BYLAW - Establish Codes of Conduct Council Local Boards - 20190226 - 615519The Corporation of the Town of Aurora
By-law Number 6155-19
Being a By-law to establish a Council Code of Conduct and a Local
Boards Code of Conduct.
Whereas Section 223.2 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended,
mandates that municipalities must have a Code of Conduct for its Members of Council
and Local Boards by March 1, 2019;
Now therefore the Council of The Corporation of the Town of Aurora hereby enacts
as follows:
1. Council Code of Conduct, attached hereto as Schedule 'A' and forming part of
this By-law, be and is hereby adopted.
2. Local Board Code of Conduct, attached hereto as Schedule 'B' and forming part
of this By-law, be and is hereby adopted.
Enacted by Town of Aurora Council this 26th day of February, 2019.
Tom Mrakas, Mayor
Michael de Rond, Town Clerk
Schedule “A” to By-law Number 6155-19
Town of Aurora Code of Conduct for Members of Council
January 2019
Contents
General Introduction ........................................................................................................ 2
Framework and Interpretation .......................................................................................... 2
Guiding Principles ............................................................................................................ 4
Specific Rules .................................................................................................................. 4
Rule No. 1: Avoidance of Conflicts of Interest .............................................................. 4
Rule No. 2: Gifts, Benefits and Hospitality .................................................................... 8
Rule No. 3: Member’s Expenses ................................................................................ 12
Rule No. 4: Confidential Information ........................................................................... 14
Rule No. 5: Use of Town Resources .......................................................................... 15
Rule No. 6: Election Campaigns ................................................................................. 16
Rule No. 7: Improper Use of Influence: ...................................................................... 18
Rule No. 8: Business Relations: ................................................................................. 19
Rule No. 9: Member Conduct ..................................................................................... 19
Rule No. 10: Media Communications ......................................................................... 20
Rule No. 11: Respect for Town By-laws and Policies: ................................................ 21
Rule No. 12: Respectful Workplace: ........................................................................... 22
Rule No. 13: Conduct Respecting Staff ...................................................................... 22
Rule No. 14: Employment of Council Relatives/Family Members ............................... 24
Rule No. 15: Not Undermine, Work Against Council’s Decisions ............................... 24
Rule No. 16: Reprisals and Obstruction ..................................................................... 25
Rule No. 17: Acting on Advice of Integrity Commissioner .......................................... 25
Rule No. 18: Implementation ...................................................................................... 25
Part A: Informal Complaint Procedure ........................................................................... 26
Part B: Formal Complaint Procedure ............................................................................. 26
Initial Complaint .......................................................................................................... 26
Classification by Integrity Commissioner .................................................................... 27
Investigation ............................................................................................................... 28
Council Review ........................................................................................................... 30
Confidentiality ............................................................................................................. 31
Complaint Form ............................................................................................................. 32
Schedule “A” to By-law Number 6155-19 Code of Conduct for Members of Council
Town of Aurora Page 2 of 32
General Introduction
Members of Aurora Council recognize their obligation to serve their constituents and the
public in a conscientious and diligent manner understanding that as leaders of the
community, they are held to a higher standard of behaviour and conduct.
Members recognize that ethics and integrity are at the core of public confidence in
government and in the political process; that elected officials are expected to perform
their duties in office and arrange their private affairs in a manner that promotes public
confidence, avoids the improper use of influence of their office and conflicts of interests,
both apparent and real. They recognize the need to uphold both the letter and the spirit
of the law including policies adopted by Council.
This Code of Conduct ensures that Members of Council share a common basis and
understanding for acceptable conduct of Members of Council, in concert with and
beyond the minimum standards of behaviour set out in the existing legislative
framework.
This Code of Conduct is consistent with the principles of transparent and accountable
government, and reflective of the Town’s core values.
Framework and Interpretation
1. This Code of Conduct applies to all Members of Council (“Members”). It is to be
given broad, liberal interpretation in accordance with applicable legislation and the
definitions set out herein. As a living document the Code of Conduct will be brought
forward for review at the end of each term of Council, when relevant legislation is
amended, and at other times when appropriate to ensure that it remains current and
continues to be a useful guide to Members of Council.
2. Commentary and examples used in this Code of Conduct are illustrative and not
exhaustive. From time to time additional commentary and examples may be added
to this document by the Integrity Commissioner and supplementary materials may
also be produced as deemed appropriate.
3. Where an elected official discloses all known facts to the Integrity Commissioner
and as long as those facts remain unchanged, the Member may rely on written
advice provided by the Integrity Commissioner. The Integrity Commissioner will be
bound by the advice given, as long as the facts remain unchanged, in the event that
he or she is asked to investigate a complaint.
4. Elected Officials seeking clarification of any part of this Code should consult with the
Integrity Commissioner.
Schedule “A” to By-law Number 6155-19 Code of Conduct for Members of Council
Town of Aurora Page 3 of 32
5. The Municipal Act, 2001 is the primary piece of legislation governing municipalities
however there are other statutes that govern the conduct of elected municipal
officials. It is intended that the Code of Conduct operate together with and as a
supplement to the following legislation:
• Municipal Act, 2001;
• Municipal Conflict of Interest Act (MCIA);
• Municipal Elections Act, 1996;
• Municipal Freedom of Information and Protection of Privacy Act (MFIPPA);
• Criminal Code of Canada.
Definitions
a. “Family” includes “child”, “parent” and “spouse” as those terms are defined in
the Municipal Conflict of Interest Act (set out below for ease of reference), and
also includes:
• Step-child and grand-child;
• Siblings and step-siblings;
• Aunt/uncle, niece/nephew, first cousins;
• In-laws, including mother/father, sister/brother, daughter/son;
• Any person who lives with the Member on a permanent basis.
“Child” means a child born within or outside marriage and includes an adopted
child and a person whom a parent has demonstrated a settled intention to treat
as a child of his or her family.
“Parent” means a parent who has demonstrated a settled intention to treat a
child as a member of his or her family whether or not that person is the natural
parent of the child.
“Spouse” means a person to whom the person is married or with whom the
person is living in a conjugal relationship outside of marriage.
b. “Member” means a member of the Council of the Town of Aurora, including the
Mayor.
c. “Social Media” means publicly available, third party hosted, interactive web
technologies used to produce, post and interact through text, images, video
and audio to inform, share, promote, collaborate or network.
d. “Staff” includes the Chief Administrative Officer, Directors, Managers,
Supervisors and all non-union and union staff whether full-time, part- time,
contract, seasonal or volunteers.
e. “Nomination Day” means the last day for filing or withdrawing a nomination as
provided for by the Municipal Elections Act, 1996.
Schedule “A” to By-law Number 6155-19 Code of Conduct for Members of Council
Town of Aurora Page 4 of 32
Guiding Principles
Members of Council shall serve the public and their constituents in a conscientious
and diligent manner.
Members of Council should be committed to performing their functions with integrity
impartiality and transparency.
Members of Council shall preform their duties in office and arrange their private affairs
in a manner that promotes public confidence and will bear close public scrutiny.
There is a benefit to municipalities when members have a broad range of
knowledge and continue to be active in their own communities, whether in business,
in the practice of a profession, in community associations, and otherwise.
Specific Rules
Rule No. 1: Avoidance of Conflicts of Interest
In this Rule:
a. “disqualifying interest” means an interest in a matter that, by virtue of the
relationship between the Member of Council and other persons or bodies
associated with the matter, is of such a nature that reasonable persons fully
informed of the facts would believe that the Member of Council could not
participate impartially in the decision-making processes related to the matter.
b. non-disqualifying interest” means an interest in a matter that, by virtue of the
relationship between the Member of Council and other persons or bodies
associated with the matter, is of such a nature that reasonable persons fully
informed of the facts would believe that the Member of Council could
participate impartially in the decision-making processes related to the matter
so long as:
• The Member of Council fully discloses the interest so as to provide
transparency about the relationship; and
• The Member of Council states why the interest does not prevent the
Member from making an impartial decision on the matter.
Members of Council shall not participate in the decision-making processes
associated with their office when prohibited to do so by the Municipal Conflict of
Interest Act.
Members of Council shall not participate in the decision-making processes
associated with their office when they have a disqualifying interest in a matter.
Schedule “A” to By-law Number 6155-19 Code of Conduct for Members of Council
Town of Aurora Page 5 of 32
For greater certainty:
a. Members of Council shall not participate in the decision-making processes
associated with their office when they have a direct, indirect or deemed
pecuniary interest in a matter, except in compliance with the Municipal
Conflict of Interest Act.
b. Members of Council shall not participate in the decision-making processes
associated with their office when they have an interest that though in
compliance with the Municipal Conflict of Interest Act, is nevertheless a
disqualifying interest by virtue of the nature of the relationship between the
Member and other persons or bodies to be affected by the decision.
