complaint who is alleged to be in violation of non-
compliance of the Code of Conduct rules.
Social Media: means publicly available, third part hosted, interactive web technologies used to produce,
post and interact through text, images, video and audio to inform, share, promote, collaborate or network.
Token of Appreciation: means such gifts or benefits that normally accompany the responsibilities
of office and are received as an incident of protocol or social obligation, or which are a suitable
memento of a function honouring the Member.
Gifts and Benefits
Members shall not accept a fee, advance, gift or personal benefit that is connected directly or indirectly
with the performance of their duties of office, unless permitted by the exceptions listed below.
For these purposes, a fee or advance paid to, or a gift or benefit provided with the Member's knowledge
to an Immediate Relative, or to a Member's Employee that is connected directly or indirectly to the
performance of the Member's duties is deemed to be a gift to that Member.
The following are recognized as exceptions:
a) compensation authorized by by-law;
b) tokens of appreciation, such gifts or benefits that normally accompany the responsibilities of office
and are received as an incident of protocol or social obligation;
c) a political contribution otherwise reported by law, in the case of Members running for office (i.e.
disclosure related to election campaign contributions that are required to be otherwise reported.);
d) services provided without compensation by Persons volunteering their time;
e) a suitable memento of a function honouring the Member;
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Code of Conduct for Members of Council, Local Boards and Advisory Committees
f) Official Hospitality, including food, lodging, transportation and entertainment provided by
provincial, regional and local governments or political subdivisions of them, by the Federal
government or by a foreign government within a foreign country, or by a conference, seminar or
event where the Member is either speaking or attending in an official capacity;
g) Business Hospitality if:
i. attendance is because of protocol or social obligations that accompany the
responsibility of office;
ii. by a conference, seminar or event organizer where the member is either speaking
or attending in an official capacity;
iii. the Person extending the invitation, or a representative of the organization is in
attendance; and
iv. the value is reasonable, and the invitations are infrequent.
h) communication to the offices of a Member, including subscriptions to newspapers and periodicals.
In the case of categories (b), (e), (f), (g) and (h), if the value of the gift or benefit exceeds $300, or if the
total value received from any one source over a twelve (12) month period exceeds $300, the Member
shall within thirty (30) days of receipt of the gift or of reaching the annual limit, file a disclosure
statement (attached as Appendix B - Disclosure Statement) with the Clerk.
The disclosure statement must indicate:
1. The nature of the gift or benefit;
2. Its source and date of receipt;
3. The circumstances under which it was given or received;
4. Its estimated value;
5. What the recipient intends to do with the gift; and
6. Whether any gift will at any point become the property of the Town.
All disclosure statements will be a matter of public record.
On receiving a disclosure statement, the Clerk shall make the disclosure statement public. If a member
of the public believes the Member has not conformed to the requirements of the Code of Conduct with
respect to accepting gifts and benefits, they may request the Integrity Commissioner examine the
statement to ascertain whether the receipt of gift or benefit might, in their opinion, create a conflict
between a private interest and the public duty of the Member. If the Integrity Commissioner makes that
preliminary determination, they shall call upon the Member to justify receipt of the gift or benefit.
Should the Integrity Commissioner determine that receipt was inappropriate, they may direct the
Member to return the gift, reimburse the donor for the value of any gift or benefit already consumed, or
forfeit the gift, or remit the value of any gift or benefit not already consumed to the Town.
Except in the case of (a), (c), (f) and (g), a Member may not accept a gift or benefit worth in excess of
$500 from one source during a calendar year, unless it falls within an exemption.
To clarify, if a Member accepts a gift over $300, a disclosure statement must be completed. A member is
not permitted to accept a gift over $500 unless they fall under (a), (c), (g) and (f).
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Code of Conduct for Members of Council, Local Boards and Advisory Committees
Honesty
Members are responsible for making honest statements. No Member shall make a statement when they
know that statement is false. No Member shall make a statement with the intent to mislead Council
Members, Members, Employee and the public.
Confidentiality
All information, documentation or deliberation received, reviewed or taken in Closed Session of Council,
Local Boards of Advisory Committees is confidential.
Members shall not disclose or release, by any means, to any member of the public, either in verbal or
written form, any Confidential Information acquired by virtue of their office, except when required by law
to do so. Where a matter has been discussed at a closed session meeting and the information remains
confidential, no Member shall disclose the content of the matter or the substance of deliberations of the
closed session meeting, unless a decision of Council, Local Board or Advisory Committee has made a
resolution to place the information before the public in an open meeting.
Members shall not permit any Persons other than those who are entitled thereto to have access to
information that is confidential.
Particular care should be exercised in ensuring confidentiality of the following types of
information:
a) Labour relations and personnel matters;
b) Information about suppliers provided for evaluation which might be useful to other
suppliers;
c) Matters relating to the legal affairs of the Town of The Blue Mountains;
d) Information that infringes on the rights of others or where disclosure would contravene a
Town policy (i.e. Confidential Information relating to investigations conducted pursuant to the
Town's Harassment policies and procedures, which is intended to remain confidential to the
extent possible);
e) Items under litigation or negotiation;
f) Price schedules in contract tender or Request for Proposal submissions if so specified;
g) Information deemed to be "Personal Information" under the Municipal Freedom of
Information and Protection of Privacy Act; and
h) Statistical data required by law not to be released (e.g. certain census or assessment data).
This list is provided as an example and is not exhaustive. It is recommended that requests for information
be referred to the Office of the Clerk to be addressed as either an informal request for access to
municipal records or as a formal request under the Municipal Freedom of Information and Protection of
Privacy Act.
