Bill 68, the Modernizing Ontario’s Municipal Legislation Act (MOMLA), 2017 amends the Municipal Conflict of Interest Act and the Municipal Act, 2001. The changes made through MOMLA were staged to come into force in phases, described below:

March 1, 2019

• Codes of Conduct – municipalities are now required to have a code of conduct for its members of Council and Local Boards.
• Integrity Commissioner – municipalities are now required to have an Integrity Commissioner (IC) to conduct inquiries upon complaint. The IC must also respond to requests by members of Council or Local Boards for advice respecting their obligations under the code and the act, and to provide educational information to the members, the municipality and the public about the code and the act.
• Policy on Staff-Council relations – a policy must be adopted involving the relationship between members of Council and the officers and employees of the municipality.

Integrity Commissioner

The Integrity Commissioner (IC) is an independent and impartial position reporting directly to Council. The IC is responsible for oversight of the Code of Conduct for Members of Council, Committees and Local Boards and includes providing advice, issuing interpretations and reports, investigating complaints and where necessary, recommending sanctions. The IC is also responsible for providing educational programs to members of Council and staff.

Municipal government can be complex, and Council, Committee and Local Board members can turn to the Integrity Commissioner to provide confidential advice on ensuring they maintain the high standards expressed in the Code of Conduct.

The IC investigates complaints about breaches to the Code of Conduct by members of Council, Committees and/or Local Boards. The IC can summon evidence and witnesses under oath to complete an investigation.

The IC also provides opinions and reports to Council, Committees and Local Boards on issues of ethics and integrity.

The IC is also responsible to review requests for investigations regarding whether a meeting of Council, Local Board or Committee was properly closed to the public.

Integrity Commissioner for the Township of Admaston/Bromley

Tony Fleming is a partner in the Land Use Planning, Development and Environmental Group and the Municipal Group at Cunningham Swan. He is recognized by the Law Society of Upper Canada as a Certified Specialist in Municipal Law (Local Government/Land Use Planning and Development). As a Certified Specialist, he has demonstrated expertise in the fields of municipal law and land use planning and development law.

Mr. Fleming provides consults with municipal clients on all aspects of municipal governance and complex land use planning matters. He appears frequently before the Ontario Municipal Board to defend decisions of municipal councils and Committees of Adjustment. He also appears regularly before the Assessment Review Board and the Environmental Review Tribunal. In addition, he appears in all levels of Ontario Courts on administrative law matters, including defending challenges to municipal by-laws.

Ombudsman Ontario

Contact the Ombudsman if you have a problem that you have been unable to resolve with an Ontario government body, municipality, university, or school board. You can also contact us for information about our work or our processes.

The Ombudsman is an Officer of the Ontario Legislative Assembly who is independent of government and political parties. The office promotes fairness, accountability and transparency in the public sector by resolving and investigating public complaints and systemic issues within the Ombudsman’s jurisdiction. The Ombudsman is appointed for a five-year renewable term and his powers and authorities are set out in the Ombudman Act.

The Ombudsman can investigate complaints about Ontario government ministries, corporations, agencies, boards, commissions and tribunals, with some exceptions. The Ombudsman can also investigate complaints about all of Ontario’s municipalities, publicly funded universities and school boards.

The Ombudsman cannot investigate individuals, private businesses, the courts, politicians, local police, or the federal government – and some matters within the mandate of other officers (e.g., hospitals, long-term care facilities and children’s aid societies).