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Provincial Offences Act - Conflict of Interest Policy

Committee recommendation

That Council approve the program’s Conflict of Interest Policy as outlined in Attachment 1.

Documentation

  1. General Manager, Corporate Services Department report dated 27 March 2001 is immediately attached (ACS2001-CRS-SEC-0023)

Report to Corporate Services and Economic Development Committee and Council

27 March 2001

Ref N°:ACS2001-CRS-SEC-0023

Report recommendation

That the Corporate Services and Economic Development Committee recommend Council approve the program’s Conflict of Interest Policy as outlined in Attachment 1.

Background

The Provincial Offences Act (POA) is a procedural statute that prescribed the manner in which offences, including those created under municipal by-laws, are to be administered and prosecuted. In essence, all POA contraventions are dealt with through the issuance of a ticket. The POA prescribes the manner of serving notice of an offence to a defendant, payment periods, method of conducting the trials, sentencing and appeals. The Ministry of the Attorney General is responsible for the administration of this legislation.

The Legislative Assembly enacted Bill 108, the Streamlining of Administration of Provincial Offences Act, 1997. The Bill amends the Provincial Offences Act to allow the Attorney General to enter into agreements with municipalities permitting them to undertake court administration and support functions. It also provides for the transfer of most prosecutions responsibilities to the local municipality. This Bill was part of the Provincial government overall review dealing with the re-alignment of public service delivery.

Prior to the start of the amalgamation process, some urban municipalities and the Region had obtained Council approval to initiate preparations for this transfer of jurisdiction. With the emergence of the local government re-structuring exercise as the overriding priority in the past year, no substantial progress was achieved on this project. With the creation of the “new” City of Ottawa, project personnel are working in an expeditious fashion with the Ministry of the Attorney General to bring this project to a successful conclusion.

Discussion or analysis

Part of the transfer requirements stipulated by the Ministry of the Attorney General include the enactment of a Council approved policy dealing with the matter of conflict of interest within the context of the administration and prosecution of POA infractions. Attachment 1 outlines the proposed policy. The proposed policy reflects closely the standard that has been employed in many other municipalities that have already assumed responsibility for this program.

The principles of the POA conflict of interest policy are as follows:

  • All persons involved in the administration and prosecutions of the Provincial Offences Court shall endeavor to carry out such duties in a manner that upholds the integrity, fairness and impartiality of the administration of justice;
  • No person shall attempt to influence or interfere, either directly or indirectly, with any employee or other persons performing duties in the administration of justice; and
  • The policy applies to employees or officers of the City of Ottawa, persons contracting with the Corporation for the performance of duties under the transfer Agreement and elected officials.

Consultation

The policy was prepared by the office of the City Clerk in consultation with the City Solicitor. The Ministry of the Attorney General has reviewed the policy and has confirmed that it will meet the requirements.

Financial implications

There are no direct financial implications associated with the approval of these recommendations.

Attachments

Attachment 1 – Draft POA Conflict of Interest Policy.

Disposition

City Clerk and City Solicitor to implement the POA Conflict of Interest Policy.

 

Attachment 1

Conflict of Interest Policy

Pursuant to the Transfer of Administration Support Provincial Offence

WHEREAS the Ministry of Attorney General requires all Municipal Partners to establish a Council approved Conflict of Interest Policy specifically detailed to address matters relevant to the administration of the Provincial Offences Act (POA) program;

WHEREAS the administration of the Provincial Offences Court by the Municipal Partner pursuant to the Transfer Agreement must be conducted in accordance with fundamental principles of justice, which include judicial and prosecutorial independence, fairness, impartiality, competence and integrity;

WHEREAS the policy shall apply to employees, officers, elected representatives and to any person contracting with The Corporation of the City of Ottawa for the performance of services under the Transfer Agreement;

THEREFORE, the City Clerk and the City Solicitor are directed to implement the Conflict of Interest Policy, as set out below, for all matters relating to the administration of the Provincial Offences Court in the Court Service Area of Ottawa;

1.0 Principles of Conflict of Interest Policy

1.1 Conflict of Interest Policy shall apply to all employees, officers, elected representatives of The Corporation of the City of Ottawa and to any person contracting with The Corporation of the City of Ottawa for the performance of services under the Transfer Agreement.

