HomeMy WebLinkAboutCS 06-05 REPORT TO
EXECUTIVE COMMITTEE
Report Number: CS 06-05
Date: January 6, 2005
From:
Bruce Taylor, AMCT, CMM
City Clerk
Subject: Endorsement of Bill 165 - Elected Officials Immunity Act, 2004
Recommendation:
That Report CS 06-05 regarding the endorsement of Bill 165 being the Elected
Officials Immunity Act, 2004, be received.
That the Council of the Corporation of the City of Pickering hereby endorses Bill
165, known as the Elected Officials Immunity Act, 2004, to provide elected
members of municipal councils and school boards the same privilege,
immunities and powers presently granted to members of the Legislative
Assembly; and
That copies of this resolution be forwarded to:
Honourable Dalton McGuinty, Premier of Ontario
Wayne Arthurs, MPP, Pickering-Ajax-Uxbridge
That the appropriate officials of the City of Pickering be authorized to take the
necessary actions to give effect thereto.
Executive Summary:
This Report provides an overview of Bill 165, known as the Elected Officials Immunity
Act, 2004, to provide elected members of municipal councils and school boards the
same privilege, immunities and powers presently granted to members of the Legislative
Assembly.
Report CS 06-05
Endorsement of Bill 165 - Elected Officials Immunity Act
January 6, 2005
Page 2
Financial Implications: Not applicable
Background:
Please find attached to this Report a letter dated December 14, 2004 from Jerry
Ouellette, MPP, Oshawa, providing a copy of Private Member's Bill 165 being the
Elected Officials Immunity Act, 2004.
As noted in the letter, the purpose of Bill 165 is to provide elected members of
municipal councils and school boards the same privilege, immunities and powers
presently granted to members of the Legislative Assembly. This Bill is designed to
assist elected officials and municipalities by allowing more freedom of speech and
public debate during Council and committee meetings without the fear of court action.
I believe that the intent of Bill 165 is to provide the same privileges as set out in Section
37 of the Legislative Assembly Act, which states as follows:
A member of the Assembly is not liable to any civil action or prosecution,
arrest, imprisonment or damages, by reason of any matter or thing the
member brought by petition, bill, resolution, motion or otherwise, or said
before the Assembly or a committee thereof.
Although there is some common law governing freedom of speech by Members of
Council, it is not clear on how far Members of Council are covered. Also, common law
governing slander is also very unclear and provides an impediment to a full and open
debate by local elected officials of important issues.
Bill 165 proposes to provide legislation that would allow local elected officials to have
the same freedoms of speech granted to members of the Legislative Assembly which
over the years has not been abused by the members of the Legislative Assembly.
Attachments:
1. Letter from Jerry Ouellette dated December 14, 2004
CORP0227-07/01
Report CS 06-05
Endorsement of Bill 165 - Elected Officials Immunity Act
Janua~ 6,2005
Page 3
Prepared By:
/Br--'~ce ~-aylor
City Clerk
Approved I Endorsed By:
G'q]]~-~Paterson
Director, Corporate Services & Treasurer
Attachments
Recommended. d/t ~onside~ation of
Pickering~
~~ff/~/~/L Thomas ~' i~ef Administrative O~)~
CORP0227-07/01
Ontario
LEGISLATIVE ASSEMBLY
JERRY J. OUELLETTE, M.RP.
Oshawa
December 14, 2004
Queen's Park Office:
Rm. 428
Legislative Building
Toronto, Ontario
M7A lA8
Tel. (416) 325-2147
Fax (416) 325-2169
Constituency Office:
170 ^thol St. E.
Oshawa, Ontario
L1H 1K1
Tel. (905) 723-2411
Fax (905) 723-1054
E-mail:jerry_ouellette@ontla.ola.org
Website:www.oshawarnpp.com
Mayor David Ryan & Council
One The Esplanade
Pickering, Ontario
L1V 6K7
Dear Mayor & Council:
I am pleased to be able to provide you with a copy of my Private Member's Bill, the
'Elected Officials Immunity Act 2004', which I introduced in the Legislative Assembly
of Ontario.
This Bill, if passed will provide elected members of municipal councils and school
boards the same privilege, immunities, and powers presently granted to members of the
Legislative Assembly. The legislation is designed to assist elected officials and
municipalities by allowing more freedom of speech and public debate in chamber settings
without the reprise of court action.
Any support or assistance that you can provide would be greatly appreciated. Please
contact your local MPP as well as Premier Dalton McGuinty of your endorsement of this
Bill.
I look forward to your valuable input and appreciate all your support.
Yours Sincerely,
1 ST SESSION, 38TH LEGISLATURE, ONTARIO
53 ELIZABETH II, 2004
1re SESSION, 38e LI~GISLATURE, ONTARIO
53 ELIZABETH II, 2004
Bill 165
Projet de loi 165
An Act to provide
elected members of
municipal councils and
school boards with
certain privileges,
immunities and powers
Loi octroyant certains
privileges et pouvoirs
et certaines immunit6s
aux membres 61us
des conseils municipaux
et des conseils scolaires
Mr. Ouellette
M. Ouellette
Private Member's Bill
Projet de loi de d6put6
1 st Reading
2nd Reading
3rd Reading
Royal Assent
December 15, 2004
] re lecture
2~ lecture
3e lecture
Sanction royale
15 d6cembre 2004
Printed by the Legislative Assembly
of Ontario
Imprim6 par l'Assembl6e 16gislative
de l'Ontario
Bill 165
2004
Projet de loi 165
2004
An Act to provide
elected members of
municipal councils and
school boards with
certain privileges,
immunities and powers
Loi octroyant certains
privileges et pouvoirs
et certaines immunit6s
aux membres 61us
des conseils municipaux
et des conseils scolaires
Her Majesty, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts
as follows:
Grant of privileges, immunities and powers
1. An elected member of a council of a municipality or
of a school board has the same privileges, immunities and
powers as the law confers on a member of the Legislative
Assembly of Ontario.
Commencement
2. This Act comes into force on the day it receives
Royal Assent.
Short title
3. The short title of this Act is the Elected Officials
Immunity Act, 2004.
Sa Majest6, sur l'avis et avec le consentement de
l'Assembl6e 16gislative de la province de l'Ontario,
6dicte:
Octroi de privileges, immunit6s et pouvoirs
1. Le membre 61u d'un conseil municipal ou d'un
conseil scolaire dispose des m~mes privileges, immunit6s
et pouvoirs que ceux que la loi conf6re aux d6put6s fi
l'Assembl6e 16gislative de l'Ontario.
Entr6e en vigueur
2. La pr6sente Ioi entre en vigueur le jour off elle
re~:oit la sanction royale.
Titre abr6g6
3. Le titre abr6g6 de la pr6sente loi est Loi de 2004
sur l'immunitd des dlus.
EXPLANATORY NOTE
The purpose of the Bill is to extend to elected members of mu-
nicipal councils and school boards those privileges, immunities
and powers presently enjoyed by members of the Legislative
Assembly of Ontario.
NOTE EXPLICATIVE
L'objet de la pr6sente loi est d'accorder aux membres 61us des
conseils municipaux et des conseils scolaires les privileges,
immunit6s et pouvoirs dont les d6put6s h l'Assembl6e 16gisla-
tive de l'Ontario sont pr6sentement investis.