Integrity Commissioner FAQ
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Answer
All elected officials are required to follow the Code of Ethical Conduct for Members of Council and Local Boards (PDF). The Integrity Commissioner’s primary role is to ensure the code is followed, this includes:
- addressing any violations made against the code
- assessing requests and complaints made by a member of the public or Council
- educating Council Members on the code
- outlining recommendations to deal with any violations
A more in-depth list of the Integrity Commissioner’s duties is available on the role page.
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Answer
Council has adopted a complaint protocol that sets out the Integrity Commissioner’s authority over matters addressed by the code. The protocol outlines types of complaints that are covered by existing legislation. For example, an allegation violating the Criminal Code of Canada is a police matter – this allegation would not be investigated by the Integrity Commissioner.
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Answer
Members of the public, Vaughan Council and other City employees can file a complaint. More information on filing a complaint can be found under the complaint process.
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A complaint can be filed by following the complaint protocol. Complainants may decide to use an informal or formal procedure to file a complaint. Read more about these procedures and how to file a complaint.
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If an informal resolution is unsuccessful, a formal investigation is undertaken. The elected official is given a copy of the complaint and asked to respond in writing, with a copy of this response provided to the complainant. The process may include an interview between the complainant and Integrity Commissioner. Within 90 days of filing the complaint, the Integrity Commissioner submits a report to Council, detailing any violations of the code and her recommendations. Once the report has been reviewed, Council determines what actions will be taken.
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Answer
No. The Integrity Commissioner does not have any authority over City employees. The activities of the Integrity Commissioner are solely related to the Code of Ethical Conduct for Members of Council and Local Boards (PDF).
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Answer
No. The complaint protocol does not allow anonymous complaints or withholding the complainant’s name from the Council Member. However, the protocol does include an informal complaint procedure that allows the Integrity Commissioner to have an informal discussion with the Council Member to resolve the issue. Read more about this procedure and how to file a complaint.
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News reports or activities can be found under the Integrity Commissioner’s main page. Reports published by the Integrity Commissioner can be found under reports and statements.
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Answer
The MCIA provides a legislative framework for Members of Council and Local Boards to identify and disclose their own personal pecuniary interest in any matter being considered at a meeting.
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Answer
A Member’s declaration of office leaves no doubt that the obligation to comply with the requirements of the statute is a personal one. A Member may seek out advice from the Integrity Commissioner to assist in making their decision regarding whether they should disclose a personal pecuniary interest. A Member may also consider obtaining independent legal advice to assist them in making their personal decision.
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Answer
A pecuniary interest can be direct, indirect, or deemed.
A “pecuniary interest” is not defined in the MCIA but is generally considered a personal financial/monetary interest (whether positive or negative) in a matter that is subject of consideration at a meeting.
A “meeting” includes any regular, special, committee or other meeting (including Committee of the Whole).
The MCIA identifies a person with an “indirect pecuniary interest” if the Member,
(a) is a shareholder in, or a director or senior officer of, a corporation [1], has a controlling interest in or is a director or senior officer of, a corporation [2], and is a member of a body, that has a pecuniary interest in the matter; or
(b) is a partner of a person or is in the employment of a person or body that has a pecuniary interest in the matter.
In addition, a Member may be “deemed” to have a pecuniary interest if the parent, spouse, or child of the Member, if known to the Member, has a pecuniary interest.
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Answer
A Member who has a personal pecuniary interest may be exempt from the requirement to declare such interest if the Member, for example:
- is eligible for election or appointment to fill a vacancy, office or position on a Committee or Local Board of the District municipality;
- is a director or senior officer of a corporation incorporated for the purpose of carrying on business for the District municipality;
- may be entitled to an allowance for attendance at meetings, or any other allowance, honorarium, remuneration, salary or benefit;
- has a pecuniary interest which is an interest in common with electors generally; or
- has an interest which is so remote or insignificant in its nature that it cannot reasonably be regarded as likely to influence the Member.
Section 4 of the MCIA has a full list of exceptions.
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Answer
Where a Member has identified a direct, indirect or deemed personal pecuniary interest that comes before a meeting of Council or Local Board, the Member who is present at the meeting is required to:
- Verbally disclose the pecuniary interest prior to the matter being considered at the meeting;
- Not take part in the discussion of, or vote on any question in respect of the matter; and
- Not in any way attempt before, during or after the meeting to influence the voting on any question;
- If the meeting is closed under section 239 of the Municipal Act, leave the meeting.
- If the Member is absent from the meeting, the Member must take the above steps 1 to 3 at the first meeting attended by the Member after the meeting referred to above.
[1] A corporation that does not offer its securities to the public.
[2] A corporation that offers its securities to the public.
Integrity Commissioner - Frequently Asked Questions
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Answer
All elected officials are required to follow the Code of Ethical Conduct for Members of Council and Local Boards (PDF) and refer to the Complaint Protocol for the Code of Ethical Conduct for Members of Council and Local Boards (PDF). The Integrity Commissioner’s primary role is to ensure the code is followed, this includes:
- addressing any violations made against the code
- assessing requests and complaints made by a member of the public or Council
- educating Council Members on the code
- outlining recommendations to deal with any violations
A more in-depth list of the Integrity Commissioner’s duties is available on the role page.