1.2 No person shall attempt to influence or interfere, either directly or indirectly, financially, politically or otherwise with employees, officers or other persons performing duties under the transfer Agreement.

1.3 All persons involved with the administration and prosecution functions of the Provincial Offences Court shall endeavour to carry out such duties in a manner which upholds the integrity of the administration of justice.

2.0 Oath of Office

2.1 All employees involved with the administration functions shall swear or affirm an oath as established by the City Solicitor in accordance with this policy.

2.2 All municipal prosecutors engaging in prosecutions under the Transfer Agreement shall swear or affirm an oath as established by the City Solicitor in accordance with this policy.

3.0 Obligation to Report

3.1 Any person performing duties under the Transfer Agreement shall report any attempt at improper influence to the Municipal Partner or local Crown Attorney.

3.2 No action shall be taken against the person for making any such report in good faith.

3.3 An employee or other person performing duties under the Transfer Agreement contacted by an elected official with respect to the administration of justice and matters before the court shall immediately disclose such contact to the City Clerk and the City Solicitor.

3.4 Where an employee or other person performing duties under the Transfer Agreement has been charged with an offence created under a federal statute or regulation or a provincial statute or regulation, and where continuing to perform his or her duties may erode public confidence in the administration of justice, the charge shall be disclosed to the City Clerk and the City Solicitor.

3.5 Upon notification, the City Clerk and the City Solicitor shall determine if any actual or perceived conflict of interest exists and, if so, shall take appropriate action to address the conflict.

3.6 A prosecutor shall disclose any actual or reasonably perceived conflict as soon as possible to the City Clerk and the City Solicitor.

3.7 Where a prosecutor is charged with an offence under the Criminal Code of Canada or any other federal statute or regulation that is dealt with under the Criminal Code of Canada, such charge shall be disclosed to the City Clerk and the City Solicitor forthwith.

3.8 Where a prosecutor is charged with an offence under other federal statutes or regulations thereunder or a provincial statute or regulation thereunder and where continuing to perform his or her duties may erode public confidence in the administration of justice, the charge shall be disclosed to the City Clerk and the City Solicitor.

3.9 The City Clerk and the City Solicitor shall determine if any actual or perceived conflict exists and, if so, the City Clerk and the City Solicitor shall take appropriate action to address the conflict.

4.0 Prosecution Guidelines

4.1 Prosecutors acting under the terms of the Transfer Agreement, in addition to the above, shall adhere to the following conflict of interest guidelines:

4.1.1 A person employed as a prosecutor shall not also be employed as an enforcement officer;

4.1.2 A prosecutor shall be supervised by or report to the City Solicitor or another lawyer designated for this purpose;

4.1.3 A prosecutor shall not hold or have held a municipal political office within the preceding 12 months;

4.1.4 A prosecutor shall not be placed or place him or herself in a position where the integrity of the administration of justice could be compromised; and

4.1.5 A prosecutor shall not, personally or through any partner in the practice of law act or be directly or indirectly involved as counsel or solicitor for any person in respect of any offence charged against the person under the laws in force in Ontario, unless it relates to his/her own case.

5.0 Implementation

5.1 All elected representatives of the City of Ottawa shall be provided with a copy of this policy following the conduct of a regular or by-election.

5.2 This policy shall be incorporated into the Human Resources policies with governing the conduct of municipal employees.

5.3 All personnel involved in the administration of the POA program shall be supplied with a copy of this policy.

6.0 Breach

6.1 Breach of this policy by any employee or officer of the City may result in disciplinary action.

Visual identity elements - rules of usage

Background

The City of Ottawa has used three distinct identifiers since its new beginning in January of 2001. While graphic guidelines for these identifiers have been well communicated and made available to staff, some usage areas around third party access to our identifiers has remained unclear and poorly defined when it comes to endorsed policies.

Corporate branding, or more appropriately in this case a visual identity program, is defined as an exercise that creates instant recognition of a corporation, product or service through the consistent application of visual or design elements. As a corporation, the City of Ottawa is challenged with positioning and maintaining their brand in the local, national and international marketplace, while promoting the presence and accessibility of its products and service providers to the citizens of the municipality.

Successful branding depends on the consistent application of established standards. To that end, our Visual Identity Standards Manual has been designed to facilitate the implementation of our program. Adhering to these standards will protect and enhance the corporate brand and ensure that the City of Ottawa is represented in a modern, professional and consistent way.