Use of Town Property
Subject to Section 5, no Member shall use for personal purposes any Town property, equipment,
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services, supplies or services of consequence other than for purposes connected with the discharge of
Town duties or associated community activities of which Town Council has been advised.
No Member shall obtain financial gain from the use of Town developed intellectual property, computer
programs, technological innovations or other patentable items, while an elected official or thereafter.
All such property remains the exclusive property of the Town of The Blue Mountains.
No Member shall use information gained in the execution of their duties that is not available to
the general public for any purposes other than their official duties.
Use of Town Technology Resources
The Town of The Blue Mountains licenses the use of computer software from a variety of vendors. The
Town does not own the software or its documentation. Software is normally copyrighted, and no
individual may copy or distribute the software unless expressly permitted to do so under the applicable
license.
Work of a Political/Personal Nature
Members shall comply with Town Policy POL.COR.18.01, Use of Corporate Resources for Election purposes
and no Member shall use Town facilities, services or property for their re- election campaign. Further, no
Member shall use the services of Town Employees for their re- election campaign, during hours in which
the Employees are in the paid employment of the Town.
No Member shall use Town Assets for their personal business gain. No Member shall use the services of
Town Employees for their personal business during the hours in which the Employees are in the paid
employment of the Town.
Conduct at Meetings
Members shall conduct themselves with decorum at meetings in accordance with the provisions of
the Town's Procedural By-law(s).
Respect for deputations and for fellow Members and Employees requires that all Members show
courtesy and not distract from the business of Council during presentations and when other Members
have the floor.
Discreditable Conduct
All Members have a duty to treat Members of the public, one another and Employees appropriately and
without Abuse, Bullying, Violence or Intimidation. All Members shall ensure that their work environment
is utterly free and completely devoid of discrimination, personal and sexual Harassment.
The Ontario Human Rights Code applies and recognizes the right of every Employee to work in an
environment that is free from discrimination and Harassment, by the employer, agent of the employer,
another Employee, or any other Person with whom s/he comes into contact in the normal performance of
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Code of Conduct for Members of Council, Local Boards and Advisory Committees
his/her duties. The Occupational Health and Safety Act requires that the Town take every reasonable
precaution to protect the safety of workers, including as it relates to workplace Violence and Harassment.
Members shall abide by the provisions of, among other applicable legislation, the Human Rights Code,
and, in doing so, shall treat every Person, including other Members, Employees, and individuals providing
services on a contract for service, students on placements, and the public, with dignity, understanding and
respect.
In accordance with the Human Rights Code, Members shall not discriminate against anyone because of
their race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age,
record of offences, marital status, family status, disability, gender identity or gender expression.
Without limiting the generality of the foregoing, Members shall not:
a) Make inappropriate comments or gestures to or about an individual where such conduct is
known or ought reasonably to be known to be offensive to the Person(s) to whom they are
directed or are about;
b) Display materials or transmit communications that are inappropriate, offensive, insulting or
derogatory, including on business and personal Social Media platforms;
c) Make threats or engage in any abusive activity or course of conduct towards others;
d) Vandalize the personal property of others;
e) Commit Assault of any kind, including making or requesting unwanted physical contact, including
hugging, touching, patting, or pinching; and/or
f) Refuse to converse or interact with anyone based on any ground listed in the Human Rights Code.
Improper Use of Influence
No Member shall use the influence of their office for any purpose other than for the exercise of their
official duties.
Examples of prohibited conduct are the use of one's status as a Member to improperly influence the
decision of another Person to the private advantage of oneself or Immediate Relative, Employees, friends,
or associates, business or otherwise. This includes attempts to secure preferential treatment beyond
activities in which Members normally engage on behalf of their constituents as part of their official duties.
Prohibited conduct also includes the holding out of the prospect or promise of future advantage through a
Member's supposed influence within Council or the Local Board in return for present actions or inaction.
For the purposes of this provision, "private advantage" does not include a matter that:
a) Is of general application;
b) Affects a Member, their Immediate Relative, Employees, friends, or associates, business or
otherwise as one of a broad class of Persons; and/or
c) Concerns the remuneration or benefits of a Member in their role with the Town.
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Communications and Media Relations
Members will attempt to accurately and adequately communicate the attitudes and decisions of Council,
Local Boards or Advisory Committees even if they disagree with a majority decision so that:
a) There is respect for the decision-making processes;
b) Official information related to decisions and resolutions made will normally be communicated
in the first instance to the community and the media in an official capacity by the Mayor/Chair
or designate;
c) Information concerning adopted policies, procedures and decisions is conveyed openly and
accurately; and
d) Confidential Information will be communicated only when and after resolution by Council, Local
Board or Advisory Committees.
Representing the Town
Members shall make every effort to participate diligently in the regularly scheduled activities of the
Committees, Agencies, Local Boards and Advisory Committees to which they are appointed.
Professional Development
Members have an obligation to complete all mandatory training and orientation assigned by the Town
and including training delivered buy the Integrity Commissioner. Members are encouraged to promote,
support, pursue and partake in opportunities for professional development. Members are encouraged to
stay updated on issues and trends so that they can be as efficient and effective as possible in the carriage
of their duties and responsibilities. Local Board and Advisory Committee Members are encouraged to
attend, review or watch online Advisory Committee meetings, Committee of the Whole and Council
proceedings to ensure they are aware of and familiar with the issues before Council that may affect
Advisory Committee work.
