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Home My WebLink AboutCLK 05-23 Pl(KERJNG Report to Executive Committee Report Number: CLK 05-23 Date: May 1, 2023 From: Paul Bigioni Director, Corporate Services & City Solicitor Subject: Pregnancy and Parental Leave Policy for Members of Council -File: A-1440 Recommendation: 1. That Report CLK 05-23 regarding a Pregnancy and Parental Leave Policy for Members of Council be received; and, 2. That the draft Policy included as Attachment #1 to CLK 05-23 be approved. Executive Summary: Bill 68, the Modernizing Ontario’s Municipal Legislation Act, 2017, received Royal Assent on May 30, 2017. One of the changes included in Bill 68 was an exception to the provisions of the Municipal Act (the “Act) that dictate when a Member’s seat becomes vacant should the Member take a pregnancy or parental leave. Section 270(1) of the Act, requires municipalities to adopt and maintain policies with respect to a number of matters. Bill 68 added a new paragraph 8, requiring municipalities to adopt and maintain a policy on pregnancy and parental leave for Members of Council. This amendment and the requirement for a policy came into effect on March 1, 2019 by the Lieutenant Governor. In March of 2019, an amendment to the City of Pickering Procedure By-law was adopted to include provisions to address the requirements under the Act for a policy pertaining to pregnancy and parental leaves for Members of Council. Adding these provisions to the Procedure By-law was a temporary measure to comply with the Act until such time that a more fulsome Policy could be brought forward for Council’s approval. The purpose of this Report is to now present a draft standalone policy pertaining to pregnancy and parental leaves for Members of Council in accordance with the provisions of the Act. Financial Implications: There are no financial implications associated with this Report or the proposed Policy. Any financial implications pertaining to Member’s salary and benefits are adopted through the annual budget process. Discussion: Section 259(1) of the Municipal Act states the office of a Member of Council of a municipality becomes vacant if the member is absent from the meetings of council for three successive months without being authorized to do so by a resolution of Council. CLK 05-23 May 1, 2023 Subject: Pregnancy and Parental Leave Policy for Members of Council Page 2 Section 259(1.1) states that the vacancy provisions in Section 259(1) do not apply to a Member of Council of a municipality who is absent for 20 consecutive weeks or less if the absence is a result of the member’s pregnancy, the birth of the member’s child or the adoption of a child by the member. The City’s Procedure By-law included the following wording which is now proposed to be removed and included more robustly in a standalone policy. The removal of these sections of the Procedure By-law are being presented to the Executive Committee on May 1, 2023 to coincide with this report: “03.03 In accordance with Section 259(1) of the Act, the office of a Member becomes vacant if the Member is absent from the Meetings of Council for three successive months without being authorized to do so by a resolution of Council. This section does not apply to a Member who is absent for 20 consecutive weeks or less if the absence is a result of the Member’s pregnancy, the birth of the Member’s child or the adoption of a child by the Member. 03.04 A Member who takes a pregnancy or parental leave shall notify the City Clerk in writing and will continue to be compensated under the Council Compensation Policy for the duration of their leave up to 20 consecutive weeks.” A review of pregnancy and parental leave policies for Members of Council from other municipalities was conducted across the Greater Toronto Area and it was discovered that they all contained similar provisions. In keeping with the requirements of the Act, and after reviewing municipal best practices, staff are recommending that the draft policy included as Attachment #1 to CLK 05-23 be approved. Attachments: 1.Draft Pregnancy and Parental Leave for Members of Council Policy Prepared By: Approved/Endorsed By: Susan Cassel Paul Bigioni City Clerk Director, Corporate Services & City Solicitor Original Signed By:Original Signed By: CLK 05-23 May 1, 2023 Subject: Pregnancy and Parental Leave Policy for Members of Council Page 3 Recommended for the consideration of Pickering City Council Marisa Carpino, M.A. Chief Administrative Officer Original Signed By: -~of PJ(KERJNG Attachment #1 to Report CLK 05-23 Policy Procedure Title: