Administrative policies

Approved By: City Council
Section: City Clerk
Approval Date: November 28, 2007
Effective Date: November 28, 2007
Revision Date: December 3, 2014; December 7, 2022

Policy statement

The City of Ottawa promotes accountable and transparent municipal governance guided by the following principles:

1. Decision-making is open and transparent.
2. Municipal operations are conducted in an ethical and accountable manner.
3. Financial resources and physical infrastructure are managed in an efficient and effective manner.
4. Municipal information is accessible so that it is consistent with legislative requirements.
5. Inquiries, concerns and complaints are responded to in a timely manner.
6. Financial oversight, service standards and performance reporting and all other accountability documents are made available and accessible, in language that the public can understand, to increase the opportunity for public scrutiny and involvement in municipal operations.
7. Every new delegation of power or authority will have a corresponding accountability mechanism.

Purpose

This policy provides guidance on how the City of Ottawa ensures municipal matters and operations are approached in an accountable and transparent manner, with emphasis on openness, ethics, service excellence, performance outcomes and fiscal responsibility.

Subsection 270(1)(5) of the Municipal Act, 2001 provides that a municipality shall adopt and maintain policies with respect to the “manner in which the municipality will try to ensure that it is accountable to the public for its actions, and the manner in which the municipality will try to ensure that its actions are transparent to the public”.

Application

This policy applies to all City of Ottawa operations and its employees, including Members of Council.

Policy requirements

The City of Ottawa’s commitment to accountability and transparency ensures sound governance and sustainability by way of various policies, procedures and practices that have been divided into the following six categories:

Section 1 - Legislated requirements

The City of Ottawa is accountable and transparent to the public by fulfilling various legislated responsibilities and disclosure of information. The following are some of the provincial statutes that govern how the City conducts its business in a public, accountable and transparent manner:

1. City of Ottawa Act, 1999
2. Municipal Act, 2001
3. Municipal Conflict of Interest Act
4. Municipal Elections Act, 1996
5. Provincial Offences Act
6. Municipal Freedom of Information and Protection of Privacy Act
7. Personal Health Information Protection Act, 2004
8. Personal Information Protection and Electronic Documents Act
9. Public Sector Salary Disclosure Act, 1996
10. Bill 168, Occupational Health and Safety Amendment Act (Violence and Harassment in the Workplace) 2009
11. Accessibility for Ontarians with Disabilities Act, 2005

In addition to the above, there are various provincial and federal statutes that govern the operations of the City and its services.

Section 2 - Financial accountability, oversight and reporting

The City of Ottawa is accountable and transparent to the public by identifying the source of City funds and how those funds are used to deliver services. The following policies, procedures and practices demonstrate the City of Ottawa’s best-practice financial accountability and oversight and reporting mechanisms, including but not limited to:

1. External Auditor, annual financial statements and disclosure of the City's credit ratings
2. Auditor General’s Office, its Annual Plan, audit plans and reporting, and the Fraud and Waste Policy
3. Annual Year End Disposition Reports
4. Long Range Financial Plans, including Housing
5. Operating and Capital Budget Status Reports
6. Delegation of Authority By-law and reporting
7. Procurement By-law and reporting
8. Budget Development, Monitoring and Reporting Policy and financial-related policies and procedures
9. Comprehensive Asset Management Policy, Asset Management Plans and reporting
10. Real Property policies and procedures
11. Corporate Sponsorship and Advertising Policy

Section 3 - Performance measurement and reporting

The City of Ottawa is accountable to the public by using various results-orientated tools to measure progress on performance and the achievement of corporate service standards and goals. The City of Ottawa is committed to producing performance information that measures how the City is doing in all areas over which it has responsibility, from financial reporting to human resource management to service delivery, including but not limited to:

1. City Strategic Plan and Term of Council Priorities
2. Service specific reporting at the departmental or service area level

Section 4 - Open government

The City of Ottawa is accountable and transparent to the public by providing governance in an open manner through communication, consultation, and collaboration. The following are some of the policies, procedures and practices that ensure the City is transparent in its operations and residents are aware of how decisions are made and carried out:

1. Council Procedure By-law and Advisory Committee Procedure By-law
2. Public access to Council and Committee agenda meeting documentation, and attendance at open meetings
3. Appointment Policy (Recruitment and Selection of members of Advisory Committees, Boards and Task Forces, and External Boards, Commissions and Authorities)
4. Public Notice By-law
5. Delegation of Powers Policy and Delegation of Authority By-law
6. Bilingualism Policy
7. Public Engagement Strategy, including Engage Ottawa and online engagement tools
8. Accessibility Policy and Accessible Formats and Communication Supports Procedure
9. Open meeting procedures including a process of rising and reporting following closed sessions
10. Routine Disclosure and Active Dissemination Policy and departmental plans
11. Personal Information Banks
12. Adherence to the principles of Open Government and the Open Data Policy, including making data available through Open Ottawa
13. Proactive disclosure of executed contracts with a value of $100,000 or more that were not a result of public procurement, as well as contracts resulting from a public procurement exercise that are of significant public interest
14. Public disclosure of Access to Information Requests under the Municipal Freedom of Information and Protection of Privacy Act
15. Annual proactive disclosure of events hosted by the Office of Protocol and Intergovernmental Affairs, as well as gifts presented on behalf of the City through the Office of Protocol

Section 5 - Internal accountability and ethical standards

The City of Ottawa has established by-laws, policies, procedures and practices that govern internal accountability and ethical standards for the City of Ottawa, including but not limited to:

1. Employee Code of Conduct
2. Alcohol and Drugs in the Workplace Policy
3. Discipline Policy
4. Employment of Family Members Policy
5. Responsible Computing Policy
6. Leave of Absence, Accumulated Sick Leave, Overtime and work-related policies
7. Election-Related Resources Policy and Election-Related Blackout Period Procedures
8. Corporate Complaints Handling Policy
9. Occupational Health and Safety Policy
10. Workplace Violence and Harassment Policy
11. Equity and Diversity Policy
12. Records Management Policy and Records Retention and Disposition By-law
13. Information Security Policy
14. Ethical Purchasing Policy and Contract Administration Policy
15. Legal Indemnification Policy
16. Personal Use of City Vehicles Policy
17. Statutory Officer Recruitment, Appointment and Contract Administration Policy and Procedures

Section 6 - City Council’s Accountability Framework

Ottawa City Council has demonstrated its commitment to accountability and transparency through the implementation of various integrity officers and additional policies and practices, including but not limited to: 

1. Proactive disclosure of the office expenses of Members of Council;
2. Appointment of an Integrity Commissioner to whom Council has also designated the role of Lobbyist Registrar and Meetings Investigator;
3. Adoption of a Code of Conduct for Members of Council, Code of Conduct for Advisory Committee Members, and Code of Conduct for Citizen Members of the Built Heritage Committee, and associated complaint processes; 
4. Quarterly disclosure by Members of Council through an online Gifts Registry of all gifts, benefits and hospitality received which individually exceed $100 from one source in a calendar year (save for some exceptions);
5. Quarterly disclosure by Members of Council through an online Gifts Registry of all tickets received which individually exceed $30 from one source in a calendar year (save for some exceptions);
6. Online public registry of declarations of interests, under the Municipal Conflict of Interest Act, for declarations filed by Members of Council and members of local boards, including investigation protocols for perceived violations
7. Adoption of the Community, Fundraising and Special Events Policy, Council Expense Policy, Advisory Committee Participation Expense Policy, and Council-Staff Relations Policy
8. Enactment of a Lobbyist Registry By-law including a Lobbyist Code of Conduct, and the establishment of a Lobbyist Registry 
9. Integrity Commissioner’s Annual Report and public release of investigation reports as required.

The City’s commitment to conducting its business in an open and transparent manner is an important and progressive initiative. The City will continue to demonstrate its commitment through the implementation of new policies, procedures and practices that may not be referenced in this policy.

Responsibilities

City Council and City staff are responsible for adhering to the parameters of this policy and for ensuring accountability for their actions and transparency of municipal matters and operations.

Monitoring/contraventions

The City Clerk shall be responsible for receiving complaints and/or concerns related to this policy. Upon receipt of a complaint and/or concern, the City Clerk shall notify:

1. In the case of staff, the Department Head, General Manager or Director responsible for the area and the Director, Human Resources
2. In the case of a closed meeting, the Meetings Investigator
3. In the case of Council or a Member of Council, the Head of Council or as set out in the applicable Code, by-law or policy.

Legislative and administrative authorities

Section 270 of the Municipal Act, 2001 as amended requires that the City adopt and maintain a policy with respect to ensuring accountability and transparency. The Accountability and Transparency Policy identifies the legislation, policies, procedures and practices that the City complies with in order to promote accountability and transparency.

Recordkeeping requirements

As per the Records Management Policy, Official Business Records generated as a result of the execution of this policy must be declared as such in the appropriate SharePoint site, RMS (Records Management System) or approved business system.

Definitions

Accountability – The principle that the municipality is obligated to demonstrate and take responsibility for its actions, decisions and policies and that it is answerable to the public at large.

Transparency – The principle that the municipality will conduct its business in an accessible, clear and visible manner and that its activities are open to review by the public, fostering trust in government and improving service delivery. 

Enquiries

Office of the City Clerk
City of Ottawa
Telephone: 3-1-1 (TTY: 613-580-2401)

Approved By: City Council
Approval Date: March 28, 2001
Effective Date: March 28, 2001
Revision Approved By: City Council
Revision/Review Date: December 5, 2018; December 7, 2022

Policy statement

The Participation Expense Policy is a City of Ottawa policy regarding reimbursement of expenses incurred by voting members of Advisory Committees and Built Heritage Committee. Reserve Members are eligible for reimbursements.

Purpose

The purpose of the Advisory Committee Participation Expense policy is to define what expenses shall be reimbursed. This policy also provides conditions for reimbursements and identifies who is eligible to receive reimbursements, and any applicable limits.

Application

This policy applies to public members of advisory committees and Built Heritage Committee.

Policy requirements

Reimbursement policy

To be eligible for reimbursement for expenses incurred for a particular meeting:

• The member must be a voting member;
• The meeting must be an official meeting (defined below);
• The member’s attendance must be recorded in the confirmed minutes for that meeting; and
• The member must submit proof of payment as described in this policy.

The following expenses are eligible for reimbursement:

1. Parking expenses.  Members are encouraged to park at City facilities so that their parking can be validated by the Committee Coordinator. Because proof of payment is required, parking meters that do not issue a ticket or receipt are not eligible.
2. Dependant care expenses, up to a maximum of $15.00 per hour. The amount payable will be calculated by the start and end time of the meeting, recorded in the confirmed minutes, plus up to a maximum of one hour for traveling time. The calculation is the same regardless of the number of dependents.
3. Specialized dependant care expenses (for persons with exceptional needs), up to a maximum of $40.00 per hour. The amount payable will be calculated by the start and end time of the meeting, recorded in the confirmed minutes, plus up to a maximum of one hour for traveling time.
   
   1. Conventional transit single-ride fare / Para Transpo single-ride fare. Conventional transit passes or ParaPasses are not eligible. A bus transfer or copy of a Presto e-Purse usage report must be provided as proof of payment for a conventional transit fare.
   2. A copy of a ParaPurse usage report must be provided as proof of payment for a Para Transpo fare. For cash fares, written details of the trip (including client number, date, time, pick-up and drop-off locations) are also accepted. The details may be validated with Para Transpo Customer Service prior to issuing a reimbursement.
4. As an accommodation for members with mobility limitations that would ordinarily take Para Transpo, reimbursement of an Accessible Taxi or Private Transportation Company (PTC) fare will be provided if a member is unable to secure Para Transpo. Proof of payment is required.
5. Mileage for members using a personal vehicle to attend official meetings will be eligible at the rate provided to City of Ottawa staff (currently the rate of $0.54/km). The relevant mileage form must be submitted.
6. Members are expected to consider the most economical modes of travel as may be practical for their particular situation.