Respect for the Role of Employee
Members shall be respectful of the fact that Employees work for the Town as a body corporate and are
charged with making recommendations that reflect their professional expertise and corporate
perspective. Members must not falsely or maliciously injure the professional reputation of an
Employee. Members shall be respectful of the fact that Employees carry out the directions of Council
and administer the policies of the Municipality and are required to do so without any undue influence
from any individual Member or group of Members.
Where a Member has a concern about personnel matters, he or she should speak with the Mayor and
the CAO about the concern or alternatively raise the issue with Council during an in camera session.
Members must not invite or pressure any Employee to engage in partisan political activity nor subject
Employees to discrimination or reprisal for refusing to engage in such activities.
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Business Relations
No Member shall borrow money from any Person who regularly does business with the Town unless
such Person represents an institution or company whose shares are publicly traded and who is regularly
in the business of lending money.
No Member shall act as a paid agent before Council or any Advisory Committee or Local Board of Council
or any Agency at which the Town is represented.
Expenses
Members shall comply with the provisions of the Town's applicable policies relative to per diem payments
and expenses governing reimbursement for attendance at conferences, seminars, training courses and
workshops.
Members shall be reimbursed for their reasonable out-of-pocket expenses incurred in accordance with
approved Town policies while attending official functions and representing the Town in their official
capacity.
Encouragement of Respect for the Town and its By-Laws and Policies
Members shall encourage public respect for the Town and its by-laws and policies. Members shall abide by
the provisions of any policies adopted by Council, Advisory Committees or Local Boards.
Discrimination and Harassment
1. Members have a duty to treat members of the public and one another with respect and without
Abuse, Bullying or Intimidation as defined by the Town's Workplace Harassment and Human Right
policies and the Ontario Human Rights Code;
2. All Persons shall be treated fairly in the workplace in an environment free of discrimination and of
personal and sexual Harassment. Members are not to engage in any course of conduct or make
comments that would constitute Harassment as defined by the Town's Workplace Harassment and
Human Rights policies and the Ontario Human Rights Code; and
3. Members are responsible for avoiding communications that may constitute Harassment,
Intimidation, Bullying or disrespectful behavior, whether in Person, in writing, by public
comment and on-line, including via Social Media.
A Member may be found to have breached the Code if any of the above have occurred. A pattern of
conduct in which a Members actions are Intimidating, uncivil, disrespectful or rude, may lead to a
finding of Harassment. A pattern of behavior that is perceived to be harmful (e.g. disrespectful or
frustrating) by the target, may constitute Harassment or Intimidation even if the Member did not
intend their behavior to have that effect.
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Advice
Members seeking information about their responsibilities under this Code of Conduct are encouraged
to request advice from the Integrity Commissioner appointed by Town Council.
A request by a Member for advice from the Integrity Commissioner under the Code of Conduct, any
procedure, rule or policy of the Municipality or of the Local Board, as the case may be, or for advice
respecting their obligations under the Municipal Conflict of Interest Act shall be made in writing
(requests in writing include e-mail correspondence). If the Integrity Commissioner provides such advice,
that advice shall be in writing.
Advice provided by the Integrity Commissioner to a Member may be released with the Member's written
consent. If a Member releases only a part of the advice provided to the Member by the Integrity
Commissioner, the Integrity Commissioner may release part, or all of the advice provided to the Member
without obtaining the Member's consent.
Respect for Code of Conduct
Members should respect the Process for Complaints made under the Code of Conduct. Members shall
not act in reprisal or threaten reprisal against a Person who makes a Complaint or against a Person who
provides information to the Integrity Commissioner during an investigation.
A Member named a Respondent in a Code of Conduct complaint must respond to the requests from the
Integrity Commissioner. Failure to respond to the Integrity Commissioner's request for a reply to a Code
Complaint shall constitute a contravention of this Code and cause the Integrity Commissioner to bring a
report on Obstruction to Council with recommendation of penalties.
Failure to Comply
Upon Council's decision on the Integrity Commissioner's recommendations, the Member who has violated
the Code of Conduct shall comply with Council's decision. Failure to comply with Council's decision shall
constitute a contravention of this Code and the Member can be subject to further penalties.
Integrity Commissioner Vacancy
Should the position of the Town's Integrity Commissioner become vacant, the Code of Conduct remains
in effect and all Members shall continue to abide by the provisions set out therein. When a vacancy
occurs, all formal Complaints shall be held in abeyance until coverage from a neighbouring municipality
can be arranged.
Annual Report
The Integrity Commissioner's annual report shall consist of:
a) All informal and formal Complaints dismissed by the Integrity Commissioner;
b) All Complaints received that are determined to be not within the jurisdiction of the Integrity
Commissioner;
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c) All Formal Complaints that resulted in a formal investigation and conclusions; and
d) A cost breakdown with respect to service provided within the reporting year by the Integrity
Commissioner.
The annual report shall be provided within sixty (60) days after December 31 of the calendar year that is
being reported.
Consequences of Non-Compliance
When Council receives a report from the Integrity Commissioner that there has been a contravention of
the Code of Conduct by a Member of Council, Local Board or Advisory Committee, Council may impose
either of the following penalties on the Member as permitted by the Municipal Act, 2001:
a) a reprimand;
b) a suspension of the remuneration paid to the Member in respect of their services as a Member of
Council for a period up to 90 days.
Council, may, on the basis of a recommendation from the Integrity Commissioner take remedial action.