Treatment of Non-Disqualifying Interests:
a. Members of Council may participate in the decision-making processes
associated with their office when they have a non-disqualifying interest
provided they file at their earliest opportunity a Transparency Disclosure in a
form and manner established by the Town Clerk acting in consultation with
the Integrity Commissioner.
b. Transparency Disclosures are public documents and shall be available for
public viewing on the Town web site.
c. The determination of whether an actual disqualifying interest or an actual non-
disqualifying interest exists, when challenged, is subject to the determination
by the Integrity Commissioner of whether a reasonable person fully informed
of the facts would believe that the Member of Council could not participate
impartially in the decision-making processes related to the matter.
Members of Council should be committed to performing their functions with integrity and
to avoiding the improper use of the influence of their office, and private conflicts of
interest, both apparent and real. Members of Council shall also not extend in the
discharge of their official duties, preferential treatment to Family Members, organizations
or groups in which they or their Family Members have a direct or indirect pecuniary
interest.
Members of Council have a common understanding that in carrying out their duties as a
Member of Council, they will not participate in activities that grant, or appear to grant,
any special consideration, treatment or advantage to a Family Member or an individual
which is not available to every other individual.
Members of Council are governed by the Municipal Conflict of Interest Act (MCIA). The
Integrity Commissioner is empowered to investigate and rule on all conflicts of interest,
whether pecuniary or non-pecuniary, however, until March 1, 2019, in the event an
application under the MCIA is filed with the Court, the provisions of that statute may limit
Schedule “A” to By-law Number 6155-19 Code of Conduct for Members of Council
Town of Aurora Page 6 of 32
any authority given to the Integrity Commissioner to receive or investigate complaints
regarding alleged contraventions under the Municipal Conflict of Interest Act.
Members of Council may seek conflict of interest or other advice, in writing, from the
Integrity Commissioner. Where members choose to seek external legal advice on
conflict of interest or other Code of Conduct issues, these fees will not be reimbursed by
the Town of Aurora and cannot be charged to any office account.
Members may not participate in activities that grant, or appear to grant, any special
consideration, treatment or advantage to a Family Member or an individual which is not
available to every other individual.
When a member, despite the existence of an interest, believes that he or she may still
participate in a matter with an open mind, the public interest is best served when the
Member is able to articulate the interest, and why the interest does not amount to a
disqualifying conflict of interest.
Members must remain at arm’s length when Town staff or Council is asked to consider a
matter involving a Family Member or a person or organization with whom the Member
has a real or apparent conflict of interest.
Members who seek advice from the Integrity Commissioner with respect to the
application of this Rule may rely on the provisions of Part B. "Framework and
Interpretation" (paragraph 3) and the Rule 17, "Acting on Advice of Integrity
Commissioner."
Members of Council shall avoid any interest in any contract made by him/her in an
official capacity and shall not contract with the Town or any agency thereof for the
sale and purchase of supplies, material or equipment or for the rental thereof.
Members of Council, while holding public office, shall not engage in an occupation
or the management of a business that conflicts with their ability to diligently carry out
their role as a Member of Council, and shall not in any case profit directly or
indirectly from such business that does or has contracted with the Town of Aurora.
Members of Council may for example teach, or run a business that does not conflict or
interfere with their duties.
Despite paragraph 7, a Member of Council may hold office or a directorship in an
agency, board, commission or corporation where the Member has been appointed
by Town Council or by the Council of the Regional Municipality of York, or by the
Federal or Provincial Government.
Schedule “A” to By-law Number 6155-19 Code of Conduct for Members of Council
Town of Aurora Page 7 of 32
Despite paragraph 7, a Member of Council may hold office or directorship in a
charitable, service or other not-for-profit corporation subject to the Member
disclosing all material facts to the Integrity Commissioner and obtaining a written
opinion from the Integrity Commissioner approving the activity, as carried out in the
specified manner, which concludes that the Member does not have a conflict
between his/her private interest and public duty. In circumstances where the
Integrity Commissioner has given the Member a qualified opinion, the Member of
Council may remedy the situation in the manner specified by the Integrity
Commissioner.
Examples of exceptions include hospital boards, charitable boards, police services
boards, community foundations, the Association of Municipalities of Ontario, the
Federation of Canadian Municipalities, service clubs such as the Rotary Club, Lions
Club and other not-for-profit organizations. Members should exercise caution if
accepting such positions if the organization could be seeking a benefit or preferential
treatment from the Town at any time.
The legislative obligation is set out in the Municipal Conflict of Interest Act (MCIA). If the
Member of Council, or a family member of the Member of Council, sits on a body which
has a pecuniary interest in a matter before Council (such as an application for grant,
support or other contribution), that Member has a deemed pecuniary interest. The
Member of Council should disclose the interest and should not participate in or vote on
such matter, in compliance with the obligations of s.5, MCIA.
The Code of Conduct captures the broader common law responsibility and requires
members to avoid any possible appearance of favoring organizations or groups on
which the Member’s family members serve.
Family members of Members of Council are not precluded, or even discouraged, from
serving on not-for-profit organizations or other bodies. However, where family members
of Members of Council serve in such a capacity, the Member should declare a conflict of
interest whenever there is a matter for Council consideration in which the not-for-profit
organization or body has a pecuniary interest.
For this reason, the following questions may assist Members in assessing
whether they should be a member of the body, or if their family member is a
member of the body, when a matter may give rise to a conflict:
Is this a corporation created to carry on municipal business on behalf of the Town, or to
which I am appointed because I am a Council appointee? In these cases the Municipal
Conflict of Interest Act, s.4(h) exempts Members from MCIA disclosure/recusal obligations.
If no, is this a body (a board, commission, or corporation) which seeks Town resources
such as space, support, funds?
Schedule “A” to By-law Number 6155-19 Code of Conduct for Members of Council
Town of Aurora Page 8 of 32
If yes, the Member of Council should not serve on the board of directors.
If a family member (spouse, sibling, child) of the Council Member is a member of the
body, then the Member of Council should declare a conflict of interest any time Council
is considering a matter in which the body has a pecuniary interest. In this way, there is
no perception that the Council Member is giving preferential consideration to the body
on which the Member’s family member serves.
Rule No. 2: Gifts, Benefits and Hospitality
In this Rule:
a. “Gift” means money, fee, advance, payment, gift, gift certificate, promise to
pay, property, travel, accommodation, entertainment, hospitality or any other
personal benefit connected directly or indirectly with the performance of a
Member’s duties of office, but excludes:
i. Compensation authorized by law;
ii. Political contributions otherwise reported by law, in the case of
Members running for office;
iii. Services provided by persons volunteering their time;
iv. Contributions of value that are specifically addressed in other
provisions of this Code
v. Gifts provided to the Town of Aurora and which are logged, archived
and/or publicly displayed as such.
b. A Gift provided with the Member’s knowledge to a Family Member or to a
Member’s staff that is connected directly or indirectly to the performance of the
Member’s duties, is deemed to be a Gift to that Member.
c. “Token of Appreciation” means such gifts or benefits that normally accompany the
responsibilities of office and are received as an incident of protocol or social
obligation, or which are a suitable memento of a function honouring the Member.
d. “Official Hospitality” means food, lodging, transportation and entertainment
provided by Provincial, Regional and local governments or political
subdivisions of them, by the Federal government or by a foreign government
within a foreign country or at a conference, seminar or event where the
Member is either speaking or attending in an official capacity at an official
event (such as at meetings of AMO, FCM, or conducted by providers of
continuing education).
e. “Business Hospitality” means food and beverages consumed at banquets,
receptions or similar events, if:
Schedule “A” to By-law Number 6155-19 Code of Conduct for Members of Council
Town of Aurora Page 9 of 32
i. attendance serves a legitimate business purpose;
ii. the person extending the invitation or a representative of the
organization is in attendance; and
iii. the value is reasonable and the invitations infrequent;
f. “Publications” means communication to the offices of a Member, including
subscriptions to newspapers, and periodicals.
No Member shall accept any Gift unless expressly permitted by this Rule.
No Member shall accept any Gift involving the use of property or facilities, such as a
vehicle, office, club membership or vacation property at less than reasonable market
value or at no cost. Notwithstanding this prohibition, with specific approval provided
by Council, a Member may be sponsored to attend educational site visits connected
with an identified project.
Gifts identified in Column B of Table ‘1’ may be accepted by a Member provided the
Gift is disclosed in accordance with the conditions set out in Column ‘C’.
Gift Disclosure, where required, is to be accomplished by filing within 30 days of
receipt of the gift or reaching the annual limit, a Councillor Information Statement in
a form prescribed by the Integrity Commissioner and providing same to the Town
Clerk for posting on the Town’s web site.
Gifts identified in Column B shall not be accepted, without the Integrity
Commissioner’s specific approval, when the conditions set out in Column ‘D’ are
applicable.
