7. motion - Municipal Conflict of
Interest Act - Amendment MOTION - Loi
sur les conflits d'intérêts municipaux
- modification |
Committee Recommendation
That Council petition the Province of
Ontario to amend the Municipal Conflict of Interest Act to ensure that
committee meetings are covered by the legislation.
Recommandation du comité
Que le
Conseil municipal présentera une requête à la province de l’Ontario en vue de
modifier la Loi sur les conflits d’intérêt municipaux afin d’assurer
que les réunions des comités sont couvertes par la loi.
Documentation
1. Corporate Services and Economic Development
Committee report dated 16 October 2007 (ACS2007-CMR-CSE-0013).
2. Extract of Draft Minute, 16 October 2007.
Report to / Rapport au :
Council / Conseil
16 October 2007 / le 16 octobre 2007
Submitted by /
Soumis par : Corporate Services and Economic Development Committee
City-wide / À l’échelle de la ville |
|
Ref N°: ACS2007-CMR-CSE-0013 |
SUBJECT:
MOTION
- Municipal Conflict of Interest Act -
Amendment
OBJET : MOTION - Loi sur les
conflits d'intérêts municipaux - modification
REPORT RECOMMENDATION
That Council petition the Province of Ontario to amend the Municipal
Conflict of Interest Act to ensure that committee meetings are covered by
the legislation.
Que le Conseil municipal
présentera une requête à la province de l’Ontario en vue de modifier la Loi
sur les conflits d’intérêt municipaux afin d’assurer que les
réunions des comités sont couvertes par la loi.
BACKGROUND
At the 16 October 2007 meeting of the Corporate Services and Economic Development Committee, Councillor D. Deans moved that the Committee approve the addition of the following item for consideration, pursuant to Section 84(3) of the Procedure By-law:
WHEREAS the Municipal Conflict of
Interest Act (the “Act”) was enacted in 1982 to be a code to govern the
behaviour of municipal Councillors and local board members across Ontario;
AND WHEREAS the Act has not been
significantly amended since its enactment;
AND WHEREAS the City Solicitor has
identified an ambiguity in the Municipal Conflict of Interest Act whereby three
judicial decisions have found that the Act only applies to Council meetings and
not to committee meetings;
THEREFORE BE IT RESOLVED THAT City
Council petition the Province of Ontario to amend the Municipal Conflict of
Interest Act to ensure that committee meetings are covered by the legislation.
The Committee agreed to consider the item and subsequently approved the above-noted motion.
CONSULTATION
N/A
FINANCIAL
IMPLICATIONS
As noted in the motion.
ATTACHMENTS
N/A
DISPOSITION
N/A
MOTION
- Municipal Conflict of Interest Act -
Amendment
MOTION - Loi sur les conflits d'intérêts municipaux -
modification
ACS2007-CMR-CSE-0013 CITY-WIDE / À
L’ECHELLE DE LA VILLE
Moved by Councillor D. Deans
That the Corporate Services and Economic Development Committee approve the addition of this item for consideration by the Committee at today’s meeting, pursuant to Section 84(3) of the Procedure By-law.
CARRIED
Councillor Deans introduced a motion calling on City Council to petition the Province to amend the Municipal Conflict of Interest Act to ensure that Committee meetings were covered by the legislation. She explained that this pertained to a memo received from the City Solicitor in response to an inquiry she had raised at a previous meeting.
Responding to a question from Mayor O’Brien, Mr. R. O’Connor, City Solicitor, acknowledged that it may be possible to address this issue through a municipal by-law. However, he submitted that it would also be important, for local boards and other municipalities, if there was some consistency and clarity with regards to legislation.
Following this exchange, Committee voted on the motion.
Moved by Councillor D. Deans
WHEREAS the Municipal Conflict of
Interest Act (the “Act”) was enacted in 1982 to be a code to govern
the behaviour of municipal Councillors and local board members across Ontario;
AND WHEREAS the Act has not
been significantly amended since its enactment;
AND WHEREAS the City Solicitor has
identified an ambiguity in the Municipal Conflict of Interest Act
whereby three judicial decisions have found that the Act only applies to
Council meetings and not to committee meetings;
THEREFORE BE IT RESOLVED THAT City
Council petition the Province of Ontario to amend the Municipal Conflict of
Interest Act to ensure that committee meetings are covered by the
legislation.
CARRIED