Such remedial actions may include but are not limited to any or all of the following action and require
that the Member:
(i)
provide a written or verbal apology;
(ii)
return property or make reimbursement of its value of money spent;
(iii) be removed from the Membership of a Committee; and/or
(iv) be removed as Chair of a Committee.References and Related Policies
This Code of Conduct operates along with and as a supplement to existing statutes governing conduct. The
following federal and provincial legislation governs the conduct of Members:
- Municipal Act, 2001,
- Municipal Conflict of Interest Act
- Municipal Freedom of Information and Protection of Privacy Act
- Municipal Elections Act
- Provincial Offenses Act
- Criminal Code
- Ontario Human Rights Code
- Occupational Health and Safety Act
- Procedural By-law No. 2018-20
- by-laws and policies of Council as adopted and amended from time to time, including but not
limited to the procedural by-law, procurement by-law, Workplace Violence and Harassment
Program, Communications and Media policies.
Review Cycle
This policy will be reviewed once per term of Council in conjunction with the Integrity Commissioner, as
required by legislative changes or at the request of Council.
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Appendix A - Protocol Policy for Complaints Related to Members
PART A - INFORMAL COMPLAINT PROCEDURE
Individuals are encouraged to use the Informal Complaint Procedure first to address behaviour or activity of
a Member that they believe violates the Code of Conduct. With the consent of the Complainant and the
Respondent, the Integrity Commissioner may participate in this process. The parties are encouraged to take
advantage of the Integrity Commissioner's potential role as a mediator/conciliator of issues relating to a
Complaint. The Informal process is confidential, and secrecy shall be maintained by all Members
participating in an informal process.
An informal process will not be a formally recorded process. A Complainant is encouraged to detail their
issues to the Respondent prior to any informal meetings to ensure both parties are aware of the concerns
and ample opportunity is provided for the Respondent to reflect and research the issues raised by the
Complainant.
Any individual, including members of the public, who identifies, or witnesses conduct by a Member that
appears to contravene the Code of Conduct may address the conduct in the following manner:
1. Advise the Member that the conduct appears to contravene the Code of Conduct. Advising the
Member may be completed in Person, by e-mail, formal letter or phone call. If in Person or via
telephone, ensure that a witness is present.
2. Ask the Member to acknowledge and agree to stop the conduct;
3. Document the incidents where the Member may have contravened the Code of Conduct including
dates, times, locations, other Persons present, and any other relevant information;
4. Council Members shall notify the Mayor. Members of Local Boards and Advisory Committee's shall
notify their Committee Chair. If the Complaint involves the Mayor or the Committee Chair,
Members shall contact the Integrity Commissioner directly about the concerns regarding the
Member's actions;
5. Tell the Member which parts of the Code of Conduct may have been contravened;
6. Ask the Integrity Commissioner to participate in an informal discussion of the Complaint with the
Member to resolve the issue;
7. If applicable, confirm to the Member that their response is satisfactory, or advise the Member that
their response is unsatisfactory; and
8. Consider a Formal Complaint Procedure as set out in Part B, or any other applicable legal process.
The Informal Complaint Process is not a precondition to making a formal Complaint. However, it is highly
encouraged in the spirit of fair treatment for everyone concerned. Early intervention is key to keeping
behaviors and issues from escalating. Individuals are encouraged to seek guidance from the Integrity
Commissioner on how to conduct the informal Complaint process.
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PART B - FORMAL COMPLAINT PROCEDURE
1. Formal Complaints: Requests for Inquiry
Any individual may request an inquiry by the Integrity Commissioner into whether a Member has
contravened the Code of Conduct by filing a formal Complaint as follows:
a) all Complaints shall be in writing on the prescribed form and shall be sworn before a Commissioner;
b) the Complaint must set out reasonable and probable grounds for the allegation that the Member
has contravened the Code of Conduct and must be accompanied by a description of the evidence
and/or documents that support the allegation;
Council, a Local Board or an Advisory Committee may request an inquiry by the Integrity Commissioner
about whether a Member has contravened the Code of Conduct.
2. Filing of Complaint and Classification by Integrity Commissioner
The Complaint shall be filed with the Clerk who shall forward the matter within two business days to the
Integrity Commissioner 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.
A Formal Complaint may be sent directly to the Integrity Commissioner.
3. Complaints Outside of the Integrity Commissioner Jurisdiction Under the Code of Conduct
If the Complaint, including the supporting material, 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 or
Complaint procedure under another Town policy or rule, the Integrity Commissioner shall advise the
Complainant in writing to follow the alternative procedure. In particular, and in the following circumstances
the Integrity Commissioner is to advise as follows:
Criminal Code
(a) if the Complaint alleges a criminal offence under the Criminal Code, the Complainant shall be
advised to take the Complaint to the appropriate police service;
Municipal Conflict of Interest Act
(b) Where a member of the public, elector or Person demonstrably acting in the public interest applies
in writing to the Integrity Commissioner for an inquiry to be carried out concerning an alleged
contravention of section 5, 5.1 or 5.2 of the Municipal Conflict of Interest Act, the Integrity
Commissioner shall proceed in accordance with section 223.4.1 of the Municipal Act.
Municipal Freedom of Information and Protection of Privacy Act
(c) 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
Clerk to deal with under access to information and privacy policies;
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Parallel Proceedings for the Same Complaint
(d) if the Complaint is in relation to a matter which is subject to an outstanding Complaint under
another process, such as a court proceeding related to the Municipal Conflict of Interest Act, a
Complaint under the Human Rights Code pertaining to discrimination, Harassment or Violence, or
similar process, or civil proceedings, the Integrity Commissioner may, in their discretion and in
accordance with legislation, suspend any investigation pending the result of the other process; and
Outside Jurisdiction: Referrals and Reasons
(e) if the Complaint is, for any other reason, not within the jurisdiction of the Integrity Commissioner
the Complainant shall be so advised and provided with any additional reasons and referrals as the
Integrity Commissioner considers appropriate.