In providing advice to a Member about their obligations respecting Gifts, or in
considering any inquiry with respect to a Councillor Information Statement or an
assertion that this Rule has be breached, or in providing consent, where required,
that a Gift may be accepted, the Integrity Commissioner shall determine whether the
receipt of the Gift or might, in the opinion of the Integrity Commissioner, create a
conflict between a private interest and the public duty of the Member. In the event
that the Integrity Commissioner makes that preliminary determination, he/she shall
call upon the Member to justify receipt of the gift or benefit.
Should the Integrity Commissioner determine the receipt of a Gift was inappropriate,
the Integrity Commissioner may direct the Member to return the gift, reimburse the
donor for the value of any gift or benefit already consumed, or the Integrity
Commissioner may order the Member to forfeit the gift or remit the value of any gift or
benefit already consumed to the Town, or a Town agency, board or commission. Any
such direction ordered by the Integrity Commissioner shall be a matter of public record.
Schedule “A” to By-law Number 6155-19 Code of Conduct for Members of Council
Town of Aurora Page 10 of 32
Table ‘1’
Gift Treatment and Disclosure
A B C D
Type of Gift Examples Gift Disclosure
Apparent Value at
which Gift, or the
cumulative value
from one source in
a calendar year is
disclosable
Gift No Longer Allowable
Condition or Actual Value beyond
which gift is not allowable (Value
assessed on basis of single Gift
or cumulative Gift value from one
source in calendar year)
(without IC approval)
Token of
Appreciation
Plaques, Pens,
Mugs, Vase, Event
Photos, and similar
No need to record -
Deemed Zero
Value
Actual Value of a single gift is
over $500
(allowable with IC approval)
Perishable
(includes flowers,
food)
No need to record -
Deemed Zero
Value
Excludes Alcohol with actual
value over $100
Gift to Town Not a ‘Gift’. No
need to record.
Town staff (identify)
to record and take
possession unless
otherwise on public
display. Deemed
Zero Value
N/A
Course of
Business
Publications No need to record -
Deemed Zero
Value
N/A
Art $100 $500
Business Meals $100 $500
Business
Hospitality
$100 $750
More than two Event Tickets
(Golf, Gala, Sporting,
Entertainment) per event
More than one event per year
from the same person or
organization
(allowable with IC approval)
Official Hospitality $500 No limit
Schedule “A” to By-law Number 6155-19 Code of Conduct for Members of Council
Town of Aurora Page 11 of 32
Gifts and benefits are often received by elected officials in the course of their duties and
attendance at public functions is expected and is considered part of their role. Business-
related entertainment and gift-giving can be a token of respect and admiration for the
elected official, but can also be seen as an instrument of influence and manipulation.
The object of this rule is to provide transparency around the receipt of incidental gifts
and benefits and to establish a threshold where the total value could be perceived as
potentially influencing a decision.
The practical problems that nominal gifts and benefits create require a Code of Conduct
that provides clarity and transparency. Personal integrity and sound business practices
require that relationships with developers, vendors, contractors or others doing business
with the Town be such that no Member of Council is perceived as showing favouritism
or bias toward the giver. There will never be a perfect solution.
Members who are members of both Aurora Council and Regional Council will be subject
to both this Rule and the rules in place for the Regional Municipality of York governing
the receipt of gifts, benefits and hospitality. Where a gift, benefit or hospitality offering is
made within the exclusive scope of the Member’s duties as a Member of either
Regional Council or Aurora Council, it will be clear which provision will govern.
However, since business or personal interactions with Members of Council are not
always specific to a discrete matter easily identified as either a Regional or local matter,
in many, if not most circumstances, the Member may be subject to both the provisions
adopted by both municipalities. In such cases the more stringent provision would
govern.
Each Member of Council is individually accountable to the public and is encouraged to
keep a list of all gifts and benefits received from individuals, firms or associations, with
estimated values, in their offices for review by the Integrity Commissioner in the event of
a complaint.
Use of real estate or significant assets or facilities (i.e., a vehicle, office, vacation
property or club membership) at a reduced rate or at no cost is not an acceptable gift or
benefit. The purpose of the Code is not to prohibit Members from accepting all
invitations to socialize at a vacation property with personal friends at their vacation
property, provided the Gift is disclosed in accordance with this Rule.
Proper caution and diligence must however be exercised when a social function occurs
within close proximity to the individual having an issue before Town Council or staff for
approval. It is always prudent to consult with the Integrity Commissioner before
accepting or attending at any such engagements. Any doubts about the propriety of a
gift should be resolved in favour of not accepting it or not keeping it. It may be helpful to
consult with the Integrity Commissioner when a Member chooses to decline a gift as
well as when a recipient may opt to keep a gift.
Schedule “A” to By-law Number 6155-19 Code of Conduct for Members of Council
Town of Aurora Page 12 of 32
An invitation to attend a function with a developer or supplier could be seen as allowing
the giver an opportunity to influence the elected official. Such invitations should only be
accepted if the invitation is within the scope of permissible gifts and benefits, meaning
that Members should not consistently accept invitations from the same individual or
corporation and should avoid any appearance of favouritism.
For clarification, an invitation to an event celebrating the successful completion of a
development or project or the opening of a new business within the Member’s ward on
the other hand could serve a legitimate business purpose and be seen as part of the
responsibilities of office provided the person extending the invitation or that person’s
representative is in attendance.
An invitation to attend a charity golf tournament or fund-raising gala, provided the
Member of Council is not consistently attending such events as a guest of the same
individual or corporation, is also part of the responsibilities of holding public office.
Likewise, accepting invitations to professional sports events, concerts or dinners may
serve a legitimate business purpose. Where a Member is uncertain in regards to
whether an invitation is or is not appropriate, it may be prudent to consult with the
Integrity Commissioner before attending any such event.
Regular invitations to lunch or dinner with persons who are considered friends of
Members of Council is acceptable in situations where the Member pays their portion of
the meal expense and treats it as a personal expense, meaning a claim is not made
under the Corporate, Travel & Auto Expenses policy. Proper caution and diligence not to
discuss matters before the Town for a decision must be exercised at all times. When in
doubt it is prudent to consult with the Integrity Commissioner.
Rule No. 3: Member’s Expenses
There are a range of expenses that support a Member’s role in community development
and engagement activities. For federal and provincial elected officials, these expenses
are often paid for by Riding Association funds. Municipal elected officials do not have
this benefit. Members should refer to either the Corporate, Travel & Auto Expenses
policy or the Compensation and Support for Members of Council policy for guidance of
expenses eligible for reimbursement.
As community leaders, Members may lend their support to and encourage
community donations to registered charitable, not-for-profit and other community-
based groups. Monies raised through fundraising efforts shall go directly to the
groups or volunteers or chapters acting as local organizers of the group and
Members of Council should not handle any funds on behalf of such organizations.
Schedule “A” to By-law Number 6155-19 Code of Conduct for Members of Council
Town of Aurora Page 13 of 32
Members of Council routinely perform important work in supporting charitable
causes and in so doing, there is a need for transparency respecting the Member’s
involvement. The following guidelines shall apply:
a. Members of Council should not directly or indirectly manage or control any
monies received relating to community or charitable organizations fundraising;
b. Members of Council or persons acting on behalf of a Member shall not solicit
or accept support in any form from an individual, group or corporation, with any
pending significant planning, conversion or demolition variance application or
procurement proposal before Town Council, which the Member knew or ought
to have known about.
c. With reference to member-organized community events, Members of Council
must report to the Integrity Commissioner, the names of all donors and the
value of their donation that supplement the event.
d. Where a Member of Council sponsors and/or lends support to a community or
charitable event, this Code recognizes that all donations are subject to the
Compensation and Support for Members of Council policy.
e. No donation cheques should be made payable to a Member of Council or to
the Town of Aurora. Members of Council may only accept donation cheques
made payable to a Business Improvement Association, charity or community
group and only for the purpose of passing the cheques on to such group.
f. Members of Council should not handle any cash on behalf of any charitable
organization, not-for-profit or community group, and should always remain at
arm’s length from the financial aspects of these community and external
events. If a Member of Council agrees to fundraise on behalf of a charity or
community group, the Member should ensure that payment is received by a
means that does not involve cash, including bank draft, money order, credit
card or cheque made payable to the applicable group or organization.
Nothing included herein affects the entitlement of a Member of Council to:
a. urge constituents, businesses or other groups to support community events
and advance the needs of a charitable organization put on by others in the
Town;
b. play an advisory ex officio or honorary role in any charitable or non- profit
organization that holds community events in the Town; and
c. collaborate with the Town of Aurora and its agencies, boards or commissions
to hold community events.
Schedule “A” to By-law Number 6155-19 Code of Conduct for Members of Council
Town of Aurora Page 14 of 32
By virtue of the office, Members of Council will be called upon to assist various charities,
service clubs and other non-profits as well as community associations, by accepting an
honorary role in the organization, lending their name or support to it or assisting in
fundraising. Transparency and accountability are best achieved in today’s era by
encouraging contributors to make donations to such organizations online through a
website or where that is not possible through a cheque made payable directly to the
organization. Cash should never be accepted.