Out of pocket expenses not provided for within this policy are not eligible for reimbursement.

Specifically, the following expenses are not eligible:

1. Meals or refreshments.
2. Costs incurred for meetings with Community Groups, Members of Council, staff, citizens or otherwise.  Some form of reimbursement may be available from the meeting's host.  However, as noted under the definition of “official meeting,” below, Chairs may claim eligible expenses listed in Section 1 for meetings where they were requested to attend on behalf of their committee/Commission.
3. Reimbursement for other expenses incurred to perform the duties of the members will not be eligible, including reimbursement for office supplies, technology or telephone expenses.

Limitations of the Policy

1. The staff of the Office of the City Clerk shall review and may refuse to reimburse any expenses submitted if they do not comply with this policy.
2. If a member submits fraudulent claims for participation expenses, the Office of the City Clerk may refuse to reimburse the specific individual; and/or may refer the incident to Corporate Security or the appropriate authorities.

Responsibilities

Advisory Committee Members must provide an original receipt or mileage form before they are reimbursed.

All Committee Coordinators are responsible for administering the policy and ensuring that Members who submit expenses comply with the Policy.

In the event of a dispute, the City Clerk, or their designate, shall review the reimbursement request and advise the requesting member of the City Clerk’s final decision.

Monitoring/Contraventions

All reimbursement claims are submitted on a form, which must be authorized for payment by the Manager, Committee and Council Services.

The Office of the City Clerk shall monitor and audit claims on an ad hoc basis to ensure the policy is being applied consistently and to assist in ensuring that reimbursement requests are not fraudulent.

Any fraudulent claims shall be referred to the City’s Corporate Security office and/or other appropriate authority(ies).

References

N/A

Legislative and administrative authorities

Proposed Advisory and Quasi-Judicial Committee and Task Force Structure (ACS2001-CRS-SEC-0016) as approved by City Council March 28, 2001

Status of External Boards, Commissions and Authorities  (ACS2001-CRS-SEC-0015) as approved by City Council March 28, 2001

Status of External Boards, Commissions and Authorities – Update (ACS2002-CRS-SEC-0015) as approved by City Council April 10, 2002

Annual Review of Advisory Committees – Structure, Policies and Process (ACS2002-CRS-SEC-0061) as approved by City Council August 28, 2002

Council Governance Review – 2003-2006 Council (ACS2003-CRS-SEC-0059) as approved by City Council December 3, 2003 and December 10, 2003.

Advisory Committee Procedure By-law, Appointment Policy and Participation Expense Policy Mid-Term Review (ACS2006-CRS-SEC-0005) as approved by City Council January 25, 2006.

2006-2010 Council Governance Review (ACS2006-CMO-OCM-0012) as approved by City Council December 6, 2006

2010-2014 Council Governance Review (ACS2010-CMR-CCB-0106) as approved by City Council December 8, 2010

Advisory Committee Renewal to Support Term of Council Priorities (ACS2012-CMR-CCB-0032) Council September 12, 2012

2018-2022 Council Governance Review (ACS2018-CCS-GEN-0028) as approved by City Council December 5, 2018

2022-2026 Council Governance Review (ACS2022-OCC-GEN-0030) as approved by City Council on December 7, 2022

Recordkeeping requirements

As per the Records Management Policy, Official Business Records generated as a result of the execution of this policy must be declared as such in the appropriate SharePoint site, RMS (Records Management System) or approved business system.

Definitions

Official Meeting: is defined as one of the following:

• a regular or special meeting of the Advisory Committee, called pursuant to the Advisory Committee Rules of Procedure,
• a meeting where a motion and/or minutes exist(s) that show the member (typically the Chair) was specifically requested to attend on behalf of the Committee on a day and time outside of a regularly scheduled Advisory Committee meeting;
• a Standing Committee meeting where an official designate of the Advisory Committee makes a presentation to the standing committee.

Attendance: A public member is present at a meeting if they attend the meeting and their attendance is recorded in the confirmed minutes.

Dependant care with exceptional needs:  A dependant, whether an adult or a child, who has exceptional needs if the member provides a certificate signed by a physician, which states that the dependant requires specialized care during the member's absence from the home.

Disabled persons' expense: is defined as an expense, which must be incurred in order to provide a service without which the Member cannot participate in the meeting because of the Member's disability. Such expenses include the cost of intervenors, interpreters, real-time captioning or Braille text.

Bus Fare/Para Transpo Fare: Any extra single-ride transit fare incurred by a member to attend the meeting.  A bus transfer or receipt is acceptable proof of payment.

Mileage: Mileage claimed shall be validated by the Committee Coordinator on the basis of the shortest distance to and from the meeting from work, home, or the next closest destination of the member.

Parking:  Parking includes the cost of storing a personal vehicle, and excludes parking tickets incurred as a result of parking contraventions.

Reserve Member: means a resident who was approved by Council as a reserve members who may be later appointed to fill a vacancy on the committee for which they are on the reserve list.  A Reserve Member may request to participate in a meeting, but participation is purely voluntary.

Enquiries

For more information on this policy, contact:

Manager, Committee and Council Services
Office of the City Clerk
City of Ottawa
110 Laurier Avenue West
Ottawa, Ontario  K1P 1J1
(613) 580- 2424 – Ext. 28136
committees@ottawa.ca

Appendices

N/A

Approved By: City Council
Approval Date: March 28, 2001
Effective Date: March 28, 2001
Revision Approved By: City Council
Revision/Review Date: December 9, 2020; December 7, 2022

Policy statement

The Appointment Policy governs the recruitment and selection process for all Council-appointed public members to various City of Ottawa committees, boards, task forces, sub-committees, commissions and quasi-judicial committees, as well as external boards and commissions.

Purpose

The City of Ottawa is committed to equitable and inclusive participation of the public in boards and committees and other bodies that govern and inform its work.

The City of Ottawa is committed to increasing meaningful and substantive representation by focusing on activities that will promote engagement with a diversity of communities to serve as members on City committees, boards, task forces, sub-committees, commissions and quasi-judicial committees, as well as external boards and commissions.

To encourage participation, the City will adopt proactive communications, policies and focused recruitment strategies that align with the City’s Accessibility Policy, Women and Gender Equity Strategy, and Anti-Racism Strategy. This proactive approach is adopted with the purpose of reflecting Ottawa’s diverse demography inclusive of Indigenous peoples, members of Black and other racialized communities, persons with disabilities, women, gender diverse people, members of the 2SLGBTQQIA+ communities, Francophones, as well as French speakers, and speakers of other language groups, and people from rural and urban locations.

Application

The following applies for the public member appointments by City Council to City committees, boards, task forces, sub-committees, commissions and quasi-judicial committees, as well as external boards and commissions where Council is required to make such appointments.

Policy requirements

Qualifications of Members

1. All Council-appointees must be residents of the City of Ottawa and must maintain this qualification during their term of office.
2. All Council-appointees must be at least 18 years of age.
3. Employees of the City of Ottawa are not eligible for positions as public members on any City committee or board where Council is required to make such appointments.

Term of Office

1. The term of office is generally two or four years and membership is tied to the Term of Council.  Members are eligible to serve up to eight consecutive years on the same committee or board subject to section 2.2, 2.3 and 2.5 of this policy. For example, a member may serve two consecutive four-year terms. A member could also serve a two-year term, followed by a four-year term, followed by another two-year term.
2. A person appointed to fill a partially completed term is appointed to the end of that term of office. Such a member, if initially appointed for one year or less, may be eligible for reappointment(s) for up to eight additional years.
3. Applicants are required to sit out at least one year after serving eight consecutive years, before being eligible for reappointment on the same committee or board, although they may apply to serve on another Committee or board during that time.
4. Those members who wish to be reappointed to an additional term must reapply and go through the approved selection process.
5. Public members may serve on only one committee or board at any one time.
6. Terms of office, qualifications and membership on some external boards, commissions and authorities or quasi-judicial committees may differ as specifically outlined in their governing statutes or by-laws, which would take precedence over this policy.
7. The restriction on term limits does not apply to appointments to Conservation Authorities (Report ACS2006-CRS-CCB-0005 approved by Council January 25, 2006).
8. Members may continue to serve on a committee/board past the expiration of their term until they are re-appointed or replaced (subject to the end-of-term governance review).
9. Members of any Advisory Committee shall attend at least one (1) orientation session, that includes an overview of equity, anti-racism, gender equity inclusion and accessibility, participate in any mandatory training as may be required by Council.
10. Members of any Advisory Committee must read and sign the Advisory Committee members’ Code of Conduct. 

Composition

1. The membership of City committees, boards, task forces, sub-committees, commissions and quasi-judicial committees, as well as external boards and commissions shall, as much as possible, achieve a balance between a variety of technical expertise, professional and lived experiences, knowledge and other representation.
2. As much as possible, the membership should reflect the diversity and demographics of the City of Ottawa in such areas as Indigeneity, disability, gender, francophones and other languages, geographic representation and race.
3. Appointments should be undertaken with a view to achieving the City of Ottawa’s goal to have a 50 per cent representation of women and/or non-binary people, and to have representation from other equity deserving groups including those who identify as Indigenous, Black, racialized, People with disabilities, and 2SLGBTQ+ individuals on all City Advisory Committees. 

Recruitment

1. The recruitment for the City’s committees, boards, task forces, sub-committees, commissions and quasi-judicial committees, as well as external boards and commissions for which members are required, shall be held early in each Term of Council and, if required, at approximately mid-term.
2. The principles of equity and inclusion for all candidates shall be adopted and implemented by offering clear application deadlines, an inclusive campaign strategy, and selection process with build-in bias awareness, and interviewing procedures using the same questions and same evaluation criteria for all candidates, while integrating inclusive practices to accommodate diverse communication needs and styles.
3. The recruitment and selection process for public members will include advertisements for interested applicants placed by the Office of the City Clerk, in the daily and/or weekly community newspapers in accordance with the City’s advertising policy as well as on the City’s website.  Advertisements will also be distributed throughout Client Service Centres, libraries, and other City and community facilities as resources permit. In addition, an effort will be made to tailor the recruitment process specifically, but not exclusively, to reach community organizations that support diverse members from Indigenous, Black and other racialized communities. The recruitment process may also be targeted to groups that might have qualifications relevant to specific committees. For example, professional associations for architects, professional planners, and lawyers may be targeted, as well as related affinity groups.
4. The advertisements may include the following information:
   
   1. Function or brief mandate statement of the entities for which recruitment is taking place;
   2. Frequency and time of meetings and where possible any other expectations for participation of members;
   3. City policies that guide the selection process or the operation of the Committee;
   4. Anticipated time commitment;
   5. Information on how to submit an application;
   6. Requesting applicants apply only for the committees/boards they wish to serve on rather than applying to all;
   7. Indication that an individual can be appointed to serve on only one committee, board, task force, sub-committee, commission or quasi-judicial committee, external board or commission at a time;
   8. The opportunity to have accommodation provided in accordance with human rights or applicable legislation.
5. Applications:
   
   1. All applications must outline how the applicant's qualifications, specific skills, interests and background are relevant to the committee.  Applicants may include a written or video statement of work, life and educational experience and/or a resume, but are not required to do so.
   2. All applications will be sent to the Office of the City Clerk to be processed.
   3. All applications will be acknowledged by the Office of the City Clerk.
   4. An initial screening of applications will be conducted.  Only those meeting the qualifications set out in Section 1 will be brought forward to the next stage.
   5. All applications must be received by the published deadline in order to be considered.
   6. Applicants shall be encouraged to apply for only the committees/boards they wish to serve on rather than applying to many or all.
   7. Should an applicant choose to apply to more than one committee/board, they will be requested to prioritize their preferences.
   8. All applications received during a Term of Council will be held on file for the remainder of that Term of Council.
6. Selection
   
