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HomeMy WebLinkAboutBy-law 8277/26The Corporation of the City of Pickering By-law No. 8277/26 Being a by-law to confirm the Appointment of Boghosian + Allen LLP as the Integrity Commissioner and Lobbyist Registrar for the City of Pickering Whereas Section 223.3 of the Municipal Act, 2001, S.O. 2001, c. 25 (the “Act”), authorizes a municipality to appoint an Integrity Commissioner who reports to Council and who is responsible for performing in an independent manner the functions assigned by the municipality; And Whereas Section 223.11 of the Act, authorizes the City of Pickering to appoint a Lobbyist Registrar who is responsible for performing in an independent manner the functions assigned by the City of Pickering with respect to a Lobbyist Registry; And Whereas Sections 8, 9, and 10 of the Act, authorize the City of Pickering to pass by-laws that are necessary or desirable for municipal purposes, and in particular paragraph 2 of subsection 10(2) authorizes by-laws respecting the accountability and transparency of the municipality and its operations; And Whereas the current contract for Integrity Commissioner and Lobbyist Registrar services for the City of Pickering will expire on November 14, 2026; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1.That Boghosian + Allen LLP, is hereby appointed as the Integrity Commissioner and Lobbyist Registrar for the City of Pickering; and, 2.That in accordance with the agreement between Boghosian + Allen LLP, as the City of Pickering’s Integrity Commissioner and Lobbyist Registrar, and the City of Pickering, the following roles and services shall be provided: Role: In accordance with Section 223.3(1) of the Municipal Act, the role of the 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 behaviour of Members of Council and local boards; (c)The application of sections 5, 5.1, 5.2 and 5.3 of the Municipal Conflict of Interest Act to Members of Council and local boards; By-law No. 8277/26 Page 2 (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; and, (g)Provide educational information to Members of Council, local boards, the City and the public about the City’s Code of Conduct and the Municipal Conflict of Interest Act. 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, with respect to the application of the Code of Conduct for Members of Council and of local boards, of the City of Pickering, including any legislation, procedures, rules and policies of the City governing the ethical behaviour of the Members. The mandate of the Integrity Commissioner includes: (a)Providing advice and education upon request by a Member or by Council or the local board as a whole, regarding ethical obligations and responsibilities under their Code of Conduct, and any other legislation, rules or policies governing their ethical behaviour; (b)Receiving, assessing and investigating where appropriate, complaints may by Council, a Member of Council, a local board, a member of a local board, a member of staff, or a member of the public respecting an alleged breach of the City’s Code of Conduct through the provisions of the Code of Conduct and any Procedures for complaints; (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, 5.2 or 5.3 of the Municipal Conflict of Interest Act; (d)Giving advice on policy issues and the workings of the City’s Integrity Commissioner’s office; and, (e)All advice being provided in writing in accordance with the requirements of Section 223.3(2.2) of the Municipal Act; The Integrity Commissioner shall cause to perform, in an independent manner, the functions of a Lobbyist Registrar in accordance with section 223.11 of the Municipal Act, and By-law 8003/23 which includes but is not limited to: By-law No. 8277/26 Page 3 (a)providing advice, opinions and interpretation pertaining to the administration, application and enforcement of the Lobbyist Registry By-law; (b)conducting inquiries in respect of a request made about compliance with the Lobbyist Registry By-law, which may include requesting that a Public Office Holder gather information concerning Lobbying of themselves and provide that information to Lobbyist Registrar; (c)enforcing the Lobbyist Registry By-law; (d)suspending, revoking or refusing a Registration or Return; (e)advising Council on Lobbying matters and recommending improvements to the Lobbyist Registry By-law; and, (f)providing an annual report to Council and any other reports as the Lobbyist Registrar considers appropriate. Reporting to Council: (a)The Integrity Commissioner will report directly to Pickering City Council with a report containing the results of investigations and one annual report summarizing the year’s activities, observations, and any resulting general recommendations including reporting on matters pertaining to the City’s Lobbyist Registry; and, (b)The Integrity Commissioner may recommend that City Council impose penalties in accordance with the Municipal Act if in the opinion of the Integrity Commissioner, a Member has contravened the Code of Conduct. Other General Provisions: (a)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; and, (b)All services provided by the Integrity Commissioner shall conform to all the statutory requirements of Section 223.3 to 223.12 of the Municipal Act. 3.That By-law 7956/22 be repealed effective November 14, 2026. 4.That this By-law shall come into effect as of November 15, 2026. By-law passed this 22nd day of June, 2026. Original Signed By ____________________________ Kevin Ashe, Mayor Original Signed By ____________________________ Susan Cassel, City Clerk