- The Integrity Commissioner is an officer appointed by Town Council as authorized by section 223.3 of the Municipal Act, 2001. As defined by this Act, the integrity commissioner is responsible for performing the following functions in an independent manner:
- Providing advice on the application of this Code for Members.
- Providing advice on the application of any procedures, rules and policies of the municipality and local boards governing the ethical behaviour of Members.
- Providing advice on the application of sections 5, 5.1 and 5.2 of the Municipal Conflict of Interest Act, R.S.O. 1990, c. M.50, as amended, to Members.
- Responding to requests from Members for advice respecting their obligations under this Code.
- Responding to requests from Members for advice respecting their obligations under a procedure, rule or policy of the municipality that governs the ethical behaviour of Members.
- Responding to requests from Members for advice respecting their obligations under the Municipal Conflict of Interest Act.
- Providing educational information to Members, the municipality and the public about this Code and about the Municipal Conflict of Interest Act.
- With respect to requests for advice, referred to in paragraphs (d), (e), and (f) above:
- Requests for advice from Members shall be in writing and the integrity commissioner shall provide all advice in writing.
- If all the facts known to the Member are disclosed to the integrity commissioner and there is no change to these facts, then the Member may rely on any written advice provided by the Integrity Commissioner.
- If the Integrity Commissioner receives a formal complaint in respect of the matter for which advice was given, the written advice provided to the Member will not remove the presumption of neutrality of the Integrity Commissioner or unfairly prejudice the Member.
- Regarding requests for advice referred to in paragraphs 1(d), (e) and (f) above, the Integrity Commissioner may still receive and investigate complaints for which written advice was given. The Integrity Commissioner may also decide to delegate the investigation of a complaint under subsection 223.3(3) of the Municipal Act, 2001.
- The Integrity Commissioner does not have jurisdiction to conduct inquiries regarding the conduct of employees in the course of their duties in the administration of the decisions of Council. Any requests for inquiry or complaints in respect of actions, omissions or decisions of the administration of Council shall be denied by the Integrity Commissioner and directed instead to the town’s appointed Ombudsman once the town’s complaints processes have been exhausted.
- Should it be unclear whether a complaint falls within the mandate of Halton Region or the town, the regional and town integrity commissioners will work together to develop a process to resolve the matter and report the findings to the appropriate Council(s). Where the regional and the town’s Integrity Commissioner is the same person or firm, that Integrity Commissioner will decide under which mandate the complaint falls. In such instances, consideration will be given to the following:
- The municipality in which the complaint was filed;
- The municipality in which the expense/mileage claim was submitted for an event or function; and
- The reasonableness for the respective municipality’s integrity commissioner to undertake the investigation.
- The Integrity Commissioner shall provide clarification regarding any part of this Code for Members, members of the public or employees. Employees cannot provide advice regarding how an individual should interpret this Code nor assist in an informal or formal complaint process.
- Items 1 through 5 above shall apply regardless of the individual or firm appointed by Council as its Integrity Commissioner under section 223.3 of the Municipal Act, 2001.
References
Council Code of ConductIntegrity Commissioner
Appendix B: The Complaint Process
Municipal Act, 2001
Municipal Conflict of Interest Act