Rule No. 4: Confidential Information
No Member shall disclose the content of any such matter, or the substance of
deliberations, of the in-camera meeting until the Council or Committee discusses the
information at a meeting that is open to the public or releases the information to the
public.
No Member shall disclose or release by any means to any member of the public,
any confidential information acquired by virtue of their office, in either oral or written
form, except where required by law or authorized by Council to do so.
No Member shall use confidential information for personal or private gain, or for the
gain of relatives or any person or corporation.
No Member should directly or indirectly benefit, or aid others to benefit, from
knowledge respecting bidding on the sale of Town property or assets.
Members of Council should not access or attempt to gain access to confidential
information in the custody of the Town unless it is necessary for the performance of
their duties and is not prohibited by Council policy.
Confidential Information includes information in the possession of, or received in
confidence by, the Town of Aurora that the Town is either prohibited from disclosing, or
is required to refuse to disclose, under the Municipal Freedom of Information and
Protection of Privacy Act (“MFIPPA”), or any other legislation.
MFIPPA restricts or prohibits disclosure of information received in confidence from third
parties of a corporate, commercial, scientific or technical nature, information that is
personal, and information that is subject to solicitor-client privilege.
The Municipal Act, 2001 allows information that concerns personnel, labour relations,
litigation, property acquisitions and security of the property of the Town or a local board,
and matters authorized in other legislation including MFIPPA, to remain confidential. For
the purposes of the Code of Conduct, “confidential information” includes this type of
information.
Schedule “A” to By-law Number 6155-19 Code of Conduct for Members of Council
Town of Aurora Page 15 of 32
As elected officials, Members of Council will receive highly sensitive and confidential
information concerning residents who need their assistance. This is consistent with the
nature of the Members’ duties. In accordance with the Records and Information
Management Policy, Councillor constituency records are at all times under the control of
the Member and are not subject to any municipal disclosure requirements.
Under the Council Procedure By-law, a matter that has been discussed at an in-camera
(closed) meeting remains confidential, until such time as a condition renders the matter
public. The following are examples of the types of information that a Member of Council
must keep confidential:
• items under litigation, negotiation, or personnel matters;
• information that infringes on the rights of others (e.g. sources of complaints where
the identity of a complainant is given in confidence);
• price schedules in contract tender or request for proposal submissions if so
specified;
• information deemed to be “personal information” under the Municipal Conflict of
Interest Act; and
• statistical data required by law not to be released (e.g. certain census or assessment
data)
Where it is clear that a communication was not made in a confidential manner (i.e.
copied to others, or made in the presence of others) or the manner of communication
undermines the validity of labelling it “Confidential”, such communication will not be
given any higher level of confidentiality than any other communication. The words
“Privileged”, “Confidential” or “Private” will not be understood to preclude the appropriate
sharing of the communication for the limited purpose of reviewing, responding or looking
into the subject matter of the communication.
Rule No. 5: Use of Town Resources
No Member shall use for personal purposes any Town staff services, property,
equipment, services, supplies, websites, webboards, or other Town-owned
materials, other than for purposes connected with the discharge of Town duties.
No Member shall obtain personal financial gain from the use or sale of Town
developed intellectual property (for example, inventions, creative writings and
drawings), computer programs, technical innovations or any other item capable of
being patented. Members acknowledge and do not dispute that all such property
remains exclusively that of the Town of Aurora.
No Member shall use information gained in the execution of his or her duties that is
not available to the general public, for any purposes other than his/her official duties.
Schedule “A” to By-law Number 6155-19 Code of Conduct for Members of Council
Town of Aurora Page 16 of 32
Members, by virtue of their position, have access to a wide variety of property,
equipment, services and supplies to assist them in the conduct of their Town duties as
public officials.
While most of this property is provided within the confines of their office, much of it is
transportable or may be provided for home use, given the nature of the demands placed
on Members in carrying out their duties and in recognition of the fact that the Town does
not provide constituency offices to Members of Council. Members are held to a higher
standard of behaviour and conduct and therefore should not use such property for any
purpose other than for carrying out their official duties. For clarity, this Rule is intended
to prohibit the use of Town resources for purposes such as running a home business. It
is not intended to prohibit occasional personal use, but it should be subject to practical
limitations.
Careful attention should be given to the provisions of the Town’s Compensation and
Support for Members of Council policy and the Corporate, Travel & Auto Expenses
policy which identifies approvable allowable expenses. During election campaigns,
the provisions of Rules 6 and 7 will apply.
No Member shall use the services of Town staff, or make requests for document or
information from Town staff, unless such information is required for the purpose of
carrying out their duties as public officials.
No Member shall include in his or her website, newsletters, E-mails or other printed
material, advertising of businesses in the Town, including the distribution of gift
certificates, free tickets and compiling a list of businesses located in a ward.
Attending and reporting the opening of a new business or a business event in the
Town is permissible and a Member may thank verbally or in a newsletter, a
business by name or an employee of that business, which contributes to a Town or
ward event provided that no such recognition shall constitute an endorsement of
such business.
Rule No. 6: Election Campaigns
Members are required to follow the provisions of the Municipal Elections Act, 1996
and Members are accountable under the provisions of that statute.
No Member shall use the facilities, equipment, supplies, services, staff or other
resources of the Town (including Councillor newsletters, individual websites linked
through the Town ’s website and social media accounts used for ward
communication) for any election campaign or campaign-related activities and all
such sites shall not use the Town of Aurora logo.
Schedule “A” to By-law Number 6155-19 Code of Conduct for Members of Council
Town of Aurora Page 17 of 32
If a member of Council uses any social media account for campaign purposes, such
account must not be created or supported by Town resources or use the Town logo.
Social media accounts used for campaign purposes must utilize personal cell
phones, tablets and/or computers.
To avoid confusion with any website or social media accounts used for Council
Member work, Council members who choose to create or use social media
accounts for campaign communications must include, for the duration of the
campaign, a clear statement on each campaign website or social media account’s
home page indicating that the account is being used for election campaign
purposes.
Despite the foregoing, Members are allowed to place campaign phone numbers,
websites and email addresses on the election pages on the Town’s website, which
is available and authorized for use by all candidates for municipal and school board
office.
In a municipal election year, commencing Nomination Day until the date of the
election, Members may not publish Councillor newsletters or distribute them in
municipal facilities. All newsletters distributed through the mail must be post-
marked by no later than Nomination Day in an election year. Members of Council
may, during such period, use Town facilities to communicate important notifications
to the residents of their ward by email in normal Outlook format or by letter on the
Councillor’s stationery.
In a municipal election year, commencing on Nomination Day until the date of the
election, no candidate including Members, may directly or indirectly, book any
municipal facility for any purpose that might be perceived as an election campaign
purpose.
Members shall be respectful of the role of the Town Clerk in managing the municipal
election process and meeting all statutory requirements in respect thereof. The
Town Clerk must ensure all candidates are treated equally and no candidate for
elected office should interfere with how the Clerk carries out these duties.
Staff should not interpret or provide advice to Members regarding the requirements
placed on candidates for municipal office.
The restriction on booking facilities ensures that election-related functions, or those that
could appear to be election-related, will not occur at any time there is an advance or
regular poll at the facility. The need to set up in advance means that election night
parties cannot be held in the same facilities that polling stations are located in.
Members should not authorize any event that could be perceived as the Town providing
Schedule “A” to By-law Number 6155-19 Code of Conduct for Members of Council
Town of Aurora Page 18 of 32
them with an advantage over other candidates. It is the personal responsibility of
Members to ensure that any use of facilities or the services of municipal staff are carried
out in accordance with applicable legislation. Staff are not responsible for monitoring
and advising Members or any other candidates, in this regard.
The Municipal Elections Act, 1996 clearly states that it is the responsibility of the Town
Clerk to conduct the election and take all necessary actions to ensure municipal
elections meet all statutory requirements.
No Members shall use the services of persons for campaign related Activities during
hours in which those persons receive any compensation from the Town.
The Integrity Commissioner may at any time be consulted with regard to complying
with any part of Rule 6 and in particular may rule on whether any activity by staff in a
Councillor’s office during an election year is prohibited election work or permitted
activity sufficiently unrelated to the election.
Rule No. 7: Improper Use of Influence
No member shall use the influence of his or her office for any purpose other than for
the exercise of his/her official duties.
Members shall not contact members of any tribunal regarding any matter before it,
such as the Committee of Adjustment, which is charged with making independent
decisions and whose members have been appointed by Council. Members may with
prior written notice to the Committee of Adjustment Secretary/Treasurer,
infrequently attend meetings to provide the Committee of Adjustment with history
and context of an application before the committee. Members may send a letter or
E-mail addressed to the Secretary of such tribunal expressing the views of the
member on behalf of the community.