-
Answer
Council has adopted a complaint protocol that sets out the Integrity Commissioner’s authority over matters addressed by the code. The protocol outlines types of complaints that are covered by existing legislation. For example, an allegation violating the Criminal Code of Canada is a police matter – this allegation would not be investigated by the Integrity Commissioner.
-
Answer
Members of the public, Vaughan Council and other City employees can file a complaint. More information on filing a complaint can be found under the complaint process.
-
Answer
A complaint can be filed by following the complaint protocol. Complainants may decide to use an informal or formal procedure to file a complaint. Read more about these procedures and how to file a complaint.
-
Answer
If an informal resolution is unsuccessful, a formal investigation is undertaken. The elected official is given a copy of the complaint and asked to respond in writing, with a copy of this response provided to the complainant. The process may include an interview between the complainant and Integrity Commissioner.
Within 90 days of filing the complaint, the Integrity Commissioner submits a report to Council, detailing any violations of the code and her recommendations. Once the report has been reviewed, Council determines what actions will be taken.
-
Answer
No. The Integrity Commissioner does not have any authority over City employees. The activities of the Integrity Commissioner are solely related to the Code of Ethical Conduct for Members of Council and Local Boards (PDF).
-
Answer
No. The complaint protocol does not allow anonymous complaints or withholding the complainant’s name from the Council Member. However, the protocol does include an informal complaint procedure that allows the Integrity Commissioner to have an informal discussion with the Council Member to resolve the issue. Read more about this procedure and how to file a complaint.
-
Answer
News reports or activities can be found under the Integrity Commissioner’s main page. Reports published by the Integrity Commissioner can be found under reports and statements.
-
Answer
The MCIA provides a legislative framework for Members of Council and Local Boards to identify and disclose their own personal pecuniary interest in any matter being considered at a meeting.
-
Answer
A Member’s declaration of office leaves no doubt that the obligation to comply with the requirements of the statute is a personal one. A Member may seek out advice from the Integrity Commissioner to assist in making their decision regarding whether they should disclose a personal pecuniary interest. A Member may also consider obtaining independent legal advice to assist them in making their personal decision.
-
Answer
A pecuniary interest can be direct, indirect, or deemed.
A “pecuniary interest” is not defined in the MCIA but is generally considered a personal financial/monetary interest (whether positive or negative) in a matter that is subject of consideration at a meeting.
A “meeting” includes any regular, special, committee or other meeting (including Committee of the Whole).
The MCIA identifies a person with an “indirect pecuniary interest” if the Member,
(a) is a shareholder in, or a director or senior officer of, a corporation [1], has a controlling interest in or is a director or senior officer of, a corporation [2], and is a member of a body, that has a pecuniary interest in the matter; or
(b) is a partner of a person or is in the employment of a person or body that has a pecuniary interest in the matter.
In addition, a Member may be “deemed” to have a pecuniary interest if the parent, spouse, or child of the Member, if known to the Member, has a pecuniary interest.
-
Answer
A Member who has a personal pecuniary interest may be exempt from the requirement to declare such interest if the Member, for example:
- is eligible for election or appointment to fill a vacancy, office or position on a Committee or Local Board of the District municipality;
- is a director or senior officer of a corporation incorporated for the purpose of carrying on business for the District municipality;
- may be entitled to an allowance for attendance at meetings, or any other allowance, honorarium, remuneration, salary or benefit;
- has a pecuniary interest which is an interest in common with electors generally; or
- has an interest which is so remote or insignificant in its nature that it cannot reasonably be regarded as likely to influence the Member.
Section 4 of the MCIA has a full list of exceptions.
-
Answer
Where a Member has identified a direct, indirect or deemed personal pecuniary interest that comes before a meeting of Council or Local Board, the Member who is present at the meeting is required to:
- Verbally disclose the pecuniary interest prior to the matter being considered at the meeting;
- Not take part in the discussion of, or vote on any question in respect of the matter; and
- Not in any way attempt before, during or after the meeting to influence the voting on any question;
- If the meeting is closed under section 239 of the Municipal Act, leave the meeting.
If the Member is absent from the meeting, the Member must take the above steps 1 to 3 at the first meeting attended by the Member after the meeting referred to above.
Additional Resources
- Application for Municipal Conflict of Interest Act Investigation (PDF)
- Code of Ethical Conduct for Members of Council and Local Boards (PDF)
- Complaint Form and Affidavit (PDF)
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Complaint Protocol for the Code of Ethical Conduct for Members of Council and Local Boards (PDF)
- Council Member Information Statement (PDF)
- Donor Declaration Form (PDF)
- Member of Council Participation in Community Organizations (PDF)
- Member of Council Request for Written Advice (PDF)