4. Refusal to Conduct Investigation
Where the Integrity Commissioner concludes at the outset, or during an investigation that:
(a) a Complaint is frivolous or vexatious,
(b) a Complaint is not made in good faith, or
(c) there are no grounds or insufficient grounds for an investigation,
the Integrity Commissioner shall not be required to investigate and in the case of an ongoing investigation,
shall terminate the investigation without a formal report to Council. The Integrity Commissioner shall notify
the Complainant and the Member that further work on the complaint will not be continuing and the
reasons why.
5. Opportunities for Resolution of Formal Complaints
Where the Integrity Commissioner believes that an opportunity to resolve the matter may be successfully
pursued without a formal investigation, and both the Complainant and the Member agree, an informal
resolution of the Complaint may be attempted with the assistance of the Integrity Commissioner. With an
informal resolution pursued through mediation with the Integrity Commissioner, there shall be no formal
report to Council. Confidentiality shall be maintained by the Member and the Complainant.
6. Investigation
The Integrity Commissioner will proceed as follows in conducting an inquiry pursuant to section 223.4 of
the Municipal Act, and, where applicable, the Public Inquiries Act, 2009:
(a) provide the Member with an outline of the Complaint with enough detail to allow the Member to
understand the Complaint against them;
(b) request that the Member provide a written response to the allegations to the Integrity
Commissioner within ten (10) business days, Members shall provide the integrity Commissioner
with a sworn affidavit accompanying their response;
(c) provide a copy of the Member's response to the Complainant with a request that any written reply
be provided within ten (10) business days; and
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(d) provide the Member with advance notice of the findings and any sanctions or remedial actions to
be recommended to Council.
(e) If necessary, after reviewing the submitted materials, the Integrity Commissioner may speak to any
Person, access and examine any other documents or electronic materials and may enter any
Municipal work location relevant to the Complaint for the purpose of investigation and potential
resolution.
(f) The Integrity Commissioner may make interim reports to Council where necessary and as required
to address any instances of interference, obstruction, delay or retaliation encountered during the
formal Complaint investigation.
(g) It is intended that all reports will be submitted to the Clerk, by the Integrity Commissioner. Where
due to relevant circumstances the investigation is not completed within ninety (90) the Integrity
Commissioner shall advise the parties and provide them with an approximate date of when the
investigation will be complete. The Integrity Commissioner may submit an interim report to Council
and address the reasons for any delay within the report.
(h) The Integrity Commissioner shall retain all records related to the Complaint and investigation.
7. Reporting and Recommendations
a) The Integrity Commissioner shall provide his or her draft findings to the Complainant and the
Member whose conduct has been investigated, generally no later than ninety (90) days after the
official receipt of the Complaint and prior to providing the final investigation report to Council. If
the investigation process takes more than ninety (90) days, the Integrity Commissioner shall advise
the parties of the date, if possible, that the report will be available.
b) The Integrity Commissioner shall generally provide an update to the Complainant and the Member
no later than ninety (90) days after the official receipt of the Complaint.
c) Where a Member has been found to have contravened the Code of Conduct, the Integrity
Commissioner shall report to Council outlining the findings, the terms of any settlement and/or any
recommended remedial action or sanction. It is recommended that the Integrity Commissioner will
cite jurisprudence including, but not limited to, decisions related in scope by other Provincial
Integrity Commissioner. This information will aid Council in determining the appropriate decision
when evaluating recommendations from the Integrity Commissioner.
d) Pursuant to the Municipal Act, the Integrity Commissioner may recommend that the Town impose
either of the following penalties on a member of council or local board:
(i) A reprimand;
(ii) Suspension of the remuneration paid to the member in respect of his or her services as a
member of Council or Local Board for a period of up to 90 days.
In addition, Council, may, based on a recommendation from the Integrity Commissioner take
remedial action.
Such remedial actions may include but are not limited to any or all of the following action and
require that the Member:
(i) provide a written or verbal apology;
(ii) return property or make reimbursement of its value of money spent;
(iii) be removed from the Membership of a Committee; or
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(iv) be removed as Chair of a Committee.
e) Where the Integrity Commissioner finds that there are no grounds or jurisdiction to investigate a
Complaint, except in exceptional circumstances, the Integrity Commissioner shall not report to
Council the result, except as part of an annual or periodic report.
f) The Integrity Commissioner may disclose such information as in their opinion is necessary in the
written reasons given by the Integrity Commissioner in relation to an inquiry into whether a
Member has contravened the Code of Conduct.
g) Upon receipt of a report from the Integrity Commissioner, the Clerk shall place the report on the
next regular agenda of Council or the Local Board, or if required at a special meeting (to
accommodate the Integrity Commissioners availability), for consideration by Council or the Local
Board.
h) If the report of the Integrity Commissioner recommends or Council considers whether to suspend
the remuneration paid to the Member, the Member may take part in the discussion of the matter,
including making submissions to Council, as the case may be, and may attempt to influence the
voting on any question in respect of the matter, whether before, during or after the meeting,
however the Member is not permitted to vote on any question in respect of the matter.
i) The Integrity Commissioner may attend at Council at his or her next available opportunity to present
the report formally for Council's consideration. It is recommended that where a report recommends
a sanction the Clerk will schedule a meeting for the Integrity Commissioner to attend at Council to
present. Where possible the meeting will be scheduled at the next available Council meeting. If the
Integrity Commissioners schedule does not permit this, the Clerk will schedule a special meeting of
Council to receive the report. The Member shall, subject to Subsection 9(5), have the right to
address the report when it is considered by Council or the Local Board.
