Public Commons

• Summary of law and by-laws re: IC's job

Part of Accountability Officers

The law, as set out in the City of Toronto Act, http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_06c11_e.htm requires City Council to appoint an Integrity Commissioner, "IC". The IC is one of 4 "Accountability Officers" who is appointed by City Council for the purpose of helping Council ensure that the City is accountable to its citizens.Toronto Municipal Code Oct 2009.

A summary of the Integrity Commissioner's job, as defined in this provincial law, and further defined by City Council by-law, is set out below.

Part V of the Act entitled "Accountability and Transparency" sets out the mechanisms by which the City is to be held accountable to the people of Toronto. To achieve this, the law requires that Council appoint 3 "Accountability Officers" - an Integrity Commissioner, an Ombud, and an Auditor General - and it must set up a register of city lobbyists and define "lobbying" and the rules and safeguards around it. All 4 of these officers are accountable and report directly to City Council.

The Integrity Commissioner's job is to apply a code of ethics passed by Council. This code sets out the conduct required of Councillors and members of city boards. The Commissioner can carry out inquiries into whether or not a Council or board member has breached this code.

The City of Toronto Municipal Code

Acting on the power given to them by the provincial legislators, City Council has made certain provisions which relate to all of the 4 "Accountability Officers" as they are named in the by-law [account-1a] in city by-law No. 1098-2009, passed on 2009-10-27. This by-law is now included in the quarterly compilation of by-laws which pertain to the city as a whole known as the City of Toronto Municipal Code see Toronto Municipal Code Oct 2009. The by-law is now reproduced in Chapter 3, entitled "Accountability Officers".

In addition, the by-law describes the Integrity Commissioner's role in Article III by specifying, among other things that the IC serves for a 5 year non-renewable term. The IC's duties are to:

- provide advice as to how the code of ethics or any other city by-laws, policies or protocols applies to members of City Council or other city boards;

- give general advice about a member's obligations under the Municipal Conflict of Interest Act, another provincial law that requires members of council and other city boards to disclose information of any financial interest they may have about a matter or decision before Council or the board. http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90m50_e.htm

- conduct inquiries into a claim that a code of conduct has been breached

- provide opinions on policy and report to Council and local boards on ethics and integrity issues

- provide programmes to Councillors, local board members and their staff to educate them about issues of ethics and integrity