HomeMy WebLinkAboutCLK 02-19-C~of-
PJ(KERJNG
From: Paul Bigioni
Director, Corporate Services & City Solicitor
Report to
Executive Committee
Report Number: CLK 02-19
Date: March 4, 2019
Subject: Revisions to Code of Conduct Policy ADM 070 and Procedure ADM 070-001
-Changes required through Bill 68, Harmonization of Gifts and Benefits Wording
and Housekeeping Matters
-File: A-1100-19
Recommendation:
1. That Report CLK 02-19 respecting changes to the Code of Conduct Policy ADM 070 and
Procedure ADM 070-001 be received;
2. That the changes to Policy ADM 070 as outlined in Attachment #1 to CLK 02-19 be
approved;
3. That the changes to Procedure ADM 070-001 as outlined in Attachment #2 to CLK 02-19 be
approved;
4. That the Mayor and Clerk be authorized to execute an addendum agreement for Integrity
Commissioner services to align with the new provisions of Bill 68;
5. That the draft by-law to amend Procedure By-law #7665/18 as presented in Attachment #3
to CLK 02-19 be enacted;
6. That the draft by-law to confirm the appointment of the Integrity Commissioner and the
expanded roles and responsibilities as presented in Attachment #6 to CLK 02-19 be
enacted;
7. That a copy of this report be forwarded to the Regional Clerk, Regional Municipality of
Durham, all Durham Region Municipalities and to the Integrity Commissioner, Guy Giorno,
Fasken Martineau Dumoulin LLP; and,
8. That the appropriate City of Pickering officials be authorized to take the necessary actions as
indicated in this report.
Executive Summary: Bill 68, Modernizing Ontario's Municipal Legislation Act, 2017, provides
for several legislated changes, some of which have already come into effect. Additional changes
effective March 1, 2019 require updates to the City's Code of Conduct Policy, ADM 070,
Complaint Procedure ADM 070-001, as well as various other documents as noted in the Report
recommendations.
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Subject: Revisions to Code of Conduct Policy ADM 070 and Procedure ADM 070-001
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The Code of Conduct Policy ADM 070 was adopted by Pickering Council on March 26, 2012, to
enhance the transparency and accountability with which Members of Council conduct themselves.
Since that time, through the provisions of Bill 68, a desire to harmonize gift and benefit language
in Codes across the Region of Durham and the need for some other minor housekeeping matters,
the Code requires updating.
The changes through Bill 68 and the expanded role of the Integrity Commissioner also require an
addendum to the original agreement for Integrity Commissioner services provided through Faskin
Martineau Dumoulin LLP, as well as an updated appointment by-law for the Integrity ·
Commissioner.
Staff are seeking authority from Council to update these applicable documents and to execute the
addendum agreement as outlined in the Report recommendations.
Financial Implications: Under the original agreement, the Region of Durham covers the cost of
the annual $900 retainer and this will remain in effect for the remainder of the term of the contract
which expires at the end of the current term of Council (November 14, 2022). The City is
responsible for paying the hourly service fee of $239.00 per hour for any services provided by the
Integrity Commissioner including services relating to complaints under the Code of Conduct, the
Municipal Conflict of Interest Act, any advice requested by Members of Council and any other
special project or service requests that may be made by the City.
There is no specific budget line item for the Integrity Commissioner, however, funds in the General
Government Contingency Account would be available should there be a need to engage the
services of the Integrity Commissioner. Up until this point in time, the City has incurred few
expenses related to the Integrity Commissioner. Should there be an increase in the usage of the
services, staff will review and consider the budgetary requirements for inclusion in the 2020
Current Budget for the City.
Discussion: Some of the legislated changes through Bill 68 came into effect in
January, 2018, with the remaining amendments coming into effect on March 1, 2019. The City
Clerk has reviewed the appropriate legislation and collaborated with other Durham Region Clerks
and the Integrity Commissioner to discuss necessary revisions to the Code.
It should be noted that the City is in a good position because its Code of Conduct already meets
some of the requirements of the March 1, 2019 Bill 68 requirements (including the adoption of a
Code of Conduct, appointment of an Integrity Commissioner, establishment of a policy for
pregnancy and parental leave for Members of Council and written disclosure statements for
conflicts of interest). The remaining changes to the Code relating to requirements from Bill 68 are
outlined later in this report. For ease of reference, the proposed changes to the Code and the
Complaint Procedure are outlined using tracked changes in Attachment Nos, 1 and 2 to provide
the ability to compare the old wording with the new. In an effort to decrease duplication of
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-Changes required through Bill 68, Harmonization of Gifts and Benefits Wording and
Housekeeping Matters Page 3
language between the Code and the Complaint Procedure, some of the information previously
contained in the Code of Conduct pertaining to enforcement, informal and formal complaints as
well as the review and investigation of complaints has been moved to the Complaint Procedure as
it is better placed in this document and not required in both.
In addition to the required changes through Bill 68, the Integrity Commissioner's 2017 Annual
Report provided suggested wording for two areas of the Code as noted below. Further, at the
meeting held on September 17, 2018 where the annual report from the Integrity Commissioner
was received by City Council through Resolution #471/18, Council suggested during discussion of
this matter that revisions to the Code should conform with other municipalities in Durham Region
· as much as possible. To that effect, in addition to the legislated requirements, the City Clerk has
been collaborating with other Clerks in the Durham Region and the Integrity Commissioner to look
for opportunities to achieve Council's request in harmonizing some of the Code wording.
The following provides an overview of the proposed changes broken down into three (3)
categories. It should be noted that the Code of Conduct applies to the City's advisory committees
and some local boards, and the following changes will also apply to those bodies:
Legislated Changes through Bill 68 (that have not yet been adopted by the City)
Municipal Act:
Requirement under Bill 68 and Relevant Action taken to comply with legislation:
Section of the Applicable Legislation
(Effective Date March 1, 2019):
Requirement to adopt a Policy for Council Staff Section 05 of the Code of Conduct has been
Relations. [Municipal Act -Section 270 (1)] updated and expanded to include wording
relating to Council/Staff relations and
reference to other City Policies currently in
place that speak to Council/Staff relations.
Expansion of the Integrity Commissioner's Sections 19, 20, 21 and 23 of the Code of
responsibilities to include: Conduct as well as the Complaint Procedure
have been updated to include these new
• Application of the Code for Members, provisions and the expanded role of the
application of any procedures, rules and Integrity Commissioner.
policies of the City governing the ethical
behaviour of Members, and application It is being recommended that Members
of sections 5, 5.1 and 5.2 of the contact the Integrity Commissioner directly
Municipal Conflict of Interest Act (MC/A) should they wish to receive advice pertaining
• Requests from Council Members for to the Code, City Policies or the MCIA and that
advice resoectina their obliaations
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under the Code of Conduct and other
policies and procedures of the City
governing the ethical behaviour of
Members
• Requests from Council Members for
advice respecting their obligations
under the MC/A; and,
• The ability to provide educational
information to Members of Council.
[Municipal Act-Section 223.3 (1)]
An elector or a person demonstrably acting in
the public interest may apply 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
MC/A. [Municipal Act -Section 223.4. 1]
Requirements that requests for advice be in
writing as well as the requirement that the
advice being given is provided in writing.
[Municipal Act-Section 223.3 (2)]
Requirement to indemnify and save harmless
the Integrity Commissioner or any person
acting under the instructions of the
Commissioner for costs reasonably incurred
by either of them in connection with the
defence of a proceeding if the proceeding
relates to an act done in good faith in the
performance or intended performance of a
duty or authority under this Part or a by-law
passed under it or an alleged neglect or
default in the performance in good faith of the
duty or authority. [Municipal Act -Section
223.3 (6)]
Termination of inquiries in an election year if
not completed before nomination day and the
requirement that no requests for inquiries or
reoorts to the Citv on an inauirv be
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the City Clerk be copied on the request for
awareness and budgetary reasons.
Inclusion of the expanded role of the Integrity
Commissioner is also reflected in the draft
addendum to the existing contract.
A proposed draft by-law to confirm the
appointment of Guy Giorno as the Integrity
Commissioner has been included as
Attachment #6 to update his expanded role
and reference to new sections of the Municipal
Act and Municipal Conflict of Interest Act.
New provisions included in Section 21 of the
Code and Section 15 of the Complaint
Procedure.
Included in Section 22 of the Code.
Draft addendum agreement includes this
provision.
Included in Section 08 of the Complaint
Procedure.
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commenced or provided between nomination
day and voting day. [Municipal Act -Section
223.3 (7), (8) and (9)]
Timelines include inquiries under Section 5,
5.1 and 5.2 of the MC/A. [Municipal Act -
Section 223.4. 1]
Timing of inquires under the MC/A and the
requirements that they must be made within
six weeks after the applicant became aware of
the alleged contravention. [Municipal Act -
Section 223.4.1 (4)]
Release of advice permitted with the Member's
written consent but if Member releases only
part of the advice, the Integrity Commissioner
may release part or all without obtaining the
member's consent. [Municipal Act -Section
223.5 (2)]
Municipal Conflict of Interest Act (MC/A):
Requirement under Bill 68 and Relevant
Section of the Applicable Legislation:
Requirement to allow a Member to take part in
the discussion at a meeting if the matter under
consideration is to consider whether to
suspend the remuneration paid to the Member
under subsection 223.4 (5) or (6) of the
Municipal Act. [MC/A -Section 5 (2.1)]
Ability for an elector, Integrity Commissioner or
a person acting in the public interest to apply
to a judge for a determination on whether a
Member has contravened Section 5, 5.1 or 5.2
of the MC/A. [MC/A -Section 8]
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Timelines pertain to inquiries under the Code
and MC/A.
A new MC/A Complaint Form has been
created and includes the required statutory
declaration as part of the Complaint. (Form
included as Appendix 3 to the Complaint
Procedure).
Note: the Integrity Commissioner has advised
that an affidavit is not required for a Complaint
under the Code and that it holds little value.
Based on this advice, the Code of Conduct
Complaint Form has been updated to remove
the affidavit requirement).
Included as Section 29 of the Code.
Action taken to comply with legislation:
Proposed amendment to Procedure By-law to
include this provision (See Attachment #3 of
Report CLK 02-19)
No changes required -note provided for
information and awareness.
Application directly to a judge requires several
events to have occurred prior to the application
being made. The updates to the Code and
Comolaint Procedure outline the process for
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Housekeeping Matters Page 6
MCIA inquiries to occur through the City's
appointed Integrity Commissioner. Outside of
this process, the City would have no
involvement in an application made directly to
a judge.
If determined by the judge that a Member has No changes required.
contravened the relevant sections of the MC/A, .
the judge may do any or all of the following: This note is provided for information and
awareness of the possible penalties that may
• Reprimand the Member or former be applied by a Judge for contraventions
Member; under the MC/A.
• Suspend the remuneration paid to the
Member for a period of up to 90 days;
• Declare the Member's seat vacant;
• Disqualify the Member or former
Member from being a Member during a
period of not more than seven years
after the date of the order;
• If the contravention has resulted in
personal financial gain, require the
Member or former Member to make
restitution to the party suffering the loss,
or, if the party's identity is not readily
ascertainable, to the municipality or
local board, as the case may be.
[MC/A -Section 9]
Recommendations from the Integrity Commissioner in the 2017 Annual Report (See
Attachment #4 to CLK 02-19):
The Integrity Commissioner has recommended that the following wording be included:
"Any written advice by the Integrity Commissioner to a member binds the Integrity Commissioner
in any subsequent consideration of the .conduct of the member in the same matter as long as all
the relevant facts known to the member were disclosed to the Integrity Commissioner." (Included
as Section 22.05 of the Code).
"If upon review of a Complaint, or at any time during an investigation, the Integrity Commissioner
is of the opinion that the Complaint is frivolous, vexatious or not made in good faith, or that there
are no or insufficient grounds for an investigation, the Integrity Commissioner shall not conduct an
investigation or shall discontinue the investigation and shall communicate this position in writing to
the Complainant and the member identified in the Complaint Form. The Integrity Commissioner is
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under no obligation to prepare a report for any matters that he or she summarily dismisses or
determines not to investigate or after an investigation is discontinued." (Included as Section 05 of
the Complaint Procedure). ·
Harmonization of Code of Conduct wording with other Durham Region Municipalities
Harmonization of wording centered mainly around the provisions of gifts and benefits under
Section 04 of the Code. This has been a long standing concern for several Durham Region
municipalities in that wording in the lower tier and upper tier codes has not been consistent
making it difficult for Members who sit on both the upper and lower tier councils to determine
which code applies in various circumstances.
Durham Region Clerk's met on January 29, 2019 with Guy Giorno, the City's appointed Integrity
Commissioner, who provided suggested wording for various sections of the Code (See
Attachment #5) to assist with providing consistent language across the Region. Some of the
changes are minor in nature and serve to re-organize the information in a format that is conducive
to specific section references as it pertains to limits and exceptions for gifts and benefits. More
significant changes are around the wording of some of the exceptions that allow Members to
accept certain gifts and benefits as well as the associated limits and disclosures of gifts and
benefits.
Many of the exceptions listed in Section 04.02 remain the same. The old wording for items h), i)
and j), have been expanded and elaborated to provide greater clarity around these exceptions.
Durham Area Clerks have all agreed to present this language to their respective Council's as
recommended by the Integrity Commissioner. Further to the wording changes, the Integrity
Commissioner has also recommended that the maximum acceptable value for gifts and benefits
be changed to increase the transparency of items received by Members. In the old wording of the
Code, some of the gifts listed under Section 04.02 required a disclosure statement if the value
exceeded $150 and others if the value exceeded $500. Limits were included to cap a total value
of certain gifts received at $1,000. The new wording provides that a dollar-limit of $500 be
imposed for some of the listed exceptions (see new Code Section 04.04) and that a disclosure
statement would be required for anything received valuing more than $200 (see new Code
Section 04.05 and 04.06).