   1. At the outset of each new term of Council, City Council, upon recommendation of the Nominating Committee will appoint a minimum of two members of Council to sit on each Selection Panel to review applications and make recommendations to Council. If necessary throughout the term of Council, the applicable Standing Committee or the Nominating Committee will recommend Selection Panel members to City Council.
   2. The Committee Coordinator for the Committee will provide advice and assistance to the Selection Panel, including provision of resources to support bias-awareness in the selection process.
   3. Each Selection Panel may meet to determine selection criteria based on the specific expertise and experiences needed by the committee, board, external board or commission and the need to reflect the community as detailed under the entity's composition; prepare questions including questions on equity, diversity and inclusion to be asked of each candidate during interviews, and review applications based on these criteria to determine which applicants will be interviewed. It is recommended that each Selection Panel to conduct interviews when considering the appointment of new candidates to a committee or board, as well as those who may be applying for re-appointment. If the Selection Panel elects to proceed with interviews, all applicants considered for appointment must be interviewed, including those applying for re-appointment.
   4. The Selection Panel shall recommend appointments and may recommend a list of reserve members.
   5. In the case of a vacancy during the term, the selection panel may, with a view to maintaining the appropriate demographic and skill balance on the committee as whole:
      
      1. Select a Council-appointed reserve member (under its delegated authority), and/ or
      2. Recommend that Council appoint any candidate who submitted an application during the current Term of Council.
   6. The Office of the City Clerk shall forward the Selection Panel recommendations through a public report to the relevant Standing Committee and/ or Council.
   7. The Office of the City Clerk shall advise all applicants of the status of their applications, and publish the appointments on the City’s website: Committees and Boards | City of Ottawa.
   8. Should the Selection Panel receive insufficient applications to fill the number of vacancies, the Selection Panel may request that the Office of the City Clerk carry out additional recruitment, extend the application deadline of an ongoing recruitment, and/or undertake a targeted recruitment process that includes outreach to specific organizations.

Attendance

1. Any member of a City committee, board, task force, sub-committee, commission, quasi-judicial committee, external board or commission who is absent from two (2) consecutive regularly scheduled meetings of the committee, shall be contacted by the committee/board Coordinator to confirm their commitment, and offer any relevant accommodations as required so they can fulfill their commitment.
2. Should the member miss another consecutive meeting, without being authorized to do so by a resolution of the Committee, the seat shall be declared vacant and the selection panel shall choose a qualified reserve member for that committee/board to fill the vacancy.
3. If no reserve members remain to fill the position, then the seat shall remain vacant until the next recruitment process.  Recruitment shall only be undertaken at another time than the normal process if the number of members on the committee falls to one above quorum, or there is a need to fill vacancies on numerous committees/boards in that the associated costs and staff resources are justified.
4. For record and information purposes, the Committee Coordinator will prepare and distribute an "Information Previously Distributed" memorandum to the applicable Standing Committee noting the appointment of the reserve member as a full voting member.

Subcommittees/Working Groups

1. City advisory committees and boards may create subcommittees or working groups to work on specific areas of their mandate.  At least one third of the subcommittee’s or working group’s members must also be a voting committee members of the main committee or board.
2. Minimal administrative support will be provided to subcommittees and is limited to booking rooms and the provision of material if necessary.

Exceptions

1. This Policy shall not apply to incorporated boards where the City is the sole-shareholder (such as Hydro, Ottawa Community Housing Corporation,) or to boards where the Mayor is delegated the authority to make nominations (such as the Ottawa Airport Authority).
2. Certain provisions of this Policy may not apply where they are in conflict with the requirements set out in legislation, including but not limited to the Public Libraries Act, Police Services Act and the Conservation Authorities Act.

Responsibilities

The Office of the City Clerk is responsible for the administration of appointments to Advisory Committees, Boards and Task Forces, and External Boards, Commissions and Authorities, in accordance with this policy. This includes administering requests for accommodation.

Selection Panels are responsible for reviewing and make recommendations to Council in accordance with this policy.

Monitoring/Contraventions

Failure to comply with this policy may result in inconsistent response, coordination and appointment of public members on City of Ottawa committees, boards, task forces, sub-committees, commissions and quasi-judicial committees, as well as external boards and commissions. Inconsistent application may hinder the objectives of open, accessible and impartial practice with respect to public member appointments.

References

N/A

Legislative and Administrative Authorities

2018-2022 Council Governance Review (ACS2018-CCS-GEN-0028) as approved by City Council December 5, 2018

2018-2022 Mid-term Governance Review (ACS2020-OCC-GEN-0006) as approved by City Council on December 9, 2020

2022-2026 Council Governance Review (ACS2022-OCC-GEN-0030) as approved by City Council on December 7, 2022

Recordkeeping requirements

As per the Records Management Policy, Official Business Records generated as a result of the execution of this policy must be declared as such in the appropriate SharePoint site, RMS (Records Management System) or approved business system.

Definitions

N/A

Enquiries

Enquiries should be directed to:

Office of the City Clerk
City of Ottawa
110 Laurier Avenue, West
Ottawa, Ontario  K1P 1J1
Tel: (613) 580-2424 ext. 28136
committees@ottawa.ca

Appendices

N/A

Reference No: ACS2001-CMS-OCM-0002
Originating Department: Secretariat Services 
Effective Date: May 9, 2001
Revision Date: November 15, 2004
Revision Approved By: Corporate Services
Review Date: May 22, 2015
Review Approved By: Corporate Programs and Business Services

Declaration of Principle

The City of Ottawa recognizes both official languages as having the same rights, status and privileges.

To this end, the City of Ottawa must:

Language of Work

• Encourage employees to work in the official language of their choice;
• Provide appropriate language training;
• Provide assistance to employees who must or wish to write in French;
• Develop and organize training programs in both official languages.

Language of Service

• Take the necessary steps to provide at all times the appropriate number of bilingual employees within work units;
• By appointing employees meeting the language requirements of the unit where the vacancy occurs or by providing language training to new incumbents.

If a unilingual employee hired prior to January 1, 2001, from the former municipalities of the Region of Ottawa-Carleton, Ottawa, West Carleton, Goulbourn, Kanata, Rideau, Nepean, Osgoode, Gloucester, Cumberland, Vanier or Rockcliffe Park, applies for a position designated bilingual and is appointed to that position; the appointment will be for a period of not less than six months; the employee must however undergo language training.

The appointment will be confirmed if it is determined that the employee is able to become, and is making reasonable efforts to become, proficient in the second language; if not, the employee will revert to his/her former classification.

Employees hired after January 1, 2001 and outside candidates must meet the posted language requirements.

The career development of employees hired after January 1, 2001 could be related to their language skills.

Cultural Programs

• Ensure that cultural programs aimed at one official language group be developed by employees having full knowledge of the appropriate culture.

Complaints

• The Secretariat Services Branch (French Language Services Division) will follow up on citizens' complaints concerning services in both official languages.

Communication

• That all documents published by the City of Ottawa or its agencies and intended for the public (internal and external), be published in both official languages.

General Policy

Language Training

Professional Training

Work Units

Written Communication

Staffing

Translation

Language of Supervision

Complaints

References

• Career Management Centre
• Staffing and Recruitment Policy
• Corporate Tool Kit

Legislated and Administrative Authorities

• City of Ottawa Act, Ontario, 1999
• French Language Services Act, Ontario, 1989
• City Council, May 9th, 2001
• City Council, February 27th, 2002
• City Council, November 27th, 2002

Key Word Search

• Bilingualism
• Francophone
• Professional training
• Work instruments
• Work units

Contact

For more information on this policy, contact:

French Language Services Branch
Office of City Clerk
City of Ottawa
dsf-flsd@ottawa.ca

Approved By: City Council
Category: Office of the Integrity Commissioner and Office of the City Clerk
Approval Date: May 8, 2013
Effective Date: July 1, 2013
Revision Date: February 1, 2021 (Housekeeping revisions); December 14, 2022

Policy statement

The City of Ottawa is committed to conducting City business in an open and transparent manner. The Community, Fundraising and Special Events Policy balances the role of Members of Council as civic leaders with the need to both provide transparency regarding their involvement in community and benevolent activities and carry out their community service in a manner that promotes public confidence.

Purpose

This policy provides guidance to Members of Council on soliciting and accepting donations and sponsorships for Member-organized community events and supporting benevolent events.

Application

This policy applies to all Members of Council.

Scope

This policy supplements the Code of Conduct for Members of Council and the Council Expense Policy and is not intended to affect the entitlement of a Member of Council to:

• Use their Constituency Services Budget to run or support community events subject to the terms of the Council Expense Policy;
• Urge constituents, businesses and other groups to support community events staged by others in the Member’s ward or elsewhere in the city;
• Play an advisory or membership role in any organization staging community events in the Member’s ward; and
• Participate with the City and its agencies in staging of community events.

Policy requirements

Council Member-organized community events

There are cases where Members seek and receive donations or sponsorships to organize events that benefit their ward, the city or a local charity. For the purposes of this and related policies, these are termed ‘benevolent activities’. Where Members undertake a benevolent activity, Members shall:

• Open a City account with the Program Manager, Council Support Services;
• Account for all funds, goods and services donated, including a list of all individuals and organizations who donated;
• Account for all expenses and distributions undertaken for that activity;
• Not solicit or accept donations from lobbyists or their clients or their employees with active registrations in the City's Lobbyist Registry without pre-approval from the Integrity Commissioner;
• Not use any funds, goods or services received for the benevolent activity for any other purpose;
• Report on these activities as part of Public Disclosure, in a manner and for prescribed by the City Clerk, on an annual basis in recognition of the fact that preparation for a benevolent activity can take several months; and
• In an election year, a Member of Council must not seek donations and sponsorships for any community event that has not been staged in the previous two years nor accept donations or stage any new community event supported by donations and sponsorships after they have filed nomination papers for election to any office in the City of Ottawa. Exemptions may be granted on a case-by-case basis with the approval of the Integrity Commissioner.
  A community event is considered to have been staged in the previous two years if it meets the following criteria:
  • has a very similar, if not the same, event name/title
  • takes place at approximately the same time
  • has the same general purpose;
• In the case of repeat annual events, a reasonable operational amount may carry over to a subsequent year; and
• At end of a Member’s term, any funds remaining in such accounts shall revert to the appropriate charity or organization or to the Council Administration Budget in the same manner as a surplus of a Member’s Constituency Budget as the case may be.

Support for benevolent activities and events

Members of Council are called upon to assist and support various charities, service clubs, and other non-profit and community-based associations. For example, Members support their communities in a variety of ways including, but not limited to:

• accepting honourary roles in organizations;
• lending their names to organization and events to assist in fundraising; and
• encouraging community and corporate donations to registered charitable, not-for-profit, or other community-based groups.

As civic leaders and public office holders, Members of Council supporting community endeavours and projects must also exhibit transparency with their involvement and carry out their community service in a manner that promotes public confidence. Members of Council shall not use the influence their office for any other purpose than the lawful exercise of their official duties and for municipal purposes.

When considering whether to support a third party by organizing a fundraiser or benevolent event Members of Council shall disclose all material facts to the Integrity Commissioner and obtain a written opinion from the Integrity Commissioner approving the activity, which concludes that the Member does not have a conflict between their private interest and public duty.

In circumstances where the Integrity Commissioner has provided a written opinion approving the activity, the Member shall:

• Ensure that they or their staffs do not directly solicit any funds, nor that they receive any funds that are solicited by the organization;
• Ensure that all donations shall be payable directly to the organization and all in kind donations will go directly to the organization;
• Ensure that their commitment and support does not require significant staff time and/or City resources;
• Not participate directly in decisions on the disbursement of funds or in the determination of the beneficiaries of the funds and remain at arm’s length from the financial aspects of these external events without pre-approval from the Integrity Commissioner; and
• Ensure that if more than $25,000 in funds net of expenses is raised, the organization is encouraged to publicly disclose audited statements, which should include a list of receipts, expenses, donors and disbursements to beneficiaries.

