Council code of conduct update; changes coming

By Sharon Harrison
A report on council code of conduct was received with no discussion at the recent committee of the whole meeting – and provincial changes are coming.

On a related issue also discussed at this meeting, an update received from the integrity commissioner from his annual report can be found by clicking here.

What came out of the report was a direction that the clerk’s office commence public education in the third quarter of this year regarding the council code of conduct, accountability and ethical standards for elected officials.

Updates pertaining to the code will be brought back in the first quarter of 2027 that will explain the updated provincial code of conduct for the new 2026-2030 term of council. It will also recommend any further actions as may be appropriate to capture the new provincial requirements and re-align how complaints flow through the local integrity commissioner under the new oversight process.

Deputy clerk Catherine Sprague explained they will provide an update on what’s coming as they await the proposed regulations coming out of Bill 9, but noted the significance of the changes at the provincial level, and why a public information session was thought appropriate on codes of conduct, civility and expected behaviour of elected officials.

Sprague said her report summarizes the implications of Bill 9, Municipal Accountability Act, which received Royal Assent on June 2, and will come into force on a date yet to be determined but which the clerk’s office anticipates will be in the third quarter of this year.

“The act provides that the province will establish a single, standardized code of conduct framework for all Ontario municipalities. It is expected that the new provincial framework will replace the current municipal code of conduct (Policy AD 135) and that the next term of council will be governed by the new code of conduct proposed in Bill 9.”

Member of the public Paul Allen made a deputation where he outlined how last December he identified that he thought council had a problem in that its code of conduct apparently created no enforceable obligation for members to avoid conflicts of interest, apparent or real.

“In February, I suggested that the codes of conduct of six nearby municipalities could solve council’s problem in pretty quick order,” outlined Allen.

A member of council should make decisions to benefit the public, he said.

“A member should not make decisions to benefit themselves, or their families, or friends. And when I say benefit, I am speaking about money or perhaps some other currency that is not pecuniary, social capital or access that’s preferential in some regard.”

He said, finally, a reasonable person, who is reasonably informed about a matter, should be satisfied that a member’s decision is intended to benefit the public.

“That’s the assurance that elected officials in the six near municipalities give their constituents,” added Allen. “It’s troublesome, even a bit disheartening I have to admit, that most members of this council have seemed to be satisfied with something less than that.”

Allen said it’s not too late for a council to fix its code of conduct.

“You don’t have to fix it all, you don’t have to take account of new provincial statutes, just fix the part that has to do with conflicts of interest, it shouldn’t be that hard,” he said. “That way, candidates and voters in the upcoming municipal election will know that next term members’ decisions will be expected to pass the smell test.”

Sprague outlined how currently the municipal act requires that every local municipality in Ontario establish a code of conduct to govern the ethical behavior of members of council and of local boards. The County’s code of conduct was enacted by council on Oct. 24, 2017.

She said the policy serves as the framework to ensure accountability, transparency and integrity within the County’s political leadership. It outlines the distinct duties of council under the municipal act and provides specific directives on appropriate use of municipal property, land equipment, and staff resources; rules governing social media decorum, media relations and public communication; protection of confidential municipal information; and, guidelines surrounding the acceptance of gifts, benefits and hospitality.

“The policy also addresses the disciplinary measures available to council in the event of a breach of the policy, although these measures are restricted to the measures set out in the legislation,” Sprague explained. “If a member is found to have breached the code, the integrity commissioner can only recommend, and council can only enforce, two explicit penalties: (1) a formal, public reprimand, or (2) the suspension of the member’s pay for a maximum period of 90 days.”

On Feb. 10, a deputation to council by a member of the public identified enforceability gaps within the policy relating to conflicts of interest (non-pecuniary and apparent conflicts), she said.

“For example, a member of council attempting to use their authority or influence for the purpose of intimidating, threatening, coercing, commanding or influencing any staff member with the intent of interfering in staff’s duties would constitute a non-pecuniary conflict of interest.”

She said, specifically, the deputation noted that sections of the policy addressing these types of conflict are currently framed as “statements of principle” rather than strictly enforceable prohibitions, which may prevent the integrity commissioner from making enforceable findings of a code of conduct violation.

Sprague further explained that since then, the province introduced Bill 9 which amends the municipal act by repealing the current section 223.2 and authorizing the lieutenant governor to establish a uniform code of conduct for all municipalities.

“Although the lieutenant governor has not yet introduced regulations to prescribe this uniform code of conduct, the result will be that local codes of conduct are likely to be phased out entirely,” Sprague added.”

Once the provincial regulations are finalized for Bill 9 ahead of the next municipal election cycle, the County’s current code of conduct may no longer apply and/or may need to be amended,” the report stated.

“For example, the County will be required to adopt the same definitions for workplace harassment, conflict of interest, and decorum as every other municipality in Ontario as outlined by the new provincial regulations.”

Under the new provincial code of conduct framework, there are four main elements, outlined Sprague, including standardized code; new power of removal; two-tier oversight process; and mandatory training.

The staff report on the council code of conduct update, as well as the deputation from Paul Allen, discussed at the June 23 council meeting, can be found on the corresponding agenda items on the County’s website, along with the meeting recording.