If Council has taken a position in an Ontario Municipal Board/Local Planning Appeal
Tribunal (“OMB/LPAT”) matter and instructed the Town Solicitor to appear at a
hearing in support of such position, no member of Council who disagrees with such
position, shall give evidence at such hearing or otherwise work against the will of
Council in such matter. With the consent of the lawyer assigned to represent the
Town at an OMB/LPAT hearing, a member of Council who is in support of the
Council instructions to such lawyer, may give evidence at an OMB/LPAT hearing.
Notwithstanding the above, if the OMB/LPAT has decided to mediate a dispute
between parties in a matter, any member of Council may offer his or her services to
assist with such mediation regardless of his or her position in the matter and
participate, if approved by the OMB/LPAT mediator.
Schedule “A” to By-law Number 6155-19 Code of Conduct for Members of Council
Town of Aurora Page 19 of 32
Examples of prohibited conduct are the use of one’s status as a Member of Council to
improperly influence the decision of another person to the private advantage of oneself,
or one’s Family Member, or friends. This would include attempts to secure preferential
treatment beyond activities in which Members normally engage on behalf of their
constituents as part of their official duties. Also prohibited is the holding out of the
prospect or promise of a future advantage through a Member’s supposed influence
within Council in return for present actions or inaction.
Contact with members of tribunals appointed by Council on any case might be viewed
as attempts to intimidate the tribunal member. Generally, members of Council should
not take part in the proceedings of any other tribunal where the Town is a party unless
such participation is approved by the Integrity Commissioner.
Pursuant to corporate policy, the Chief Administrative Officer directs Town Directors
who in turn direct Town staff. Town Council and not individual Members of Council
appropriately give direction to the Town administration.
Rule No. 8: Business Relations
No Member shall allow the prospect of his/her future employment by a person or
entity to affect the performance of his/her duties to the Town, detrimentally or
otherwise.
No Member shall borrow money from any person who regularly does business with
the Town unless such person is an institution or company whose shares are publicly
traded and who is regularly in the business of lending money, such as a credit
union.
No Member shall act as a paid agent before Council or a committee of Council or
any agency, board or committee of the Town.
No Member shall refer a third party to a person, partnership or corporation in
exchange for payment or other personal benefit.
Rule No. 9: Member Conduct
Conduct at Council and Committee Meetings:
Members shall conduct themselves at Council and committee meetings with
decorum in accordance with the provisions of the Council Procedure By-law.
Members shall endeavour to conduct and convey Council business and all their
duties in an open and transparent manner (other than for those decisions which by
virtue of legislation are authorized to be dealt with in a confidential manner in closed
Schedule “A” to By-law Number 6155-19 Code of Conduct for Members of Council
Town of Aurora Page 20 of 32
session), and in so doing, allow the public to view the process and rationale which
was used to reach decisions and the reasons for taking certain actions.
Members recognize the importance of cooperation and strive to create an atmosphere
during Council and committee meetings that is conducive to solving the issues before
Council, listening to various points of view and using respectful language and behaviour
in relation to all of those in attendance.
Various statutes, the Council Procedure By-law and decisions by courts and quasi-
judicial tribunals and the Information and Privacy Commission, establish when Town
Council can discuss issues in closed session. Transparency requires that Council apply
these rules narrowly so as to best ensure that decisions are held in public session as
often as possible.
Unless prohibited by law, Members should clearly identify to the public how a decision
was reached and the rationale for so doing.
Members shall make every effort to participate diligently in the activities of the
committees, agencies, boards, commissions and advisory committees to which they
are appointed by the Town or by virtue of being an elected official.
Individual Members are appointed to committees, agencies, boards and commissions
based on their various backgrounds and their ability to contribute to matters before
them, bringing their expertise and experience. Members shall not be absent from
Council or committee meetings, or from those of agencies, boards and commissions to
which they are appointed without reasonable justification (for example, illness of the
Member, family circumstance, Regional business) for more than three consecutive
scheduled meetings or on a regular basis.
Members shall conduct themselves with appropriate decorum at all times.
As leaders in the community, Members are held to a higher standard of behaviour and
conduct, and accordingly their behaviour should be exemplary.
Rule No. 10: Media Communications
Members of Council will accurately communicate the decisions of Aurora Council,
even if they disagree with the majority decision of Council, and by so doing affirm
the respect for and integrity in the decision-making processes of Council.
Members of Council will keep confidential information confidential, until such time as
the matter can properly be made public.
Schedule “A” to By-law Number 6155-19 Code of Conduct for Members of Council
Town of Aurora Page 21 of 32
In all media communications, including social media, members will treat each other,
staff and members of the public with decorum, dignity and respect, and shall avoid
messaging that amounts to abuse, bullying or intimidation.
A Member may state that he/she did not support a decision, or voted against the
decision. A Member should refrain from making disparaging comments about other
Members of Council or about Council’s processes and decisions.
When communicating with the media, a Member should at all times refrain from
speculating or reflecting upon the motives of other Members in respect of their actions
as a Member of Council.
While openness in government is critical, governments also must respect confidentiality
when a matter must remain, at least for a period of time, confidential. Breaches of
confidentiality by Members erodes public confidence.
While Members are encouraged to actively participate in vigorous debate, Members
should understand that they are part of a democratically-elected representative body
and should not engage in social media as if they are outsiders. In this regard, caution
should be exercised when blogging, posting, tweeting, re-posting and linking to posts
using social media, whether the member is using a personal account or a Town
account.
Members who post blogs should recognize that the Canadian Association of Journalists
has identified the ethical conflict faced by journalists holding elected public office. It is
recognized that there is an irreconcilable conflict in holding both roles.
While social media can be an excellent tool for communicating quickly with constituents
and sharing ideas and obtaining input, social media can breed incivility that generally is
avoided in face-to-face interactions. In a world where a transitory comment can become
part of the permanent record, Members should exercise restraint in reacting too quickly,
or promoting the social media posts of others whose views may be disparaging of
Council’s decisions or another Member’s perspectives.
Rule No. 11: Respect for Town By-laws and Policies
Members shall encourage public respect for the Town and its by-laws.
Members shall adhere to such by-laws, policies and procedures adopted by Council
that are applicable to them.
A Councillor must not encourage disobedience of a Town by-law in responding to a
member of the public, as this undermines confidence in the Town and in the Rule of Law.
Schedule “A” to By-law Number 6155-19 Code of Conduct for Members of Council
Town of Aurora Page 22 of 32
Members of Council are required to observe the policies and procedures established by
Town Council at all times, and are directed to pay special attention to, and comply
strictly with, the Council Procedure By-law and both the Corporate, Travel & Auto
Expenses policy and the Compensation and Support for Members of Council. In
exceptional circumstances, a Member may request Council grant an exemption from
any policy.
Rule No. 12: Respectful Workplace
Members are governed by the Town’s Violence and Harassment Free Workplace
polices. All Members have a duty to treat members of the public, one another and
staff appropriately and without abuse, bullying or intimidation and to ensure that their
work environment is free from discrimination and harassment.
All complaints received involving members of Council under the Violence and
Harassment Free Workplace polices shall be referred to the Integrity Commissioner
for processing in accordance with both the said policy and the Council Code of
Conduct Complaints Protocol.
The Ontario Human Rights Code applies in addition to the Violence and Harassment
Free Workplace polices.
It is the policy of the Town of Aurora that all persons be treated fairly in the workplace in
an environment free of discrimination or personal and sexual harassment.
The Town of Aurora’s Violence and Harassment Free Workplace polices ensures a safe
and respectful workplace environment and provides for the appropriate management of
any occurrences of harassment and discrimination as those terms are defined in the
policy.
The Town of Aurora’s Violence and Harassment Free Workplace polices applies equally
to members of staff and Members of Council. It will provide guidance to the Integrity
Commissioner when a complaint is received involving a Member.
Rule No. 13: Conduct Respecting Staff
No Member shall compel staff to engage in partisan political activities or be
subjected to threats or discrimination for refusing to engage in such activities.
No Member shall use, or attempt to use, their authority for the purpose of
intimidating, threatening, coercing, commanding or influencing any staff member
with the intent of interfering in staff’s duties, including the duty to disclose improper
activity.
Schedule “A” to By-law Number 6155-19 Code of Conduct for Members of Council
Town of Aurora Page 23 of 32
Members shall be respectful of the role of staff to advise based on political neutrality
and objectivity and without undue influence from any individual Member or faction of
the Council.
No Member shall maliciously or falsely impugn or injure the professional or ethical
reputation or the prospects or practice of staff, and all Members shall show respect
for the professional capacities of the staff of the Town.
Under the direction of the Chief Administrative Officer, staff serve the Council as a
whole, and the combined interests of all Members as evidenced through the decisions of
Council. Only Council as a whole has the authority to approve budget, policy, committee
processes and other matters.
