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TORONTO — Ontario municipal councillors could be removed from office and disqualified from running again under new provincial legislation introduced Thursday that would increase penalties for violating a municipal code of conduct.
Municipalities have for years been calling for updated codes of conduct to address workplace harassment, as well as stricter penalties for those who violate the rules — including removal from office — but the main advocacy group pushing for changes says the new bill makes it too difficult to get rid of those councillors.
Municipal Affairs Minister Paul Calandra’s bill would allow for the creation of a standard code of conduct for all municipalities, with penalties of removing and disqualifying a member from office if they are in serious violation of the code.
But removal and disqualification could only happen if the municipal integrity commissioner recommends it, if Ontario’s integrity commissioner agrees and if councillors except for the member in question unanimously agree to it in a vote.
Emily McIntosh, with Women of Ontario Say No, which has been pushing for more tools to hold politicians accountable for workplace harassment, said the requirement of a unanimous vote should not be in the legislation.
“If you require unanimous support at the council level, it means that one person who has a personal relationship with another person can undermine the recommendation of the provincial integrity commissioner for removal,” she said in a video statement.
“It also is extremely inefficient from a taxpayer perspective, which means we’re investing as taxpayers into this great process to make things consistent, only to see it potentially risk being non-actionable because one person doesn’t like the outcome.”
Calandra said all of the steps in the process are deliberately difficult to overcome.
“It is meant to be a very high bar,” he said at a press conference.
“Ultimately, the people will decide in an election. I wanted to have a mechanism (for removal), though. I thought it was very important.
“I think we’ve hit a good balance that will allow councils to address the most egregious of challenges in their community, while respecting the voters of each community.”
Municipal integrity commissioners and the provincial integrity commissioner would only be able to recommend removal from office if the councillor has contravened the code of conduct, the conduct is serious and has resulted in harm to a person’s health, safety or well-being, and existing penalties aren’t sufficient.
The integrity commissioner could also consider whether the conduct “negatively impacts public confidence in the ability of the member to discharge their duties,” the government said.
The Ontario’s Big City Mayors group said it is pleased with the legislation.
“Municipalities and municipal integrity commissioners currently lack the tools to enforce codes of conduct and there have unfortunately been numerous examples of repeated contraventions of codes of conduct, bullying and harassment across the municipal sector,” the group wrote in a statement.
“Municipal staff and elected members of council deserve a safe and respectful workplace free from harassment and bullying.”
Stephen Blais, who represents the riding of Orleans for the Liberals, had introduced a private member’s bill on the topic, prompted by complaints of harassment related to an Ottawa councillor.
He said the unanimous vote is too high of a bar, and the government’s legislation is “too little, too late.” He added he is not convinced it will ever pass, with the possibility Premier Doug Ford could call an early election this spring.
“I don’t think it will be debated and certainly I don’t think passed into law, given the timing of the election,” Blais said.
“Moreover, the process that they’ve established is very cumbersome and my efforts and the efforts from stakeholders have been to try to take politics out of this process and it seems to me the government is injecting politics straight into it.”
Ontario’s legislature rose Thursday for its winter break, which the government has extended. The legislature had been set to return Feb. 18 but it will now not be back until March 3.
The bill is skipping second reading and going straight to the committee stage, so it is possible for committee hearings to take place on the bill while the legislature is not sitting.
Calandra also introduced a Peel Transition Implementation Act, to transfer some services currently handled by Peel Region to its three municipalities of Mississauga, Brampton and Caledon.
That comes after Ontario reversed course on a plan to dissolve the regional government, instead promising to find efficiencies in its management.
This report by The Canadian Press was first published Dec. 12, 2024.
Allison Jones, The Canadian Press
