Citizens expect members of Council to meet the highest standards of conduct when carrying out public functions. The standards are set out in the Code of Conduct for Members of Council and the Municipal Conflict of Interest Act.
The Integrity Commissioner is available to members of Council to answer questions and provide advice about meeting the standards.
Members of Council can seek advice by calling or emailing the Integrity Commissioner or the Office as follows:
Members of Council can only accept fees, advances, gifts, donations, invitations, or benefits that are connected with the performance of their duties under specific circumstances specifically described in the Code of Conduct.
Examples of permissible gifts or benefits are:
Members are required to complete a disclosure statement upon receipt of a permissible gift. Those statements are reviewed by the Integrity Commissioner and published quarterly on the Gift Disclosure Registry for Members of Council.
When Council Members are offered a fee, advance, gift or personal benefit of any kind (referred to generally as a gift) they should carry out the following steps. Gifts include meals, tickets, sponsored travel, and donations for community events.
May a Member accept an invitation to attend a meeting from the Residents’ Association in another Member’s Ward?
It depends. If the meeting concerns a matter or matters that are of general or City-wide concern (that is, are not Ward-based), the Member can attend automatically, though simple courtesy might suggest informing the Ward Councillor. If the reason for the invitation is a Ward-based matter, the Member should contact the Ward Councillor and ascertain whether the Ward Councillor is involved. If the Ward Councillor is involved, the Member should generally refrain from attendance, unless the Ward Councillor is representing or supporting interests other than those of the Residents’ Association.
A Member receives an invitation to attend an event being hosted by a company with which the City has just entered into a commercial arrangement. The event is a celebration of the successful collaboration between the City and the company. May the Member attend?
Yes, provided that the value of what is provided does not exceed $500 and that attendance is reported if the value exceeds $300. This is a gift or benefit accepted as part of the responsibilities of office and received as an incident of protocol or social obligation.
A cultural organization supported by the City provides a Member with a pair of tickets to an event. May the Member accept the tickets?
Yes, the Member can accept the tickets (unless their value is over $500 or accepting them would mean that the Member has received gifts or benefits from that organization worth over $500 during the current calendar year). This is a gift or benefit received as part of the responsibilities of office and as an incident of protocol or social obligation. The Member must, however, report receipt of the tickets if they are worth in excess of $300 or their receipt brings the total value of gifts and benefits from that source to over $300 in the current calendar year.
A trade organization that lobbies the City on behalf of its members invites a Member to make up a foursome at an annual charitable golf tournament at no cost to the Member. May the Member accept the invitation?
No. Gifts or benefits from lobbyists, except political contributions otherwise reportable as a matter of legal obligation, are not permitted.
A developer invites a Member to an event celebrating the successful completion of a condominium development in the Member’s Ward. May the Member accept the invitation and the various forms of hospitality accompanying the event?
Yes. This too can be seen as part of the responsibilities of office and accepted as a matter of protocol. It might also serve a legitimate business purpose provided the person extending the invitation or that person’s representative is in attendance. Once again, however, the rules on reporting and upper limits apply.
A member attends an event in her or his Ward celebrating the completion of a significant property development. The property developer asks the member to pose for a photograph along with other dignitaries attending the event. Should the member agree?
Inquire as to the use that the developer intends to make of the photograph. If the answer is that it will be used for advertising or other promotional purposes, decline the invitation: see Article VIII of the Code of Conduct.
A sporting organization provides a Member with a block of tickets to an event and asks the Member to distribute the tickets among deserving constituents. May the Member accept the tickets on those terms?
No. This is not part of the responsibilities of office and therefore not something that the Member may accept as an incident of protocol or social obligation. Return the tickets and consider advising the donor to distribute the tickets through a community group of the donor’s choice.
A Residents’ Association holds a dinner honouring a Member for ten years of service on City Council and at the conclusion of the dinner presents the Member with a work of art worth $600. May the member keep the gift?
No. The gift is worth more than $500 and that does not take account of the value of the dinner. To avoid embarrassment, it is advisable for a Member to raise the issue of gifts in advance with the organizer of any event honouring the Member.
The Manchester City Council invites a Member to a conference in Manchester, England to speak about the new powers that the City acquired under the City of Toronto Act, 2006. It offers to pay the Member’s costs of attending the Conference, including airfare, food and lodging. The total worth of the package is $5000. May the Member accept the offer?
Yes. This comes within the category of food, lodging and transportation provided by a foreign government in a foreign company. Such gifts and benefits are not subject to the $500 upper limit. However, they must be reported if worth more than $300.
The Manchester Widget Manufacturing Company, which hopes to do business with the City, invites a Member to learn more about its product and inspect its plant in Manchester, England. It offers to pay the Member’s expenses including airfare, food and lodging. The total worth of the package is $5000. May the Member accept the offer?
No. The Member should only attend as part of an official City delegation (where otherwise appropriate) paid for by the City or, perhaps, out of the Member’s own Office Budget. In any case, consult either the Integrity Commissioner or Council and Support Services before undertaking this kind of travel.
This protocol, issued by the Lobbyist Registrar and Integrity Commissioner, clarifies the obligations of members of council or their staff acting on their behalf when they receive unsolicited written or electronic communications.
Chapter 140 of the Toronto Municipal Code, Lobbying defines lobbying as communication with a public office holder about listed subjects, which generally relate to decisions that Council, its committees or other City officials may make. Communication is defined as «expressive contact, including written and electronic communication».
Article XIII, Conduct Respecting Lobbyists of the Code of Conduct for Members of Council provides in part:
Members of Council and their staff are public office holders. As a matter of general principle, as public office holders, members of Council should be familiar with the terms of this Lobbying By-law inclusive of the Lobbyists’ Code of Conduct (Chapter 140).
Specifically, members of Council should not engage knowingly in communications in respect of the list of subject matters contained in the definition of “Lobby” as set out in Chapter 140 with a person who is not registered as required by Chapter 140. Members of Council should also not knowingly communicate with a registered lobbyist who is acting in violation of Chapter 140. (Underlining added.)
A member does not contravene this Article when a member (or the member’s staff on the member’s behalf) simply receives an unsolicited written or electronic communication. This exception applies if the member (or the member’s staff acting on the member’s behalf) does not take any action on the basis of the communication or respond to the communication. This exception also applies if the member (or staff acting on behalf of the member) sends a form letter in response to all unsolicited communications. When this exception applies, there is no duty on the member to take further action under this Article.
May 21, 2009