An integrity commissioner is a municipal accountability officer who is responsible for applying the rules governing the ethical conduct of members of municipal councils and local boards (including codes of conduct), and for providing advice and education on those rules.
The Municipal Act, 2001[1] provides the framework within which municipal integrity commissioners are appointed and carry out their functions.
Every municipality must establish a code of conduct for members of councils and local boards [s. 223.2], and appoint an integrity commissioner or use the services of an integrity commissioner from another municipality [s. 223.3(1.1)]. Integrity commissioners must function in an independent manner and report directly to municipal council [s. 223.3].
The Integrity Commissioner's Role:
- Applying the code of conduct and any procedures, rules and policies governing the ethical behavior of members of councils and local boards, including conducting investigations and inquiries[2] into complaints about alleged contraventions of a code of conduct;
- Conducting inquiries concerning alleged contraventions of the Municipal Conflict of Interest Act;
- Providing advice to members respecting their obligations under the code of conduct, procedures, rules or policies governing the ethical behavior of members, and the Municipal Conflict of Interest Act; and
- Providing educational information about the code of conduct and the Municipal Conflict of Interest Act [s. 223.3(1)].
All inquiries made to the Integrity Commissioner will be noted and reviewed in some fashion. The decision to pursue an investigation into a possible breach of the Code of Ethics and Conduct or other Municipality policy can only be made by the Integrity Commissioner based on the circumstances at the time of complaint.
If the Integrity Commissioner undertakes an investigation following a public complaint and the findings confirm a breach of the Code of Ethics and Conduct, appropriate penalties, as defined in the legislation, will be recommended to Council, and will become a matter of public record.