Democracy Watch calls for Municipal Accountability Act reforms

Under Bill 9, the cabinet may set a single ethics code for all municipalities; however, it is not a requirement. The provincial commissioner may only intervene partially in the event of serious code breaches.

“While Bill 9 takes a few steps in the right direction to improve broken, unethical, conflict-ridden and ineffective municipal political ethics systems across Ontario, the bill is far from what is needed to have an effective system across the province,” Democracy Watch co-founder Duff Conacher said in a statement. “There should be one strict, strong ethics law for all municipal councillors and staff across Ontario, and the provincial integrity commissioner should be empowered and required to investigate and rule publicly on all complaints, and to penalize all violators, with appeals to the courts allowed, similar to the system in place for enforcing the freedom of information and privacy law that applies to all municipalities.”

Democracy Watch outlined the following recommendations in its written submission to the committee:

• One ethics law for all Ontario municipalities that demands honesty from councillors and all members of local boards/entities, requires the disclosure of assets and liabilities in an online searchable registry, and bans these parties from taking part in discussions, votes, or decision-making processes where there is conflict of interest. Parties charged with a crime will automatically be suspended from the council.
• The Ontario integrity commissioner (OIC) will investigate all complaints.
• The right to file complaints is granted to all members of the public.
• The OIC must look into all supposed breaches it is informed of and must present a public ruling on any such violation.
• The OIC must penalize all violations according to a sliding scale of penalties based on the breach’s seriousness; penalties may include suspension or removal from office.
• The OIC’s rulings may be contested in court by any individual or entity that passes the public interest standing test.

Democracy Watch also suggested that provincial parties collaborate on implementing a lobbying disclosure and ethical lobbying law and a best-practice whistleblower protection law for all municipalities in Ontario. This aligns with the province’s existing one freedom of information and privacy protection law system.