Integrity Commissioner

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Integrity Commissioner (By-law No. 2021-7)

Under the Municipal Act, 2001 (the Act), municipalities have authority to appoint various statutory officers to carry out certain functions as described in the legislation. At the City of Ottawa, the Integrity Commissioner (established further to Council’s approval in July 2012) is one of three statutory officers that report directly to City Council, along with the City Manager and Auditor General. The Statutory Officer Recruitment, Appointment and Contract Administration Policy and Procedures are used for recruiting, appointing and administering the contracts for these positions.

Pursuant to Subsection 223.3(1) of the Act, the Integrity Commissioner “reports to council and is responsible for performing in an independent manner the functions assigned by the municipality with respect to any or all of the following:

  1. The application of the code of conduct for members of council and the code of conduct for members of local boards.
  2. The application of any procedures, rules and policies of the municipality and local boards governing the ethical behaviour of members of council and of local boards.
  3. The application of sections 5, 5.1 and 5.2 of the Municipal Conflict of Interest Act to members of council and of local boards.
  4. Requests from members of council and of local boards for advice respecting their obligations under the code of conduct applicable to the member.
  5. Requests from members of council and of local boards for advice respecting their obligations under a procedure, rule or policy of the municipality or of the local board, as the case may be, governing the ethical behaviour of members.
  6. Requests from members of council and of local boards for advice respecting their obligations under the Municipal Conflict of Interest Act.
  7. The provision of educational information to members of council, members of local boards, the municipality and the public about the municipality’s codes of conduct for members of council and members of local boards and about the Municipal Conflict of Interest Act. 2017, c. 10, Sched. 1, s. 19 (1).”

This same subsection authorizes a municipality to appoint the Integrity Commissioner. Subsection 223.3(5) of the Act provides that the Integrity Commissioner “is not required to be a municipal employee.”

The Integrity Commissioner By-law [No. 2021-7] establishes this position and the duties of the Integrity Commissioner, including its statutory powers.

Role of the Integrity Commissioner

The Integrity Commissioner is an independent and impartial officer that reports directly to City Council and whose powers and duties are set out in the Municipal Act, 2001.

The City’s Integrity Commissioner is responsible for:

  • Providing advice to Members of Council and members of local boards respecting their obligations under their respective codes of conduct, the Municipal Conflict of Interest Act (MCIA) or other related policies;
  • Offering education and training to Members of Council, members of local boards, the City administration and the public about the codes of conduct and the MCIA;
  • Resolving complaints related to a potential breach of a code of conduct or the MCIA, either through informal resolution or a formal investigation;
  • Administering the City’s Lobbyist Registry including ensuring compliance with the Lobbyist Registry By-law and the Lobbyist Code of Conduct, investigating complaints, and imposing sanctions, as necessary; and
  • Reviewing the appropriateness of meetings of City Council, a local board or committee that are closed to the public.

Rulings and periodic reports by the Integrity Commissioner are posted on ottawa.ca.

The Commissioner also produces an annual report summarizing complaints, investigations and advice and makes recommendations for any improvements to the accountability process.

City Council approved the establishment of an Integrity Commissioner in July 2012 as part of the City’s Accountability Framework, which contains key elements of governance renewal intended to make municipal government more transparent and accountable.