This standards manual will ensure the consistent branding of the City of Ottawa. It covers most foreseeable situations that may arise in print, promotional materials, vehicles, signage, uniforms, electronic forms, etc. It is intended to help employees and contractors of the City prepare materials easily and more cost effectively while eliminating the guesswork with regard to the application of the corporate brand. It is primarily aimed at employees and suppliers of the City (i.e. communications officers, printers, graphic designers, and suppliers of marketing and promotional items) who are responsible for the coordination and production of a vast range of corporate materials.

The Usage Policy and the Visual Identity Standards Manual are also intended to clarify the use of our identifiers by third parties. The purpose of this policy is to address some irregularities and misappropriate usage related to the use of the City of Ottawa's identifiers.

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Discussion

Municipalities and other local government organizations routinely adopt corporate logos, crests, and emblems as a means of establishing unique visual identities. The City of Ottawa's stylized "Ottawa" wordmark is a prominent example of the municipality's visual identity and serves to distinguish the new City from its predecessors and position the City as a provider of services and programs closest to the community. The preservation of the Arms of Ottawa granted by Governor General Vincent Massey on the other hand provides a ceremonial and visual link to the history and heritage of the city. Together, the "Ottawa" wordmark and the Coat of arms form the basis of a visual identity for the City of Ottawa that looks to the future without ignoring the past. That having been said, each element of this visual identity is to be employed within a particular context. For example, while the wordmark is appropriate for use in the ordinary course of the City's business, the Coat of arms is more appropriately reserved for official matters.

In order to provide consistency in the appearance of the City's visual identifiers, as well as to ensure that each element of the City's visual identity is used within its proper context, it is proposed that a set of standards be kept up-to-date as an evolving working document for both staff and service providers to the Corporation. It is also requested that a Visual Identity Usage Policy be adopted. These standards are necessary not only to preserve the integrity of the City's visual identity elements and ensure its effectiveness, but will also serve to protect them from misappropriation and misuse by third parties. While the attached policy prescribes the general rules governing use of the City's visual identifiers, it also recognizes that it is impossible to set out, in advance, a comprehensive code of use. Accordingly, it is also proposed that the Director of Client Services and Public Information or its designate, be assigned responsibility for administration of the policy so as to address any unaccounted for cases.

One of the most significant functions of the City's visual identifiers is to evoke an immediate public association of a facility, a program or an individual with the municipality. For example, where the public sees the City of Ottawa wordmark used on correspondence, on an employee identification card, or attached to a vehicle, residents should be comfortable in the knowledge that they are dealing with the City administration. The improper use of a City symbol may, at the very least, lead to confusion and misunderstanding. In more extreme cases, the improper application of the City's visual identity may seriously undermine public trust and confidence in the municipality and impugn the integrity of the organization. Accordingly, it is important that the elements of the City's visual identity be protected by formal legal means and by the implementation of policies and graphic guidelines governing their usage by municipal employees and officials. For that reason, the symbols have been copyrighted in the name of the Corporation of the City of Ottawa.

In view of the potential benefits associated with permitting the regulated use of the City of Ottawa wordmark by external organizations, it is proposed that City Council adopt the attached policy to establish the parameters of such use. The "External Use" section of the proposed Visual Identity Policy is intended to clearly define what constitutes improper or unacceptable use of the City's visual identity.

Given the broad range of potential external uses of the wordmark, the Policy further proposes that responsibility for consideration of requests for external use of the City of Ottawa visual identifiers be delegated to the Director of Client Services and Public Information. In the municipalities we consulted across Canada, the practise to define responsibility and authority within the municipal administration and to limit external usage of identifiers, as we are proposing in this policy.

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City of Ottawa Visual Identity Policy

Policy Statement

It is City policy that all employees will abide by the rules governing the use of the City’s identifiers as described in the Visual Identity Manual. It is also understood that third party use of the identifiers seek permission from the Corporation of the City of Ottawa as outlined in this document.

Purpose

The Usage Policy and the Visual Identity Standards Manual are intended to clarify the use of our identifiers by third parties. Some irregularities and misappropriate usage related to the use of the City of Ottawa’s identifiers have been noted.