Most of the Integrity Commissioner's recommendations have been incorporated in the proposed
changes described in this Report, however, the optional changes suggested by the Integrity
Commissioner, namely around the inclusion of lobbyist wording have not been included. The
Integrity Commissioner advised that if lobbyists were not actively participating and engaging
Members of Council, this provision was not necessary. Although not specifically stated in the
Code, all provisions of the Code would apply to a lobbyist and therefore these types of situations
and/or scenarios would already be covered under the Code. Should Council wish to include this
provision, direction should be provided to Staff in this regard.
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The updates to the Gifts and Benefits wording suggested in Mr. Giorno's recommendations
includes posting the Gifts and Benefits Disclosure statements on the City's website. Currently the
Disclosure Statements are kept in the Clerk's Office and are available to the public for viewing
upon request. Further, minor changes to the Disclosure of Gifts and Benefits Statement have
been incorporated as suggested by Mr. Giorno. In an effort to be open and transparent, it is
recommended that the Gifts and Benefits Statements be posted on the City's website. The
updated Code and Complaint Procedure would also be included on the website.
Through discussions with the Integrity Commissioner, Sections 04.05 to 04.07 inclusive have
been deleted as there is no need for the Integrity Commissioner to examine each Gifts and
Benefits Disclosure Statement. If a complaint is filed that pertains to a gift or benefit received by a
Member, the Integrity Commissioner would examine the Disclosure Statement at that time.
Further, there is no requjrementfor the Integrity Commissioner to review these statements.
Provisions that the City Clerk report annually to Council on all gifts received have also been
removed, as the Disclosure Statements are and will be publicly available on the City's website
and, if applicable, through the Integrity Commissioner's annual reports to Council which outline
any investigations conducted.
Further to the changes proposed in the Code, the new provisions in the Municipal Conflict of
Interest Act and the Municipal Act, and the expanded role of the Integrity Commissioner, an
addendum is needed to the original contract signed with Faskin Martineau Dumoulin LLP. The
Region of Durham provided the addendum wording and it has been vetted through the City
Solicitor who has not raised any concerns. Staff are requesting authority to execute the
agreement with the changes taking effect as of March 1, 2019 to coincide with the legislated
timeframes.
In closing, changes to the MC/A also require an amendment to the Procedure By-law to include
that a Member may take part in the discussion at a meeting if the subject matter being considered
is whether to suspend the remuneration paid to the Member. Although the Member. can take part
in the discussion, they are not permitted to vote on the matter. The draft By-law is included as
Attachment #3 to this report and staff are requesting authority to bring this by-law forward for
enactment by City Council.
Attachments:
1. Draft Code of Conduct Policy ADM 070 with Tracked Changes
2. Draft Procedure ADM 070-001 with Tracked Changes
3. Draft By-law to Amend Procedure By-law #7665/18
4. Integrity Commissioner 2017 Annual Report
5. Proposed harmonized wording recommended by Integrity Commissioner
6. Draft By-law to Confirm Appointment of Integrity Commissioner
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Prepared By:
S san Cassel
City Clerk
SC:sc
Recommended for the consideration
of Pickering City Council
of)~ &J. 2..1, 2.o t'1
Tony Prevedel , P.Eng.
Chief Administrative Officer
CORP0227-07/0 1 revised
ved/Endorsed By:
rate Services & City Solicitor
I Attachment# 1 to C LK 02-19 City Policy
Policy T itle : Code of Conduct Policy Policy Number: ADM 070
Reference: Date Originated: Date Rev ised:
Municipal Act, 2001, as amended March 2012 February 201 4
Municie_al Conflict of Interest Act, 1990 March 2019
Council Resolution# 45112
Counci l Resolution # 186/14
Council Resolution #xxx/19
Approva l: Chief Ad ministrative Officer Point of Contact: Director, Corporate Services &
City Solicito r
Policy Objective
1. Th is Code of Conduct is intended to complement t he oa th of office sworn by
each of the Members of Council of the City of Pickering .
2. Attaining an elected position with in one's communit y is a privilege wh ich carries
significant responsibilities and obligati ons. Members of Counci l are held to a high
standard as leaders of the community and are expected to become well informed
on all aspects of municipal governance, admini stration , planning and operations.
They are also expected to carry o ut their duties in a fair, impartial, transpare nt ,
prof essional and respectful manner.
3. All members of the Counc il of the City of Pi ckering are committed to protecting
and promoting the wel l-bei ng and best interests of the citizens of the City w ith t he
highest standards of integrity and ethical conduct. This Code is an affi rmat ion of
this commitment. It recognizes and is based on the following k ey statements of
principle:
• Me mbers a re com mitted to perfo rming their duties of office a nd arra n ging
their private affairs, in a manner th at promotes public confidence in the
integrity of each Member and respect for Council as a whole
• Members are comm itted to acting and being seen to act with integrity and
impartia lity that will bear the closest scrutiny
• Members are comm itted to serving thei r constituents in a consci entious and
diligent manner
• Members are committed to working with Ci ty officials and staff in a
conscientious an d respectfu l manner
• Members are committed to ensuring t hat their actions are open and
transpa rent to the greatest extent possible
• Members are committed to avoi ding waste , abuse and extravagance in the
provision and use of any of the City's resources
Index
01 Definitions
02 Statutory Provisions and References to Legislation
03 Application
Member Conduct
04
05
06
07
08
09
10
11
12
13
14
15
16
17
18
Gifts and Participation at EventsBenefits
Interaction wit h the Public, Other Members and Git-y-Counci l/Staff Relations
Influence
Conflicts of Interest
Confidential Information
Communications and Media Relations
Charitable Activities
Use of City Property
Election CampaignsApplicable Laws and Policies
Use of Alcohol Election Campaigns
Professional Development Use of Alool'lBI
Conduct of Former Members PFofessional De,,,elopment
Obstruction Conduct of FOFmeF MembeFS
Reprisals ~ctioA
Role of the Integrity CommissionerRepFisals
Enforcement
19
20
21
22
23
24
25
26
27
28
lnfOFmal Complaints
Lodging of FoFmal Complaintsl nquiries
Initial ClassificationAdvice
Investigations Penalties
ConfidentialityPmsentation of Findings
Annual ReportsCGnfiEleAtiali-ty
Council Review
CostsSanctions
CGsts
Repeal
Policy Title: Code of Conduct Po licy
Policy Numbe r: ADM 070
Page 2 of 25
01 Definitions
01.01 In this Code and in the Policy Objective,
a) "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 fami ly;
b) "City" means the Corporation of the City of Pickering ;
c) "City property" includes City-owned and leased faciliti es, vehicles ,
equipment, supplies, services, computer hardware and software, and
intellectual property;
d) "complaint" means a written request to investigate the conduct of any
member or a possible violation of the Code of Conduct or an inquiry into
an allegation that the Member has contravened Section 5. 5 .1 o r 5 .2 of the
Municipal Conflict of Interest Act filed in accordance w ith Complaint
Procedure ADM 070-001.
~"confidential information" includes information relating to the subject
matters set out in Section 0 &G4-of this Code and information in the
possession of the City that the City is prohibited from disclosing under the
Municipal Freedom of Information and Protection of Privacy Act and other
legislation ;
~O"Council" means the Council of The Corporation of the C ity of Pickering
-Bg)_"gift or benefit" includes any cash or monetary equi,..alont, fee. object of
value, service, forbearance , preferential treatment or personal benefit,
received from a third partymeans anythi ng of va lue including but not
limited to cash or monetary equivalent. fee. object of va lue. service. meal.
travel. accommodation or entertainment;
9)hl "Integrity Commissioner" means the Integrity Comm issioner
appointed by the City pursuant to Section 223.3 of the Municipal Act.
;2001 :
A}i}"legitimate municipal purpose" when used in this Code means that the
activity or event in which the Member participates re lates in the fi rst
instance and directly, to the fulfillment of duties as a Member of P ickering
City Council and not in relation to a private interest or individually to th at
Member of Council.
@_"Member" when used in this Code, means every Member of Council of the
City as well as every other person described in Section 03 ; af1G;
Policy Title: Code of Conduct Policy Page 3 of 25
Policy Number: ADM 070
BJ:1"parent" means a person who has demonstrated a settled intention to treat
a chi l d as a member of his or her family whether or not that person is the
natural parent of the child; ·
1L
~"spouse" means a person to whom the person is married or with whom the
person is living in a conjugal relationship outside marriage;
~m) "third party" includes any individual, corporation, and other legal ly
recognized person or entity , but does not include:
(i) the City, and those bodies referenced in Section 03 of the Code;
(ii) any other Ontario municipality;
(iii) the Government of Ontario; and
(iv)the Government of Canada;
(v) or any of their respective staff, employees, committees, advi sory
committees , boards, authorities, departments and related entities, in
their capacities as such.
02 Statutory Provisions and References to Legislation
02.01 In this Code, reference to any Act or by-law is reference to that Act or by-
law as amended or re-enacted from time to time.
02.02 This Code of Condu ct operates along with, and as a supplement to, the
existing statutes governing the conduct of Members . The following Acts of
Provincial legislation govern the conduct of Members of Council :
• T he Municipal Act, 2001 ;
• The Municipal Conflict of Interest Act;
• The Municip al Elections Act, 1996; aoo
_• _The Municipal Freedom of Information and Protec tion of Privacy
Act, 1990. .
• Occupational Health and Safety Act. 1990: and,
• Human Rights Code, 1990.
02.03 The Crim inal Code of Canada also governs the conduct of Members of
Council.
Policy Title : Code of Conduct Policy Page 4 of 25
Policy Number: ADM 070
03 · Appli ca tio n
03.01 Subject to Section 03.02, this Code applies to all Members of City Coun cil
and , with any necessary modifications, to:
a) all persons appointed by the City to exercise any statutory power of
decision (e.g. Fence Viewers a n d members of t he Committee of
Adjustment, the Animal Services Comm ittee an d the Property
Standards Committee);
b) all members of the City's advisory committees (e.g . Heritage Pickering
Advisory Committee, Accessibility Advisory Committee and Pickering
Muse um Advisory Committee); and
c) all persons appointed by the City to any agency, board or comm ission
includ ing Elexicon Energy (formerly Veridian Co rporation} a nd the
Toronto an d Region Conservation Authority .
03.02 T his Code does not apply to members of the Pickering Public Library
Board.
Member Conduct
04 Gifts a nd Participation at EventsBenefits
Gifts and benefits are often received by Mem bers in the course of t heir duties , and
attendance at public functions is expected and considered a leg itimate part of the ir
rol e. The object of this rule i s not to prohibit Members from participating in events
in their community , but rathe r to provide t ransparency around t he receipt o f
incidental gifts and benefits, where the total value may be perceived as potenti all y
influence decision making . Maintaining a publ ic record of Member e.Q isclosure
§statements functions as a tra nsparency tool and not an imped im ent to Member
participation at community events.
Person al integrity and sound business practices require that re lati o nsh ips with
vendors, contractors, or others doing business w ith t he City, be such that no
Member of Council is perceived as showing favorit ism or bias toward the vendor,
cont ractor or other.
A Gift or Benefit to a Member's Spouse. Child or Parent that is connected directly
or indirectly to the performance of the Member's duties is deemed to be a Gift or
Benefit to the Member if provided with the Member"s knowledge o r solicited by the
Member.
Policy Title: Code of Conduct Policy Page 5 of 25
Policy Number: ADM 070
easl:i Member of Counsil is ass ou ntab le to tl:i e pu bli s and sl:i o uld:General
Rules on G ifts and Benefits:
04.01 A Me mbe r shall not solicit o r accept a ny Gift or Benefit that
al i s intended to influence . migh t i nfluence . o r could re asonably be
perceived t hat it might influence or is intended to influ en ce. t he
Member in th e performance of the Member's duties as an elected
official : or
~bl is intended . or could reasonably be perceived that it is intended, as
a reward for any action or impending action by the Member.Subject to
Sectiens 04 .02 to 04 .07 , no Member sl:ia ll sol icit or accept any gift tl:iat
is directly or indirectly connected witl:i tl:ie performance of his or her
duties of office . For the purposes of this pro vision, any gift provided to
a--Mem-ber's child, parent-Gf...6pouse , w ith the Member's knowledge;
shall be deemed to be a gift accepted by that Member.