Responsibilities

Members of Council are required to adhere to this policy and its governing provisions.

The Integrity Commissioner will provide guidance when requested, as set out in the policy.

Monitoring/Contraventions

The Integrity Commissioner shall be responsible for receiving complaints and/or concerns related to this policy. Upon receipt of a complaint and/or concern, the Integrity Commissioner shall respond to the complaint and/or concern accordingly.

Where there is a discrepancy between the Community, Fundraising and Special Events Policy and the Code of Conduct for Members of Council, the language of the Code prevails.

References

Code of Conduct for Members of Council

Council Expense Policy

Election-Related Resources Policy

Election-Related Blackout Period Procedures

Lobbyist Registry By-law

Legislative and administrative authorities

Section 223.3 of the Municipal Act, 2001 authorizes City Council to assign functions to the Integrity Commissioner in respect of:

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.

Recordkeeping requirements

As per the Records Management Policy, Official Business Records generated as a result of the execution of this policy must be declared as such in the appropriate SharePoint site, RMS (Records Management System) or approved business system.

Definitions

Benevolent activity: An event or cause in which funds are raised for charity and not for profit.

Donation: A voluntary gift (i.e. financial contribution) for which the donor receives no direct benefit of any kind.

In-kind donation: A voluntary gift of goods or services for which the donor receives no direct benefit of any kind.

Sponsorship: A financial contribution to an event, recognized by the Member in publications and/or in the course of the event.

Enquiries

Integrity Commissioner
Office of the Integrity Commissioner
City of Ottawa
Telephone: 3-1-1 (TTY: 613-580-2401)
Email: integrity@ottawa.ca

Comprehensive Asset Management Policy [ PDF - 396 KB ]

Policy Statement

The City of Ottawa shall adopt and apply recognized asset management (AM) practices in support of delivering services to its customers.

Purpose

The objective of this policy is to detail the AM program principles with the aim of:

• Striving to deliver services at approved levels of service;
• Improving decision-making accountability and transparency;
• Better demonstrating the long term consideration of short term decisions;
• Improving customer service;
• Reducing the life cycle costs while maintaining acceptable levels of service; and
• Linking infrastructure investment decisions to service outcomes.

Definition

Comprehensive Asset Management (CAM) is an integrated business approach involving planning, finance, engineering, maintenance and operations geared towards effectively managing existing and new infrastructure to maximize benefits, reduce risk and provide safe and reliable levels of service to community users. This is accomplished in a socially, culturally, environmentally and economically conscious manner.

CAM relies on four key organizational components integrating together to achieve the desired service outcomes: well planned strategies, good physical assets, highly trained professionals with respect to practices and procedures, and integrated business processes. These components, supported by appropriate technologies, provide a robust foundation for efficient service delivery.

Scope

The CAM Policy applies to all physical assets of the city, such as roads, sidewalks, bridges, transitway, railways, watermains, sewers, stormwater ponds, pumping stations, reservoirs, treatment plants, landfills, fleet, IT systems, buildings, parks, housing, art and trees.

Comprehensive Asset Management Program

The CAM Program encompasses all aspects of the management of each asset through its lifecycle in that it:

• Integrates with the Corporate Planning Framework to complement the strategic objectives of the City, other key business systems, legislation, and regulations;
• Creates a framework that establishes the mechanism for a clear line of sight between our AM program and Corporate objectives and strategies; and
• Commits to providing approved levels of service for present and future customers and communities, in the most effective and efficient way, through the planning, design, construction, acquisition, operation and maintenance, renewal, and disposal of assets.

The basis for our asset related decisions are:

• Anchored on the four pillars of sustainability – economic, environmental, social and cultural - that support the City’s long-term sustainability goals approved by Council
• Based on applying “the right intervention, on the right asset, at the right time” recognizing risk and the City’s fiscal constraints; and
• Founded on a sustainable approach to ensure that asset base increases or enhancements consider the impact on the ability of the City to fund future maintenance and rehabilitation.

Policy Statements

The CAM objectives are achieved through the application of the following guiding principles:

Customer Focused

The City will have clearly defined Levels of Service and applying asset management practices to maintain the confidence of customers in how City assets are managed.

Forward looking

The City will make the appropriate decisions and provisions to better enable its assets to meet future challenges, including changing demographics and populations, customer expectations, legislative requirements, technological and environmental factors.

Service Focused

The City will consider all the assets in a service context and taking into account their interrelationships as opposed to optimizing individual assets in isolation.

Risk-based

The City will manage the asset risk associated with attaining the agreed levels of service by focusing resources, expenditures, and priorities based upon risk assessments and the corresponding cost/benefit recognizing that public safety is the priority.

Value-Based / Affordable

The City will choose practices, interventions and operations that aim at reducing the life cycle cost of asset ownership, while satisfying agreed levels of service. Decisions are based on balancing service levels, risks, and costs.

Holistic

The City will take a comprehensive approach that looks at the “big picture” and considers the combined impact of managing all aspects of the asset life cycle.

Systematic

The City will adopt a formal, consistent, repeatable approach to the management of its assets that will ensure services are provided in the most effective manner.

Innovative

The City will continually improve its asset management approach, by driving innovation in the development of tools, practices, and solutions.

Policy Direction

To meet the goals and objectives of this policy, Senior Management will:

1. Create and maintain a Comprehensive Asset Management (CAM) Governance Structure to lead the development of AM tools and practices and to oversee their application across the organization.
2. Adopt a Comprehensive Asset Management Strategy to:
   1. Establish, document and continually adhere to industry recognized asset management protocols;
   2. Define levels of service that balance customer expectations with risk, affordability and timing constraints;
   3. Adopt risk-based decision-making processes that consider the likelihood of asset failure and the consequence of a failure with regards to impacts on safety and levels of service;
   4. Develop asset management knowledge and competencies aligned with recognized competency frameworks;
   5. Entrench lifecycle costing when evaluating competing asset investment needs across City assets; and
   6. Monitor the performance of the assets and track the effectiveness of AM practices with a view to continuous improvement.
3. Where practical, strive to go beyond minimum legislative solutions as an enabler to make City assets more resilient to changing social, environmental and economic conditions.
4. Seek funding and service delivery opportunities to address infrastructure investment pressures.
5. Provide regular updates to Council on the state of the City’s assets and forecasted trends (typically aligned with tabling of the Long Range Financial Plans).

Key Strategic Comprehensive Asset Management Documents

The following key strategic CAM documents, in addition of the Long Range Financial Plans, form part of the City’s overall approach to asset management:

• Comprehensive Asset Management Policy: This document establishes Council’s expectations around the management of the City’s physical assets. It is to be approved by Council.
• Comprehensive Asset Management Strategy: This document defines Senior Management’s commitment and approach to achieving the Council approved policy..
• Customer Levels of Service: This document defines the level to which assets are to be maintained to achieve defined levels of service. These are to be approved by Council.
• Asset Management Plans: These document how assets are being managed through their lifecycle in support of the delivery of services. These are to be approved at the Departmental Management level for all service areas.
• State of the Asset Report: This document provides information on the state of the City’s physical assets which can then be referenced when making infrastructure asset investment decisions as part of the annual budget and long range financial planning processes. This is to be submitted to Council for information.

Attachment

Comprehensive Asset Management Framework [ PDF - 411 KB ]

The City of Ottawa welcomes and encourages sponsorships and advertising undertaken to assist in the provision of City services and projects. The Corporate Sponsorship and Advertising Policy provides guidelines and flexibility to maximize revenue opportunities while safeguarding the City’s corporate values, image, assets, and interests.

The policy applies to all City employees and all relationships between the City and businesses, organizations and individuals that contribute either financially or in-kind to City programs, services or facilities in return for recognition, public acknowledgement or other promotional considerations.

Policy statement

The City of Ottawa welcomes and encourages sponsorships and advertising undertaken to assist in the provision of City services and projects. All sponsorships and advertising shall be consistent with the City of Ottawa’s vision, mission and values and will not compromise or contradict any by-law or policy of the City, or reflect negatively on the City’s public image. All sponsorship and advertising agreements shall be established in a manner that ensures access and fairness, and results in the optimal balance of benefits to the City and the community.

Purpose

The primary objective of the policy’s parameters and guidelines is to safeguard the City’s corporate values, image, assets, and interests while increasing the opportunities for revenue generation.

Scope

This policy applies to all relationships between the City of Ottawa and businesses, organizations and individuals that contribute either financially or in-kind to City programs, services or facilities in return for recognition, public acknowledgement or other promotional considerations. The policy applies to the following:

• Program and special event sponsorship
• Naming/renaming of City property, buildings, and structures
• Pouring rights
• Paid advertising on City property, at City events, and in City publications
• Preferred supplier status

Application

This policy applies to all City employees. Exceptions to parts of this policy are extended to the Office of Protocol and the Public Health Branch. These are described in Appendices A and B.

This policy does not apply to the City’s Elected Officials.

Principles and conditions

General requirements

All sponsorship and advertising agreements must comply with federal and provincial statutes, municipal by-laws, and the standards set out by the Canadian Advertising Standards Council.

The following conditions apply when establishing sponsorship and advertising relationships:

• The City will maintain control over the planning and delivery of sponsorship activities.
• Agreements shall not in any way invoke future consideration, influence, or be perceived to influence the day-to-day business of the City.
• The relationship must not cause a City employee to receive any product, service or assets for personal gain or use.
• Advertising devices must not impact the quality and integrity of the City’s properties, buildings, streetscape, and provide no added risks to safety.
• The advertisement of a product or service does not act as the City’s endorsement of any one product or service over another.
• All political advertising will indicate that it is paid by a party or candidate, so as to avoid any impression that the City is supporting any particular party or candidate.
• The sponsorship and advertising opportunity should be appropriate to the target audience

Restrictions for sponsorship and advertising

The City will not solicit or accept sponsorship or advertising from companies whose reputation could prove detrimental to the City’s public image and/or whose main business is derived from:

• The sale of tobacco
• Pornography
• The support of, or involvement in the production, distribution, and sale of weapons and other life-threatening products

The City will not allow advertising, either directly or through third party arrangements that:

• Convey a negative religious message that might be deemed prejudicial to religious groups
• Promote alcohol and other addictive substances, at venues geared primarily to children
• Present demeaning or derogatory portrayals of individuals or groups or contain anything, which, in light of generally prevailing community standards, is likely to cause deep or widespread offence

The City may, at its discretion, bring any proposals to Council for their approval even if they do not meet the guidelines of this policy. Council may also consider any proposal or direct staff to pursue any opportunities for sponsorship and advertising that do not strictly adhere to this policy.

Administrative requirements and authorities

Solicitation and allocation of sponsorship and advertising opportunities

Sponsorships activities should continue, as always, to be the result of direct solicitation by the City or elected officials to sponsors.

As a general rule, the following sponsorship and advertising opportunities should be competed:

• Opportunities that will offer a significant corporate profile
• Agreements of a lengthy duration (3 years and beyond)
• Agreements that allow for exclusive benefits and recognition

Non-competitive arrangements may be considered for the following opportunities when:

• An unlimited number of sponsors are being sought
• It is a unique, innovative or experimental sponsorship opportunity
• Only one suitable sponsor can be identified
• The value of the sponsorship or advertising opportunity is less than $50,000
• The value of an In-kind media sponsorship is less than $100,000
• The need is justified in a business case, approved by the relevant Deputy City Manager or the Chief Corporate Services Officer and, the Supply Management Division. 

Unsolicited sponsorship and advertising proposals received by the City will be reviewed and evaluated by the relevant program director as per the provisions of the policy. Advertising proposals that include billboard advertising shall require approval by City Council and prior consultation with the Ward Councillor of the Ward in which the advertising is proposed to be located.

The City reserves the right to reject any unsolicited sponsorships that have been offered to the City and to refuse to enter into agreements for any sponsorships that originally may have been openly solicited by the City.

