Item - 2019.EX1.3

The Executive Committee recommends that:

1.  City Council amend Toronto Municipal Code Chapter 3, Accountability Officers as follows:

a.  by deleting references to the Complaint Protocol;

b.  to provide that the Integrity Commissioner may issue public reports without reporting to Council, in accordance with Article V of the City of Toronto Act, 2006;

c.  to reflect new authority of the Integrity Commissioner to provide advice on the application of the Municipal Conflict of Interest Act;

d.  to reflect new authority of the Integrity Commissioner to conduct inquiries on whether a member of Council or local board (restricted definition) has contravened the Municipal Conflict of Interest Act;

e.  to clarify the Integrity Commissioner's responsibilities to carry out other duties mandated by City policies, including the Human Rights and Anti-Harassment/Discrimination Policy;

f.  to expand the responsibility of the Integrity Commissioner to provide educational programs to members of Council, local boards (restricted definition) and their staff on the Municipal Conflict of Interest Act;

g.  to expand the authority of the Integrity Commissioner to bring applications to Court pursuant to section 8 of the Municipal Conflict of Interest Act; and

h.  by adding the following new Section, headed "Complaint Procedures":

A. The Integrity Commissioner is responsible for establishing procedures for:

(1) formal requests for investigations and informal complaints about possible contraventions of the Code of Conduct; and

(2) applications pursuant to section 160.1 of the Act.

B. The Integrity Commissioner shall not participate in an informal complaint about possible contraventions of the Code of Conduct during the election period described in sub-sections 160(7) - (9) of the Act. 

C. The Integrity Commissioner may attempt to settle any matter at any stage.

D. The Integrity Commissioner shall not conduct an investigation if they are of the opinion that, or where it becomes apparent in the course of the investigation that, a request to investigate is frivolous, vexatious, not made in good faith or that there are insufficient or no grounds for an investigation.

E. The Integrity Commissioner may refuse to conduct, or terminate, an investigation in the following circumstances: 

(1) There has been a substantial delay between the request and the incidents that are the subject matter of the complaint, and because of the delay the inquiry would serve no useful purpose; or

(2) The Integrity Commissioner is of the opinion that the inquiry would serve no useful purpose. 

F. The Integrity Commissioner shall not issue a report finding a violation of the Code of Conduct on the part of any member unless the member of Council or local board (restricted definition) has had notice of the basis for the proposed finding and any recommended sanction or remedial action, and an opportunity either in person or in writing to comment on the proposed findings and any recommended sanction or remedial action. 

G. The Integrity Commissioner shall provide a report to the complainant and the member at the conclusion of the investigation.

H. Notwithstanding the Integrity Commissioner's general reporting authority and discretion set out in this Chapter, where the complaint is sustained in whole or in part, the Integrity Commissioner shall provide a report to Council outlining the findings, the terms of any settlement, or recommended penalty or remedial action.

I. Council or a local board (restricted definition) shall consider and respond to any report filed by the Integrity Commissioner that recommends a penalty or remedial action as its first opportunity.  In responding to such a report, Council or a local board (restricted definition) may vary a recommendation that it impose a penalty or remedial action but shall not refer the matter other than back to the Integrity Commissioner.

J. The Integrity Commissioner shall state in a report and recommend that no penalty or remedial action be imposed if the Integrity Commissioner determines that:

(1) there has been no contravention of the Code of Conduct;

(2) a contravention occurred although the member took all reasonable measures to prevent it; or

(3) a contravention occurred that was trivial or committed through inadvertence or an error in judgement made in good faith.

This report seeks amendments to Toronto Municipal Code Chapter 3, Accountability Officers, to respond in part to changes to the authority of the City of Toronto's Integrity Commissioner as a result of Bill 68, Modernizing Ontario's Municipal Legislation Act, 2017, which received royal assent May 30, 2017.

The section of Bill 68 which amends the City of Toronto Act and expands the role of the Integrity Commissioner (IC) will come into effect on March 1, 2019. The recommended amendments to Chapter 3 in this report are necessary to reflect the additional responsibilities of the Integrity Commissioner to:

-  advise on matters related to the Municipal Conflict of Interest Act, and

-  investigate and bring applications to Court regarding allegations of failure to comply with the Municipal Conflict of Interest Act.
 

Other recommendations in this report confirm the authority of the Integrity Commissioner to establish policies and procedures for complaints within her Office mandate to preserve the independence of the Integrity Commissioner.