Exceptions:
04.02 Despite section 04.01 . a Member may accept t he followi ng:The City
fe60gnizes that moderate hospitahly--afl~rtiei-pation in charitabie,AoA-
profit fundra ising and business events is an accepted courtesy of
community participation and business relationships . When a Member
receives an invitation to attend-afl-8.IJeAt-where the invit ation-is-GonneGted
aifectly w ith the performance of th e Member's duty as an official City
representati\1e, the attendance and participation at the event is not
wnsidered to be a gift. Attendance is con-sitlered to be-the-fl:ll#llmeAt-of--an
official function or duty. VVhen a Member receives an invitation to attend an
event in his or her capacity as an individual Member of Council and not as
an official City representative , receipt of the food and beverages
consumed at lunches, dinners charity fundraisers , banquets, receptions,
ceremoni es or sim ilar events, is deemed to be a gift or benefit under the
Code and-tfiggers the reql,l+femen+-of-fili-ng-a-tli-sGlosu re statement if the
value of the gift or benefit exceeds the monetary threst:iold set by the
Code. Ac cordingly , the following types of gifts a re recognized as
exc eptions-to-tl:ie--pFOAIDition in Section 04 .01 :
al A political contribut ion offered. accepted and reported in accordance
with applicable law;
bl Food o r beverage. of reasonable value. at a banquet, reception.
ceremony or similar eve nt that the Member attends for a legitimate
municipal purpose:
Po licy Title: Code of Con duct Policy Page 6 of 25
Policy Numbe r: ADM 070
c) A Gift or Benefit that is received as an incident of protocol or social
obligation t hat normally and reasonably accompanies the
responsibilities of office:
d) A token gift such as a souvenir. memento or commemorative gift that is
given in recogn ition of seNice on a committee. for speaking at an
event. or for representing the City at an event
e) A communication to the office of a Member. including a subscription to
a newspaper or periodi cal:
D A seNice provided by a person volunteering time w ithout
compensation;
g) Food. lodging. tra nsportation or entertainment lawfully provided by a
government (federal. provincial. local or foreign) or government
agency. or by a not-for-profit organization whose members are
governments or government agencies (examples of such a not-for-
profit organizati on include the Canadian Association of Nuclear Host
Communities and the Federation of Canadian Municipalities);
h) Food. lodg ing. transportation or entertainment lawfully provided by the
organizer of a conference. seminar. charity fundraiser. re ception.
ceremony. cu ltural event. sporting event. business. or political event
where the Member is speaking or attending in an official capacity:
i) An invitation from and at the expense of a private third party to attend a
conference. seminar. charity fundraiser. reception. ceremony. cultural
event or other similar event within the City where the proceeds raised
are to support a not-for-profit or charity organization provided that the
Member is not lobbied at t he event
j) Reimbursement of a reasonable expense incurred. or an honorarium
received. in the performance of activities connected with a public
authority. or a mun icipal association. agency. board or corporation.
including a corporation of which the City is a shareholder or member:
k) A sponsorship or donation for a community event organized or run by
a Member. or a third party on behalf of a Member. subject to the
limitations set out in any applicable policy of the City: and.
I) Compensation authorized by Council or law.
a) 9ifts that aFe Feceived as an incident of pmtocol OF social obli9ation
that nOFmally and FOasonably accompany the Fesponsibilities of office:
Policy Title: Code of Conduct Policy Page 7 of 25
Policy Number: ADM 070
b) token gifts such as souvenirs, mementoes and commemorative gifts
that are given in recognition of service on a committee, for speaking at
an event, or representing the City at an event;
c) food and beverages consumed at lunches, dinners, charity fundraisers ,
banquets , receptions , ceremonies or similar e11ents, if the Member's
attendance serves a legitimate municipal purpose;
d) communications to the offices of a Member, including subscriptions to
newspapers and periook;al-~
e) compensation authorized by law;
f) politi cal contributions that are offered , accepted and reported in
accordance with applicabl e law;
g) services provided without compensation by persons volunteering their
tim€i-
h) gifts of admission to dinner, charity fundraisers , banquets, receptions,
ceremonies , cultural events, sporting events, business, galas, political
events , and similar events, if the MemeeF&-attentiaflce-sei=ves-a
legitimate municipal purpose.
it-reasonable payment for partiGipatien-ifl-er-GF§aR~g any recoptioo,
dinner, gala , golf tournament or similar event to support charitable
causes or a political fundraising e11ent; and
j) food , lodging , transportation or entertainment from a not for profit non
govf:lmment organization (e .g. Greater Toronto Marketing Alliance and
Canadian Association of Nuclear-l=fost Communities).
Solicitation:
04.03 This section does not preclude a Member from soliciting funds or
donations in support of a charitable or philanthropic cause. organization.
or charity provided that all funds or donations are provided directly by the
donor(s) to the recipient organization or charity .
Maximum Acceptable Value:
04.04 Despite anything else in this Code. a Member shall not accept a Gift or
Benefit of value greater than $500 and shall not accept from a single
source during a 12-month period Gifts and/Benefits of total value greater
than $500. This dollar-limit does not apply to an item described in
paragraph (a). (g}. (h). (j) or (I) of section 04.02.
Policy Title: Code of Conduct Policy Page 8 of 25
Policy Number: ADM 070
Public Disclosure:
04.05 A Member who receives a Gift or Benefit of value greater than $200 or
receives from a sin gle source during a 12-month period Gifts and/Benefits
of total value greater than $200 shall within 30 days of receipt file a
Disclosure Statement with the City ClerkWithin 30 days of reoeipt of-any
gift dosoribed in Section 04 .02 (a), (b) or (c), Members shall file a
disclosure statement with the City Clerk for any gift that mweeds $150. If
the value of any gifklesGFieea-ffi-Seotion 04.02 (h), (i) or U) exoeeds $500,
or if the total value of such gifts recei~1ed from any one sou rce during one
calendar year exceeds $1 ,000, the Member shall file a disclosure
statoment with the Integrity Comm issioner wi-thin 30 days of the receipt of
the gift or the re ceipt of the last of such g ifts totalling $1 ,000 , as the case
may-be.
04.06 No D isclosure Statement is requ ired for an item described in paragraph
(a), (b), {f), or (I) of section 04.02.
Q4..0304 .07 The Disclosure Statement shal l set outEvery disclosure statement
shall indicate;~
a) Nature of Gift or Benefit;
bl Source;
c) Date received ;
d) Circumstances unde r which Gift or Benefit was g iven and received;
e) Estimated value;
O What the recipient intends to do with Gift or Benefit; and,
g) Whether Gift or Benefit wi ll at some point be provided to the
municipality.
a}-_the nature of the gift;
Gt---i-t&-soofGe-alld date of -feGeipt;
a) the oirc umstanoes under which it was received ; and
a) its estimated value.
04-0404.08 Every Di sclosure Statement shall be made a publ ic record and
posted on the City's WebsitcEvery disclosure statement shall be a matter
of publio record .
Policy Title: Code of Conduct Policy Page 9 of 25
Policy Number: ADM 070
Recommendations of Integrity Commissioner and Authority of Council
04.05 The City Clerk shall report to Council annually on all gifts re ceivee-ey
Members that are disclosed in accordance w ith Section 0 4.03.
04.-G6 The Integrity Commi&Gioner shall e xami ne e very disclosure statement filed
with him or her to ascertain whethe r the receipt of the gift might, in her or
hi s opinion , create a conflict bet>.veen a private interest and the public
ooties of the Member. If th e Integrity Commissioner makes that
preliminary determination , the Member shall be asked to justify receipt of
~
04.09 In a report on a Complaint that relates to a Gift or Benefit, in add ition to the
range of recommendations otherwise provided under th is Code, the
Integrity Commissioner may recommend, and upon considerati on of th e
Integrity Commissioner's report the Coun cil , in addition t o its other powers
under this Code, may impose, one or more of the following remedies#-tl:le
-lmegrity Commi ss-ieAer determines that recoif)t-Gf-the gift was
inappropriate. he or she may direct the Member to return the gift,
reimburse the donor for the value of any gift already consumed, forfeit the
gift, or remit the value of any gift a lready consumed, to tho -C-ity-,~
al That t he Member be di rected to return the Gift or Benefit.
bl That t he Member be di rected to reimbu r se the donor for the value of
a Gift or Ben efit already consumed .
cl That the Member forfeit the Gift or Benefit to the City.
cijd) That t he Me mber be directed to rem it to the City the va lue of
a Gift or Benefit already consumed
05 Inte raction with the Public, Other Membe rs and Council/Staff ;
Gthe rRelations-Membe-FS-aAd--Git-y-Sta#
05.01 Members have a duty to treat members of the publ ic , one anot her, and
staff, with respect and dignity and wi th out abuse, bul lying or inti midation.
05.02 Members have a duty to ensure that the City's work environment is safe.
and free from discrimination an d harassment.
05.03 No Member shall compel staff to engage in partisan political activities or
be subjected to threats or discrimination for refusing to engage in any s uch
activity.
Po li c y Title : Code of Cond uct P olicy Page 10 of 25
Policy Number: ADM 070
05.04 Members must recognize that staff serve Council as a whole and the
collective interests of all Members as evidenced through the decisions of
Council, and that the role of staff is to provide advice that is based on
political neutrality, objectivity and professional j udgment which may not
necessarily reflect the opinion or position of any single member of Council.
05 .05 Every Member shall conduct himself or herself properly and with decorum
at Counci l meetings in accordance with the provisions of the City's
Procedural By-law or any revision thereof.
05.06 Respect shal l be shown at all times for the roles and responsibilities which
Members of Council have in the decision-making process through elected
office and which City Staff have in formulating and providing
recommendations to Council.
05.07 The priorities and timelines of Council and City Staff must be understood
and respected, including sufficient communication if there are adjustments
made to any previously stated timelines.
05.08 At no time shall a Member of Council involve themselves in matters of
administration or departmental management.
05.09 Notwithstanding the provisions noted above. Members shall have regard
for the following City Policies that outline further parameters pertaining to
Council/Staff Relations including:
• Hiring Policy (HUR 040)
• Workplace Harassment Policy (HUR 070)
• Occupational Health & Safety Policy (HUR 130)
• Counci l Compensation Policy (ADM 190)
• Personal Computer Use Policy (ADM 030)
• Freedom of Information and Protection of Privacy Policy (ADM 050)
• Purchasing Policy (PUR 010)
• Cellular Phone and Mobile Communications Devices Policies (ADM
080)
• Employee Code of Conduct (HUR 050) and,
• The City's Procedure By-law as amended from time to time.
05.10 To the extent that there is any inconsistency between this Code and any
of the City's policies. this Code prevails.
Policy T itle: Code of Conduct Policy Page 11 of 25
Policy Number: ADM 070
06 Influence
06.01 No member shall use his or her office to seek to influence any decision
made or to be made by Council, any Member or any other person to the
member's private advantage or to the advantage of another person.
06.02 No Member shall use his or her office to seek to influence or interfere with
the administration or enforcement of the City's regulatory by-laws or other
laws enforced by the City. Notwithstanding this, it is recognized that
Members of Council may, in good faith, raise the concerns of residents
with City staff for the purpose of determining if those concerns can be
resolved, having due regard for the public interest in fair and impartial by-
law enforcement.
06.03 All applicants for City positions shall have an equal opportunity to obtain
employment.. No Member shall use his or her office to seek to
inappropriately influence the hiring of specific individuals for any position
within the City, including part-time employees and summer students.
Nothing in this Section prohibits a Member from: (i) providing a reference
for an applicant for any position within the City, or (ii) offering his or her
opinions and voting on any decision to hire a Chief Administrative Officer.
06.04 No Member shall use the City's corporate logo or the City letterhead in any
communication intended to solicit funds to support any cause, unless such
cause has been sanctioned by the City.
07 Conflicts of Interest
07.01 It is· the responsibility of each Member to be familiar with and adhere to the'
provisions of the Municipal Conflict of Interest Act. In addition, recognizing
the importance of avoiding even the appearance of a conflict of interest,
Members are encouraged to interpret the phrase "conflict of interest" in its
broadest possible terms, and shall avoid taking any action or making any
decision where there are grounds for a reasonable person to think that a
conflict exists between the Member's personal interests and the public
interest.
08 Confidential Information
08.01 In accordance with Section 239 of the Municipal Act, 2001 and City's
Procedural By-law, meetings may be. held in camera if the subject matter
being considered is,
Policy Title: Code of Conduct Policy Page 12 of 25
Policy Number: ADM 070
a) the security of the property of the municipality or local boardthe se curity
of the woperty of the City;
b) personal matters about an identifiable individual, including municipal or
local board af!Y-employee.§ of the City ;
c) a proposed or pending acquisition or disposition of land fGr-Gi-ty
purposesby the municipality or local board;
d) labour re lations or employee negotiations;
e) litigation or potential litigation , including matters before administrative
tribuna ls, affecting the Gitymunicipality or local board ;
f) advice that is subject to solicitor-client privilege, includ ing
com munications necessary for that purpose; Of
gLa matter in respect of which Council. board, committee or other body
may hold a closed meeting under another Acta~
hl information explicitly supplied in confidence to t he municipality or local
board by Canada, a province or territory or a Crown agency of any of
them; ·
il a trade secret or scientific, tec hnical. commercial. financial or labour
relations information. supplied in confidence to the municipal ity or local
board , which. if disclosed. could reasonably be expected to prejud ice
significantly the competi tive position or interfere significantly with the
contractual or other negotiations of a person. group of persons, or
organization:
j) a trade secret or scientific, techn ical. commercial or financial
information that belongs to the municipality or local board and has
monetary value or potential monetary value: or
91k) a position, plan, procedure, criteria or instruction to be applied to
any negotiations carried on or to be carried on by or on behalf of the
municipality or local board .
08.02 In accordance with the Municipal Act, 2001, a meeting may also be held in
camera if it is held for the purpose of educating or training Members and ,
at the meeting, no Member discusses or otherwise deals with any matter
Policy Tit le: Code of Conduct Policy Page 13 of 25
Policy Number: ADM 070
in a way that materially advances the business or decision-making of
Council.
08.03 Members shall hold in strict confidence all information concerning matters
dealt with in camera. No Member shall release, make public, or in any
way divulge any such confidential information or any aspect of the in
camera deliberations, unless expressly authorized or required by law.
08.04 No Member shall release, make public, or in any way divulge any such
confidential information acquired by virtue of his or her office, unless
expressly authorized or required by law.
08.05 No Member shall use information gained in the execution of his or her
office that is not available to the general public, for any purpose other than
his or her official duties.
08.06 No Member shall access or attempt to gain access to confidential
information in the custody of the City except to the extent necessary for
the performance of his or her duties as a Member.