Accordingly, Members shall direct requests outside of Council-approved budget,
process or policy, to the Budget Committee or directly to Council.
In practical terms, there are distinct and specialized roles carried out by Council as a
whole and by Councillors when performing their other roles. The key requirements of
these roles include dealing with constituents and the general public, participating as
standing committee members and as chairs of standing committees, and participating
as Council representatives on agencies, boards, commissions and other bodies.
Similarly, there are distinct and specialized roles expected of Town staff in both the
carrying out of their responsibilities and in dealing with the Council. Staff are expected
to provide information to Members to which they are entitled.
Town staff are accountable to the Chief Administrative Officer who is accountable to
Town Council. Sometimes the line between staff duties and activities that are political in
nature is not clear. Members of Council must respect the difference between the two in
making requests of staff.
Members of Council should expect a high quality of advice from staff based on political
neutrality and objectivity irrespective of party politics, the loyalty of persons in power, or
their personal opinions.
The Town’s Violence and Harassment Free Workplace polices applies to Members of
Council. Staff and Members of Council are all entitled to be treated with respect and
dignity in the workplace.
It is inappropriate for a Member to attempt to influence staff to circumvent normal
processes in a matter, or overlook deficiencies in a file or application. It is also
inappropriate for Members to involve themselves in matters of administration or
departmental management which fall within the jurisdiction of the Chief Administrative
Officer. Any such attempts should be reported to the Integrity Commissioner.
Schedule “A” to By-law Number 6155-19 Code of Conduct for Members of Council
Town of Aurora Page 24 of 32
Rule No. 14: Employment of Council Relatives/Family Members
No Member shall attempt to influence the outcome, or to influence any Town
employee to hire or promote a Family Member.
No Members shall make any decision or participate in the process to hire, transfer,
promote, demote, discipline or terminate any Family Member.
No Member shall supervise a Family Member, or be placed in a position of influence
over a Family Member.
No Member shall attempt to use a family relationship for his or her personal benefit
or gain.
Every Member shall adhere to the Town’s Staff Recruitment and Selection policy
If a Family Member of a Councillor is an applicant for employment with the Town or is a
candidate for promotion or transfer, the Family Member will proceed through the usual
selection process pursuant to the Town’s hiring policies, with no special consideration.
Rule No. 15: Not Undermine, Work Against Council’s Decisions
Members of Council shall not actively undermine the implementation of Council’s
decisions.
The role of elected officials, once a council decision is made, is to support the
implementation of that decision, not to work against its implementation, publicly or
behind the scenes. Council decisions are arrived at following discussion and debate,
reflecting the democratic process. Members are expected to engage in debate with
their fellow council members through the democratic process of government. However,
once Council has made its decision, Members must recognize that decision as the duly-
considered decision of the body of Council. As members of that body of Council,
individual members—those who did not agree with the decision—are not to engage in
activities that seek to challenge or undermine that decision.
Members can express disagreement with Council’s decisions, but it is contrary to the
ethical behaviour of members of Council to actively seek to undermine, challenge or
work against Council’s decisions.
Members of Council shall not engage in litigation or other legal challenges against
the municipality or Council’s decisions.
Despite this provision, Members may pursue a complaint or request for investigation
under any of the oversight, transparency and accountability mechanisms provided
Schedule “A” to By-law Number 6155-19 Code of Conduct for Members of Council
Town of Aurora Page 25 of 32
under Part V.1 and under section 239 of the Municipal Act.
When members are allowed to participate in activities to challenge Council’s properly
considered decisions, such as legal challenges or other forms of litigation, this is
contrary to the interests of the municipality as determined by the decision of the
democratically elected governing body, Council. It can create challenges to staff as to
when and how much information can be provided to Council (legal advice for example)
because of the presence of a legal challenge, which may benefit by ‘insider knowledge’.
Despite this Rule, Members of Council may seek to have a Council decision
reconsidered in accordance with Council’s Procedure By-law.
Rule No. 16: Reprisals and Obstruction
It is a violation of the Code of Conduct to obstruct the Integrity Commissioner in the
carrying out of his/her responsibilities.
No Member shall threaten or undertake any active reprisal against a person
initiating an inquiry or complaint under the Code of Conduct, or against a person
who provides information to the Integrity Commissioner in any investigation.
It is a violation of the Code of Conduct to destroy documents or erase electronic
communications or refuse to respond to the Integrity Commissioner where a formal
complaint has been lodged under the Code of Conduct.
Rule No. 17: Acting on Advice of Integrity Commissioner
Any written advice given by the Integrity Commissioner to a Member binds the
Integrity Commissioner in any subsequent consideration of the conduct of the
Member in the same matter, as long as all the relevant facts were disclosed to the
Integrity Commissioner, and the Member adhered to the advice given.
Rule No. 18: Implementation
Members are expected to formally and informally review their adherence to the
Code on a regular basis or when so requested by Council.
At the beginning of each term, Members will be expected to meet with the Integrity
Commissioner.
Members are expected to understand the obligations on elected officials set out in this
Code of Conduct, and are encouraged to contact the Integrity Commissioner for any
clarification required. A Code of Conduct component will be included as part of the
orientation for each new term of Council. April 2018
Schedule “A” to By-law Number 6155-19 Code of Conduct for Members of Council
Town of Aurora Page 26 of 32
Council Code of Conduct Complaint Protocol
Part A: Informal Complaint Procedure
Any person or representative of an organization who has identified or witnessed
behaviour or an activity by a member of Council that they believe is in contravention of
the Council Code of Conduct (the “Code”) may wish to address the prohibited
behaviour or activity themselves as follows:
Advise the member that the behaviour or activity contravenes the Code;
Encourage the member to stop the prohibited behaviour or activity;
Keep a written record of the incidents including dates, times, locations, other
persons present, and any other relevant information;
If applicable, confirm to the member your satisfaction with the response of the
member; or, if applicable, advise the member of your dissatisfaction with the
response; and
Consider the need to pursue the matter in accordance with the formal complaint
procedure outlined in Part B, or in accordance with another applicable judicial or
quasi-judicial process or complaint procedure.
All persons and organizations are encouraged to initially pursue this informal complaint
procedure as a means of stopping and remedying a behaviour or activity that is
prohibited by the Code. With the consent of the complaining individual or organization
and the member, the Integrity Commissioner may be part of any informal process.
However, it is not a precondition or a prerequisite that those complaining must pursue the
informal complaint procedure before pursuing the Formal Complaint Procedure in Part B.
Part B: Formal Complaint Procedure
Initial Complaint
1.1. A request for an investigation of a complaint that a member has contravened the
Code of Conduct (the “complaint”) shall be sent directly to the Integrity
Commissioner by E-mail substantially in the form attached to this Protocol as
Schedule “A”.
1.2. All complaints shall be submitted by an identifiable individual (which includes the
authorized signing officer of an organization).
Schedule “A” to By-law Number 6155-19 Code of Conduct for Members of Council
Town of Aurora Page 27 of 32
1.3. A complaint shall set out reasonable and probable grounds for the allegation that
the member has contravened the Code. The complaint should include the name of
the member, the provision of the Code allegedly contravened, facts constituting the
alleged contravention, the names and contact information of witnesses, and
contact information for the complainant during normal business hours.
1.4. Election Blackout Period:
No investigation shall be commenced or continued, nor shall the Integrity
Commissioner report to Council respecting an investigation, within the election
period described within s.223.4 and 223.4.1 of the Municipal Act, except as
described in those sections.
1.5. Transitional Provision:
For the purposes of the October 2018 regular municipal election, this provision of
the Protocol shall be interpreted as if the provisions of s.223.4 and 223.4.1 as
amended were already in force.
Classification by Integrity Commissioner
2.1. Upon receipt of the request, the Integrity Commissioner shall make an initial
classification to determine if the matter is, on its face, a complaint with respect to
non-compliance with the Code and not covered by other legislation, a
complaint with respect to the Municipal Conflict of Interest Act or other relevant
Council policies.
2.2. If the complaint, on its face, is not a complaint with respect to non-compliance with
the Code or another Council policy governing ethical behaviour or the Municipal
Conflict of Interest Act, or if the complaint is covered by other legislation, the
Integrity Commissioner shall advise the complainant in writing as follows:
(a) if the complaint on its face is an allegation of a criminal nature consistent with
the Criminal Code of Canada, the complainant shall be advised that if the
complainant wishes to pursue any such allegation, the complainant must
pursue it with the appropriate police force;
(b) if the complaint on its face is with respect to non- compliance with the
Municipal Freedom of Information and Protection of Privacy Act, the
complainant shall be advised that the matter will be referred for review to the
Town Clerk; and
Schedule “A” to By-law Number 6155-19 Code of Conduct for Members of Council
Town of Aurora Page 28 of 32
(c) the complainant shall be advised that the matter, or part of the matter, is not
within the jurisdiction of the Integrity Commissioner to process, with any
additional reasons and referrals as the Integrity Commissioner considers
appropriate. The Integrity Commissioner may proceed with that part of the
complaint that is within jurisdiction.