The selection of a preferred supplier will be consistent with the City’s procurement policy. There will be no requirement to obtain quotes or undertake a proposal and staff can initiate opportunities without the requirement to test the market further.

All sponsorship and advertising agreements shall be evaluated on an annual basis to determine continued benefit. The term of all agreements shall not exceed three years unless authorized by the appropriate Deputy City Manager or the Chief Corporate Services Officer.

The City reserves the right to terminate an existing sponsorship or advertising agreement should conditions arise that make it no longer in the best interests of the City.

Delegation of authority

City staff is authorized to enter into sponsorship and advertising agreements that do not exceed the following pre-authorized limits. Agreements that exceed these pre-authorized limits will require City Council approval.

Supervisors and program managers

Supervisors and Program Managers are responsible for approving all agreements for amounts up to $10,000 provided they satisfy all provisions of this policy.

Managers

Managers are responsible for approving all agreements for amounts up to $50,000 provided they satisfy all provisions of this policy.

Directors

Directors are responsible for approving all agreements for amounts up to $100,000 provided they satisfy all provisions of this policy.

Deputy City Managers and the Chief Corporate Services Officer

The Deputy City Managers, and the Chief Corporate Services Officer are responsible for approving all agreements for amounts over $100,000 within their respective Departments. The Deputy City Managers, and/or the Chief Corporate Services Officer will determine when it is appropriate to seek the authority of Council prior to a sponsorship being signed.

City Council

City Council approval is required for any contract that does not satisfy the provisions of this policy and for opportunities involving the naming/renaming of City property, buildings and structures. City Council approval is required for all proposals that include billboard advertising.

Responsibilities

Departments are responsible for soliciting, negotiating and administering their own agreements. Staff approving sponsorship and advertising proposals must ensure that all relevant by-laws and policies are adhered to, appropriate consultation and approval authorities are respected, and where applicable that insurance, indemnification, ethical scans, and permits have been obtained. Departments are responsible for ensuring that third party advertising relationships abide by the restrictions noted in this policy.

Departments are responsible for maintaining a log of all sponsorship and advertising contributions and for issuing a written acknowledgement of the agreement to each sponsor or advertiser. All sponsorship contributions in excess of $25,000 in total value shall be confirmed in a Memorandum of Understanding (MOU) or other legal agreement.

Contraventions

Failure to comply with this policy may result in disciplinary action.

Definitions

Sponsorship

A mutually agreed to arrangement between the City of Ottawa and an external company, organization, enterprise, association or individual evidenced in writing whereby the external party (sponsor) contributes money, goods or services to a City of Ottawa facility, program, project, or special event in return for recognition, acknowledgement, or other promotional considerations or benefits. This does not include donations and gifts, or advice to the City where no business relationship or association is contemplated or is required and where no reciprocal consideration is being sought.

Forms of sponsorship

• Cash – A sponsorship received in the form of money.
• In-kind – Goods or services of value to the City are received rather than cash.

Advertising

Advertising is the sale to an external company, organization, enterprise, association or individual of advertising space on City printed materials or property, at City events, or in conjunction with a City program. Unlike sponsorship, advertising involves the simple purchase by an advertiser of advertising space sold at rates determined by the City. The purchaser of this space is not entitled to any additional benefits other than those accruing from access to the space purchased.

Naming rights

A naming right is a type of sponsorship in which an external company, organization, enterprise, association or individual purchases the exclusive right to name an asset or venue (e.g., a library building, sports facility or part of a facility - an ice pad within a multi-pad facility, etc.) for a fixed or indefinite period of time. Usually naming rights are considered in a commercial context, which is that the naming right is sold or exchanged for significant cash and/ or other considerations under a long-term arrangement. This arrangement is usually documented in a written agreement signed by the interested parties and has a specified end date to the contractual obligations.

Pouring rights

A pouring right is a type of sponsorship in which a corporation, an organization or an individual purchases the exclusive right to supply beverages at a City facility in exchange for significant cash and/ or other considerations over a long-term agreement.

Preferred supplier agreements

Preferred Supplier Agreements are multi-year contracts between the City and outside firms in which the firms agree to provide value-added support to the City in exchange for preferred status. Value-added support is typically provided by discounted pricing as well as cash, and/or goods and services. This process allows for a consistent approach to all current and potential supply line arrangements, which in the long run, will see the City lower its operating costs while at the same time generating additional revenue.

Ethical scans

A search of a potential sponsor’s main company and subsidiaries, if any, that is performed to determine if the sponsor/advertiser meets the requirements defined by the Corporate Sponsorship and Advertising Policy or is otherwise affected by the “Restrictions on Sponsorships” section of the Policy.

References

Delegation of Authority By-law No. 2001-12, January 8, 2001
Code of Conduct, April 26, 2002
Purchasing By-Law No. 2001-72, April 11, 2001
Equity and Diversity Policy, July 19, 2004
Ontario Human Rights Code
Visual Identity Usage Policy, June 25, 2003
Permanent Signs on Private Property By-Law 2005-439, September 28, 2005
Corporate Sponsorship and Advertising Procedures

Key word search

Sponsorship
Advertising
Gift-in-Kind
Naming Rights
Pouring Rights
Preferred Supplier Status

Contact

Corporate Partnerships
Partnership Manager, Corporate Sponsorships Advertising, and Donations
Recreation, Culture and Facility Services

Appendix A - Office Of Protocol

The information contained in this Appendix reflects the necessary exceptions to the general Policy and applies only to the Office of Protocol.

Solicitation and Allocation of Sponsorship and Advertising Opportunities

In addition to the criteria noted in the general policy, The Office of Protocol may enter into non-competitive agreements for all in-kind media sponsorships.

Responsibilities

Notwithstanding the reporting requirements identified in the general policy, acknowledgement of sponsorships for events organized by the Office of Protocol will be documented in a Letter of Confirmation in lieu of a Memorandum of Understanding (MOU).

Appendix B – Ottawa Public Health Branch

The differences in policy restrictions and guidelines contained in this Appendix are based on additional international, national and provincial standards, and apply to the Public Health branch only.

Restrictions for sponsorship and advertising

In addition to the restrictions noted in the general policy, the Public Health branch will not enter into agreements with organizations whose main business is derived from:

• The sale of alcohol, tobacco products, gambling or pornography.
• The support of, or involvement in, the production, distribution, promotion or sale of bottle feeding materials including, but not limited to breast milk substitutes (formula) and baby bottles.

Exceptions to restrictions

Certain sponsorships may be undertaken with local organizations, like bars and tobacco retailers when the health benefits to the citizens of Ottawa clearly outweigh the risks of abuse (i.e. a local bar sponsors an event for sexual health as it is the most appropriate venue to reach the target demographic).

Ethical scans

Ethical scans will be conducted on all sponsorships arrangements of more than $10, 000.

Approved By: City Council
Category: City Clerk
Approval Date: May 8, 2013
Effective Date: July 1, 2013
Revision Date: February 1, 2021 (Housekeeping revisions); December 7, 2022

Policy statement

The City of Ottawa is committed to exercising fair, transparent and responsible financial practices with respect to the finances and expenditures that support elected officials in fulfilling their statutory duties.

Purpose

The Council Expense Policy provides guidance to Members of Council on expenditures that support the Member in fulfilling their statutory duties as an elected official.

A Constituency Services Budget is intended to provide Members of Council (Members) with the resources to:

• Administer their offices at City Hall and in their wards to support their role;
• To conduct meetings and communicate with their constituents and other stakeholders;
• Support and promote activities or community groups within their ward and in the community at large; and
• Represent the City at functions, events or conferences.

The policy is intended to:

• Provide Members of Council with the flexibility to allocate resources in the most efficient way to meet their own particular requirements;
• Clarify the processes that Members and their staff use to administer their budgets by simplifying and outlining the rules; and
• Recognize Members’ accountability for managing City resources allocated to them.

Application

This policy applies to all Members of Council and officers and employees of the corporation.

The following principles should be applied when interpreting this policy:

1. Autonomy of Council

• City Council, as the decision-making body of the City, is separate and distinct from the City administration; and
• The autonomy of Council is provided for in the Municipal Act, 2001.

2. Integrity of Council

• The integrity of City Council as a whole and the offices of the Members must be protected; and
• The interest of City Council as a whole takes precedence over the personal interest of individual Members of Council.

3. Accountability

• Members are the stewards of City resources and are ultimately accountable to the public and their constituents for the type and level of expenses they incur;
• Since Members use public funds when they perform their duties, the public expects public funds to be used solely for fulfillment of their public duties;
• Members’ expenses should be reasonable and reflect what the public expects of an elected official; and
• Members’ business expenses and personal expenses must be kept separate.

4. Transparency

• The public has a right to know how public funds allocated to Members are spent; and
• The public’s right to Members’ expense information must be balanced against the need to protect privacy and personal information, and allow time for proper accounting and reconciliation of expenses.

5. Flexibility and Limits

• Members require flexibility to perform their roles, operate their offices and pursue their public interests;
• Members engage their communities differently;
• Expenditures must not conflict with rules set out in other related legislation and polices (e.g. Election-Related Resources Policy); and
• All accounting, audit and Income Tax Act principles and rules must be followed.

Exemptions to this Policy may be granted in writing by the City Clerk, in consultation with the Integrity Commissioner as necessary.

Guiding legislation

The guiding legislation for the Council Expense Policy is the Municipal Act, 2001. Section 224 of the Act describes the role of City Council:

• To represent the public and to consider the well-being and interests of the municipality;
• To develop and evaluate the policies and programs of the municipality;
• To determine which services the municipality provides;
• To ensure that administrative policies, practices and procedures and controllership policies, practices and procedures are in place to implement the decisions of council;
• To ensure the accountability and transparency of the operations of the municipality, including the activities of the senior management of the municipality;
• To maintain the financial integrity of the municipality; and
• To carry out the duties of council under this or any other Act. 

Section 225 further describes the role of the Mayor as Head of Council:

• To act as Chief Executive Officer of the municipality;
• To preside over council meetings so that its business can be carried out efficiently and effectively;
• To provide leadership to the council;
• To provide information and recommendations to the council with respect to the role of council to ensure administrative, accountability and transparency policies are in place;
• To represent the municipality at official functions; and
• To carry out the duties of the head of council under this or any other Act.

Policy requirements

Section 1 - Budget allocation and administration

1. Budget allocation

Constituency Services Budget for Members of Council

Members of Council are provided with a Constituency Services Budget with which to run their offices. Expenses include items such as: community events, contributions, donations and sponsorship, office supplies and staffing. Members of Council cannot exceed their annual Constituency Services Budget. Any over-expenditure is the personal responsibility of the Member and to be paid personally by the Member. There is no carry-over of deficits or surpluses from one year to the next. This is particularly important in an election year since sufficient funds must remain for the newly elected representatives to operate their offices.

Where it appears that a Member’s Constituency Services Budget may be overspent, the City Clerk or designate will advise the Member in writing as soon as a risk is identified and, in conjunction with the Program Manager, Council Support Services or the Program Manager, Mayor Support Services, as appropriate, work towards resolving the matter with the Member.

Council Administration Budget

The budget for the Elected Officials is overseen by the City Clerk. Under the supervision of the Manager, Council and Committee Services, the Council Administration Budget is used to finance a range of items commonly used in the operation of each Office, as well as cover certain other expenses supporting the Council or required by the Municipal Act, 2001.

The salary, benefits and transportation allowance of all Members of Council will be drawn from the Council Administration Budget. The Council Administration Budget may also fund travel by Members of Council to conferences, Board or committee meetings of municipal organization or similar events in accordance with relevant, approved policies and procedures.

