Legislative History: Adopted March 26, 2019 (By-law No. CPOL.-385-92)
Last Review Date: July 25, 2023
Service Area Lead: City Clerk
1. Policy Statement
1.1 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, S.O. 2001, c. 25.
2. Definitions
2.1 Not applicable.
3. Applicability
3.1 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 Members of Council by by-law passed under section 223.3 of the Municipal Act, 2001, S.O. 2001, c. 25. The Integrity Commissioner reports directly to Members of Council or Local Boards and functions independently of the Civic Administration and Local Board Administration.
4.2 Municipal Council
a) In accordance with section 223.3(1) of the Municipal Act, 2001, S.O. 2001, c. 25., the Integrity Commissioner shall carry out the following functions:
i) the application of the City’s Code of Conduct for Members of Council and the City’s Code of Conduct for Members of Local Boards;
ii) 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;
iii) the application of sections 5, 5.1 and 5.2 of the Municipal Conflict of Interest Act, RSO 1990, c M.50, to Members of Council and of Local Boards;
iv) requests from Members of Council and of Local Boards for advice respecting their obligations under the City’s Code of Conduct applicable to the member;
v) 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;
vi) requests from Members of Council and of Local Boards for advice respecting their obligations under the Municipal Conflict of Interest Act, RSO 1990, c M.50; and,
vii) the provision of educational information to Members of Council, members of Local Boards, the municipality and the public about the City’s Codes of Conduct for Members of Council and members of Local Boards and about the Municipal Conflict of Interest Act, RSO 1990, c M.50.
b) The duties of the Integrity Commissioner with respect to Municipal Council are to:
i) 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;
ii) provide advice to Members of Council on the application of sections 5, 5.1 and 5.2 of the Municipal Conflict of Interest Act, RSO 1990, c M.50;
iii) 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, RSO 1990, c M.50, or rules and policies of the municipality governing the ethical behaviour of Members of Council;
iv) report to Council, in writing, where an inquiry under 4.2)b)iii) has been conducted and the Integrity Commissioner is of the opinion that a Member of Council has contravened the City’s Code of Conduct for Members of Council and/or and include any recommendations with respect to the inquiry for the Council to consider;
v) report to Council annually, in writing, summarizing any activities undertaken and advice given; and,
vi) 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, RSO 1990, c M.50, 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, RSO 1990, c M.50.
4.3 Local Boards
a) The duties of the Integrity Commissioner with respect to Local Boards are to:
i) 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;
ii) 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, RSO 1990, c M.50;
iii) 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;
iv) receive and conduct inquiries or initiate inquiries about whether a Member of a Local Board has contravened the Municipal Conflict of Interest Act, RSO 1990, c M.50, in accordance with sections 5, 5.1 and 5.2 of the Municipal Conflict of Interest Act, RSO 1990, c M.50;
v) report to the Local Board, in writing, where an inquiry has been conducted under 4.3a)iii) 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;
vi) report to Local Boards, annually, in writing, summarizing any activities undertaken and advice given; and
vii) 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, RSO 1990, c M.50, 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, RSO 1990, c M.50.