09 Communications and Media Relations
09.01 Members shall fairly and accurately communicate the decisions of Council
even if they disagree with. a majority decision of Council, in order to foster
respect for the decision-making process of Council.
1 O Charitable Activities
10.01 As community leaders, Members of Council are called upon to organize,
sponsor, assist and support various charities, service clubs, and other
non-profit and community-based associations. For example, Members
support their communities in a variety of ways including, but not limited to:
a) accepting honorary roles in organizations;
b) sending their names to organizations and events to assist in
fundraising; and
c) encouraging community donations to registered charitable, not-for-
profit, or other community-based groups,
Policy Title: Code of Conduct Policy Page 14 of 25
Policy Number: ADM 070
10.02 Members supporting these community endeavours shall respect the need
for transparency with respect to their involvement in such enterpr ises, and
shal l perform their community service in a manner that promotes public
co nfidence.
10.03 This Code recognizes that Members of Counci l are community leaders
and may_, within the rules of City Expense policies, lend their support to
and encourage community donations to reg istered charitable and Not-for-
profit groups, urg e constituents , business and other groups to support
community events and advance the needs of a charitable organ ization put
on by others in the City, in addition to collaborating with t he Ci ty of
Pickering and its agencies to hold community events.
10.04 Members of Council shoul d not handle any funds on be hal f of any
organizati ons or community group and should remain at arm's length f rom
the financia l aspects of these community and external events. Any funds
sol icited and/or donated should be handled in accordance with Section
04.03 of this Code .
11 Use of City Property
11 .01 A Member who has care or custody of City property shal l ensure that such
property is properly used , maintained and secured. Members shall be
held personall y responsible for loss or damage if , in the opinion of the
Chief Administrative Officer, City property under their care or custody has
been used , maintained or secured in a neg ligent or abusive ma n ner.
11.02 All City property required by Members to perform their duties of office shall
be procured by the appropriate City sta ff in the manner set out in the City's
Purchasing Policy and shall be considered purchased for the benefit of the
City, not the benefit of the Member.
11.03 A Member shall not use, or permit the use of, City property or any ot her
City resource for activities not associated with the di scha rge of his or he r
dutie s of offic e .
..... 112,,__-,.,ft..w,ppl-iGable-baws-aAa-PGl-iGie-~-------------------------------------------------------------------------·
~embers are expected to serve the public interest by upholdtn§-OOtMJ:le
letter and the spirit of the laws and policies established by the federal
Parliament, Ontario Legislature, and City Council.
12.02 The City has established a comprehensi~•e set of policies and procedures
designed to ensure that the ,,..,ork environment is safe and free from
discriminatiofl-afld--1:laras-sment, and that the City's operations are effective,
Poli cy Title: Code of Conduct Policy Page 15 of 25
Policy Number: ADM 070
Commented [CSl]: The Informatio n in th is sectio n has been
moved to Sect ion 5.
efficient, open and accessible. All Members are required to observe the
terms of all such policies and procedures in the same manner and to the
same extent as employees of the City . Specifically, Members are expected
to comply with the following poli~
• Hiring Policy (HUR 040)
e---Wefkj;lace-J.lara&sment Policy (HUR 070)
• Occupational Health & Safety Policy (HUR 130)
• Council Compensation Pol icy (ADM 190)
.___p.eFSenal Computer Use Policy (ADM-OW)
• J;reedom of Information and Protection of Privacy Policy (ADM 050)
• Purchasing Policy (PUR 010)
-.Ge-ll1,1laf-P.l::lone-ana-Mobile Communications Devices Policies (ADM
000)
12.03 To th~t there is any incensi-steooy-ee-tweon this Code-aAtl-any-ef
the City's policies, this Code prevails.
4-312 Election Campaigns
4-312.01 No Member shall use City property for any election campaign o r
campaign-related activities. For purposes of th is Section, City property
includes the City's corporate logo.
4-ajl.02 No Member shall undertake campaign-related activities on City-
owned lands.
4-a12.03 An exemption to Sections 13.01 or 13.02 may be granted by the
Ci ty Clerk where such is, in the view of the City Clerk, in the public interest
(e.g. politi cal debates).
4-a12 .04 No Member shall use the services of City employees in work for his
or her re-electi on during hours in wh ich those employees are in the paid
em plo ym ent of the City.
4413 Use of Alcohol
4413.01 Members shall not be permitted to charge as an expense to the
Ci ty the cost of purchasing any alcoholic beverage. An exception sha ll be
made for reasonable alcohol costs associated with a legitimate business
meeting , lunch , dinner or event involving bus iness representatives or
dignitaries, consistent with conducting City business.
Policy Title: Code of Conduct Policy Page 16 of 25
Policy Numbe r: ADM 070
4-S14 Profess iona l Devel opm e nt
4814 .01 Members shall promote and participate in opportunities for
professional development in order to carry out efficiently and effectively
the responsibilities of their office and to rema in curren t on issues affecting
the City.
4615 Cond uct of Former Me mbe rs
4e15.01 The City sh all not hire or award a ny contract to any former Member
for a period of 12 months from the date the former Member ceased to hold
office , except where the former Member is the successful bidder th rough a
quote or tender consistent with appropriate City pol icies.
4e15.02 A former Member may not lobby t he City, or any Member, for a
period of 12 months from th e date the former Member ceased to hold
office. For purposes of this Section, "lobby" includes being paid to try to
influence a Member on an issue.
4+16 Obstru ct ion
17 .01 No Member shall obstruct the Integrity Comm issioner in the carrying out of
her or his responsibilities .
17Reprisals
18.01 No Member shall seek any reprisal or threaten any reprisal, against a
complainant or any other person for providing relevant information to the
Integrity Commissioner in the course of inquiry pursuant to a complaint.
Policy Title: Code of Conduct Policy Page 17 of 25
Policy Number: ADM 070
18 Role of the Inte grity Commissioner
18.01 T he Integrity Commissioner shall be responsible fo r performing in an
indepen dent manner the following functions as assigned by the City with
respect to:
• t he application of the Code of Conduct;
• t he application of any procedures. rules and policies of the City
governing the ethical behaviour of Members: and
• maintaining custody and control of the Integrity Commissioner's
complaint and inquiry files and, on completion of their term of
appointment, to transfer open files relating to ongoing matters to the
incoming Integrity Commissioner appointed by Council.
18.02 In addition, to the responsibilities set out in Section 19.01, the Integrity
Commissioner s hall also provide:
• information to Council as to Members' obligations under the Code of
Conduct and the Complaint Procedure:
• information to Council with respect to compl iance with the
requirements of the Municipal Conflict of Interest Act including with
respect to declaring a conflict o f interest, and not using any influence
where a matter is being considered by an officer or employee of t he
City:
• advice to individual Members regarding specific situations as they
rel ate to the application of the Code of Conduct:
• advice to individual Members r egard ing their obli gations under the
Municipal Conflict of Interest Act;
• advice to Council on other policies and procedures that relate to the
ethical behavior of Members:
• information to the public regarding the Code of Conduct and the
obligations of Members under the Code of Conduct and the Municipal
Conflict of Interest Act; and
• an annual report to Council on the activities of the Integrity
Commissioner.
18 .03 Without limiting the generality of Section 19.01. the Integrity
Commissioner may determine, on a case-by-case basis. whether to
undertake an investigation or not to undertake an investigation on whether
a member has contravened the Code of Conduct or sections 5, 5.1 or 5 .2
of the Municipal Conflict of Interest Act. The Integrity Commissioner shall
be entitled to summarily dismiss a complaint filed in accordance with the
Complaint Procedure on the basis that it constitutes in his or her opinion,
an abuse of process or is frivolous or vexatious.
Policy Titl e : Code of Conduct Po licy Page 18 of25
Policy Number: ADM 070
18Q~04 Without limiting the generality of Section 19, all determ inations of the
Integrity Commissioner under the Code of Conduct shall be made in his or
her own absolute discretion and shall be final and binding.
18.05 Any written advice given by the Integrity Commissioner to a member binds
the Integrity Commissioner in any subsequent consideration of the conduct of the
member in the same matter as long as all the relevant f acts known to the
member were disclosed to the Integrity Commissioner.
~ Complaints
~jQ,_0 1 All complaints pursuant to the Code of Conduct shall be filed in
accordance with Complaints Procedure ADM 070-001 .
~Inquiries
20~0 1 An elector or a person demonstrably acting in the public interest may apply
in writing to the Integrity Commissioner for an inquiry to be carried out
concerning an alleged contravention of Sections 5. 5.1 or 5.2 of the
Municipal Conflict of Interest Act.
20~02 The application must set out the reasons for believing that a Member has
contravened the aforementioned sections of the Municipal Conflict of
Interest Act and include a statutory declaration attesting to the fact that the
applicant became aware of the contravention not more than six weeks
before the date of the application (or within the period of time starting six
weeks before nomination day for a regular election and ending on voting
9..§Y1
20~0 3 The Integrity Commissioner must complete the inquiry within 180 days
after receiving the completed application . unless the inqu iry is terminated .
20.04 Upon completion of the inquiry, the Commissioner may apply to a judge
for a determination as to whether the member has contravened the
aforementioned sections of the Act.
20~0 5 All requests for inquiry shall be filed in accordance with the Complaint
Procedure .
.?.1._Advice
21~~01.~Requests by a Member for advice must be in writing and provided
directly to the Integrity Commissioner. The City Clerk shall be copied on
all requests for advice by a Member to the Integrity Commissioner.
Policy Title: Code of Conduct Policy Page 19 of 25
Policy Number: ADM 070
212~0 2 Advice given by the Integrity Commissioner to a member of Council or
local board shall be pro vided in writi ng .
21.03 The Inte g rity Commissioner shall update the City Clerk on the status of
such Member req uests.
22 Penalties
22.01 Council may, where it has received a report from its Integrity
Commissioner that there has been a violation of the Code of Conduct,
impose one of the following penal ti es on a member w ho has been found to
be in contravention of the Code of Conduct:
a) a reprimand; or
b) suspension of the remu neration pai d to the Member in respect of his
or her services as a member for a peri od of up to ni nety (90) days .
JEnforcemen( _______________________________________________________________________________________________________ _
19.01 Any resident of Pickering who has observed conduct by a Member that t he
person believes contravenes this Code, is encouraged to deal initially with
the matter-iAfeffilaUj43-y-aavfsiAg--tl=le--Memaer-tRat-the-Gonduct-GentraveAes
the Code and by encouraging the Member to stop the prohibited conduct.
20 Lodg ing of Forma l Com pl aints
20.01 Any resident of Pickering who believes that a Member has contravened
the Code may make a request-the,..foornpla int") that the matter be formally
reviewed. Every complaint shall ;
at-be in writinff,
b) set out the grounds for the belief and the contravention alleged;
c) be signed by an identifiable ind ividual (whi ch includes the authorized
signing officer of an organization);
d) include a supporting affidavit that sets out the evidence in support of the
complaint;
e) include t he original or copy of any supporting documentation or other
supporting material available to the complainant; and
f) include th e name and contact information of the complainant and any
witness.
Polic y Title: Code of Conduct Policy Page 20 of 25
Pol icy Number: ADM 070
Comment ed [CS2]: The fo llowing deleted sections have been
Included In the Complaint Procedure.
21
20.02 Staff of the Clerk's Office who are coFAFAissioners for taking oaths are
authorized to coFAFAission the supporting affida..,it.
Initial Classification
21 .01 Subject to Sections 20.01 and 20.02, each coFAplaint shall be fi led with the
City Clerk , who shall forward it to the Integrity CoFAFAiss ioner for initial
classification to deterFAine if the FAatter is , on its face , a coFAplaint with
respect to non-GOm~i-ance with this Code-anel-within the jurisdiction of the
Integrity CoFAFAissioner to consider.
~FAplaint shall be reviewea-ifHtially by the Integrity CoFAFAissioner to
deterFAine ,,..,hether, on its face, the coFAp laint is frivolous, vexatious or not
FAade in good faith , and whether there appear to be sufficient grounds for
an investigation . IR-the-assence of appai:ent-s-uff.icien½}FGl:¼AG&,-the
Integrity CoFAFAissioner shall not conduct an investigation and , where that
absence becoFAes apparent in the course of an investigation , shall
terFAinate the investigation,.
21 .03 If a coFAplaint or a part of a coFAplaint is not, on its face , a coFAplaint with
FeSflecl-w non coFApliance-witMhe--Code or not within the ju-ri6eiclion-e-f
the Integrity CoFAmissioner to process , the Integrity CoFAFA issioner FAay
refer the FAat!er to the appropriate person or body .
..,2~2--1l>Hnvestiga-tiens
22.01 If the-k=ltegfit.y-Gom-missioneF-i&-of..the-opiflion that any compla+flt.--er-ether
FAatter provided or referred to hiFA or her is frivolous , vexatious or not
FAade in good faith, or that there are no grounds or insufficient grounds fo r
3n in..,estigation , the Integrity CoFAFAissioner shall not condtlGl-aR
investigation . Where such becoFAes apparent in the course of an
in•,estigation , she or he shall terFAinate the investigation . Sa 1Je in
exceylienal-circtlm-st3flces,the-4nte§ rity Co FA FA i ss ion er shalH=1ot-ref30ft-to
Council on any such coFAplaint except as part of an annual or other
general report.
22.02 If a coFAplaint has been classified as being within the Integrity
CoFAFAissioner 's jurisdiction and not rejected under Sections 21 .01 , 21 .02
or 21.03, the ComrnissioAef-Stiall investigate-and FAay atteFApt to settle the
COFAplaint.