2. Spending guidelines and budget administration

Members’ claims for expenses must follow basic accounting and audit principles and the following guidelines:

• Expenses must relate to the business of the City of Ottawa; Members and their staff cannot claim expenses of a personal nature;
• Additional restrictions on expenses are set out in Section 4 of this Policy - Restrictions on Expenses;
• Expenses and associated documentation must be consistent with what is permitted in the Councillors' Office Manual;
• Members or their staff must incur the expenses. Expenses incurred by third parties may not be reimbursed in the same manner;
• Members and their staff must provide proper documentation for all expenses in accordance with the procedures outlined in the Councillors’ Office Manual. This includes providing detailed receipts and a breakdown of taxes, for all expense claims. Credit card receipts or statements alone are not sufficient and will not be accepted. In the case of any on-line purchases, a copy of the confirmation must be attached to the claim. Members or their authorized staff must sign off on all receipts or invoices with original signatures or by electronic means;
• Delegation of signing authority to staff must be documented on the appropriate form and remitted to the Program Manager, Council Support Services or the Program Manager, Mayor Support Services with samples of signatures prior to the transaction;
• Invoices must include a description of the goods purchased or services rendered, the cost, applicable taxes, and GST Registration Number. In the event a GST Registration Number is not provided, Members’ Assistants are required to contact the vendor to obtain the information;
• The City of Ottawa is exempted from GST. GST paid to vendors will not be included in the amount charged to the Member’s Constituency Services Budget;
• Any material and intellectual assets purchased through the use of the Constituency Services Budget are the property of the City of Ottawa, not the Member. Original receipts and, where applicable, a photograph of the purchase are required for inventory purposes;
• All donations to charities funded by the Constituency Services budget shall be accomplished by means of a City of Ottawa cheque, direct deposit or purchasing card payment and any charitable receipt shall be made out to the City of Ottawa. Charitable receipts shall be given to the Program Manager, Council Support Services or the Program Manager, Mayor Support Services. Neither Members nor their staff will be reimbursed for charitable donations provided in cash unless accompanied by the charitable receipt;
• Expenses must be charged to the year in which they occurred. Expenses cannot be carried forward to different years;
• Members who charge for goods against the current year must have received the goods and/or services from the vendor before December 31 of that year. It is recognized that certain annual subscriptions (including but not limited to software), may not align with the budget year and Members may choose the most economical option; 
• Original receipts must be submitted within 90 days of purchase and no later than the final date for processing payments within a budget year as determined by the Finance Services Department;
• At the end of the year, when expenses have been incurred but invoices are not yet received, Members must inform the Program Manager, Council Support Services or the Program Manager, Mayor Support Services, as appropriate, so that a proper liability can be set up. Invoices from previous years that have not been set up as liabilities will not be paid or reimbursed from the previous year’s budget. Payment may be made against the current year’s budget;
• To ensure financial integrity, Members of Council must sign off on disbursements/reimbursements directly payable to their staff. Further, the City Clerk or designate must sign off on disbursements/reimbursements directly payable to Members of Council;
• Where a Member of Council or their staff is requesting reimbursement for an expense, proof of payment must also be submitted; and
• Members of Council can obtain a Corporate Card or a Purchasing Card, which provides more flexibility with respect to purchasing goods and services, including travel expenses. Both cards are accompanied with specific reporting and accountability requirements.

3. Requirements for Contractors

When a Member of Council procures the services of a contracted vendor, the vendor shall disclose the following matters: 

• Prior and/or ongoing lobbying activity with the City of Ottawa;
• Any other current employment relationships; and
• Any real or potential conflicts of interest, including family members or close associates working for the City of Ottawa.

Section 2 - Public disclosure

Expense reports are prepared on a monthly basis for each Member of Council. The reports are broken down into a series of categories for ease of reference. An itemized report is provided for expenses related to donations and sponsorships, hospitality, special events and travel. Members of Council must take note of the specific documentation requirements of certain allowable expenses and ensure that the appropriate details are provided. An annual release of each Member of Council’s final budget figures will also be disclosed.

Further, and in accordance with the legislated requirements of the Municipal Act, 2001, a Statement of Remuneration, Benefits and Expenses Paid to Council Members and Council Appointees, and Police Services Board members, will be reported to Council each year.

In the spirit of accountability and transparency, the individual office expenses for Members of City Council are publicly disclosed on the City’s website.

Section 3 - Conditions and requirements for public disclosure

Specific documentation and requirements apply to the expense categories below.

1. Contributions and sponsorship

• Contributions in the form of donations or sponsorships must be accompanied by a request from the organization with details about the mandate of the group and the purpose of the contribution.

2. Hospitality offered by Members

• Identify business purpose and date for the meeting expense;
• Original itemized receipt indicating items consumed and total cost;
• The name and location of establishment; and
• Full name of all participants attending meeting must be provided, as well as their affiliation if they are representing an organization or business. The names of individuals receiving hospitality are not confidential.
• Members are not required to list the names of attendees for community events of a social, protocol or ceremonial nature or events involving large groups (over 10 people), school events or similar events where no City business is transacted or the names of any minors receiving hospitality.
• Members may purchase supplies to provide refreshments to staff and guests in their City Hall or Ward Office on an as-required basis (such as coffee or tea) and are not required to list the names of individuals consuming said refreshments.

3. Special events attended by Members

• Exact name of event must be provided;
• Date and location of the event;
• Name of host organization, where applicable;
• The name of any individual who attended with the Member;
• Detailed receipts and invoices of any expenses incurred; and
• A copy of tickets purchased.

4. Travel

• Identify all City-funded travel, including travel funded by the City’s Boards and Agencies, as well as Members’ travel funded by external bodies such as boards, conservation authorities and municipal associations;
• Identify where the meeting was held, the duration, and the purpose;
• Travel reimbursement must include any itinerary confirming travel dates and airline booking, an original hotel invoice itemizing room costs and other incidentals, conference brochure confirming the cost and conference date and taxi / parking receipts;
• Members must report to the Integrity Commissioner, before the first date of travel, all travel costs funded by an eligible body under the Code of Conduct; and
• Members who undertake City-funded travel must submit a report detailing their experiences, what they learned at the conference and how the City’s position or interests were advanced. The report shall be accomplished in writing, either as an information report or as an Information Previously Distributed report, listed on the agenda for the appropriate Standing Committee.

Section 4 - Restrictions on expenses

1. Contributions

• Unless otherwise approved by motion of Council, contributions are limited to 3.5% of the Members annual Constituency Services Budget;
• Contributions shall be made via City of Ottawa cheques, direct deposit or purchasing card payment to a community group or organization, not by a Member of Council or staff personal cheques;
• Unless otherwise approved by motion of Council, contributions to individuals, businesses or City funded services and departments are prohibited; and
• The purchase of material assets as contributions is prohibited.

2. Expenses

• No expense shall create a conflict of interest, or the appearance of such a conflict, that may arise through the purchase of goods or services from a family member;
• Alcohol is not a permitted expense;
• Personal expenses (i.e. clothing, etc.) are not eligible expenses;
• Gifts for Members’ staff or other employees of the City, its agencies, boards, commissions and special purpose bodies are not eligible expenses;
• Members’ budgets shall not be used to provide a personal benefit to specific individual citizens or businesses (i.e. payment of tax penalties, parking tickets, sponsorship of personal travel, etc.);
• Members should keep in mind the general integrity principles set out in the Code of Conduct for Members of Council and may consult with the Integrity Commissioner as required on other matters that may create a real or perceived conflict of interest under the Code; and
• Direct mail and direct marketing expenses for a geographic area outside of a Member’s ward will not be permitted without prior approval from the City Clerk, in consultation with the Integrity Commissioner. Notwithstanding, and subject to the Election Related Resources Policy, it is recognized that advertising in mass media and broader circulation publications and some unaddressed postal walks will cross ward boundaries and these are exempt where outside the control of the Member seeking to direct mail/direct market to his/her ward residents.

Section 5 - Interpretation and exemptions

The City Clerk and Members of Council may consult with the Integrity Commissioner for guidance with respect to individual Member expenses or any interpretation on the application of this policy.

Where the City Clerk and the Integrity Commissioner have been consulted and a determination has been made that expense is appropriate, an exemption may be granted in writing.

Section 6 - Election year budget restrictions

In a municipal election year, and in relation to a municipal by-election, certain restrictions are placed on Member’s Office Budgets and the allowable expenses that can be incurred. These restrictions are set out in the Election-Related Resources Policy and its supporting Election-Related Blackout Period Procedures.

Responsibilities 

Members of Council and their staff are required to adhere to this policy and its governing provisions.

The City Clerk, or designate, and the Integrity Commissioner, will provide guidance when requested and notifications as required and as set out in the policy.

Monitoring / Contraventions

The City Clerk shall be responsible for receiving complaints and/or concerns related to this policy. Upon receipt of a complaint and/or concern, the City Clerk shall respond to the complaint and/or concern accordingly.

References

Code of Conduct for Members of Council

Community Fundraising and Special Event Policy

Election Related Resources Policy

Councillors’ Office Manual

Recordkeeping requirements

As per the Records Management Policy, Official Business Records generated as a result of the execution of this policy must be declared as such in the appropriate SharePoint site, RMS (Records Management System) or approved business system.

Definitions 

Advertising – Paid promotion or communications in print, digital or social media including but not limited to Councillors’ columns in local newspapers, social media advertising and advertising at community-based events. 

Community Event – An event hosted or co-hosted by a Members of Council.

Contribution – Includes donations to or sponsorships of charities and community groups paid from the Member’s Constituency Services Budget.

Donation – A form of contribution.  Includes monetary donations to charities or community groups, as well as in kind donations such as gift cards, raffle prizes and small-value consumable or material goods.

Hospitality – The provision of meals or refreshments, including to Members’ staff and members of the public.

Intellectual Asset - Any results or products of research and development activities of any nature (including, but not limited to studies, reports, publications and other information products, databases, software) that are paid for out of the Member’s Constituency Services Budget.

Material Asset – Physical items or structures purchased from a Member’s Constituency Services Budget. These include property, equipment (such as IT equipment), furniture, appliances.

Professional Services – As defined in the City of Ottawa’s Procurement By-law (200-50), Professional Services means services requiring the skills of professionals for a defined service requirement or for a specific project related deliverable including but not limited to the areas of engineering, architecture, design, planning, information technology, financial auditing and fairness commissioners.

Non-professional Services – All other services paid for by the Constituency Services Budget including but not limited to office assistance and event support.

Personal Expense – An expense that is primarily of personal benefit to the Member of Council or their staff and/or is not related to the business of the City of Ottawa.

Special Event – an event in which the Member of Council has participated through the purchase of tickets from their constituency services budget.

Sponsorship – A form of contribution. Money that is given from the Constituency Services Budget to support a particular organization or initiative. Advertising undertaken primarily as a sponsorship for the benefit of the receiving organization is considered a contribution under this Policy.

Enquiries 

For more information on this policy, contact the City Clerk, Manager of Council and Committee Services or the Program Manager of Council Support Services.

Approved By: City Council
Category: City Clerk
Approval Date: November 22, 2017
Effective Date: January 1, 2018
Revision Date: February 1, 2021 (Housekeeping revisions); December 7, 2022

Policy statement

The City of Ottawa promotes a respectful, tolerant and harassment-free relationship and workplace between Members of Council and the officers and employees of the corporation, guided by the Code of Conduct for Members of Council, the Employee Code of Conduct, the Workplace Violence and Harassment Policy, and the Procedure By-law.

Purpose

This policy provides guidance on how the City of Ottawa ensures a safe, healthy, respectful, tolerant and harassment-free relationship and workplace between Members of Council and the officers and employees of the corporation.

Subsection 270(1)(2.1) of the Municipal Act, 2001 provides that a municipality shall adopt and maintain policies with respect to the “relationship between members of council and the officers and employees of the municipality.”

Application

This policy applies to all Members of Council and officers and employees of the corporation.