Application

This Policy applies internally to all City staff, as well as to members of Council within the practice of their duties relating to mandated City business. The usage of City of Ottawa identifiers may be restricted during election campaigns as outlined in the Elections by-law. In this policy, “external use” means use by any person, including any business, organization, association, board, or agency, not forming part of the municipal corporation known as the City of Ottawa. It also includes use in association with a program, service or product not endorsed by the Corporation’s administration and/or City Council.

Policy Description

The various elements of the City of Ottawa’s visual identity provide a graphical representation of the City of Ottawa, its elected officials, and its administration. It affords immediate public recognition of the fact that individuals, events and facilities are formally associated with the municipality. In addition, the City’s new symbols serve as beacons to identify municipal services and clearly show taxpayers’ dollars at work, whether it is in relation to a building, a park, a program, a vehicle, a service or a celebration. The new symbols convey the quality of life, the feelings of growth and hope, and the beauty of our environment and green space. They convey the economic and business strengths of the City and its attraction as a tourist destination. Finally, the various elements of the visual identity respect our role as the National Capital. The cosmopolitan approach of the City’s new visual identity makes a clear statement in introducing the new City of Ottawa as a forward-moving, clean, green and successful place to live, work, play and visit.

In light of this, and to preserve the integrity of the City’s visual identity, City Council has adopted the following policy for use of the City of Ottawa visual identity. This policy serves to establish the parameters governing use of the City’s visual identifiers so as to protect the integrity of the City’s visual identity, ensure consistency in the application of corporate symbols and to ensure that the legal protection afforded to these design elements is not diluted by inappropriate use. In addition, it prescribes a process for the consideration and approval of requests for external use of the City of Ottawa visual identifiers. In light of the official nature of the Coat of arms, its external use is prohibited and the City of Ottawa will not consider requests for use of the Arms of Ottawa.

In order to provide consistency in the application of this policy, the Director of Client Services and Public Information, has been delegated the authority for the consideration and approval of all requests for the external use of the City of Ottawa visual identity.

Internal Use

Coat of arms and Motto

The Coat of arms and motto is a distinguished and official symbol of the City with an elevated status that sets it apart from other elements of the City’s visual identity. As a heraldic device, it is intended for ceremonial applications only. Its use is restricted to key applications tied to the Mayor’s Office, such as the Mayor’s ceremonial stationery, Mayoral Chain of Office, selected proclamations, seals, selected souvenirs and executive gifts.

As a grant of Arms under the authority of the Governor General as Head of the Canadian Heraldic Authority, the Coat of arms may not be modified or altered under any circumstances. The City’s Chief of Protocol administers the rules surrounding the usage of the coat of arms.

"Ottawa" Wordmark

The wordmark will be the identifier most commonly used by the new City of Ottawa and the most visible to the community. Its main objectives are to clearly identify programs, services and facilities provided through municipal tax dollars, endorsed by its administration and City Council while presenting a unified image to the public. This includes, but is not limited to, all stationery and forms, all publications including City programs and services promotional material, newspaper advertisements, facility and other asset signs, staff identification, uniforms, souvenirs, and electronic uses.

The wordmark shall not be altered in any way and shall not be combined with other visual elements so as to create a new symbol or image.

Any new application of the Wordmark should be prepared with the leadership of the Director of Client Services and Public Information or its designate for resolution.

Flag

All City departments and officials may use the flag and flags may be made available for use by the public and external agencies. The City’s Chief of Protocol administers the rules surrounding the usage of flags.

External Use

The stylized “Ottawa” wordmark is an official mark of the City of Ottawa and, as such, enjoys all of the protections afforded by section 9 of the Trade-Marks Act. The external use of the City of Ottawa’s visual identity, without the consent of City Council obtained in accordance with this policy, is expressly prohibited.

Visual identifiers may not be used in any manner that brings the integrity or reputation of the City of Ottawa, its elected representatives, officials or employees, into disrepute. Any such use of the mark is expressly forbidden and shall result in immediately revocation of any permission granted under this policy.

The City of Ottawa’s symbols and its application guidelines are the property of the City of Ottawa. Elements of the City’s visual identity may not be used in connection with a business and may not be employed in such a manner as to suggest the City’s endorsement of, or affiliation with, a product or service, without the express permission of the Director of Client Services and Public Information (see Responsibilities).