Pregnancy and Parental Leaves for Members of Council Policy Number ADM 250 Reference Municipal Act, 2001 Date Originated (m/d/y) May 1, 2023 Date Revised (m/d/y) Pages 3 Approval: Chief Administrative Officer Point of Contact City Clerk Director, Human Resources Policy Objective The Corporation of the City of Pickering (the “City”) recognizes a Member of Council’s right to take leave for the Member’s pregnancy, the birth of the Member’s child or the adoption of a child by the Member as required by and in accordance with Sections 259 and 270 of the Municipal Act, 2001(the “Act”) This Policy shall provide guidance on how the City addresses a Member’s Pregnancy/Parental Leave in a manner that respects a Member’s rights as an individual and their statutory role as an elected representative. In accordance with Sections 259 and 270 of the Act, this Policy applies to Members of Council during their Pregnancy/Parental Leave and only during the time the Member is a sitting Member of Council. Index 01 Definitions 02 Procedures 03 Responsibilities 01 Definitions 01.01 Committee – means any Board, Advisory Committee or Taskforce of Council, any external body, or local board not established by Council and any internal working group of an administrative nature. 01.02 Council – means the Council of The Corporation of the City of Pickering. 01.03 Members of Council (“Member”) – means the sitting Mayor and any Member of Council for the duration of their term in office. 01.04 Pregnancy/Parental Leave – an absence of 20 consecutive weeks or less as a result of a Member’s pregnancy, the birth of the Member’s child or the adoption of a child by the Member in accordance with Section 259(1.1) of the Act. 02 Procedures 02.01 The City supports a Member’s right to Pregnancy/Parental Leave in keeping with the following principles: a) A Member is elected to represent their constituents. b) A Member’s Pregnancy/Parental Leave does not require Council approval and their office cannot be declared vacant as a result of the Leave. c) A Member will continue to receive all communications entitled to them from the City as if the Member were not on Pregnancy/Parental Leave. d) A Member reserves the right to participate as an active Member of Council at any time during their Pregnancy/Parental Leave. e) A Member shall continue to receive all remuneration, reimbursements and benefits afforded to all Members of Council. f) Where the Member on Pregnancy/Parental Leave is also a Regional representative (i.e. a Regional Councillor or Mayor), the provisions contained in the Region of Durham’s Policy for Pregnancy and Parental Leaves for Members of Regional Council shall be applicable as it pertains to the Member’s role at the Region, however, the administrative process for remuneration from the City shall remain unchanged. 03 Responsibilities 03.01 Where a Member will be absent due to a Pregnancy/Parental Leave, the Member shall provide written notice to the City Clerk and Director, Human Resources, prior to the commencement of the Leave, indicating the expected start and end dates. The Member shall inform same of any changes pertaining to the end date by giving at least five business days notice. 03.02 Council may make temporary appointments to any Committee to cover the Member’s Pregnancy/Parental Leave if the Member is the only Member of Council appointed to that Committee. Any appointments shall be made in accordance with Policy ADM 045, Council Appointments to Committees. 03.03 Council may appoint a temporary alternate Member to the Region of Durham’s Council to act in place of the Member on Pregnancy/Parental Leave, and such appointment shall be made in accordance with Sections 267 and 268 of the Municipal Act and will be in place for the duration of the Pregnancy/Parental Leave. Policy Title: Pregnancy and Parental Leaves for Members of Council Page 2 of 3 Policy Number: ADM 250 03.04 Temporary appointments shall cease on the date of the Member’s return, as provided by the Member in accordance with Section 03.01 of this Policy. 03.05 Members of Council and City staff are responsible for adhering to the parameters of this Policy. 03.06 Staff are authorized and directed to take the necessary action to give effect to this Policy. 03.07 The City Clerk, or their designate, are delegated the authority to make administrative changes to this Policy that may be required from time to time due to legislative changes or amendments that do not significantly change the intent of the Policy. Policy Title: Pregnancy and Parental Leaves for Members of Council Page 3 of 3 Policy Number: ADM 250