22.03 The Integrity CoFAFAissioner shall seF','e a copy of the coFAplaint and
supporting material upon the MeFAber whose conduct is in question , with a
request that a written response to the allegation by way of affida..,it be filed
within ten days .
Po licy T itle: Code of Conduct Policy Page 21 of 25
Po licy Number : ADM 070
22.04 The Integrity Commissioner shall serve a copy of the Member's response
upon the complainant, with a request for a written reply within ten days.
22.05 For the purposes of any investigation, the Integrity Commissioner shall
have access to all City books, accounts, financial records , electronic data,
reports , files and all oth~pers, things or property as he or she believes
to be relevant to any complaint.
22.06 The-lRtegrity Commissiener may make--inteFim-fey0rts to Council-a6
required to address any instances of interference, obstruction or retaliation
encountered during an investigation.
23 .01 The Integrity Comfnis.siGnef-s~l-fepert-to-the complainaflt..and-the
Member no later than 90 days after the making of the complaint.
23.02 Vi.there a complaint is upheld in whole or in part, the l nte§fity
Commissioner shall a lso report to Council setting out the findings, the
terms of any settlement, and any recommended corrective action or
saflctien,.
23 .03 If the Integrity Commissioner determines that there has been no
wntravention of-tl=le-Goae-Gf that a contravention occurred althoogl=l-the
Member took all reasonable measures to prevent it, or that a contravention
occurred that was trivial or committed through inadvertence or an error in
j1:1€lgemen-t-ma€l~A-f!OO€l-faith, the Integrity Commissioner-shall-so state in
the report to Council and shall recommend that no sanction be imposed.
23 .04 The City Clerk-shall give a copy-ef-the-lRtegrity Commissioner's report to
Council to the complainant and to the Member whose conduct it concerns.
23.05 Whore a complaiflt...i.s-affim-issed , save in exceptional circumstance&,the
Integrity Commissioner shall not report to Council except as part of an
annual or other general report.
2423 Confide ntia lity
~23.01 The Integrity Commissioner shall preserve the confidentiality of all
matters that come to his or her knowledge in the course of his or her
duties and shall disclose information only in accordance with this Code or
otherwise as requ ired by law.
23~.02 A complaint about any Member is to be treated as the pe rsonal
information of the Member against whom the complaint is directed, and of
Policy Title: Code of Conduct Policy Page 22 of 25
Policy Number : ADM 070
24
the _Qsomplainant. Under the Municipal Freedom of Information and
Protection of Privacy Act, both the Member and the _Qs omplainant must
therefore consent to the public disclosure of the complaint.
2324.03 Subject to Section ~29.01 , the Integrity Commissioner may
disclose in any report to Council such matters as in his or her opi nion a re
necessary for the purposes of the report.
2324.04 Despite Sections 24,2901 and ~29.02, all reports to Counci l from
the Integrity Commissioner sha ll be made available to the public.
23.05 Any matters pertaining to the giving of advice by the Integrity
Commissioner under paragraph 4, 5 or 6 of subsection 223, 1 (1) of the
Municipal Act, may be released with the Member's written consent.
23.06 If a Member releases only part of the advice provided to the Member by
the Integrity Commissioner, he or she may release all or part or al l of the
advice without obtaining the Member's consent.
23 .07 The Integrity Commissioner may disclose such information as in hi s or her
opinion is necessary:
al For the purposes of a public meeting under subsection 223.4.1 (8) of
the Municipal Act
bl In an application to a judge referred to in subsection 223.4.1 (15); or
c) In the written reasons given by the Integrity Commissioner under
subsection 223.4.1 (17).
Annual Reports
24 .1 The Integrity Commissioner shall submit an annual report to Council wh ich
will include information on the nature and volume of activity for the past
year and provide examples, while maintaining the anonymity of the
persons involved. in respect of advice provided and the nature of
complaints received and responded to .
24.2 The annual report of the Integrity Commissioner shall be provided to Counci l
for information purposes. The report is a public document.
P oli cy Title : Code of Conduct Policy Page 23 of 25
Poli cy Nu m ber: AD M 070
~25 Cou nci l Rev iew
~25.01 Council shall consider all reports of the Integrity Commissioner and
may adopt or reject, in whole or in part , any recommendation of the
Integrity Commissioner.
2G----jsa.AGtk>R5l _ ........... ------............. -----------..................... --. --........................... __ ... -·
26.01 .If the Integrity CommissioneHeports to Counci l that, in hei:-ef-A-i&-eJ:»Riooo
a Member has contra\1enecl this Cocle , Council may,
8t--fel)rimancl the Member;
b) require the Member to repay or reimburse monies recei'Jecl;
c) require the Member to reimburse the City for losses or damages;
~uire the Member to return property; ancl/or
e) require the Member apologize to Council , the complainant, or both .
~26 Costs
~26.01 Council may, in its discretion , reimburse either a complainant or a
Member for actual and reasonable legal expenses related to a cCode of
Cond uct C omplaint, on a case-by-case basis.
~26.02 Costs may be reimbursed to the complainant only if the Integrity
Commissioner concludes that the c.Q omplaint is not frivolous , vexatious or
made in bad faith.
~26.03 Costs may be reimbursed to the Member on l y if the Integrity
Commissioner concludes that there has been no contravention of the
Code.
~26.04 Every Member shall comply with the requi rements of this Code of
Conduct, and shall act in accordance with its spirit and intent, in all matters
pertaini ng to the performance of his or her duties as a Member.
26.05 The Commissioner's costs of applying to a judge shall b e paid by t he
following :
1. If the Member is alleged to h ave co nt ravened sect ion 5, 5.1 or 5 .2 of the
Municipal Conflict of Interest Act as a Member of Cou ncil of a
municipality. the municipal ity.
Po licy Ti t le: Code of Conduct Po licy Page 24 of 25
Po li cy Nu mber : ADM 070
Com mented [CS3]: T his info rmation has been included in
Section 4 and 23 o f the Code .
28
2. If the Member is a lleged to have contravened section 5. 5 .1 or 5 .2 of the
Municipal Conflict of Interest Act as a Member of a local board. the
local board.
Repeal
:rn.01 The Council Code of Practice adopted by Council on October 14 , 1997 is
hereby repealed .
Po l ic y Titl e: Code of Conduct Policy Page 25 of 25
Pol icy Number: ADM 070
I Attachment# 2 to CLK 02-19
City Procedure
Procedure Title: Procedure Number:
Complaint Procedure for Complaints under the Council Code of
ADM 070-001
Conduct and lnguiries under the Municie.al Conflict of Interest
Act
Reference: Date Originated: Date Revised: Pages:
Municipal Act, 2001, as amended December 2012 March 2014 12
Municie.al Conflict of Interest Act, 1990 March 2019
Council Code of Conduct
Approval: Chief Administrative Officer Point of Contact: Director, Corporate Services &
City Solicitor
Procedure Objective
All complaints must be addressed in accordance with the procedure set out herein
within six (6) months of the alleged violation or no action will be taken on the complaint.
Index
01 Informal Compla int Process Code of Conduct
02 Formal Comp laint Procedure Code of Conduct
03 Filing of ComplaintReview and Classification by Integrity Commissionerof Code
of Conduct Complaints
04 Response if Complaint is not a Code of Conduct ViolationRefusal to Condu ct
Investigation
05 Refusal to Conduct Investigation
06 Opportun ities for Resolution
0007 Investigation
0-708 No Complaints or Reports Prior to Election
0009 Recommendation Report
0010 No Appeal of Integrity Commissioner's DecisionReport to Council
4-011 Report to CouncilNo Reports Prior to Election
4412 Duty of Counci l
~13 Pub lic Disclosure
~14 Code Prevai ls
15 Reguest for lnguiry under the Municie.al Conflict of Interest Act
Appendix 1 -Council Code of Conduct Formal Complaint Form /Affidavit
Appendix 2 Council Council -Member Disclosure Statement
Appendix 3 -Application for Inquiry -Alleged Contravention of the Municipal Conflict of
Interest Act Form
Complaint Procedure for Counci l Code of Conduct
ADM 070-001
Page 2 of 11
01 Informal Complaint Procedure Code of Conduct
01 .01 01.01 Any resident of Pickering who has observed conduct by a
Member that the person believes contravenes the City 's Code of
Conduct, is encouraged to deal initially with the matter informally by
advising the Member that the conduct contravenes the Code and by
encouraging the Member to stop the prohibited conduct.
G4:-0401 .02 Members of the public who identify or witness behaviour or activity
by a Member of Council that appears to be in contravention of the Code
of Conduct for Members of Council (the "Code of Conduct") may
address the prohibited behaviour or activity themselves as follovvsThe
following measures could be taken for an informal complaint:
a) advise the Member that the behaviour or activity appears to
contravene the Code of Conduct;
b) encourage the Member to acknowledge and agree to stop the
prohibited behaviour or activity and to avoid future occurrences of
the prohibited behavior or activity ;
c) document the incidents including dates , times , lo ca tions , other
persons present, and any other relevant information;
d) request the Integrity Commissioner to assist in informal discussion
of the alleged complaint with the Member in an attempt to resolve
the issue. If applicable, confirm to the Member your satisfaction with
the response of the Member or, if applicable , advise the Member of
your dissatisfaction with the response ; and
e) pursue th e matter in accordance with the formal complaint
procedure outlined in Part 2 , or in accordance with any other
applicable judicial or quasi-judicial process or c omplaint procedu re.
01.02 Individuals are encouraged to pursue this informal complaint procedure
as a means of stopping and remedying a behaviour or activity that they
believe violates the Code of Conduct. 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 Commiss ioner's potential
role as a mediator/conciliator of issues relating to a complaint. However,
it is not a precondition that those making a complaint pursue the
informal complaint procedure prior to pursuing the formal complaint
procedure set out in Part 2. ·
02 Formal Complaint Procedure , Code of Conduct
Complaint Procedure for Council Code of Conduct
ADM 070-001
Page 3 of 11
02 .01 Members of the public who identify or witness behaviour or an activity
by a Member of Council that they believe is in contravention of the Code
of Conduct, may file a formal complaint with the required information in
the prescribed Complaint Form/Affidavit (Appendix 1) with the City Clerk
no later than six (6) months from the date the Complainant became
aware of the alleged contravention . Formal complaints shall:
a) be in writing on the prescribed Code of Conduct Formal
Complaint Form (Appendix 1);
b) set out the grounds for the belief and the contravention al leged;
c) be signed and dated by an identifiable individual ;
d) include the original or copy of any supporting documentatio n or
other supporting material available to the complainant;
e) include the name and contact information of the complainant and
any witnesses; and,
f) include the name of the alleged violator, the provision of the
Code of Conduct allegedly contravened, the facts constituting the
alleged contravention.
a) All complaints must be made on the Complaint Form/Affidavit
and shall be dated and signed by an identifiable individual ;
b) The complaint must include an explanation for why the issue
raised may be a contravention of Code of Conduct. Evidence in
support of the allegation must also be included ;
c) VVitnesses in support of the allegation must be named on the
complaint form;
d) The complaint form will be disclosed to the respondent and to
others who may be involved in carrying out this procedure and
enforcing the Code of Conduct;
e) The complaint Form/Affidavit must include the name of the
alleged violator, the provision of the Code of Conduct allegedly
contravened , the facts constituting the alleged contravention , the
names and contact information of witnesses , and contact
information for the complainant during normal business hours ;
aoo
02.02 The Complaint Form will be disclosed to the respondent and to others
who may be involved in carrying out this procedure and enforcing the
Code of Conduct;
02 .03 Receipt of formal complaints will be acknowledged in writing.
Complaint Procedure for Council Code of Conduct
ADM 070-001
Page 4 of 11
02.04 Any Complaints received after the six (6) month timeframe noted
above will not be accepted and no action will be taken.
03 Filing of Complaint and Review and Classification of Code of Conduct
Complaintsby Integrity Commissioner
03.01 Each formal complaint filed with the City Clerk, shall be forwarded to the
Integrity Commissioner for review to determine if the matter is. on its
face, a complaint with respect to non-compliance with the Code or
under the Municipal Conflict of Interest Act and within the jurisdiction of
the Integrity Commissioner to considerThe complaint shall be filed 1.vith
the City Clerk who shall forward the matter to the Integrity
Commissioner for initial classification unless the City Clerk determines
that the complaint lacks sufficient grounds or is , on its face , frivolous ,
vexatious or not made in good faith . Upon receiving a complaint
hereunder, the Integrity Commissioner shall determine if the matter is ,
on its face , a complaint with respe ct to non compliance with the Code of
Conduct and not covered by ·other legislation or other Council polic ies .
03 .02 __ If the complaint is not in the presc ribed form , the Integrity
Commissioner may defer the classification until a Complaint
Form/Affidavit is received .
04 Response if Complaint is Nnot a Code of Conduct Violation or is Outside
Jurisdiction of Integrity Commissioner
~04.01 If a complaint or a part of a complaint is not, on its face, a complaint
with respect to non-compliance with the Code or not within the
jurisdiction of the Integrity Commissioner to process . the Integrity
Commissioner may refer the matter to the appropriate person or body
as follows If the complaint, including any supporting affidavit, is not, on
its fa c e , a complaint with respe ct t o non compliance with the Code of
Conduct or the complaint is covered by other legislation or complaint
procedure under another Council policy, the Integrity Commissioner
shall advise the complainant in writing as follows :
a) Criminal Matter -if the complaint on its face is an allegation of a
criminal nature consistent with the Criminal Code of Canada, the
complainant shall be advised that if the complainant wishes to
pursue any such allegation, the complainant must pursue it with the
appropriate Police Service .
b) M1:miGipal ConfliGt of Interest AGt if the complaint on its face is
with respect to non compliance w ith the Municipal Conflict of
Complaint Procedure for Council Code of Conduct
ADM 070-001
Page 5 of 11
Interest Act, the complainant shall be advised to revie1N the matter
with the complainant's own legal counsel.