2.3. The Integrity Commissioner may assist the complainant in restating, narrowing or
clarifying the complaint so that the public interest will be best served were the
complaint to be pursued.
2.4. The Integrity Commissioner may report to Council that a specific complaint is not
within the jurisdiction of the Integrity Commissioner.
2.5. The Integrity Commissioner shall report annually to Council on complaints not
within the jurisdiction of the Integrity Commissioner, but, where possible, shall not
disclose information that could identify a person concerned.
Investigation
3.1. The Integrity Commissioner is responsible for performing the duties set out in this
Protocol independently and shall report directly to Council in respect of all such
matters. In applying this Protocol, the Integrity Commissioner shall retain the
discretion to conduct investigations applying the principles of procedural fairness,
and any deviation from the provisions of this Protocol for that purpose shall not
invalidate the investigation or result in the Integrity Commissioner losing
jurisdiction.
3.2. If the Integrity Commissioner is of the opinion that a complaint is frivolous,
vexatious or not made in good faith, or that there are no grounds or insufficient
grounds for an investigation, or that the pursuit of the investigation would not, in
the opinion of the Integrity Commissioner be in the public interest, the Integrity
Commissioner shall not conduct an investigation, or, where that becomes
apparent in the course of an investigation, terminate the investigation.
3.3. The Integrity Commissioner shall file an annual report to Town Council respecting
the advice, education and investigations carried out in the previous year, and
developments or recommendations of significance related to the role of the
Integrity Commissioner. Other than in exceptional circumstances, the Integrity
Commissioner will not report to Council on any complaint described in subsection
(2) except as part of an annual or other periodic report.
3.4. Where the Integrity Commissioner rejects or terminates an investigation pursuant
to this section, reasons shall be provided.
Schedule “A” to By-law Number 6155-19 Code of Conduct for Members of Council
Town of Aurora Page 29 of 32
4.1. If a complaint has been classified as being within the Integrity Commissioner’s
jurisdiction and not rejected under section 3, the Commissioner shall investigate
and may attempt to settle the complaint.
4.2. The Integrity Commissioner may in exceptional circumstances elect to exercise the
powers of a Commission under Parts I and II of the Public Inquiries Act, as
contemplated by Subsection 223.4(2) of the Act.
If the Integrity Commissioner elects to conduct an inquiry under the Public Inquiries Act,
he/she shall report to Council before proceeding, setting out the reasons for the
investigation, and providing an estimate of the expected cost and time that the
investigation will require, and providing an opportunity for Council to respond to the
reasonableness of the expenditure of public funds for the purpose of such Commission.
4.3. When the Public Inquiries Act applies to an investigation of a complaint, the
Integrity Commissioner shall comply with the procedures specified in that Act and
this Complaint Protocol, but, if there is a conflict between a provision of the
Complaint Protocol and a provision of the Public Inquiries Act, the provision of the
Public Inquiries Act prevails.
5.1. The Integrity Commissioner will proceed as follows, except where otherwise
required by the Public Inquiries Act and/or in the context of a particular situation,
the principles of procedural fairness:
(a) provide the complaint and supporting material to the member whose conduct
is in question and provide the member with a reasonable opportunity to
respond.
5.2. Except where the Integrity Commissioner determines that it is not in the public
interest to do so, the name of the complainant shall be provided as part of the
complaint documents.
5.3. If necessary, after reviewing the written materials, the Integrity Commissioner may
speak to anyone relevant to the complaint, access and examine any of the
information described in subsections 223.4(3) and (4) of the Municipal Act, and
may enter any Town work location relevant to the complaint for the purposes of
investigation and settlement.
5.4. 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 has had reasonable
notice of the basis for and an opportunity to comment on the proposed findings.
Schedule “A” to By-law Number 6155-19 Code of Conduct for Members of Council
Town of Aurora Page 30 of 32
5.5. The Integrity Commissioner may make interim reports to Council where necessary
and as required to address any instances of interference, obstruction or retaliation
encountered during the investigation.
6.1. The Integrity Commissioner shall report to the complainant and the member
generally no later than 90 days after the making of the complaint.
6.2. Where the complaint is sustained in whole or in part, the Integrity Commissioner
shall also report to Council outlining the findings, the terms of any settlement, or
recommended corrective action.
6.3. Where the complaint is dismissed, other than in exceptional circumstances, the
Integrity Commissioner shall not report to Council except as part of an annual or
other periodic report.
6.4. Any recommended corrective action must be permitted in law and shall be
designed to ensure that the inappropriate behaviour or activity does not continue.
7.1 If the Integrity Commissioner determines that there has been no contravention of
the Code of Conduct or that a contravention occurred although the member took
all reasonable measures to prevent it, or that a contravention occurred that was
trivial or committed through inadvertence or an error of judgement made in good
faith, the Integrity Commissioner shall so state in the report and shall recommend
that no penalty be imposed.
8.1 The Town Clerk shall process the report for the next meeting of Council.
Council Review
9.1. Council shall consider and respond to the report within 90 days after the day the
report is laid before it.
9.2. In responding to the report, Council may vary a recommendation that imposes a
penalty, subject to Section 223.4, subsection (5) of the Municipal Act, but shall not
refer the recommendation other than back to the Integrity Commissioner.
9.3. Council can terminate the Integrity Commissioner only by a two-thirds vote of all
members.
9.4. Upon receipt of recommendations from the Integrity Commissioner, Council may, in
circumstances where the Integrity Commissioner has determined there has been a
violation of the Code of Conduct, impose either of two penalties:
Schedule “A” to By-law Number 6155-19 Code of Conduct for Members of Council
Town of Aurora Page 31 of 32
(a) a reprimand; or
(b) suspension of the remuneration paid to the Member in respect of his/her
services as a Member of Council or a local board, as the case may be, for a
period of up to 90 days, and may also take the following actions:
(c) removal from membership of a committee;
(d) removal as chair of a committee;
(e) repayment or reimbursement of monies received; or
(f) return of property or reimbursement of its value.
Confidentiality
10.1. A complaint will be processed in compliance with the confidentiality requirements
in sections 223.5 and 223.6 of the Municipal Act, which are summarized in the
following subsections.
10.2. The Integrity Commissioner and every person acting under her or his instructions
shall preserve secrecy with respect to all matters that come to his or her
knowledge in the course of any investigation except as required by law in a
criminal proceeding.
10.3. All reports from the Integrity Commissioner to Council will be made available to
the public.
10.4. Any references by the Integrity Commissioner in an annual or other periodic
report to a complaint or an investigation shall not disclose confidential information
that could identify a person concerned.
10.5. The Integrity Commissioner in a report to Council on whether a member has
violated the Code of Conduct shall only disclose such matters as in the Integrity
Commissioner’s opinion are necessary for the purposes of the report.
Schedule “A” to By-law Number 6155-19 Code of Conduct for Members of Council
Town of Aurora Page 32 of 32
Attachment “A”
Complaint Form
I, , hereby request the Integrity Commissioner for the
Town of Aurora to conduct an inquiry about whether or not the following member(s) of
the Town Council has contravened the Council Code of Conduct or the Municipal
Conflict of Interest Act:
I have reasonable and probable grounds to believe that the above member(s) has
contravened the Council Code of Conduct and/or the Municipal Conflict of Interest Act by
reason of the following (please include date, time and location of conduct, the Rules
contravened, and particulars, including names of all persons involved, and of all
witnesses, and information as to how they can be reached (attach additional pages as
needed):
I hereby request the Integrity Commissioner to conduct an inquiry with respect to the
above conduct. Attached are copies of documents and records relevant to the
requested inquiry.