Policy requirements

The relationships between Members of Council and the officers and employees of the corporation are  guided by the following City policies:

Section 1 - Code of Conduct for Members of Council

The Code of Conduct for Members of Council establishes the ethical behaviour expected of Members of Ottawa City Council. Separate Codes of Conduct are also in place for the Citizen Members of the Built Heritage Committee and Members of Advisory Committees. Subsections 10(5) and (6) of the Code of Conduct for Members of Council, titled, “Conduct Respecting Staff,” state as follows:

“Members of Council shall be respectful of the role of the municipal administration to provide advice based on political neutrality and objectivity and without undue influence from an individual Member or group of Members of Council.

Members of Council should not:

1. Maliciously or falsely injure the professional or ethical reputation, or the prospects or practice of municipal staff;
2. Compel municipal staff to engage in partisan political activities or be subjected to threat or discrimination for refusing to engage in such activities; or
3. Use, or attempt to use, their authority or influence for the purpose of intimidating, threatening, coercing, commanding or influencing any municipal staff member with the intent of interfering in staff’s duties.”

The Code of Conduct for Members of Council defines municipal staff as follows:

“Municipal staff” includes all employees, dependent contractors and volunteers of the City of Ottawa and, for purposes of certainty, extends to employees, dependent contractors and volunteers engaged to support Members' offices.”

Section 6 of the Code of Conduct for Members of Council, titled “Conduct at Council/Committee meetings,” state as follows:

1. Members of Council shall conduct themselves with decorum at all City Council and Committee meetings in accordance with the provisions of the Procedure By-law (Section 42) being:
2. No member shall:
   
   1. Speak disrespectfully of the Reigning Sovereign or the Lieutenant-Governor of any province, or of a fellow member of Council or staff;
   2. Use offensive words or unparliamentary language;
   3. Speak on any subject other than the subject in debate;
   4. Where a matter has been discussed in camera, and where the matter remains confidential, disclose the content of the matter or the substance of the deliberations of the in camera meeting;
   5. Disobey the Rules of Procedure, or a decision of the Mayor or of the Council on questions of order or practice or upon the interpretation of the Rules of Procedure.

Section 2 - Employee Code of Conduct

The Employee Code of Conduct is founded on the notion of ensuring integrity in public service through the recognition and promotion of the fundamental principles of transparency, impartiality, respect and accountability.

The Impartiality section of the Employee Code of Conduct states as follows:

“Ottawa City Council is the elected voice of the citizens of the City of Ottawa. Its members have been elected to set the policy direction of the municipality. The public has an interest in ensuring that City of Ottawa employees are committed to carrying out the will and decisions of City Council, and that public servants are, and are perceived to be, impartial in carrying out their duties. Given the public interest in an impartial public service, employees must exercise restraint in any criticism of City of Ottawa policy and consider how their public comments may affect the public perception of the City.

We Do

• We recognize that City Council is the elected voice of the citizens of the City of Ottawa and we respect the decisions of City Council; and
• We distinguish between our personal comments or opinions and our jobs with the City.

We Do Not

• Make comments that disparage or harm the reputation of the City, Council or our co-workers;
• Claim to speak on behalf of the City unless we have been authorized to do so; and
• Make personal comments using City letterhead, our City e-mail address or anything else that implies a connected between our personal comments or opinions and the City.”

Section 3 - Workplace Violence and Harassment Policy

The Workplace Violence and Harassment Policy states as follows:

“The City of Ottawa is committed to ensuring a safe, healthy and respectful work environment free from all forms of violence and harassment.

The City of Ottawa prohibits workplace violence and harassment directed at employees by members of the public, between employees, or by an employee towards a member of the public.

This policy prohibits violence, harassment and discrimination under any of the categories defined in the Ontario Occupational Health and Safety Act, the Canada Labour Code, the Ontario Human Rights Code, and the Canadian Human Rights Act.”

Section 4 - Procedure By-law

The Procedure By-law establishes rules, procedure and conduct within Council and Standing Committee meetings. Specifically, Subsection 42(1)(a), titled, “Conduct of Members in Council,” states as follows:

“No Member shall:Speak disrespectfully of the Reigning Sovereign, or of any Member of the Royal Family, or of the Governor General or the Lieutenant-Governor of any province, or of a fellow Member of Council or staff.”

The Code of Conduct for Members of Council and the Procedure By-law govern the conduct of Members within the context of a committee and Council meeting. Elected Officials shall treat City staff fairly and with respect, [as will staff in their conduct with Members of Council].

Responsibilities

Members of Council and officers and employees of the corporation are required to adhere to this policy and its governing provisions, including the Code of Conduct for Members of Council, the Employee Code of Conduct, the Workplace Violence and Harassment Policy, and the Procedure By-law.

Monitoring/Contraventions

The City Clerk shall be responsible for receiving complaints and/or concerns related to this policy. Upon receipt of a complaint and/or concern, the City Clerk shall notify the following who will investigate and respond to the complaint and/or concern accordingly:

1. In the case of officers and employees of the corporation, the Manager, Director or General Manager responsible for the employee and the Director, Human Resources; or
2. In the case of Council or a Member of Council, the Integrity Commissioner.

Where there is a discrepancy between the Council-Staff Relations Policy and the Code of Conduct for Members of Council or the Employee Code of Conduct, the language of the Code prevails.

References

Code of Conduct for Members of Council
Employee Code of Conduct
Workplace Violence and Harassment Policy
Procedure By-law

Legislative and administrative authorities

Section 270 of the Municipal Act, 2001 requires City Council to adopt and maintain a policy with respect to the relationship between Members of Council and the officers and employees of the corporation. The Council-Staff Relations Policy identifies the legislation, policies and practices that the City complies with in order to promote a respectful relationship between Members of Council and the officers and employees of the City of Ottawa.

Recordkeeping requirements

As per the Records Management Policy, Official Business Records generated as a result of the execution of this policy must be declared as such in the appropriate SharePoint site, RMS (Records Management System) or approved business system.

Enquiries

City Clerk
City of Ottawa
Telephone: 3-1-1 (TTY: 613-580-2401)

Approved By: City Council
Section: City Clerk
Approval Date: November 28, 2007
Effective Date: November 28, 2007
Revision Dates: February 13, 2013; December 9, 2020; December 7, 2022
Revisions Approved By: City Council

Policy statement

The City of Ottawa will delegate its powers and duties in order to support efficient management of municipal operations and ensuring appropriate accountability and reporting is assigned to each delegation.

Purpose

This policy provides guidance regarding the scope of powers and duties that Council may delegate under its legislative and administrative authority and establishes principles governing such delegation.

Subsection 270(1)(6) of the Municipal Act, 2001 provides that a municipality shall adopt and maintain policies with respect to the “delegation of its powers and duties.”

Application

This policy applies to all City of Ottawa operations and its employees.

Policy requirements

City Council supports the delegation of powers and duties to provide efficient management of municipal operations and respond to matters in a timely fashion according to the following principles:

1. All delegation of powers and duties shall be set out in the Delegation of Authority By-law and reviewed every term of Council.
2. Unless expressly delegated by Council through the Delegation of Authority By-law, all powers and duties of Council remain with Council.
3. All delegation of powers and duties may be revoked at any time without notice.
4. No delegation of powers and duties shall exceed the term of Council.
5. Every delegation of a power or duty of Council shall be accompanied by a corresponding accountability and transparency mechanism.
6. A delegation of a power or duty under any by-law to any member of staff is also a delegation to a person appointed by the City Manager to act in the capacity of the delegate in their absence.

The following additional principles are to be applied when delegating authority to a Standing Committee:

• Standing Committees should decide those items that are consistent with a policy that City Council has adopted;
• Standing Committees should decide matters that are consistent with the application of federal and/or provincial statutes and/or regulations;
• Standing Committees should be the body that makes recommendations on all aspects related to a policy or policy implementation issue within that committee's mandate (including property acquisitions, contracts, etc.); and
• Standing Committees will have the authority to confirm by-laws for decisions under their delegated authority, as required.

For those transactional and operational items that relate specifically to City of Ottawa Wards, authorities and processes associated with notification to the Ward Councillor are outlined in the Delegation of Authority By-law. Examples of such authorities include but are not limited to matters related to cash-in-lieu of parkland, applications to the Alcohol and Gaming Commission, some planning matters such subdivision and condominium applications, part lot control exemptions, cemeteries, applications under the Ontario Heritage Act, intersection and road modifications, among others matters included in the by-law schedules.

In all instances, the Delegation of Authority By-law includes the appropriate reporting section for all delegations.

For site plan control applications that were submitted to the City prior to July 1, 2022, the following process is established based on the Site Plan approval process:

• The general authority is delegated to staff, who will observe all established processes and procedures;
• Staff will work with the Ward Councillor(s), stakeholders and the public to resolve any identified issues;
• Staff will prepare a Delegated Authority Report, where all comments from the public and stakeholders are summarized and responded to in the reports;
• The Delegated Authority Report, including the conditions of approval, is sent electronically to the Ward Councillor(s) for concurrence;
• If the Ward Councillor(s) agree: 
  • The Report is then signed by the General Manager/Director or their delegate. 
  • Notice of decision is sent to the Ward Councillor(s) and those who submitted comments on the issue or who requested notification of the decision; and
• If the Ward Councillor(s) do not agree with staff’s recommendation: 
  • Delegated authority is withdrawn, and the application is sent to the appropriate Standing Committee for a public meeting and decision. 

The Ward Councillor has the ability to lift delegated authority from staff where they are not satisfied with the recommendations/conditions. In addition, if a Ward Councillor does not provide concurrence and does not lift delegated authority within the recommended timelines, staff has the ability to move the report forward to Committee on their own accord.

Finally, any Member of Council has the right to ask that an item that is delegated to a Standing Committee be forwarded to Council for a decision, either at the meeting, or in writing to the Standing Committee Co-ordinator at any point up until the day after the Committee disposition is posted.

For all site plan control applications received by the City from July 1, 2022 onwards, the province has appointed approval authority to staff to render a decision. The province’s Bill 109, More Homes for Everyone, 2022, removed Councillor’s concurrence or / and their ability to bring a site plan application to Planning Committee.

In exercising any delegated authority, the delegate shall ensure the following:·

• Any expenditure related to the matter shall have been provided for in the current year’s budget;·
• The scope of the delegated authority shall not be exceeded by the delegate;
• The consistent and equitable application of Council policies and procedures; 
• Where required by the specific delegated authority, reports shall be submitted to Council advising of the exercise of a delegated authority and confirming compliance with the delegated authority and this policy;
• That Members of Council and/or the Ward Councillor(s), as appropriate, are engaged early in the process, particularly in instances where the matter is high-profile or sensitive;
• That enhanced accountability and transparency mechanisms, including consultation and reporting over and above what may be required under the Delegation of Authority By-law, are formally considered and assessed in potentially high-profile or sensitive matters; and
• That any business decisions with respect to consultation and reporting the exercise of delegated authority will be documented in accordance with applicable information management policies and procedures.

Responsibilities

City staff are responsible for adhering to the parameters of this policy and for ensuring appropriate application of delegated authority.

Monitoring/Contraventions

The City Clerk shall be responsible for receiving complaints and/or concerns related to this policy. Upon receipt of a complaint and/or concern, the City Clerk shall notify City Council and the City Manager.

References

Accountability and Transparency Policy
Delegation of Authority By-law
Procurement By-law

Legislative and administrative authorities

Section 270 of the Municipal Act, 2001 requires that the City adopt and maintain a policy with respect to the delegation of powers and duties.

Recordkeeping requirements

As per the Records Management Policy, Official Business Records generated as a result of the execution of this policy must be declared as such in the appropriate SharePoint site, RMS (Records Management System) or approved business system.

Definitions

Legislative Powers – Includes all matters where Council acts in a legislative or quasi-judicial function including enacting by-laws, setting policies, and exercising decision-making authority.

Administrative Powers – Includes all matters required for the management of the corporation that do not involve discretionary decision-making.