Where permission has been obtained to use symbols forming part of the City’s visual identity, the user shall not alter or modify the symbol, cause the symbol to be altered or modified, or combine the symbol with other graphical elements, without the express permission of the Director of Client Services and Public Information. Users shall seek approval of any material by the Director of Client Services and Public Information before proceeding to production and dissemination.

Responsibilities

All requests for external use of any element of the City’s visual identity shall be submitted, in writing, to the Director of Client Services and Public Information. All such requests shall be in a form satisfactory to the Director of Client Services and Public Information and must specifically describe the proposed use, including the context in which the symbol is to be used. Permission to use the City’s visual identifiers is in the sole discretion of the Director of Client Services and Public Information.

Contraventions

Failure to adhere to this Policy will result in a notification from the Client Service and Public Information Branch, with a copy to Legal Services. Subsequent failure to comply would result in action from the City of Ottawa’s Legal Services.

Enquiries

Corporate Communications, 613-580-2424, extension 13103.

Visual Identity Program

Elements of the Visual Identity Program

Ottawa has some official graphic elements that comprise the City's visual identity. These are registered trademarks and cannot be changed.

Wordmark

City of Ottawa - Wordmark

The Ottawa Wordmark is the most commonly used visual element and is used on outdoor signs, vehicles, advertising and printed materials, uniforms and souvenirs. 
Its origins tie into the creation of our flag.
The main purpose of the wordmark is to identify the programs, services and facilities provided through municipal tax dollars and present a unified image to the public. This includes and is not limited to the following: stationery, forms, publications, newspaper advertisements, facility and other asset signs, staff identification/uniforms, souvenirs, vehicles and electronic usages. 

Wordmark usage

Council and city committees, city departments, and boards funded by City of Ottawa ratepayers must use the Wordmark. 

When using the Wordmark please observe the following:
• it cannot be altered in any way
• it must not be combined with other elements to create a new symbol or image.
Colour models and application standards of the Wordmark are detailed in the Visual Identity Manual kept up-to-date by Client Services and Public Information (CSPI). Any requested variation on the standards must be presented to the Director of Client Services and Public Information or designate for review.  

Flag usage 

City of Ottawa - Flag

All departments, Council, committees, boards and commissions may use the flag authorized by Council. Flags will also be available for use by the public.

The standard size for the flag is 183 cm wide by 91 cm tall. It may be reproduced at a smaller or larger size but the proportions of 1:2 must never be altered.

Find out more about the City of Ottawa’s flag.  

Coat of Arms

City of Ottawa - Coat of Arms

On October 20, 1954, the Right Honourable Vincent Massey, C.H., Governor General of Canada, presented to Ottawa City Council the Arms of Ottawa, issued under grant of the Kings of Arms.

The Coat of Arms is a distinguished and official symbol with an elevated status that is set apart from the Wordmark and other marketing and communication tools. It is intended for ceremonial purposes only and its use is restricted to: the Mayor's ceremonial stationery; Mayor's chain of office; selected proclamations; seals; certificates and invitations; selected souvenirs; and, executive gifts.

The Coat of Arms is granted under the authority of the Governor General as the Head of the Canadian Heraldic Authority. It cannot be altered without the Council’s approval. Should any organizations or groups wish to use the Coat of Arms, prior approval must be sought by making application to the Chief of Protocol or his/her designate. Approval must be provided by City. 

Organizational Alignment

On July 13, 2016, City Manager Steve Kanellakos announced changes to the City of Ottawa’s organizational structure with consolidated departments and a smaller, more effective senior leadership team that was endorsed by Council.

The final step of the organizational alignment, which included further changes to the City’s structure, was implemented in early October. These changes included:

  • Flattening management: Managers will have increased accountability, responsibility and more direct-reports
  • Empowering staff: With fewer layers of management, the work of our highly-skilled employees will be more efficient and productivity will increase
  • Stabilizing our workforce: Most acting positions have been confirmed and temporary positions have been reduced
  • Consolidating service areas: Departments have aligned their structures and grouped similar service areas to better support the public
  • Streamlining administration: A Business Support Services (BSS) branch has been created in each department which will serve as the strategic and administrative hub of the organization
  • Delivering services within the Council-established tax target: The corporate efficiency target of $14 million has been realized, addressing the targets in this budget year for both 2017 and 2018

For more information on the organizational alignment, please review Steve Kanellakos’ City Manager’s Message, frequently asked questionsbackgrounders and organizational charts.