GJQ)__M unicipal F reedom of Information and P rotection of P rivacy
A ct (MFIPPA) -if the complaint is more appropriately addressed
under the Munic.ipa! Freedom of information and Protection of
Prjv-acy Act,MFIPPA the complainant shall be advised that the
matter must be referred to the City Clerk for Access and Privacy
review.
€4.9 Other MattersPolicy Applies -if the complaint is covered seems
to fall underby other another policies or legislation, :y,the
complainant shall be advised to pursue the matter under as
cons idered appropriate by the Integrity Commissionersuch policy .
e) Lack of Jurisdiction 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.
f) Matter Already Pending if the complaint is in relation to a matter
which is subject to an outstanding complaint under another process
such as a court proceeding, Human Rights complaint or similar
process , the Integrity Commissioner may, in his/her sole discretion,
suspend any investigation pending the result of the other process.
045 Refusal to Conduct Investigation
If upon review of a Complaint, or at any time during an investigation, the Integrity
Commissioner is of the opinion that the Complaint is frivolous, vexatious or not
made in good fa ith, or that there are no or insufficient grounds for an
investigation, the Integrity Commissioner shall not conduct an investigation or
shall discontinue the investigation and shall communicate this position in writing
to the Complainant and the member identified in the Complaint Form. The
Integrity Commissioner is under no obligation to prepare a report for any matters
that he or she summarily dismisses or determines not to investigate or after an
investigation is discontinued. If the Integrity Commissioner is of the opinion that
the referral of a matter to him or her is frivolous , vexatious or not made in good
faith , or that there are no grounds or insufficient grounds for an investigation , the
Integrity Commissioner shall not conduct an investigation , and where this
becomes apparent in the course of an investigation , terminate the investigation.
056 Opportunities for Resolution
Following receipt and review of a formal complaint, or at any time during the
investigation , where the Integrity Commissioner believes that an opportunity to
Complaint Procedure for Council Code of Conduct
ADM 070-001
Page 6 of 11
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 . The formal comp laint will be held in abeyance
during such time.
067 Investigation
067.01 If the +Re-Integrity Commissioner determ ines a formal investigation is
required, he/she shall:will proceed as follows , except 1.vhere otherwise
required by the P.ub#c lnquirjes Act :
a) wve-prov ide a copy of the complaint and supporting material to the
Member whose conduct is in question with a request that a written
response to the allegation be provided with i n ten .(1.Ql_days ; and
b) wve-prov ide a copy of the response provided by the Member to the
complainant with a request for a written reply within ten .(1.Ql_days.
067.02 If necessary, after reviewing the submitted materials , the Integrity
Commissioner may speak to anyone, access and examine any City
documents, files , financial records , correspondence and other data, and
may enter any City work location relevant to the complaint for the
purpose of investigation and potential resolution.
067.03 The Integrity Commissioner may make interim reports to Council where
necessary and as required to address any instance s of interference ,
obstruction , delay or retaliation encountered during the investigation.
07 .04 The Integrity Commissioner may elect to exercise the powers under
sections 33 and 34 of the Public Inquiries Act, in which case those
sections would apply to the investigation .
0-78 No Complaints or Reports Prior to Election
08 .01 If the Integrity Commiss ioner has not completed an inquiry before
nomination day for a regular e lection, as set out in Section 31 of the
Municipal Elections Act, 1996, the Integrity Commissioner shall terminate
the inqu iry on that dayNotwithstanding any other provision of this Protocol ,
no complaint may be referred to the Integrity Commissioner, or forwarded
by the Clerk for review andtor investigation after June 30 in any year in ·
which a regular municipal election will be held . The time elapsed between
June 30 in a regular municipal election year and the inaugural meeting
shall not be included in calculation of the six (6) months referred to in
section 2 .
Complaint Procedure for Council Code of Conduct
ADM 070-001
Page 7 of 11
08.02 If an inquiry is terminated the Integrity Commissioner shall not commence
another inquiry in respect of the matter unless, within six (6) 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 the subject matter of the request, makes a
written request to the Integrity Commissioner that the inquiry be
commenced. No inquiry respecting a former Member may be commenced.
08.03 Between Nomination Day and Voting Day in a regular election :
a) There shall be no requests for an inquiry, and the Integrity
Commissioner shall not accept any requests for an inquiry, respecting
. whether a Member has contravened the Code of Conduct;
b) The Integrity Commissioner shall not report to Council on whether a
Member has contravened the Code of Conduct or the Municipal
Conflict of Interest Act; and,
ajC) Council shall not consider whether to impose penalties on a
Member:
039 Recommendation Report
og9 _01 The Integrity Commissioner shall report to the complainant on and the
Member generally no later than 90 ·days after the receipt of the
Complaint Form/Affidavit of the complaint. If the investigation process
takes requires more than 90 days, the Integrity Commissioner shall
provide an interim report and must advise the parties of the date that
the report will be available.
og~_02 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, or recommended corrective action . Where the complaint
is not sustained , the Integrity Commissioner shall report to Council the
result of the investigation .
ogg _Q3 Pursuant to the Municipal Act the municipality may impose any or all of
the follov.iing penalties on a Member of Council if the Commissioner .
reports to the municipality that, in his or her opinion , the Member has
c ontravened the code of conduct:
reprimand the Member;
require the Member to repay or reimburse monies received ;
require the Member to reimburse the City for losses or damages ;
suspend the remuneration paid to the member in respect of his/her services as a
Member of City Council for a period of up to 90 days;
Complaint Procedure for Council Code of Conduct
ADM 070-001
Page 8 of 11
require the Member to return property; and/or
require the Member to apologize to Council, the complainant, or
ootR,.
08 .04 09 .04 If upon completion of the investigation the Integrity
Commissioner determines that there has been no contravention of the
Code of Conduct or that a contravention occurred although but the
Member took all reasonable measures to prevent it, or that a-the
contravention occurred that was trivial or committed through
inadvertence or 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.
0009.Ga05 The City Clerk shall give a copy of the report to the complainant
and to the Member whose conduct is concerned.
1009 No Appeal of Integrity Commissioner's DecisionReport to Council
10
11
Upon receipt of a report, the Clerk shall process the report for the next meeting of
CouncilThere is no appeal form the decision of the Integrity Commissioner.'..s
Committee of the VVhole .
No Reports Prior to Election
Notwithstanding section 11 or any other provision of this Procedure, the Integrity
Commissioner shall not make any report to Council or to any other person after
the last Committee of the \A/hole meeting in June of any year in •.vhich a regular
municipal election is to be held, until following the date of the inaugural meeting .
Report to Council
Upon receipt of a report, the Clerk shall process the report for the next meeting of
Council.
Complaint Procedure for Council Code of Conduct
ADM 070 -001
Page 9 of 11
142 Duty of Council
Council shall consider and respond to the report within 45 days after the day the
report is presented to it. This time period may be extended by the length of any
intervening summer hiatus.
1-23 Public Disclosure
~~.01 The Integrity Commissioner and every person acting under his or her
jurisdiction shall preserve confidentiality where appropriate and where
this does not interfere with the course of any investigation , ex cept as
required by law and as required by this eC omplaint protocolProcedure .
~~.02 At the time of the Integrity Commissioner's report to Council, and as
between the parties, the identity of a complainant and the identity of the
person who is the subject of the complaint shall not be treated as
confidential information .
~~.03 All reports from the Integrity Commissioner to Council will be made
available to the public.
13,1 Code Prevails
15
The purpose of this Procedure is to provide guidance for the use of the Code of
Conduct. In the event of any conflict between the provisions of this Procedure
and the provisions of the Code of Conduct, the Code of Conduct prevails.
Request for Inquiry under the Municipal Conflict of Interest Act
15.01 An elector, or any person demonstrably acting in the public interest may
apply in writing to the Integrity Commissioner for an inquiry to be carried
out concerning an alleged contravention of sections 5 , 5.1 or 5 .2 of the
Municipal Conflict of Interest Act. All requests shal l be forwarded to the
City Clerk and shall be :
a) made in writing using the City 's Application for Inquiry -Alleged
Contravention of the Municipal Conflict of Interest Act Form .(Appendix 3)
and shall be dated and signed by the person making the inquiry;
b) the Inquiry must include an explanation as to why the issue raised may be
a contravention of the applicable sections of the Municipal Conflict of
Interest Act and any evidence in support of the allegation must be
included with the Inquiry Form;
c) the Inquiry Form must include the name of the member alleged to have
breached the Municipal Conflict of Interest Act, and any other information
as required on the Form ;
Complaint Procedure for Council Code of Conduct
ADM 070-001
Page 10 of 11
d) the Request for Inquiry shall be provided to the Integrity Commissioner
who will conduct any such inquiries he/she considers necessary; and
e) the Inquiry must be submitted no later than six (6) weeks from the date in
which the applicant became aware of the alleged contravention, unless
both of the following are satisfied :
a . The applicant became aware of the alleged contravention within the
period of time starting six weeks before nomination day for a
regular election, as set out in section 31 of the Municipal Elections
Act, and ending on voting day in a regular election, as set out in
section 5 of that Act; and,
b . The applicant makes application within six weeks after the day after
voting day in a regular election .
15.02 The city Clerk shall forward all requests for inquiry to the Integrity
Commissioner who will proceed with reviewing the allegation ;
15.03 The Integrity Commissioner may request additional information from the
applicant, the municipality, or may conduct a public meeting as he/she
believes necessary to investigate the inquiry.
15 .04 The Integrity Commissioner shall complete the inquiry within 180 days
after receiving the completed application.
15 .05 A Complainant may at any time abandon a Complaint, provided in the
judgement of the Integrity Commissioner, the matter does not warrant an
application to the courts .
Complaint Procedure for Council Code of Conduct
ADM 070-001
Page 11 of 11
The Corporation of the City of Pickering IL__A_u_ac_h_m_e_n_t_#_3_to_c_L_K_o_2_-1_9 __
By-Law No. xxxx/19
Being a by-law to amend By-law 7665/18, which governs the proceedings of
Council, any of its committees, the conduct of its Members, and the calling of
meetings.
Whereas on December 10, 2018 the Council of the Corporation of the City of Pickering
enacted By-law 7665/18 to govern the proceedings of Council and its committees; and,
And Whereas Section 5 (1) of the Municipal Conflict of Interest Act, 1990 provides that where a
member has any pecuniary interest, direct or indirect, in any matter and is present at a meeting
of the Council or local board at which the matter is the subject of consideration, the member
shall disclose the interest and the general nature thereof;
And Whereas Section 5 (2) of the Municipal Conflict of Interest Act, 1990 further provides that
where a meeting is not open to the public, in addition to complying with the provisions of
Section 5 (1 ), the member shall leave the meeting or the part of the meeting during which the
matter is under consideration;
And Whereas changes to the Municipal Conflict of Interest Act, 1990 through Bill 68,
Modernizing Ontario's Municipal Legislation Act, 2017, provides an exception to Section 5 (2)
if the matter under consideration is to consider whether to suspend the remuneration paid to
the Member under subsection 223.4 (5) or (6) of the Municipal Act, 2001;
And Whereas in order to comply with these provisions Council wishes to amend By-law
7665/18.
Not therefore the Council of the Corporation of the City of Pickering hereby enacts as follows:
That the following be added as Item 06.03 to By-law 7665/18 and the remaining items
contained in the By-law renumbered accordingly:
06.03 Notwithstanding Section 06.02, if the matter under consideration pertains to whether to
suspend the remuneration paid to the member under subsection 223.4 (5) or (6) of the
Municipal Act, 2001, the member may take part in the discussion of the matter,
including making submissions to Council or the local board, 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. In the case of a meeting that is not open to the
public, the member may attend the meeting or part of the meeting during which this
matter is under consideration.
By-law passed this 25th day of March, 2019.
David Ryan, Mayor
Susan Cassel
City Clerk
lnt~grity Commissioner
2017 Annual Report
Attachment #4 to Report C LK 02-19
Integrity Commissioner for Durham Region
and Brock, Clarington, Oshawa, 1 Pickering,
Scugog, Uxbridge and Whitby
Annua l Report
1. Introduction
I was appoin ted as Integrity Commiss ioner for the Reg ional Municipa lity of Durham and
its loca l municipa lities pursuant to the fo ll owing by-laws2 effective t he following dates:
Muncipality By-Law No. Date Passed Effective Date
Regiona l Municipality 58-2016 Dec. 14,2016 Jan.1 ,2°017
of D urham
Township of Brock 2715-2017-AP Jan. 16, 20 17 Jan.1,2017
Mun ic ipality of 2017-019 Feb . 27, 2017 Feb . 28, 2017
Clarington
City of Os hawa 45-2018 Apri l 30, 2018 April 30, 2018
City of Pickering 7538/17 Jan.16 , 2017 Jan.1,2017
Township of Scugog 15-17 March 6, 2017 Jan.1 ,2017
Township of Uxbridge 2017-085 June 26, 2017 June 26, 2017
Town of Whitby 7234-17 Feb.21,2017 Feb. 21, 2017
In appointing me all of the loca l municipa lities re l ied on the Region 's Request for
Proposal 1042A-2016. Consequently, it makes sense for me to present a joint annual
report. However, the different effective dates mean that I have not served each
mun icipality for the same length of t ime. For the sake of consistency, I propose to issue
reports on a calendar year basis. Th is report covers ca lendar year 2017.
