Gifts, Benefits & Donations
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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:
- sponsorships and donations to a community event in accordance with the Policy on Council Member-Organized Community Events
- food, lodging, transportation and entertainment provided by a provincial, regional and local government, the Federal government, a foreign government or a conference or event organizer when attending in an official capacity
- gifts or benefits that normally accompany the responsibility of office and are received as an incident of protocol or social obligation
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 this website.
Gifts and Benefits Procedure at a Glance (Printable file)
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.
Step 1: Seek Advice Before the Gift is Received
Regardless of the estimated value of any gift, Members should seek advice from the Integrity Commissioner about whether a gift is permissible. The Integrity Commissioner will require a description of the gift; the reason for the gift; the name of the donor; whether the gift is for the Council Member, a family member, or staff member; the estimated value; and the intended use. Contact the Integrity Commissioner at firstname.lastname@example.org or by calling (416) 392-3826.
Step 2: Submit a Declaration Form
If the value of the gift exceeds $300, is a donation to a community event or is sponsored travel, Members must submit a disclosure form to the Office of the Integrity Commissioner within thirty (30) days of receipt of the gift or benefit. All forms (which include detailed instructions) are available on the Integrity Commissioner’s website, toronto.ca/integrity. Members must include supporting documentation with the disclosure form such as receipts, correspondence or, in the case of community events, a copy of the event flyer.
Step 3: Review by the Integrity Commissioner
The Integrity Commissioner will review the disclosure form and any supporting documentation to make a determination of whether the donation is permissible under the Code of Conduct. If advice has previously been provided (step 1) and the circumstances are the same, the prior advice will be confirmed. In the case of sponsored travel and donations to community events, the Integrity Commissioner will issue a memorandum to the Member, Council and Support Services, and the City Clerk stating the determination made.
Step 4: Posting on the Integrity Commissioner’s Website
The Office of the Integrity Commissioner will publish the disclosure form with accompanying documentation on the Office’s website in accordance with the Code of Conduct, on a quarterly basis.
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, under the Consolidated Code of Conduct (in force February 2007), 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.
At an event a Member is attending as part of her or his official duties as a Member of Council, the Member (along with all others attending the event) is presented with a gift. May the Member accept the gift?
Yes, as a matter of protocol, unless the donor is a lobbyist and provided the value of the event and the gift does not in total exceed $500 and it does not lead to a situation where the Member in aggregate has received gifts and benefits from that source during the current calendar year worth more than $500. Also, if the combined value of the event and the gift exceeds $300, the Member must file a gifts and benefits report with the Integrity Commissioner: see Article IV of the Code of Conduct.
An organization seeking to renew a contract with the City sends a gift to all members of Council. May Members accept the gift?
No, whether the gift comes from a lobbyist or directly from the organization, it is not within the scope of permissible gifts and benefits: see Article IV of the Code of Conduct.
May a Member accept the personal use of a private vehicle for the duration of a community event being held in her or his Ward?
Irrespective of whether the vehicle is displaying promotional material relating to the donor, this is not a permissible gift of benefit: see Article IV of the Code of Conduct.
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 air fare, 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 air fare, 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.