Province Sets One Ethics Code for Councils

Summary#

Bill 9 changes how municipal codes of conduct and misconduct cases are handled for all Ontario municipalities, including Toronto. It moves to a single provincial code of conduct (set by regulation) and creates a new process that can, in rare serious cases, lead to a council member’s seat being declared vacant. The stated approach appears aimed at standardizing rules, improving training and oversight, and adding consequences for severe misconduct.

Key changes:

• The provincial Cabinet may prescribe one code of conduct for all municipal councils and certain local boards (a defined group of municipal boards). Existing local codes of conduct will no longer apply once this takes effect.
• The Integrity Commissioner of Ontario will train and advise municipal Integrity Commissioners, and will investigate the most serious cases referred by them.
• Municipal Integrity Commissioners may refuse complaints that are frivolous, vexatious, or not in good faith. The Minister can set standards for how municipal inquiries are run.
• In severe cases that harmed someone’s health, safety, or well‑being and where normal penalties are not enough, the Ontario Integrity Commissioner may recommend that council declare a member’s seat vacant. Council must hold a vote within 30 days, and all eligible members present must vote in favour for the seat to be vacated.
• If approved, the member’s seat is vacated and they are barred from serving on council or local boards for four years. If not approved, no other penalties from that inquiry can be imposed.
• Strong confidentiality rules apply to the Ontario Integrity Commissioner’s work and override the Freedom of Information and Protection of Privacy Act.
• Timing: These changes start on a date set by the provincial government. The exact content of the new code will be set later by regulation.

What it means for you#

• Municipal councillors and local board members

  • Your local code of conduct will be replaced by a provincial code once it is made by regulation.
  • You could be required to take code‑of‑conduct training and attend meetings about the code.
  • In very serious cases that caused harm and where ordinary penalties are not enough, your conduct could be reviewed by the Ontario Integrity Commissioner. If a removal recommendation goes to council, you may speak to council but cannot vote on it.
  • Removal requires that all eligible council members vote yes. If council does approve removal, you lose your seat and cannot serve for four years.
  • No removal recommendation or Ontario inquiry can proceed during the period from nomination day to voting day in a regular election. There is also a six‑year limit from the date of the contravention.

• Municipalities and the City of Toronto

  • Your existing code of conduct will no longer apply; you will follow a provincial code set by regulation.
  • You may need to arrange member training and meetings on the code, as required by regulation.
  • If the Ontario Integrity Commissioner recommends declaring a seat vacant, your clerk must call a meeting and council must vote within 30 days. Approval requires all eligible members voting in favour.
  • If council does not approve vacancy, neither the municipality nor the local board can impose other penalties from that inquiry.
  • If a seat is declared vacant, related seats may also be deemed vacant (for example, between a lower‑tier and upper‑tier council, or between council and a local board). You would need to fill vacancies under existing rules.

• Municipal Integrity Commissioners

  • You may receive mandatory training from the Ontario Integrity Commissioner and may be required to educate council and board members on the code.
  • You can refuse complaints that are frivolous, vexatious, or not in good faith.
  • After an inquiry, you may recommend to the Ontario Integrity Commissioner that a seat be declared vacant if strict criteria are all met. If the matter is referred back, you must report to council on whether existing penalties should be imposed.

• Integrity Commissioner of Ontario

  • New duties include advising on the independence of candidates for municipal Integrity Commissioner roles, training municipal Integrity Commissioners, and conducting inquiries on referred serious cases. You may use certain powers under the Public Inquiries Act.
  • You must end an incomplete inquiry at nomination day and may restart it only if asked in writing within six weeks after voting day.

• Residents and voters

  • You may see a single, province‑wide set of ethics rules for councillors and local board members.
  • In rare, severe cases, a councillor could be removed, which could trigger a by‑election or appointment to fill the seat under existing law.

Expenses#

The bill may increase administrative costs, but no estimate is available.

• Province: costs to develop and maintain a provincial code; to train municipal Integrity Commissioners; and to run Ontario‑level inquiries, including possible investigative and legal costs.
• Municipalities: costs to deliver or host member training and required meetings; staff time to support new reporting and voting requirements; election or appointment costs if seats are vacated.
• Elected members: time required to complete mandatory training.
• Possible offset: allowing refusal of frivolous or bad‑faith complaints could reduce time spent on such matters.

Proponents' View#

• A single, province‑wide code could provide clear, consistent standards for conduct across all municipalities.
• Training and oversight by the Ontario Integrity Commissioner could improve the quality, independence, and consistency of municipal Integrity Commissioner work.
• A defined path to remove a member in rare, severe cases that caused harm could strengthen accountability and public confidence.
• Allowing refusal of frivolous or bad‑faith complaints could reduce misuse of the complaint process and focus resources on serious matters.
• Using Public Inquiries Act powers in serious cases could support thorough, arm’s‑length investigations.

Opponents' View#

• One concern is reduced local control: municipal codes are replaced by a provincial code, which may not fit local needs.
• Many details are left to future regulations (the code content, training, meeting requirements, inquiry standards), so the practical rules are unclear until those are made.
• Requiring all eligible council members to vote yes may make seat removal difficult even when serious misconduct is found.
• If council rejects a vacancy recommendation, the bill blocks other penalties from that inquiry, which could leave serious misconduct without any sanction from that case.
• Strong confidentiality rules that override freedom‑of‑information law may reduce transparency about investigations.
• The bill could add new administrative work and costs for the province and municipalities without identified funding.