Item - 2021.EX22.8

The Executive Committee recommends that:  

1.  City Council request the Integrity Commissioner to individually consult with Members of Council regarding potential changes to the Codes of Conduct, the City of Toronto Act, 2006, Chapter 3 of the Toronto Municipal Code and the Municipal Conflict of Interest Act, and to report back to City Council with a range of options for their consideration including, but not limited to, recommendations addressing workplace harassment and discrimination and other conduct-related issues.

2.  City Council request the Integrity Commissioner to conduct, with the advice of the City Manager, public and stakeholder consultations about potential changes to the Codes of Conduct, the City of Toronto Act, 2006, Chapter 3 of the Toronto Municipal Code and the Municipal Conflict of Interest Act, and to report back with these findings when making final recommendations to City Council.

 
3. With respect to these matters, City Council request the Integrity Commissioner to:

a.  report back directly to City Council, on an interim basis, as needed in the opinion of the Integrity Commissioner;

b.  report back directly to City Council with recommendations no later than January 2022; and

c.  prior to any reports being submitted to City Council, to consult with the City Clerk, the City Manager and the City Solicitor.

The Integrity Commissioner is mandated to provide advice on policy matters dealing with issues of ethics and integrity under the City of Toronto Act, 2006 and Chapter 3 of the Toronto Municipal Code.

The Code of Conduct for Members of Council (the “Code of Conduct”) is the embodiment of the ethical principles and rules of conduct which Council has decided its members are required to observe. In addition to the Code of Conduct, the Municipal Conflict of Interest Act (“MCIA”) sets out rules regarding pecuniary interests. The City of Toronto Act, 2006 and Chapter 3 of the Toronto Municipal Code set out many of the operational procedures relating to these rules. Collectively, these documents define the ethical framework governing members of Council.

Council adopted the Code of Conduct in 2008. It has not been substantively reviewed and updated since then. It was adopted following a judicial inquiry conducted by Justice Denise Bellamy that investigated serious conflicts of interests, abuses of power and financial maladministration following the amalgamation of the City of Toronto. Justice Bellamy recommended that the City’s codes of conduct should go beyond the minimum standards of behaviour and set out the highest ideals and values for all public servants. She also specifically recommended that Council be vigilant in reviewing and updating the City’s codes of conduct.

The 2019 Annual Report from the Integrity Commissioner recommended that the Code of Conduct be reviewed and updated. Since that recommendation was made:

- The Government of Ontario has announced consultations, and a private members bill amending the City of Toronto Act, 2006 has been introduced, to specifically address workplace harassment and discrimination committed by members of Council.

- The Collingwood Judicial Inquiry recommended in November 2020 that municipal codes of conduct across Ontario, and related provincial legislation, be updated to improve transparency in local government. 

The Integrity Commissioner recommends that Council request the Integrity Commissioner (in consultation with the City Clerk, City Manager and City Solicitor) to review, consult and report back to Council with proposed changes to the Code of Conduct and related legislation. As their provisions are mostly identical, the Codes of Conduct for local boards (restricted definition) and adjudicative tribunals need to be included in this review.