Yesterday, Minister Paul Calandra introduced Bill 241, Municipal Accountability Act, 2024 to strengthen municipal governance and accountability. The bill would amend the Municipal Act and City of Toronto Act establishing a new, standardized municipal code of conduct and integrity commissioner framework.
Members will recall in 2021, the Province undertook consultations to strengthen municipal codes of conduct following several high-profile workplace violence investigations against sitting councillors, such as at the City of Ottawa with then-Councillor, Rick Chiarelli. However, the Province delayed action despite increasing pressures from municipal associations, municipal councils and advocacy group, Women of Ontario Say No.
Within our submission to the consultation, we provided 11 recommendations to improve the current political accountability framework, including a broader range of penalties to manage egregious council member conduct and additional code standards developed in consultation with the sector.
On the final day of the legislative session before recessing until March 3, 2025, the Province put forward this legislation. If passed, the bill and forthcoming regulations would, among other things:
- Standardize both the municipal code of conduct with mandatory training for members, as well as integrity commissioner investigation processes including reporting requirements.
- Establish a role for the Integrity Commissioner (IC) of Ontario in municipal code of conduct and integrity commissioner matters, such as advising on IC appointments, training local commissioners and conducting inquiries.
- Introduce a mechanism for members of council and certain local boards to be removed and disqualified for four years for serious code violations.
The bill also points to the Integrity Commissioner of Ontario (and anyone under their instruction) maintaining confidentiality in all matters with exceptions for disclosure of information. A new framework, which would include accompanying regulations, would be in place for the next term of council in 2026.
At first glance, the bill addresses some of our concerns and allows for our recommendations related to code standards and training, among others. We appreciate the Province’s response to these recommendations. However, there may be duplication in the need for inquiries, with Integrity Commissioners continuing to serve largely in an advisory capacity, leaving the ultimate decision-making with local councils. Other than recommending removal in the most serious of cases, which must meet four specified criteria, penalties and/or sanctions remain limited. Moreover, the process maintains a lack of independent oversight and may in fact, lead to inconsistency in accountability across municipalities.
The bill has been referred to Standing Committee on Heritage, Infrastructure and Cultural Policy, with the legislature on winter break. In the meantime, we will further review the proposed changes and impacts to our members whose workplace environment could be affected. It is our belief that our members and municipal staff should also be consulted on these matters and involved in terms of implementation. Stay tuned for further analysis to come.
Should you wish to provide feedback on the bill, a corresponding registry posting is available for comment until February 10, 2025: Proposed amendments to the Municipal Act, 2001, and the City of Toronto Act, 2006 to standardize and strengthen the municipal code of conduct and integrity commissioner framework.
Members are also welcome to submit their comments and/or a copy of their organization's formal response to the registry posting to our policy and government relations team.