Critics voice concerns over alleged flaws in proposed revisions to Ontario's municipal code of conduct regulations
A bill proposed by the Ontario government aims to give municipal councils the power to remove misbehaving and unethical councillors. However, the bill has drawn criticism, primarily concerning the removal process's high voting threshold and potential flaws in accountability.
The key feature of the bill is that after a municipal integrity commissioner investigates and recommends removal, the provincial integrity commissioner can also assess and recommend removal. The actual removal from office, however, requires a unanimous vote by all other council members. Critics, including municipal law expert John Mascarin, call this "fatally flawed" because it sets an excessively high bar for removing a councillor.
The Association of Municipalities of Ontario (AMO) supports the bill's goals but proposes amending the removal vote threshold from unanimous to a supermajority (at least two-thirds of council) to balance fairness with accountability. AMO previously preferred judicial involvement in removal decisions but accepts that elected officials will make the decision if the government insists, recommending a supermajority vote as more appropriate than unanimity.
Alternatives to ensure accountability besides removal by council vote include continuing or improving integrity commissioner roles and judicial or independent tribunal involvement as more impartial alternatives. However, explicit alternative mechanisms besides changing the vote threshold or maintaining integrity commissioner oversight have not been detailed in the publicly documented discussions on the bill.
Duff Conacher, co-founder of Democracy Watch, considers the bill a "few baby steps in the right direction" but criticizes the system of municipalities appointing their own integrity commissioners as "conflict-ridden." Conacher proposes another method of accountability where complaints are referred to a judge to ensure decisions are made independently from municipal officials.
The removal would then require a unanimous vote by the other members of council. Under current rules, municipalities establish their own codes of conduct and appoint an integrity commissioner. If a councillor is accused of violating the code, the municipal integrity commissioner investigates and provides a report to council, which can then vote on one of two possible penalties: a reprimand or a suspension of pay for up to 90 days.
Coun. Lisa Robinson, a councillor in Pickering, east of Toronto, has denied allegations against her and has expressed concerns about the proposed legislation, stating that it lacks an appeal process and independent adjudicator. The conflict in Pickering began more than a year ago and involved multiple complaints against Coun. Robinson, including accusations of homophobia and racism and her repeated appearances on right-wing media platforms.
Salonen, the mayor of Wilmot Township, applauds the province's push for more accountability but notes the lack of support for elected officials affected by their peers' misconduct. Salonen suggests a human resources system for municipalities, potentially through Ontario's ombudsman or the public service commission, to address such complaints. Salonen asserts that the bill underlines that Ontario can lead by example by stating that conduct matters and respect is non-negotiable.
In summary, the Ontario bill proposes to standardize municipal codes of conduct and give councils the power to vote on vacating the seat of a councillor who has violated the code. The bill has faced criticism for its high voting threshold for removal, and the Association of Municipalities of Ontario has proposed amending the threshold to a supermajority. Alternatives to ensure accountability, such as judicial oversight or independent tribunals, have been suggested but not fully fleshed out. The bill is currently under consideration by the Ontario legislature.
- The Association of Municipalities of Ontario (AMO) has proposed amending the high voting threshold for removing a councillor from office in the Ontario bill, suggesting a supermajority instead of a unanimous vote.
- Duff Conacher, co-founder of Democracy Watch, has proposed an alternative accountability mechanism where complaints are referred to a judge to ensure decisions are made independently from municipal officials, bypassing the current system of municipalities appointing their own integrity commissioners.
