Integrity Commissioner Terms of Reference

By-Law Number
CPOL.-385-92
As Amended by

Legislative History: Adopted March 26, 2019 (By-law No. CPOL.-385-92)

Last Review Date: March 19, 2019

Service Area Lead: City Clerk

1. Policy Statement

This Policy establishes a Terms of Reference for The Corporation of City of London Integrity Commissioner in accordance with section 223.3 of the Municipal Act, 2001.

2. Definitions

None

3. Applicability

This Policy applies to all Members of Council and Local Boards.

4. The Policy

4.1 The Integrity Commissioner is an independent officer, appointed by Council by by-law passed under section 223.3 of the Municipal Act, 2001. The Integrity Commissioner reports directly to Council or Local Boards and functions independently of the Civic Administration and Local Board Administration.

4.2 Municipal Council

In accordance with section 223.3(1) of the Municipal Act, 2001, the Integrity Commissioner shall carry out the following functions:

a) The application of the code of conduct for members of council and the code of conduct for members of local boards.

b) The application of any procedures, rules and policies of the municipality and local boards governing the ethical behaviour of members of council and of 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 of local boards.

d)  Requests from members of council and of local boards for advice respecting their obligations under the code of conduct applicable to the member.

e) Requests from members of council and of local boards for advice respecting their obligations under a procedure, rule or policy of the municipality or of the local board, as the case may be, governing the ethical behaviour of members.

f) Requests from members of council and of local boards for advice respecting their obligations under the Municipal Conflict of Interest Act.

g) The provision of educational information to members of council, members of local boards, the municipality and the public about the municipality’s codes of conduct for members of council and members of local boards and about the Municipal Conflict of Interest Act.

The duties of the Integrity Commissioner with respect to Municipal Council are to:

a) provide advice to Members of Council on the application of the City’s Code of Conduct for Members of Council and any procedures, rules and policies of the municipality governing the ethical behaviour of Members of Council;

b) provide advice to Members of Council on the application of sections 5, 5.1 and 5.2 of the Municipal Conflict of Interest Act;

c) receive and conduct such formal or informal processes as may be appropriate (including inquiries or mediations), in accordance with the Council approved Complaint Protocol, concerning complaints by the Council, or any person that a Member of Council has contravened the City’s Code of Conduct for Members of Council, the Municipal Conflict of Interest Act, or rules and policies of the municipality governing the ethical behaviour of Members of Council;

d) report to Council, in writing, where an inquiry under part c) has been conducted and the Integrity Commissioner is of the opinion that a Member of Council has contravened the Code of Conduct for Members of Council and/or and include any recommendations with respect to the inquiry for the Council to consider;

e) report to Council annually, in writing, summarizing any activities undertaken and advice given; and,

f) provide such training and written reference materials, upon the request of Municipal Council, for distribution to and use by Members of Council and the public regarding the role of the Integrity Commissioner, the obligations and responsibilities of Members of Council under the City’s Code of Conduct for Members of Council and under the Municipal Conflict of Interest Act, the meaning of the City’s Code of Conduct for Members of Council and any procedures, rules and policies of the municipality governing the ethical behaviour of Members of Council under the City’s Code of Conduct for Members of Council and the Municipal Conflict of Interest Act.

4.3 Local Boards

The duties of the Integrity Commissioner with respect to Local Boards are to:

a) provide advice to Members of Local Boards on the application of the City’s Code of Conduct for Local Boards and any procedures, rules and policies of the Local Boards governing the ethical behaviour of Members of Local Boards;

b) provide advice to Members of Local Boards on the application of sections 5, 5.1 and 5.2 of the Municipal Conflict of Interest Act;

c) receive and conduct inquiries, in accordance with the Council approved Complaint Protocol for Local Boards, into requests by Local Boards, a Members of the Local Boards or a member of the public about whether a Member of a Local Board has contravened the City’s Code of Conduct for Local Boards;

d) receive and conduct inquiries or initiate inquiries about whether a Member of a Local Board has contravened the Municipal Conflict of Interest Act, in accordance with sections 5, 5.1 and 5.2 of the Act;

e) report to the Local Board, in writing, where an inquiry has been conducted under part c)  and the Integrity Commissioner is of the opinion that a Member of the Local Board has contravened the Code of Conduct for Members of Local Boards and include any recommendations with respect to the inquiry for the Local Board to consider;

f) report to Local Boards, annually, in writing, summarizing any activities undertaken and advice given; and

g) provide such training and written reference materials, upon the request of Local Boards, for distribution to and use by Members of Local Boards and the public regarding the role of the Integrity Commissioner, the obligations and responsibilities of Members of Local Boards under the City’s Code of Conduct for Members of Local Boards and under the Municipal Conflict of Interest Act, the meaning of the City’s Code of Conduct for Members of Local Boards and any procedures, rules and policies of the Local Boards governing the ethical behaviour of Members of Local Boards under the City’s Code of Conduct for Members of  Local Boards and the Municipal Conflict of Interest Act.

Last modified:Thursday, January 07, 2021