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What does the Integrity Commissioner do? |
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All elected officials (the Mayor and the Councillors) and appointees to many City agencies, boards and commissions (all local boards (restricted definition) under the City of Toronto Act, 2006) are subject to a Code of Conduct.
The Integrity Commissioner assists in keeping them aware of the requirements of that Code and responds to their requests for advice about their obligations. As well, the Integrity Commissioner deals with complaints that elected officials and appointees have violated the Code.
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What does the Code of Conduct cover? |
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The Code of Conduct deals with a broad range of inappropriate conduct by elected officials and appointees: improper receipt of gifts and benefits; misuse and improper securing of confidential information; inappropriate use of City property, services and other resources, including using City facilities for campaign purposes; acting as a paid agent in the conduct of City business; allowing employment prospects to influence the way in which a Councillor performs her or his role; misbehaviour at Council meetings; mistreatment of staff; improper use of influence; inappropriate relationships with lobbyists; discreditable behaviour towards other Councillors, staff and members of the public; and, more generally, failing to follow Council policies.
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Does the Integrity Commissioner have authority over all violations of the Code of Conduct? |
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City Council has adopted a Complaint Protocols for both Members of Council and Members of Local Boards (Restricted Definition) setting out the scope of the Integrity Commissioner's authority over matters coming within the relevant Code of Conduct. Those Protocols make it clear that there are some violations that should be dealt with through existing mechanisms rather than by the Integrity Commissioner. For example, if you are alleging that a City Councillor had an undeclared conflict of interest in a matter dealt with by Council, there is a special complaint procedure under the Municipal Conflict of Interest Act. Similarly, if the allegations involve violations of Canada's Criminal Code, it is the police, not the Integrity Commissioner who investigate. If you are not sure whether the matter about which you are concerned is within the Integrity Commissioner's authority, contact her or the City Clerk's office.
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Who can make a complaint? |
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Members of the public as well as other Councillors and City Council staff can all file complaints under the Protocol.
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How can I make a complaint? |
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The Protocols tell you how to make a complaint. Essentially, you have to complete an affidavi
detailing the grounds of your complaint and the facts supporting the complaint.
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How do I complete an affidavit and where do I file my complaint? |
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Any lawyer can assist you in completing an affidavit. In addition, the City Clerk's Office has personnel who have authority to take affidavits. You can secure assistance at the Registry Services Counter at City Hall and all Civic Centres. That is also where you file your complaint. Alternatively, you can send it by mail to the City Clerk at City Clerk's Office, City Hall, 13th Floor, 100 Queen Street West, Toronto, Ontario, M5H 2N2. |
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What happens once I file my complaint? |
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The City Clerk forwards it to the Integrity Commissioner. Once the Commissioner decides that it is a matter over which there is jurisdiction, the Integrity Commissioner provides the elected official with a copy of the complaint and requests a response. This starts the formal investigative process. During the course of that process, you will receive a copy of any response from the elected official and, most likely, will be interviewed by the Integrity Commissioner. Once the Integrity Commissioner has completed the investigation, a determination will be made as to whether the elected official or appointee has violated the Code of Conduct and completes a report. All of this is meant to occur within 90 days of the filing of the complaint.
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What happens to the Integrity Commissioner's report? |
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When the Integrity Commissioner completes a report, the City Clerk sends you and the elected official or appointee a copy. The Integrity Commissioner is an officer of Council and reports directly to Council. All reports where there is a finding of violation of the Code of Conduct (along with any recommendations) are sent to Council. Council will then consider the report and determine what, if any action to take.
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Can the Integrity Commissioner respond to complaints about City Council staff? |
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The Integrity Commissioner does not have any authority over City Council staff. If you have a complaint about one of a Councillor's staff, direct that complaint to the Councillor. Complaints about any other City employee should be taken to that employee's manager.
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My Councillor is supporting a developer's application before the Committee of Adjustment and refuses to meet with me to listen to my concerns with the application. Is this a matter about which I can complain to the Integrity Commissioner? |
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No. It is not a violation of the Code of Conduct for a Member to refuse to meet with a constituent nor does the Integrity Commissioner have any authority over choices that Members make on various issues within their Ward or, for that matter, City-wide. If you wish to contest the application before the Committee of Adjustment, you will therefore have to act on your own or secure a lawyer or other representative to act on your behalf.
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I believe a Member has violated the Code of Conduct and want to file a complaint. However, I do not want the Member to know my identity. What should I do? |
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The Codes of Conduct and the Complaint Protocols make no provision for anonymous complaints or for withholding the name of a complainant from the Member. However, consult the Integrity Commissioner. It is a Code of Conduct offence for a Member to take any form of reprisal against a complainant. Also, in some instances, the Integrity Commissioner may at least be able to take the matter up informally with the Member. The issue may also be one that can be dealt with through the Auditor General's Fraud and Waste Hotline (397-7867) which does operate on the basis of anonymous tips.
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I have a complaint against a Member but need the assistance of a lawyer to file and otherwise support my complaint. Do I have any claim for the costs of hiring a lawyer? |
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If the Integrity Commissioner does not dismiss your complaint as frivolous, vexatious or made in bad faith, you may apply for reimbursement of legal cost up to maximum of $5,000 (or $20,000, if the Integrity Commissioner decides that the complaint should be dealt with by way of formal public inquiry). At the discretion of the Integrity Commissioner, costs are available during the course of an investigation.
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