1
The Town of Ajax has not appointed me as its Integrity Comm issioner and is not
covered by th is report. The City of Os h awa did not appoint me unti l 2018 and , therefo re,
is not covered in this report.
The responsibi lities of the Integrity Comm issioner include: providing information and
advice to councils and members of counci l on codes of conduct and the issues arising
1 Because it did not appoint me until 2018, Oshawa is not covered by this annual report .
2 Each municipality has adopted its own Code of Conduct for Me mbers of Council and sepa rately
appointed me as Integrity Commissioner under section 223.3 of the Municipal Act, 2001.
Integrity Commissioner 2017 Annual Report
Integrity Commissioner
2017 Annual Report
2
under them; providing advice to councils on other policies and procedures that relate to
the ethical behaviour of members; providing information to the public on codes of
conduct and the obligations of members under the codes; submitting an annual report to
each council; and conducting independent investigations of complaints alleging that a
code of conduct has been contravened.
2. Guidance and Advice
While the Integrity Commissioner's independent investigative role is extremely
important, it has been observed that the investigation of potential contraventions is a
last resort. Ideally, members should act ethically and in compliance with codes so that
a contravention never occurs . To this end, the Integrity Commission plays a vital
"proactive" role , providing advice and guidance to promote ethical compliance across
the Region and the local municipalities.
2.1 Confidential Guidance
One of the Integrity Commissioner's roles is to provide confidential guidance to
individual members of councils. While all members of councils are encouraged to reach
out to the Integrity Commissioner, some seek guidance while others do not.
In 2017 I provided guidance to three different council members from two local
municipalities .
It is important that members be able to rely on advice received from the Integrity
Commissioner. While I consider myself to be always bound by advice that I provide to a
member, in the interest of transparency and certainty that principle should be enshrined
in each code of conduct. For example , Toronto includes the following provision in its
code of conduct:
"Any written advice given by the Integrity Commissioner to a member binds the
Integrity Commissioner in any subsequent consideration of the conduct of the
member in the same matter as long as all the relevant facts known to the
member were disclosed to the Integrity Commissioner."
I recommend that Regional Council and local councils amend their codes to include a
similar provision.
I also provided guidance to the administration of some municiapalities:
• I provided guidance to three municipalities on amendments to their council codes
of conduct.
• I provided guidance to a municipality on its employee code of coduct.
• I provided guidance to a municipality on the application of its employee code of
conduct to a particular situation.
Integrity Commissioner 2017 Annual Report
Integrity Commissioner
2017 Annual Report
• I provided guidance to several municipalities on the portions of Bi ll 68 , the
Modernizing Ontario's Municipal Legislation Act, 2017, related to codes of
conduct, integrity comm issioners and the Municipal Conflict of Interest Act.
3. Internal Outreach, Education and Training
During 2017 I conducted the fol lowing in ternal outreach, education and training:
• Monday, October 16: Town of Whitby Counci l Education and Training Session
4. Complaints and Investigations
An important component of the Integrity Commissioner's role is to receive comp laints
(from counci ls , members of counci ls and members of the pub lic) and to conduct
in dependent in vest igations to determine whether contraventions have occurred . In the
event of a contravention the Integrity Commissioner makes a penalty recommendation
(reprimand or suspens ion of up to 90 days' pay) to counci l and counci l has sole
responsibi li ty to decide whether the pena lty shou ld be imposed.
3
Not all comp laints are investigated. Some comp laints re late to ru les and laws (e.g.,
Municipal Freedom of Information and Protection of Privacy Act) other than the Code of
Conduct. Some comp laints fail to contain sufficient grounds to investigate . The
Integrity Commissioner may also declin e to investigate if a comp laint appears to be
frivolous, vexatious or made in bad faith .
I issued a total of three investigation reports covering complaints received in 2017 . Two
of those investigation reports were issued in 2018.
Investigation Contravention No Finding of
Muncipality Reports Found Contravention
Regional Municipality 2 0 2
of Durham
Township of Brock 0 0 0
Municipality of 0 0 0
C l arington
City of Pickering 0 0 0
Township of Scugog 1 0 1
Townsh ip of Uxbridqe 0 0 0
Town of Whitby 0 0 0
Integrity Commissioner 2017 Annual Report
Integrity Commissioner
2017 Annual Report
5. Public Outreach
Another important role is to provide information to the public about codes of conduct
and the obligations of members under the codes. This involves direct contact with
members of the public and on occasion with the news media.
While accessibility to the public is an essential aspect of my role, there are certain
boundaries that I do not cross:
• I cannot assist anyone to draft a complaint against a member. I limit my role to
sending out copies of the Code of Conduct and the Complaint Protocol.
4
• While I can give general information about the Code to the news media and
public, I cannot comment on specific cases , real or hypothetical. (For example, I
will not answer "Would it be appropriate for Councillor X to do Y?" or "Did
Councillor A contravene the Code by doing B?") The only individuals to whom I
provide specific advice in individual cases are the individual councillors.
• Similarly, I will not give advice to one member of a council concerning the
conduct of another member of a council.
• I will not comment to the news media on the conduct of an ongoing investigation ,
nor even whether an investigation is occurring. Once a report to council is
submitted, I let the report speak for itself and will not answer news media
questions about it. An exception is made if a council instructs me to explain my
report to the media.
• If a news media inquiry were to relate to a municipal program or service, then I
would refer the journalist to the appropriate municipal spokesperson .
6. Recommended Code of Conduct Amendments
In my experience, it is not always obvious upon initial review of a Complaint that there
are insufficient grounds for an investigation. Sometimes this becomes apparent only
after an investigation has commenced and the Integrity Commissioner has the
opportunity to consider not just the Complaint but also the Response and the
Complainant's Reply.
In Durham Region Report 2017-02 , I recommended that the Region's Complaint
Procedure be amended to confirm that the Integrity Commissioner has the discretion to
discontinue an investigation at any point. Specifically , I recommended that the Region's
Complaint Procedure be amended by replacing section 4 in its entirety :
Current:
4. Refusal to Conduct an Investigation
4.1 If upon review of a Complaint, the Integrity Commissioner is of the opinion t hat
the Complaint is frivolous , vexatious or not made in good faith , or that there are
no or insufficient grounds for an investigation, the Integrity Comm issioner will riot
conduct an investigation and shall communicate this position in writing to the
Integrity Commissioner 2017 Annual Report
Integrity Commissioner
2017 Annual Report
5
Complainant and the member identified in the Complaint Form/Affidavit. The
Integrity Commissioner is under no obligation to prepare a report for any matters
that he or she summarily dismisses or determines not to investigate.
Recommended:
4. Refusal to Conduct an Investigation / Discontinuance of Investigation
4.1 If upon review of a Complaint, or at an y time during an investigation , the Integrity
Commissioner is of the opinion that the Complaint is frivolous , vexatious or not
made in . good faith , or that there are no or insufficient grounds for an
investigation , the Integrity Commissioner shall not conduct an investigation or
shall discontinue the investigation and shall communicate this position in writing
to the Complainant and the member identified in the Complaint Form/Affidavit.
The Integrity Commissioner is under no obligation to prepare a report for any
matters that he or she summarily dismisses or determines not to investigate or
after an investig ation is discontinued .
Respectfully submitted,
Guy iorno
Integrity Commissioner
Regional Municipality of Durham
Township of Brock
Municipality of Clarington
City of Pickering
Township of Scugog
Township of Uxbridge
Town of Whitby
June 26, 2018
Integrity Commissioner 2017 Annual Report
I Attachment# 5 to CLK 02-19 Draft Consistent Code of Conduct Language on Gifts and Benefits Proposed Text Comments Definitions "Child" means a child born within or outside marriage and includes an These are current definitions in Municipal Conflict adopted child and a person whom a parent has demonstrated a settled of Interest Act. intention to treat as a child of his or her family The proposed text does not include at the end of the "parent" definition these words found in some "Parent" means a person who has demonstrated a settled intention to of the codes: "whether or not that person is the treat a child as a part of his or her family natural parent of the child." These additional words are not in the MCIA and probably are superfluous. "Spouse" means a person to whom a person is married or with whom On the other hand, there would be no material the person is living in a conjugal relationship outside marriage. impact if a municipality chose to keep these additional words in its "oarent" definition. "Gift or Benefit" means anything of value including but not limited to cash or monetary equivalent, fee, object of value, service, meal, travel, accommodation or entertainment. Section: Gifts and Benefits .1 Gift or Benefit to Member's Spouse Child or Parent Optional (but recommended by Integrity Commissioner) A Gift or Benefit to a Member's Spouse, Child or Parent that is connected directly or indirectly to the performance of the Member's duties is deemed to be a Gift or Benefit to the Member if provided with the Member's knowledqe or solicited by the Member.
-2-Proposed Text Comments .2 General Rule on Gifts and Benefits If optional section .1 is not selected, then this section would be numbered .1. A Member shall not solicit or accept any Gift or Benefit that: A few codes currently have a section such as the (a) is intended to influence, might influence, or could reasonably be following: "There shall be no solicitation of gifts perceived that it mightinfluence or is intended to influence, the Member and/or benefits in recognition of the fulfillment of in the performance of the Member's duties as an elected official; or the Member's official duties." The word "solicit" in the first line of the proposed text would have the (b) is intended, or could reasonably be perceived that it is intended, as a same effect. Nonetheless, if a municipality wanted reward for any action or impending action by the Member. to retain an additional "There shall be no solicitation" statement then this would have no adverse effect. .3 Exceptions Despite paraciraph .2, a Member mav accept the followina: (a) A political contribution offered, accepted and reported in accordance with applicable law. (b) Food or beverage, of reasonable value, at a banquet, reception, ceremony or similar event that the Member attends for a legitimate municipal purpose. ( c) A Gift or Benefit that is received as an incident of protocol or social obligation that normally and reasonably accompanies the responsibilities of office. (d) A token gift such as a souvenir, memento or commemorative gift that is given in recognition of service on a committee, for speaking at an event, or for representina the Municioalitv at an event. (e) A communication to the office of a Member, including a subscription to a newspaoer or oeriodical.
- 3 -Proposed Text Comments (f) A service provided by a person volunteering time without compensation. (g) Food, lodging, transportation or entertainment lawfully provided by a government (federal, provincial, local or foreign) or government agency, or by a not-for-profit organization whose members are governments or government agencies (examples of such a not-for-profit organization include the Canadian Association of Nuclear Host Communities and the Federation of Canadian Municioalities). (h) Food, lodging, transportation or entertainment lawfully provided by the organizer of a conference, seminar, charity fund raiser, reception, ceremony, cultural event, sporting event, business, or political event where the Member is speaking or attendina in an official caoacitv. (i) An invitation from and at the expense of a private third party to The last ten words of the second option do not attend a conference, seminar, charity fund raiser, reception, ceremony, appear in the first option. cultural event or other similar event within the Municipality where the Both options are recommended by the Integrity proceeds raised are to support a not-for-profit or charity organization. Commissioner but the Integrity Commissioner OR prefers the second option. (i) An invitation from and at the expense of a private third party to The Integrity Commissioner also recommends that this exception be included only if the Code also attend a conference, seminar, charity fundraiser, reception, ceremony, provides for transparency (that is, disclosure) of cultural event or other similar event within the Municipality where the such a Gift or Benefit. See paragraph .6. proceeds raised are to support a not-for-profit or charity organization provided that the Member is not lobbied at the event. Note that the second option includes the word "lobbied" which is not a defined term. In the absence of a definition in the Code, the Integrity Commissioner would interpret what "lobbied" means.
-4-Proposed Text Comments U) Reimbursement of a reasonable expense incurred, or an honorarium received, in the performance of activities connected with a public authority, or a municipal association, agency, board or corporation, including a corporation of which the Municipality is a shareholder or member. (k) A sponsorship or donation for a community event organized or run Optional. by a Member, or a third party on behalf of a Member, subject to the The Integrity Commissioner recommends that this limitations set out in any applicable policy of the Municipality. exception be included only if the Code also provides for transparency (that is, disclosure) of such a Gift or Benefit. See paraqraph .6. (I) Compensation authorized bv Council or law. .4 Solicitation Optional. This section does not preclude a Member from soliciting funds or donations in support of a charitable or philanthropic cause, organization, or charity provided that all funds or donations are provided directly by the donor/s) to the recipient oraanization or charitv. .5 Maximum Acceptable Value Optional Despite anything else in this Code, a Member shall not accept a Gift or Benefit of value greater than $500 and shall not accept from a single source during a 12-month period Gifts and/Benefits of total value greater than $500. This dollar-limit does not apply to an item described in paraqraph (a), /al, (h), (i) or (I) of paraqraph .3.
- 5 -Pronosed Text .6 Public Disclosure (a) A Member who receives Gift or Benefit of value greater than $200 or receives from a single source during a 12-month period Gifts and/Benefits of total value greater than $200 shall within 30 days of receipt file a· Disclosure Statement with the Clerk. (b) No Disclosure Statement is required for an item described in paragraph (a), (b), (f), or (I) of paragraph .3. ( c) The Disclosure Statement shall set out: (i) Nature of Gift or Benefit (ii) Source (iii) Date of receipt (iv) Circumstances under which Gift or Benefit was given and received (v) Estimated value (vi) What the recipient intends to do with Gift or Benefit (vii) Whether Gift or Benefit will at some point be provided to the municipality (d) Every Disclosure Statement shall be made a public record and posted on the Municipality's Website. Comments Optional. Recommended by Integrity Commissioner. Dollar value less than $200 may be substituted. Limit greater than $200 not recommended.
