Ontario Proposes Legislation to Hold Municipal Elected Officals Accountable for Code of Conduct Violations
The Ontario government has introduced a new bill aimed at increasing accountability among municipally elected officials. Under this proposed legislation, municipal elected officials who engage in serious violations of their council’s code of conduct—such as workplace harassment, discrimination, or other unethical behavior—could face removal from office.
Currently, municipalities in Ontario lack the authority to impose significant consequences on municipal elected officials who breach their codes of conduct. At most, penalties are limited to reprimands or docking of pay, even in cases of severe misconduct. This legislative gap has left many victims of workplace harassment and abuse feeling unprotected, with municipalities often unable to take decisive action against perpetrators.
The new bill, announced by Minister of Municipal Affairs and Housing Paul Calandra, seeks to change that. By introducing the possibility of dismissal for serious breaches, the province aims to create safer, more respectful work environments for municipal staff and elected officials alike.
Building on Advocacy Efforts
This proposal aligns with long-standing advocacy efforts by groups like The Women of Ontario Say No, the Association of Municipalities of Ontario (AMO), and the Association of Municipal Managers, Clerks, and Treasurers of Ontario (AMCTO). These organizations have repeatedly called for stronger measures to address harassment and toxic workplace behavior in municipal government.
The Association of Ontario Road Supervisors (AORS) has also championed the need for stricter enforcement. In a letter to the Minister of Municipal Affairs and Housing, AORS supported introducing greater accountability measures, including the removal of elected officials from office in cases of serious misconduct.
Earlier initiatives, including Bill 5 by Liberal MPP Stephen Blais, sought similar accountability measures but failed to pass. Bill 207, currently tabled by NDP MPP Jeff Burch, also addresses this issue and has garnered significant support from over 100 municipalities and key industry associations. The Progressive Conservative introduction of this new bill signals a growing recognition of the need for legislative reform.
Concerns About Enforcement
While the bill is being applauded as a step in the right direction, some concerns have been raised about its enforcement mechanism. The current proposal leaves the decision to remove an elected official from office to the local council, following a recommendation from the municipality’s integrity commissioner. Critics argue that this approach could lead to inconsistencies across municipalities, as decisions may be influenced by local political dynamics.
Emily McIntosh, from the Women of Ontario Say No, says “If you require unanimous support at the council level, it means that one person who has a personal relationship with another person can undermine the recommendation of the provincial integrity commissioner for removal.” She continues to say on the Women of Ontario Say No’s social media in a video, “it also is extremely inefficient from a taxpayer perspective, which means we’re investing as taxpayers into this great process to make things consistent, only to see it potentially risk being non-actionable because one person doesn’t like the outcome.”
In a news announcement AMCTO ultimately agrees with Emily McIntosh as they stated “… there may be duplication in the need for inquiries, with Integrity Commissioners continuing to serve largely in an advisory capacity, leaving the ultimate decision-making with local councils. Other than recommending removal in the most serious of cases, which must meet four specified criteria, penalties and/or sanctions remain limited. Moreover, the process maintains a lack of independent oversight and may in fact, lead to inconsistency in accountability across municipalities.”
What the Bill Proposes
The proposed legislation outlines a clear process for addressing violations:
- Investigations: Municipal integrity commissioners will continue to investigate complaints against elected officials accused of misconduct.
- Recommendations: If a serious breach is confirmed, the municipal integrity commissioner could recommend removal from office as a penalty. In this case, the decision must also be made by the provincial integrity commissioner.
- Local Council Decision: The local council would have the final authority to enforce the removal through a unanimous decision, raising concerns about impartiality and fairness.
A Step Toward Cultural Change
Despite these concerns, the bill marks a significant shift in how Ontario addresses misconduct among municipally elected officials. Supporters emphasize that municipal employees deserve workplaces free of harassment and toxic behavior, and this legislation is an important first step toward creating such environments.
“Municipal employees deserve to feel safe and respected in their workplaces,” AORS President Joe Reid, CRS-S, stated. “Legislation is desperately needed to ensure that bad actors are held accountable and send a strong message that harassment and misconduct have no place in public office.”
As Ontario continues to refine its approach, there is hope that future iterations of the bill will address these enforcement gaps, ensuring both accountability and consistency across the province.
That said, it is important to note that the provincial government has now rose for its winter break – which this government has extended. The legislature was set to return on February 18th, but it now won’t be back until March 3rd. The bill is skipping second reading, so it is possible that the committee hearings could take place while the legislature is not sitting. Stephen Blais, Liberal MPP for Orleans who originally brought Bill 5 forward, has shared concerns that he is concerned the bill will never pass with the possibility of Premier Doug Ford calling an early election this spring.
AORS will continue to keep our members updated as the work on this proposed legislation progresses.
If you have any advocacy efforts you would like to see AORS take a role in, please contact Kelly Elliott, Marketing and Communications Specialist, at kellyelliott@aors.on.ca.