8. Findings
If the Integrity Commissioner determines that:
a) there has been no contravention of the Code of Conduct, or
b) a contravention occurred but:
(i) the Member took all reasonable measures to prevent it,
(ii) it was trivial,
(iii) it was committed through inadvertence, or
(iv) it resulted from an error of 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.
9. Duty of Council
Council shall consider the Integrity Commissioner's report at the meeting at which it is tabled.
10. Termination of Inquiry When Regular Election Begins
(a) If an inquiry has not been completed before Nomination Day for a regular election as set out in
section 31 of the Municipal Elections Act, 1996, the Commissioner shall terminate the inquiry on
that day.
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(b) If an inquiry is terminated under subsection (1), the Integrity Commissioner 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 Person or entity who made
the request or the Member whose conduct is concerned makes a written request to the
Commissioner that the inquiry be commenced.
(c) The following rules apply 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:
(i) There shall be no requests for an inquiry about whether a Member has contravened the
Code of Conduct.
(ii) The Commissioner shall not report to the Municipality or Local Board about whether, in their
opinion, a Member has contravened the Code of Conduct.
(iii) The Municipality or Local Board shall not consider whether to impose the penalties referred
to in the Code of Conduct.
11. Public Disclosure
The Integrity Commissioner and every Person acting under their instructions shall preserve
Confidentiality with respect to all matters that come to their knowledge in the course of their duties
under this Part, in accordance with applicable legislation.
The Integrity Commissioner may disclose such information as in the Integrity Commissioner's
opinion is necessary and provided for in section 223.5 of the Municipal Act.
The Integrity Commissioner shall retain all records related to the Complaint and investigation.
At the time of the Integrity Commissioner's report to Council or the Local Board, the identity of the
Member who is the subject of the Complaint shall not be treated as Confidential Information. If the
Complainant is an elected official their name will be released in the final report as a matter of public
interest.
All reports from the Integrity Commissioner to Council or the Local Board will be made available to
the public by the Clerk on the Town's website.
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Diagram 1 - Complaints Protocol Process Flow Chart
Please note - all processes (Informal, Mediation and Formal) are to be treated with Confidentiality.
Informal
Complaint
- Advise the Member of the potential breach of the Code of Conduct.
- Encourage the Member to stop the improper conduct.
- Document the issue or behavior.
- Bring to the attention of the Mayor(Council), Committee Chair (Local Board
and Advisory Commitee Members) or the Integrity Commissioner.
- Meet with the Member to discuss the issue and attempt to resolve (not a
recorded meeting)
Mediation
- Was the matter resolved?
- If the issue is still present the Integrity Commissioner shall be contacted to
provide advise on the possibility of resolving the issue by using the
Integrity Commissioner to mediate the issue.
Formal
Complaint
- Was the matter resolved?
- If yes, the matter is closed and final.
- If no, consider the need for a Formal Complaint.
- Follow the process steps listed in Appendix A - Protocol Policy for
Complains related to Members to submit a Formal Complaint.
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APPENDIX 'B' - Disclosure Statement
Section 13 of the Code of Conduct regarding the acceptance of gifts and benefits, requires Members to
disclose the receipt of certain gifts and benefits if the dollar value of a single gift or benefit exceeds $300 or
if the total value of gifts and benefits received from one source in a calendar year exceeds $300. This
Disclosure Statement is to be used to report on such gifts and benefits and shall be filed with the Clerk
within 30 days of receipt of such gift or benefit, or upon reaching the annual limit.
Disclosure Statements are a matter of public record.
Nature of Gift or Benefit received:
Source of Gift or Benefit:
Circumstances under which Gift or Benefit received:
Intended use of the Gift or Benefit (i.e. will it be donated/provided to the Town):
Estimates Value of Gift or Benefit:
$
Date Gift or Benefit was received:
(MM/DD/YR)
Signature of Member
Date
Signature of Clerk
Date received
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APPENDIX 'C' - Formal Complaint Form / Affidavit
I,___________________________________ (full name) of the Town of The Blue Mountains, in the Province of
Ontario do solemnly swear (affirm and declare) that the following contents of this affidavit as subscribed by me are
true and correct:
Permanent place of residence: ____________________________________________________
Mailing address (if different from above): __________________________________________
I have personal knowledge of the facts as set out in this Affidavit because:
(insert reasons e.g. I work for... I attended a meeting at which... etc.)
I have reasonable and probable grounds to believe that_________________
(specify name of Member in
question) has contravened section(s) _________________
of the Code of Conduct of the Town of The Blue
Mountains. The particulars of which are as follows:
(Set out the statements of fact in consecutively numbered paragraphs in the space below, with each paragraph
being confined as far as possible to a particular statement of fact. If you require more space please use the
attached Schedule "A" form and check the applicable box below.)
Schedule A attached:
Yes
No
This affidavit is made for the purpose of requesting that this matter be reviewed by the Town of The Blue
Mountains appointed Integrity Commissioner and for no other purpose.
Sworn (or Affirmed) before me at the Town of The Blue Mountains, in the County of Grey , in the Province of
Ontario on the
_____________________day of _______________, _____________________.
A Commissioner, etc.