Proposed Text . 7 No Gifts or Benefits from Lobbyists Despite paragraph .3, a Member may not accept any Gift or Benefit from a Lobbyist. "Lobbyist" means any individual, except an individual acting without compensation or expectation of compensation and an individual acting on the individual's own behalf, who communicates with a Member in an attempt to influence a decision (including a future decision) of the Municipality, of Council, or of a committee of Council. "Lobbyist" also includes an entitv that enqaqes or employs a Lobbyist. . 8 Recommendations of Integrity Commissioner and Authority of Council In a report on a Complaint that relates to a Gift or Benefit, in addition to the range of recommendations otherwise provided under this Code, the Integrity Commissioner may recommend, and upon consideration of the Integrity Commissioner's report the Council, in addition to its other powers under this Code, may impose, one or more of the following remedies: (a) That the Member be directed to return the Gift or Benefit. (b) That the Member be. directed to reimburse the donor for the value of a Gift or Benefit already consumed. (c) That the Member forfeit the Gift or Benefit to the Municipality. (d) That the Member be directed to remit to the Municipality the value of a Gift or Benefit already consumed. Comments Optional. Recommended by Integrity Commissioner . Under this proposed Gifts and Benefits section, the Integrity Commissioner would play a role only in response to a complaint. The text at left is recommended to ensure that the Integrity Commissioner may make recommendations, and Council make imposed remedies, that are suited to the circumstances of a Gift or Benefit.
[ Attachment# 6 to CLK 02-19
The Corporation of the City of Pickering
By-law No. xxxx/19
Being a by-law to confirm the appointment of Guy W.
Giorno as the Integrity Commissioner for the City of
Pickering
Whereas Section 8 of the Municipal Act 2001 S. 0, c. 25 provides in part that a
municipality has the capacity, rights, powers and privileges of a natural person for the
purpose of exercising authority;
And Whereas Section 223.3 to 223.8 of the Municipal Act, 2001, provides that an
Integrity Commissioner has certain powers and protections during investigations;
And Whereas, Council of the City of Pickering adopted Code of Conduct Policy ADM
070 on March 26, 2012 and adopted a revised Policy on March 25, 2019;
And Whereas Council entered into an agreement with Faskin Martineau Dumoulin LLP
on February 14, 2017 to provide Integrity Commissioner Services to the City;
And Whereas changes to the Municipal Act, 2001 and the Municipal Conflict of Interest
Act, 1990 through Bill 68, Modernizing Ontario's Municipal Legislation Act, 2017, have
expanded the role of the Integrity Commissioner;
And Whereas Council wishes to amend the agreement with Faskin Martineau Dumoulin
to include the additional responsibilities as outlined in the Municipal Act and Municipal
Conflict of Interest Act effective March 1, 2019.
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as
follows:
1. That an original agreement with Fasken Martineau Dumoulin LLP for the
appointment of Guy W. Giorno as the Integrity Commissioner for the City of
Pickering was executed on February 14;2017 (the Agreement) on such terms and
conditions as were presented in the Region of Durham's Request For Proposals,
and the parties are executing an Amending Agreement to meet the legislative
change requirements coming into effect on March 1, 2019 as a result of Bill 68
amendments to the Municipal Act and the Municipal Conflict of Interest Act.
2. That outside of the terms of the amending agreement, that all other terms and
conditions of the original agreement, including the duration of the original
agreement remain the same, being the term which had commenced on January
1, 2017 and will continue through to the end of this current term of Council on
November 14, 2022.
3. That the agreement with Fasken Martineau Dumoulin LLP and Guy W. Giorno as
the City's Integrity Commissioner provide the following roles and services:
Role:
By-law No. xxxx/19 Page 2
The role of the Regional Integrity Commissioner is:
a) The application of the Code of Conduct for Members of Council and for
members of local boards. ·
b) The application of any procedures, rules and policies of the City and local
boards governing the ethical behavior of Members of Council and local boards.
c) The application of sections 5, 5.1 and 5.2 of the Municipal Conflict of Interest
Act to Members of Council and local boards.
d) Respond to requests from Members of Council and of local boards for advice
respecting their obligations under the Code of Conduct applicable to the
member.
e) Respond to requests from Members of Council and of local boards for advice
respecting their obligations under a procedure, rule or policy of the City or of a
local board, governing the ethical behaviour of members.
f) Respond to requests from Members of Council and of local boards for advice
respecting their obligations under the Municipal Conflict of Interest Act.
g) Provide educational information to Members of Council and local boards.
Duties:
The Integrity Commissioner shall cause to perform, in an independent manner, the
functions of an Integrity Commissioner pursuant to Part V.1 of the Municipal Act, 2001
with respect to the application of the Code of Conduct for Members of Council of the
City of Pickering, including any legislation, procedures, rules and policies_ of the City
governing the ethical behaviour of the Members of Council. The mandate of the
Integrity Commissioner will include:
a) Provisions of advice and education upon request by a Member of Council or by
Council as a whole, regarding ethical obligations and responsibilities under
their Code of Conduct, and any other legislation, rules or policies governing
their ethical behaviour; and
b) Receiving, assessing and investigating where appropriate, complaints made by
Council, a member of Council, a member of staff, or a member of the public
respecting an alleged breach of the Code of Conduct for the .Members of
Council of the City of Pickering through the provisions of the Code of Conduct
and the Complaint Procedure.
c) Receiving, assessing and conducting an inquiry, where appropriate, with
respect to requests for inquiry made by an elector or a person demonstrably
acting in the public interest concerning an alleged contravention of section 5,
5.1 or 5.2 of the Municipal Conflict of Interest Act.
d) Giving advice on policy issues and the workings of the Integrity Commissioner's
office.
e) All advice being provided in writing in accordance to the requirements of s.
223.3(2.2)
Reporting to Council:
a) The Integrity Commissioner will report directly to Pickering Council with a report
containing the results of investigations and one annual report summarizing the
year's activities, observations and any resulting general recommendations.
b) The Integrity Commissioner may recommend that Council impose penalties in
accordance with the Municipal Act, 2001 if in the opinion of the Regional
Integrity Commissioner, a Member of Council has contravened the Code of
Conduct.
Other General Provisions:
a) That should the Integrity Commissioner conduct an investigation or provide any
other service, it shall do so in accordance with the terms and conditions of the
Agreement executed between it and the City of Pickering and shall adhere to
all applicable laws, applicable statutes and established City policies.
b) That should the City of Pickering desire any further services from the Integrity
Commissioner outside what is outlined in this by-law, the Integrity
Commissioner may oblige in providing such other services, so long as City
Council has passed a resolution to authorize the Integrity Commissioner to
provide such other service. If authorized to do so, the Integrity Commissioner
will charge their hourly fee in accordance with the Agreement for suc.h other
services.
c) That all services provided by the Integrity Commissioner conform to all the
statutory requirements of s. 223.3 to 223.8 of the Municipal Act S. 0., 2001.
By-law 7538/17 is hereby repealed effective March 1, 2019.
By-law passed this 25th day of March, 2019.
David Ryan, Mayor
Susan Cassel, City Clerk
~Cdp(;/-
p](KERlNG
Applicant Information:
Full Name:
Address:
Phone: I Email:
I Appendix 1 to ADM 070-001
Council Code of Conduct
Formal Complaint Form
I, ________________ (insert full name), of the City of Pickering, in the Province
of Ontario, have personal knowledge of the facts set out in this Complaint Form because:
I have reasonable and probable grounds to believe that a member of Pickering City Council namely:
-----------~----------(insert name of Member), has contravened
section(s) ----------------------------------
of the Council Code of Conduct for the City of Pickering. The particulars of which are as follows:
[Set out the statements of facts in consecutively numbered paragraphs in the space provided below,
with each paragraph being confined as far as possible to a particular statement of fact. If you require
. more space, use the attached Schedule A]
Page 1 of 3
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Names and Contact Information of any Witnesses:
1.
2.
3.
4.
5.
6.
Please read the following before signing:
Council Code of Conduct
Formal Complaint Form
If the Integrity Commissioner launches an inquiry into the complaint, the content of this form, including the
Applicant's identity, may be shared with the Member who is the subject of the complaint. At the end of the
inquiry the Integrity Commissioner may issue a public report that includes information about the complaint,
including the identities of the parties involved. Only sign this complaint form if you understand and accept
the potential for disclosure of your identity and the information provided.
I the undersigned, request that this matter be reviewed by the Integrity Commissioner for the City of
Pickering:
Signature of Applicant · I Date
Personal Information on this form is collected pursuant to the Municipal Freedom of Information and
Protection of Privacy Act and will be used to review, assess and potentially investigate the details of the
complaint. Any questions related to the collection of thi.s information should be directed to the City Clerk,
One The Esplanade, Pickering, ON, L 1V 6K7, 905.420.4611.
Page 2 of 3
Council Code of Conduct
Formal Complaint Form
Schedule A -Continued Information
Code of Conduct Complaint Form of _________________ (insert name of
Applicant) ·
Signature of Applicant I Date
Personal Information on this form is collected pursuant to the Municipal Freedom of Information and
Protection of Privacy Act and will be used to review, assess and potentially investigate the details of the
complaint. Any questions related to the collection of this information should be directed to the City Clerk,
One The Esplanade, Pickering, ON, L 1V 6K7, 905.420.4611.
Page 3 of 3
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I Appendix 2 to ADM 070-001
Council Member Disclosure Statement
Appendix 2 Policy ADM 070/Procedure ADM 070-001 .
1. Nature of Gift/Benefit received:
2. Source:
3. Date Received:
4. Circumstances under which the Gift/Benefit was given and received:
5. Estimated Value:
6. What does the recipient intend to do with the Gift/Benefit?
7. Will the Gift/Benefit at some point.be given over to the municipality?
Member's Name:
Member's Signature: I Date
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p](KER]NG
Applicant Information:
Full Name:
Address:
Phone:
Applicant is (check one):
I Appendix 3 to ADM 070-001
Application for Inquiry
Alleged Contravention of the
Municipal Conflict of Interest Act
I Email:
• An elector in the City of Pickering
• An individual demonstrably acting in the public interest
• A corporation (including a municipality) demonstrably acting in the public interest
Where the Applicant is a corporation, please identify its authorized representative for purposes of this
application:
About the Allegation:
Name of the Member of Council who is the subject of the allegation (complete a separate form for each
Member who is the subject of an allegation):
The Applicant alleges that the Member contravened the following sections of the Municipal Conflict of
Interest Act (check all that apply):
• Section 5 • Section 5.1 • Section 5.2
The following are the Applicant's reasons for believing that the Member has contravened the above
section(s) of the Municipal Conflict of Interest Act:
[Set out the statements of facts in consecutively numbered paragraphs in the space provided on
page 2, with each paragraph being confined as far as possible to a particular statement of fact. If you
require more space, use the attached Schedule A]
Page 1 of 4
I
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Reasons:
Please read the following before signing:
Application for Inquiry
Alleged Contravention of the
Municipal Conflict of Interest Act
.
If the Integrity Commissioner launches an inquiry into an allegation, the content of this form, including the
Applicant's identity, may be shared with the Member who is the subject of the allegation. Information on
this form and information obtained during the inquiry, including the identities of the parties involved, may
be disclosed in the Integrity Commissioner's published reasons at the end of the inquiry and may be
disclosed in an application to the Superior Court. Only sign this application form if you understand and
accept the potential for disclosure of your identity and the information provided.
I the undersigned, make application to the Integrity Commissioner for the City of Pickering, for an inquiry
to be carried out concerning the alleged contravention as contained in this application: ·
Signature of Applicant I Date
Note: The statutory declaration on page 4 is a mandatory part of the application and required under
"the Municipal Act. It must be declared before a person authorized to take declarations in Ontario
(including any Ontario lawyer) .
. Personal Information on this form is collected pursuant to the Municipal Freedom of Information and
Protection of Privacy Act and will be used to consider and potentially conduct an inquiry into the details of
the application. Any questions related to the collection of this information should be directed to the City
Clerk, One The Esplanade, Pickering, ON, L 1V 6K7, 905.420.4611.
· Page 2 of 4
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Alleged Contravention of the
Municipal Conflict of Interest Act
Schedule A -Continued Information
Application for inquiry, alleged contravention of the Municipal Conflict of Interest Act
_________________ (insert name of applicant)
Signature of Applicant I Date
Personal Information on this form is collected pursuant to the Municipal Freedom of Information and
Protection of Privacy Act and will be used to consider and potentially conduct an inquiry into the details of
the application. Any questions related to the collection of this information should be directed to the City
Clerk, One The Esplanade, Pickering, ON, L 1V 6K7, 905.420.4611.
Page 3 of 4
DECLARATION
Required by subsection 223.4.1 (6) of the Municipal Act, 2001
I, ________________ , (insert full name), of the
_____________ (city, town, etc.) of _________ (specify
municipality) in the Province of _________ (enter country if outside Ontario)
solemnly declare that:
1. I am the Applicant.
1. The Applicant is a corporation and I. am its authorized representative.
(Strike out the line above that does not apply and initial the striking out)
2. I attest to the fact that the Applicant became aware of the Member's alleged
contravention of the Municipal Conflict of Interest Act not more than six weeks
before today.
2. [In a municipal election year:] I attest to the fact that the Applicant became aware of
the Member's alleged contravention of the Municipal Conflict of Interest Act within
the period of time starting six weeks before the fourth Friday of July, and ending on
voting day.
(Strike out the paragraph above that does not apply and initial the striking out)
3. I make this solemn declaration conscientiously believing it to be true and knowing
that it is of the same force and effect as if made under oath.
DECLARED before me at the )
_____ of ______ ,)
This __ day of ___ 20_)
A Commissioner, etc.
)
)
)
Applicant or Representative
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