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Ontario Government Introduces Municipal Accountability Act, 2024
Date: December 18, 2024
On December 12, 2024, the Ontario government introduced Bill 241, Municipal Accountability Act, 2024 (Bill 241). If passed, this proposed legislation would provide the government with the ability to establish a standardized provincial code of conduct for municipalities. Bill 241 also expands the oversight powers of the Integrity Commissioner of Ontario and creates new mechanisms for addressing serious misconduct by municipal officials, including potential removal from office.
Bill 241 proposes the following amendments to the Municipal Act, 2001 (Act) with companion amendments also made to the City of Toronto Act, 2006.
Standard Codes of Conduct
Bill 241, if passed, would provide the government with the ability, through regulation, to shift from municipality-established codes of conduct to a provincially prescribed framework.
Currently, the Act provides that municipalities shall establish codes of conduct. If passed, Bill 241 would repeal this provision and grant the Lieutenant Governor in Council the authority to enact regulations to, among other things:
- prescribe a code of conduct for members of councils of municipalities and of local boards
- require members to comply with any prescribed code of conduct
- mandate municipal integrity commissioners to provide code of conduct education or training to members of council and local boards
- require members to take any code of conduct education or training mandated
Integrity Commissioner Framework
Under the current Act, municipalities are responsible for establishing their own terms of reference, which outline their municipal integrity commissioner’s duties, complaint investigation protocols and reporting procedures. When a municipal integrity commissioner determines that a member has violated the code of conduct, the commissioner may recommend that the municipality impose penalties on the member, which are limited to reprimands or suspension of remuneration for up to 90 days. Commissioners are expected to adhere to any established municipal investigation procedures.
Bill 241 proposes substantial changes to this framework. If enacted, the legislation would establish a mechanism for removing and disqualifying municipal council and local board members who commit serious code of conduct violations.
If Bill 241 is enacted, after the completion of an inquiry, the municipal integrity commissioner would also have the ability to make a recommendation to the Integrity Commissioner of Ontario that the member’s seat be declared vacant, if the municipal integrity commissioner is of the opinion that all of the following criteria are met:
- The member has contravened the code of conduct.
- The contravention is of a serious nature.
- The member’s conduct that is the subject of the inquiry has resulted in harm to the health, safety or well-being of persons.
- The existing penalties are insufficient to address the contravention or ensure that the contravention is not repeated.
On receipt of such a recommendation, the Integrity Commissioner of Ontario would conduct an inquiry and determine whether the criteria for removal and disqualification have been met. In making this assessment, the Integrity Commissioner of Ontario may consider, among other things, whether the contravention negatively impacts public confidence in the ability of either the member to discharge their duties, or the council or local board to fulfill its role.
If the Integrity Commissioner of Ontario is satisfied the criteria for removal and disqualification have been met, they can provide a recommendation to the municipal council. If the Integrity Commissioner of Ontario recommends that a member be removed and disqualified, the matter moves to a vote by non-excluded members of council. If the council votes in favour of the recommendation, the member is removed from their seat, the seat is declared vacant, and the member is disqualified from being a member of council or of any local board of the municipality for four years.
Consultations on Bill 241
The government has stated that, if Bill 241 is passed, it will consult with municipalities on the regulations that will support this new framework.
Should you have any questions or require more information about how Bill 241, if passed, may impact your municipality, please contact your regular Hicks Morley lawyer.
The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Hicks Morley Hamilton Stewart Storie LLP and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Hicks Morley Hamilton Stewart Storie LLP. ©