Signature of Complainant
(to be witnessed by Commissioner)
NOTE: This is a sworn (affirmed) affidavit of the deponent only. No investigation has been conducted by this authority to confirm or verify the
above sworn information. THE CRIMINAL CODE OF CANADA provides that: everyone commits perjury who, with intent to mislead, makes
before a Person who is authorized by law to permit it to be made before him a false statement under oath or solemn affirmation by affidavit,
solemn declaration or deposition or orally, knowing that the statement is false, is guilty of an indictable offence and liable to a term of
imprisonment not exceeding fourteen years (sections 131, 132) or by summary conviction (section 134). Signing a false affidavit may expose
you to prosecution under section 131 and 132 or 134 of the Criminal Code, R.S.C 1985, c. C-46 and also to civil liability for defamation.
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Schedule A - Additional Information to Formal Complaint Form / Affidavit
Below is additional information to Appendix C - Formal Complaint Form / Affidavit. If more
than one page is required, please photocopy this blank page and mark each additional page as
2 of 2, 2 of 3, etc. at the top right corner.
This Schedule A referred to in the Affidavit of_________________________(full name) sworn
(or affirmed) before me on this________day of ________, ________________.
A Commissioner for taking affidavits, etc.
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APPENDIX 'D' APPLICATION FOR MCIA INVESTIGATION
For MCIA applications pursuant to section 223.3 (1) of the Municipal Act, 2006 about Members
of Council and Local Boards.
Part 1: Applicant Information
Last Name (required): _______________
First Name (required): ___________________
Address (required): ______________________________________________________________
Town (required): _________________ Province (required): ___________________
Postal Code (required): _______________ E-mail address: _______________________
I am an elector as defined by section 17 of the Municipal Elections Act, 1996. (required)
Yes
No
If no, I believe that I am acting in the public interest because: (explain how)
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Part 2: Alleged Contravention
Who do you believe contravened the Municipal Conflict of Interest Act? Select On. (required)
Member of Council
Member of Local Board (restricted definition)
Name of Member (required): __________________
Name of Board (if applicable): ___________________
What sections(s) of the Municipal Conflict of Interest Act do you believe were contravened?
Select all that apply (required)
1.
The member participated in the discussion and/or voted about a matter in which the
member has a direct or indirect pecuniary interest:
2.
The member failed to file a written statement of a declared interest.
3.
The member used their office to attempt to influence a decision or recommendation of
an officer or Employee of the Town and/or the Board about a matter in which the
member has a director or indirect pecuniary interest.
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Part 3: Description of Alleged Contravention
Why do you believe the member has contravened the Municipal Conflict of Interest Act
(required)?
If you need additional space, please use additional pages.
Sample wording: I believe that (member name) contravened section(s) (x,y,z) of the Municipal
Conflict of Interest Act when they....
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
I have attached supporting records and/or additional pages. Yes No
I am making this application to request that the Integrity Commissioner conduct an investigation
into a possible contravention of the Municipal Conflict of Interest Act. Yes No
I also intend to file a Complaint regarding a possible contravention of the applicable Code of
Conduct in relation to this matter. Yes No
Signature of Applicant: ___________________
Date (MM/DD/YYYY): ____________________
Part 4: Statutory Declaration (required)
I _______________________ (name of applicant) solemnly declare that I became aware of the
alleged contravention described in this Application on ________________________ (date), and
I make this solemn declaration conscientiously believing to be true, and knowing that it is of the
same force and effect as if make under oath.
Declared before me at __________________________ (Town, Province) this _____________
(day) of _________________(month), ___________________ (year).
Signature of Declarant (Applicant): _________________________
Commissioner for Taking Affidavits: __________________________
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APPENDIX E - Local Boards and Advisory Committee Members' Code of Conduct
1. The purpose of a Local Board and Advisory Committee is to provide informed advice and
guidance, as well as to facilitate public input to Town Council on programs and policies.
In recognition of the impartial and objective advice received from Local Boards and
Advisory Committees, as well as the challenges and inherent restrictions placed upon
these same individuals in assessing and recommending various options in a
conscientious and ethical manner, the following Code of Conduct is provided as a general
standard for all Local Boards. The main concepts of the overarching Code of Conduct
remain applicable for all Local Boards and Advisory Committee Members.
2. The Local Boards and Advisory Committee Members' Code of Conduct shall be applicable
to all Members of the Town of The Blue Mountains' Advisory Committee's (with the
exception of the appointed Council Members), including any subcommittees or ad hoc
committees established.
3. Local Board and Advisory Committee Members shall, when conducting committee
business, preparing written correspondence, interacting with the media, Members of
Council, Employees or Members of the public, act in a manner that accomplishes the
following:
(a) fulfils the mandate and mission statement of their Advisory Committee;
(b) respects due process and the authority of the Chair, Co-Chair or Presiding
Officer;
(c) demonstrates respect for all fellow Local Board Members, Advisory Committee
Members, Council, Employees and the public;
(d) respects and gives fair consideration to diverse and opposing viewpoints;
(e) demonstrates due diligence in preparing for meetings, special occasions, or
other committee- related events;
(f) demonstrates professionalism, transparency, accountability and timeliness in
completing any tasks or projects undertaken by the committee;
(g) conforms with all relevant legislation, by-laws, policies and guidelines; and,
(h) contributes in a meaningful manner, offering constructive comments to
Council, Employees and fellow Advisory Committee Members.
4. A member of a Local Board or Advisory Committee shall not:
(a) place themselves in a position where the Member is under obligation to any
Person who might benefit from special consideration or favour on their part or
who might seek in any way preferential treatment;
(b) accord, in the performance of their official duties, preferential treatment
to relatives or to organizations in which the Member, their relatives have an
interest, financial or otherwise;
(c) deal with an application to the Town for a grant, award, contract, permit or
other benefit involving the Member or their Immediate Relative;
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(d) place themselves in a position where the Member could derive any direct
benefit or interest from any matter about which they can influence decisions;
and,
(e) benefit from the use of information acquired during their official duties which
is not generally available to the public.