Date: Signature:
Name:
Address:
Email:
Phone:
Email completed Complaint to Principles Integrity at:
postoffice@principlesintegrity.org
Schedule “B” to By-law Number 6155-19
Code of Conduct for Local Boards - Non-Adjudicative & Adjudicative
January 2019
Contents
Part 1 ............................................................................................................................... 2
General Introduction, Framework and Interpretation ................................................... 2
Guiding Principles ........................................................................................................ 2
Rule 1: Avoidance of Conflicts of Interest .................................................................... 2
Rule 2: Gifts, Benefits and Hospitality .......................................................................... 3
Rule 3: [Intentionally left blank] .................................................................................... 3
Rule 4: Confidential information ................................................................................... 3
Rule 5: Use of Town Resources, Election Campaigns ................................................ 3
Rule 6: Election Campaigns ........................................................................................ 3
Rule 7: Improper Use of Influence, Business Prospects .............................................. 3
Rule 8: Business Relations .......................................................................................... 3
Rule 9: Member Conduct ............................................................................................. 3
Rule 10: Media Communications ................................................................................. 4
Rule 11: Respect for the Town By-laws and Policies................................................... 4
Rule 12: Respectful Workplace ................................................................................... 4
Rule 13: Conduct Respecting Staff .............................................................................. 4
Rule 14: [Intentionally left blank] .................................................................................. 4
Rule 15: Reprisals and Obstructing ............................................................................. 4
Rule 16: Acting on Advice of Integrity Commissioner .................................................. 4
Part 2: Adjudicative Boards Only ..................................................................................... 5
Rule 17: Additional Requirements Applicable to Members of Adjudicative Local
Boards ......................................................................................................................... 5
Rule 18: Communications with Parties ........................................................................ 5
Rule 19: Independent Nature of Adjudicative Boards .................................................. 6
Part 3 ............................................................................................................................... 6
Complaint Protocol ...................................................................................................... 6
Consequences of Failure to Adhere to Code of Conduct ............................................. 6
Schedule “B” to By-law Number 6155-19 Code of Conduct for Local Boards
- Non-Adjudicative & Adjudicative
Page 2 of 6
Part 1
General Introduction, Framework and Interpretation
This document is a Code of Conduct for members of Local Boards, both adjudicative
and non-adjudicative. Local Boards, sometimes referred to as committees or tribunals,
are as defined in s.223.1 of the Municipal Act and as identified by the municipality.
Some additional restrictions apply to adjudicative boards and these are specified. The
Code of Conduct for Local Boards follows the same organizational structure as the
Council Code of Conduct. Definitions and commentary contained in the Council Code
of Conduct may apply, where relevant, with necessary modifications and may be
referred to for clarification and interpretive assistance in understanding this Code.
Provisions of the Council Code of Conduct which are not relevant to members of Local
Boards have been eliminated from this document.
Guiding Principles
Members shall act with honesty and integrity, serving in a diligent manner, and
performing their duties in a manner which promotes public confidence.
Rule 1: Avoidance of Conflicts of Interest
Members shall avoid situations of real or apparent conflict of interest or bias.
Members shall avoid participating in or influencing a proceeding when the member, or
another person with whom the member has a close person or professional relationship,
has a financial or other private interest that may be affect by the proceeding or its
outcome.
Members shall not appear before the Local Board or committee on their own behalf or
as a representative on behalf of any party.
Members of BIAs will frequently have an ‘interest in common’ as business owners.
Care should be taken to recognize an interest, when the Member stands to gain or
otherwise benefit, in a manner that can be differentiated from others in the BIA. Where
a Member contributes to an event ‘at cost’, no ‘interest’ is deemed to arise by reason
only that the Member’s business is a sponsor of the event.
Schedule “B” to By-law Number 6155-19 Code of Conduct for Local Boards
- Non-Adjudicative & Adjudicative
Page 3 of 6
Rule 2: Gifts, Benefits and Hospitality
No Member shall accept any Gift, except for Gifts that are deemed to have zero value
in the Council Code of Conduct.
Rule 3: [Intentionally left blank]
Rule 4: Confidential information
Members shall not disclose to any member of the public any confidential information
acquired by virtue of their position.
Confidential information includes any discussion that takes place between members of
the Local Board or Committee when it is in a closed meeting.
Rule 5: Use of Town Resources, Election Campaigns
No member should use municipal equipment or staff, or other municipal services or
resources for their own private purposes, or for election campaign purposes.
Rule 6: Election Campaigns
No member, while identifying themselves as a member of a Local Board, shall
undertake any election campaign or election-related activities or work on, fund-raise,
endorse or otherwise contribute to the election campaign of any person running in the
municipal election for the municipality where the member serves on the Local Board.
Rule 7: Improper Use of Influence, Business Prospects
No member shall use the influence of his or her position for any purpose other than the
duties as a member of the Local Board.
Rule 8: Business Relations
No member shall allow the prospect of future employment by a person or entity to affect
the performance of his/her duties as a member of the Local Board.
Rule 9: Member Conduct
Members shall conduct themselves with decorum at all times.
Members shall maintain proper control over meetings demonstrating respect for
everyone who is involved in the meeting.
Schedule “B” to By-law Number 6155-19 Code of Conduct for Local Boards
- Non-Adjudicative & Adjudicative
Page 4 of 6
Members are expected to attend all meetings of the Local Board or Committee. If a
member misses more than three (3) meetings during their term, the Chair, after hearing
and considering any explanation provided by the member, may ask the member to
resign, or request that Council remove the member.
Rule 10: Media Communications
Members shall accurately communicate recommendations and proceedings of their
Local Board.
If a member is contacted directly by the media, the member should refer the media to
the Chair, or in the absence of the Chair, to the Vice-Chair.
Rule 11: Respect for the Town By-laws and Policies
Members shall adhere to and encourage public respect for the Local Board, the
municipality and its by-laws, policies and procedures.
Rule 12: Respectful Workplace
Members are governed by the relevant workplace harassment policies in place for staff.
Rule 13: Conduct Respecting Staff
Members shall be respectful of the role of staff to advise based on political neutrality.
Members shall respect the professionalism of staff, and not exert undue influence on
staff.
Rule 14: [Intentionally left blank]
Rule 15: Reprisals and Obstructing
It is a violation of this Code of Conduct to obstruct the Integrity Commissioner in the
carrying out of his/her responsibilities.
It is a violation of this Code of Conduct to engage in any activity in retaliation against
any person because he/she has made a complaint to or otherwise communicated with
the Integrity Commissioner.
Rule 16: Acting on Advice of Integrity Commissioner
Advice given by the Integrity Commissioner is binding on the Integrity Commissioner in
the event of a complaint.
Schedule “B” to By-law Number 6155-19 Code of Conduct for Local Boards
- Non-Adjudicative & Adjudicative
Page 5 of 6
Part 2: Adjudicative Boards Only
Rule 17: Additional Requirements Applicable to Members of Adjudicative Local
Boards
In addition to the provisions applicable to Members of Non-adjudicative Local Boards,
the following additional requirements are applicable with respect to the referenced rule:
Rule 2: Gifts, Benefits and Hospitality
Members should recuse themselves from any hearing, to avoid any perception of
bias or conflict of interest which may arise as a result of a gift, benefit or hospitality
provided by any of the parties or participants potentially affected by the decision of
the Local Board.
Rule 6: Election Campaigns
Members of Adjudicative Local Boards are prohibited from fundraising for, endorsing,
or otherwise contributing to the election campaign of any person running for a seat on
Council.
Rule 10: Media Communications
Members of adjudicative boards should generally not comment to the media in
relation to any decision made by the board or the rationale behind such decision. On
the rare occasion when a comment may be appropriate, only the Chair shall serve as
a media contact and all enquiries shall be referred to him/her.
Rule 18: Communications with Parties
Written communication to an adjudicative board shall take place only through the
Secretary of the board or the appropriate municipal staff assigned to such board, and
shall be copied to all parties or their representatives as appropriate. Oral
communications with the adjudicative board about current proceedings shall take place
only in the presence of or with the consent of all parties.
Where a party is represented by a representative, all communication between the
adjudicative board and the party shall be through the representative, with the exception
of notices of hearing, which shall be served upon all parties and their representatives
known to the adjudicative board as appropriate.
Schedule “B” to By-law Number 6155-19 Code of Conduct for Local Boards
- Non-Adjudicative & Adjudicative
Page 6 of 6
Rule 19: Independent Nature of Adjudicative Boards
The Chairs of adjudicative boards should ensure that the actions of any member, as
well as Council members and staff attending adjudicative board meetings, are
consistent with the arm’s-length, quasi-judicial nature of the adjudicative board. Any
actions compromising this position should be immediately dealt with by the Chair or
panel chair.
Members of adjudicative boards operating at arm’s-length from Council should refrain
from seeking advice on their roles and responsibilities from Council members. In
clarifying their roles and responsibilities, members should seek advice form
appropriate staff.
An adjudicative board is required by the applicable laws to operate at arm’s-length
from and independently of Council. Members should therefore not request members
of Council to intervene on applications considered by the adjudicative board. Under
the Council Code of Conduct, members of Council are only permitted to communicate
to the adjudicative board regarding a matter before the board by a letter addressed to
the Secretary of the board which is available to all parties.
Part 3
Complaint Protocol
The Complaint Protocol contained in to the Council Code of Conduct applies with
necessary modifications to complaints regarding members of Local Boards.
Consequences of Failure to Adhere to Code of Conduct
Members who are found by the Integrity Commissioner to have failed to comply with the
Code of Conduct for Local Boards may be subject to the following sanctions:
(a) a reprimand; or
(b) suspension of remuneration paid to the member in respect of his or her services
as a member of the Local Board (if any).
Members may also be subject to such other remedial actions recommended by the
Integrity Commissioner that directly flow from the action or behaviour of the member of
the Local Board.
Members are subject to removal from the Local Board, or removal as Chair of the Local
Board, by Council.