5. A Local Board or Advisory Committee Member shall disclose immediately to the Advisory
Committee or the Clerk or the Executive Assistant Committees of Council, who would
disclose to the Advisory Committee, that the Member could be involved in either a real
or conflict of interest as prohibited by the Code of Conduct; and shall abide by any
decision made by Council, with respect to such conflict of interest without reprisal.
6. If a Local Board or an Advisory Committee Member is known to have a conflict of
interest as prohibited by the Code and has not disclosed this to the Advisory Committee;
then that matter may be brought forward for Council's consideration. When such a
matter has been brought forward, Council, through a majority vote, would determine if
the Member is in a conflict position in accordance with the provisions of Section 2 of this
Code.
7. Where a Local Board or Advisory Committee Member believes or has been advised by
Council that they have a conflict of interest in a particular matter, they shall:
(a) prior to any consideration of the matter, disclose their interest and the general
nature thereof;
(b) leave the room for the duration of time that the matter is being considered;
(c) not take part in the discussion of, or vote on any question or
recommendation in respect of the matter; and,
(d) not attempt in any way whether before, during or after the meeting to
influence the voting on any such question or recommendation.
8. Where the number of Local Board or Advisory Committee Members who, by reason of
conflict, are incapable of participating in a meeting such that the remaining Members no
longer constitute a quorum; then the remaining Members shall be deemed to constitute
a quorum provided there are not less than two Members present.
9. Local Board or Advisory Committee Members who are seeking consideration of an
application, permit or appeal are permitted to address the Advisory Committee
regarding their application, permit or appeal; but are prohibited from taking part in the
Advisory Committee's deliberation and I or voting regarding that matter.
10. Should a Member of a Local Board or Advisory Committee breach any of the clauses set
out herein, the Clerk may refer the matter to Council who will consider whether to take
any of the possible corrective actions, as outlined in the Code of Conduct for Members
of Council, Local Boards and Advisory Committees.
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Policy for Complaints Related to Local Boards and Advisory Committees
The Complaint Protocol attached to the Code of Conduct as Appendix A applies with
necessary modifications to Complaints regarding Members of Local Boards and Advisory
Committees. If any interpretation issues arise between the Codes and applicability the
Integrity Commissioner will be consulted.
Consequences of Failure to Adhere to Code of Conduct
Members who are found by the Integrity Commissioner to have failed to comply with
the Code of Conduct for Local Boards and Advisory Committees may be subject to the
following sanctions by Council:
(a) a reprimand; or
(b) suspension of remuneration paid to the Member in respect of their services as
a Member of the Local Board or Advisory Committee (if any).
(c) Members may also be subject to such other remedial actions recommended by
the Integrity Commissioner that directly flow from the action or behaviour of
the Member of the Local Board or Advisory Committee.
(d) Members are subject to removal from the Local Board or Advisory Committee,
or removal as Chair of the Local Board, by Council.
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Appendix F - Applicable List of Local Boards and Advisory Committees for the
Code of Conduct
This list will be updated as required and is current as of October 21, 2024.
The Blue Mountains Property Standards Committee
The Blue Mountains Abandoned Orchard Advisory Committee
The Blue Mountains Committee of Adjustment
The Blue Mountains Agricultural Advisory Committee
The Blue Mountains Fence Viewer Committee
Economic Development Advisory Committee
The Blue Mountains Communications Advisory Committee
Council Compensation Review Committee
Sustainability Committee
Transportation Committee
Joint Municipal Physician Recruitment and Retention Committee
Grants and Donations Committee
The Blue Mountains OPP Detachment Board
- Please note that Ad Hoc committees and Sub-Committees of Council, Local Boards and
of Advisory Committees may not be listed (due to their inherent short-term nature)
however the Code of Conduct still applies.
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Appendix G - Code of Conduct Definition References
Abuse: sourced from Edmonton Police Victim Support Resource Document
Advisory Committee: written by the Director of Human Resources
Assets: written by the Director of Human Resources
Chief Administrative Officer (CAO): abbreviated from Municipal Act section 229
Clerk: abbreviated from Municipal Act section 228
Code of Conduct: written by the Director of Human Resources
Complainant: sourced from the City of Toronto Office of the Integrity Commissioner
Complaint and Application Procedures
Complaint: sourced from the City of Toronto Office of the Integrity Commissioner Complaint
and Application Procedures
Confidential Information sourced form the Municipal Act and the Municipal Freedom of
Information and Privacy Act: Municipal Act, Municipal Freedom of Information and Privacy Act
Council: sourced from Municipal Act
Employee: written by the Director of Human Resources
Harassment: sourced from the Ontario Human Rights Code and written by Integrity
Commissioner Suzanne Craig
Local Board: sourced from Municipal Act
Immediate Relative: sourced from Municipal Conflict of Interest Act
Integrity Commissioner: sourced from Municipal Act
Members: written by the Director of Human Resources
Municipality: written by the Director of Human Resources
Nomination Day: sourced from Municipal Elections Act
Official Hospitality: sourced from Collingwood Code of Conduct 2015
Person: sourced from the Canadian Charter of Rights and Freedoms
Personal Information: sourced from Municipal Freedom of Information and Privacy Act
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Respondent: sourced from the City of Toronto Office of the Integrity Commissioner
Complaint and Application Procedures
Social Media: written by the Director of Human Resources.
Token of Appreciation: sourced from Collingwood Code of Conduct 2015