High-profile or sensitive matters – May include, but not be limited to, the following examples:

• Significant City projects, programs or services with respect to budget, project scale, risk level or public interest where an authority has been specifically granted by Council;
• Events such as those described in the Donations to the City for Community Benefit Policy:
  • Modifications, enhancements, replacement, alterations or removal of City facilities, amenities, programs or services available to the public;
  • An introduction of new facilities, amenities, or equipment to a City owned or leased location accessed by the public;
  • A significant reconfiguration of a public property, facility or programming space within a City facility;
  • A recognition benefit to a donor that has significant impact on site or facility aesthetics and/or use; and/or
  • A requirement to waive all or a portion of City policies and/or standards such as accessibility, bilingualism, etc.

Enquiries

For more information on this policy, contact:
City Clerk
Office of the City Clerk
City of Ottawa
Telephone: 3-1-1 (TTY: 613-580-2401)

Approved by: City Council
Approval date: May 9, 2018
Effective date: July 9, 2018
Revision approved by: n/a
Revision / review date: n/a

Policy statement

The City of Ottawa accepts donations as a means of enhancing municipal facilities and programs. Prior to accepting a donation, the City will ensure the review and assessment of the proposed donation to determine its usefulness, present and ongoing financial and operational impacts, and exposure to risk and/or liability.

Purpose

The purpose of this policy is to define what constitutes a donation to the City and provide clear direction and guidance to departments in accepting, managing, recognizing and allocating donations.

The City will comply with Canada Revenue Agency (CRA) and Ontario Municipal Act (OMA) regulations, as well as the City of Ottawa’s Donations Receipt Policy for the acceptance of charitable donations and the issuance of charitable donation receipts.

Application

This policy applies to all City employees.

Donations to the City can be:

• Cash
• Services
• Equipment
• Materials and supplies
• Capital, real or depreciable property
• Personal use property
• Works of art, jewelry, rare books, stamps, coins, artefacts
• A leasehold interest or residual interest in real property
• Life insurance properties
• Donations made under a will

This policy does not apply to the following:

• Skills or service provided through the City’s Volunteer Program.
• Museum artefact donations of objects with possible historic value relevant to the City of Ottawa (Collections Management Policy).
• Funding or donations in-kind obtained from other levels of governments through normal transfers, payments or grant programs.
• Contributions from community organizations under the City’s Community Partnership grant programs, where enhancements to community facilities are cost-shared and where the terms of the partnership are created through another Council-approved policy.
• Contributions required under Sections 37 and 41 of the Ontario Planning Act.
• Developer contributions to enhance the development of new parks.
• Sponsorship arrangements (Sponsorship and Advertising Policy).

Policy requirements

The solicitation, consideration, acceptance, recognition and administration of all donations to the City are to be undertaken in full compliance with this policy.

Departments are responsible for complying with the general requirements and procedures noted in the following sections:

1. General requirements
2. Consultation and public engagement requirements
3. Management of donations
4. Documentation and reporting requirements
5. Donation receipts
6. Donation recognition standards

1. General requirements

For the purposes of applying and administering this policy, donations for community benefit are those intended to provide a public good. Donations to the City are not to serve as an alternative to paying for fees, permits, programs, and/or services.

For a donation to be valid under this policy there must be an intention by the donor to give to the City, a delivery of the donation by the donor to the City, and an acceptance of the donation by the City. The process is not complete until the donation is accepted by the City.

Departments may bring any offer of a donation to Council for approval, even if the offer does not meet the guidelines of this policy. Council may also consider any proposal or direct staff to pursue any opportunities for donations that do not strictly adhere to this policy.

All donations to the City must comply with federal and provincial statutes, municipal by-laws, the City’s Accountability and Transparency Policy and the Employee Code of Conduct. When a donor requests a receipt for tax purposes, Departments will also ensure compliance with the City of Ottawa Donation Receipt Policy and CRA regulations relating to donations. 

Accepting donations

• The City may elect to accept or decline any donation. If the gift is not accepted, the donor will be advised of the reason and thanked for the offer.
• When assessing a proposed donation, the recipient Department must identify and consider any one-time or recurring costs associated with accepting the donation. These costs may include a required City contribution for delivery, installation, ongoing maintenance, operating costs, security cost, licensing, replacement or disposal costs, etc. The recipient Department will ensure that a source of funding is identified and in place for any costs to the City before accepting a donation.
• For donation funded capital projects requiring a City capital investment, General Managers can authorize the use of capital funds that are in bulk provisions under their authority and not already assigned by Council to specific projects. For capital allocations where a priority list of projects has been approved by Council, General Managers responsible for the projects, are authorized to make minor reallocations. Subject to funds being available in an approved budget, up to $100,000 may be reallocated towards funding a donation project. General Managers must seek Council approval for any reallocation over $100,000.
• When assessing a proposed donation of property, structures or equipment, the recipient Department will consult with the Corporate Accessibility Branch to ensure the donation meets accessibility requirements.
• HST may be applicable to donations where a benefit is provided to the donor. Staff shall consult with the City’s Commodity Taxes Branch to identify potential HST implications.  

Limitations and restrictions

Donations to the City must not:

• Imply endorsement of the donor or, if the donor is a company or commercial enterprise, imply endorsement of its products and services, or require the City to make statements or representations endorsing a product or service.
• Be accepted from individuals, groups, associations, corporations or other entities that are not in good standing with the municipality (i.e. in litigation with the City, defaulting on payments owed to the City, and/or currently in significant violation of a bylaw or regulation).
• Be accepted if they are deemed to have originated from unethical or unlawful activities as determined by the City.
• Be accepted from individuals, groups, associations, corporations or other entities that promote discriminatory practices against any individual or group based on gender, sexual orientation, religious or political affiliation, citizenship, age, race or ethnicity, record of offences, disability, income or family status.
• Be accepted if the donation creates real or perceived conflicts of interest, or violates the Employee Code of Conduct. Donations will not be solicited or accepted if they:
  • Result in or are perceived as giving the donor, or any other party, any preferential treatment as a result of the donation.
  • Cause a City employee or elected official to receive any payment, product, service or asset for personal use or gain.
  • Are from companies whose main business is derived from the sale of tobacco. 

Donations in relation to the City decision making process

• Donations to the City shall only be accepted at arm’s length from decision-making processes.
• There is a blackout period in the City’s planning and procurement processes during which the discussion, solicitation and acceptance of donations with a donor involved in these processes is not permitted.
• The blackout period for planning approval processes (e.g. Site plan control, plans of subdivision, minor variances, official plan amendments, and zoning amendments) commences when a potential donor submits an application for planning approval. The blackout period ends when a final decision has been rendered on the application.
• The blackout period for procurements commences when the request for a bid, quote, request for proposal, etc. is formally issued. The blackout period ends at the time the procurement is awarded.

Donations of real property

• The donation of real property must comply with the Real Property Acquisition Policy.
• Where appropriate, approval of a donation agreement of real property is to include the use and disposition of the real property, and note the net proceeds arising from a property transaction.

2. Consultation and Public Engagement Requirements

Consultations will occur on all donations that involve:

• Modifications, enhancements, replacement, alterations or removal of City facilities, amenities, programs or services available to the public.
• An introduction of new facilities, amenities, or equipment to a City owned or leased location accessed by the public.
• A significant reconfiguration of a public property, facility or programming space within a City facility.
• A recognition benefit to a donor that has significant impact on site or facility aesthetics and/or use.
• A requirement to waive all or a portion of City policies and/or standards such as accessibility, bilingualism, etc.

Consultation will also include the applicable ward Councillor(s), host community associations and other impacted stakeholders as per the City’s Public Engagement Strategy.

Staff involved with the evaluation of donation offers must ensure that all appropriate internal and external consultations are conducted in accordance with the Public Engagement Strategy, prior to accepting a donation.

Internal approvals required for a donation

In addition to obtaining approval from the recipient Department’s management, recipient departments will consult with any other Departments that could be impacted by or have responsibilities relating to the donation. The following table identifies some of the approval authorities that should be consulted for various types of donations.

3. Management of Donations

Donations will be appropriately managed by the recipient Department in accordance with the following:

• Donations designated for specific purposes or for the general purpose of a specific program, including donations of real property and the net proceeds of any property transaction, are to be used by the program for the purpose specified by the donor.
• For purposes of financial control and accountability, monetary donations are to be deposited to the appropriate City accounts.
• Donations are not to be managed informally or held in personal or external accounts or trust funds. This does not apply to independent community fundraising campaigns, until such time that campaign contributions are donated to the City.
• Donations of cash or property to the City where the purpose is not specified by the donor and which are not part of an approved initiative, are deemed to be undesignated and become contributions to general revenue of the City or assets of the City, unless the recipient Department seeks council approval for a specific purpose.
• Donations of equipment and/ or materials will be tracked and documented as part of the City’s inventory.
• Every attempt will be made to expend donated funds for the purposes specified by the donor within the current year. Donations that remain unspent at the end of the year may be carried over to the following budget year only upon Council approval.

4. Documentation and Reporting Requirements

Each Department is responsible for maintaining a log of all donations received. By January 31 of each year, each Department will submit its list of donations over $25,000 to the Recreation Cultural and Facility Services Department for coordination of a report to Council on the delegated authority used to accept donations.

This reporting requirement does not negate each Department’s responsibility to track donations of lesser values. General Managers of each Department are accountable for maintaining a complete record of all donations, whether in cash or in-kind. The log shall include the correct and complete name of the donor, the value of the contribution, a description of the donation, any agreed upon terms or limitations relating to the use of the donation, and any benefits to the donor.

All donations of $25,000 or more are to be documented by way of a Memorandum of Understanding. Donations valued at less than $25,000 will be documented and acknowledged by way of a Letter of Confirmation.

In cases where the donor requests no public acknowledgment, the City will honour the request subject to any disclosure that may be required pursuant to the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA).

5. Donation Receipts

Recipient Departments are responsible to determine whether a donation qualifies for an income tax receipt, in consultation with Revenue Services. If unclear about whether the donation qualifies, recipient Departments should consult the Donations Receipt Policy, their Financial Services Unit (FSU) and/or the Office of the City Clerk and Solicitor prior to accepting the donation.

6. Donation Recognition Standards

Donation recognition standards guide staff in determining the donor benefits that can be agreed to under delegated authority and based on the value of the donation.

• The value of a benefit to a donor cannot exceed the market value of the donation.
• Benefits to a donor with a value of up to 10% of the value of a donation, to a maximum of $1,000 are considered to be of nominal value. 
• Social recognition or acknowledgement of a donation through a thank you letter, acknowledgement in a City publication, or a simple sign or plaque at a City facility is considered to be of nominal value to the donor.
• General Managers, Directors, or Managers of the applicable Department are authorized to approve benefits to a donor valued at up to 50% of the market value of the donation, under delegated authority. For donations where the donor requests a benefit valued at more than 50% of the market value of the donation, and that exceeds the $1,000 nominal value threshold, Departments will seek Council approval.
• Recognition messaging on City property or assets must be limited to recognition of the donation and not extend into an endorsement or promotion of the donor, a product or service.
• Donor benefits are to be secondary in nature to the fulfillment of the primary objectives of a program benefiting from the donation (i.e. complimentary use opportunities of a facility will be secondary to the priority use objectives of the facility).
• The period of time over which a benefit is extended to a donor will:
  • Not exceed the useful lifespan of the gift
  • Not exceed 20 years, unless approved by Council

Recognition Thresholds

• General Managers, Directors, or Managers of the applicable Department are authorized to provide recognition for donations, where the benefit does not exceed 50% of the market value of the donation and to a maximum of $10,000 for a one-time recognition, or $10,000 annually to a maximum total value of $100,000 for multi-year recognition requests.
• When the value of the benefit exceeds $10,000 annually or $100,000 over the term of the agreement, departments are required to seek the approval of Council.
• General Managers are authorized to exceed benefit values under delegated authority by up to 10% to allow flexibility in concluding donation agreements. These adjustments are subject to reporting through the Delegation of Authority By-law.

Lobbyist Registry

• Donors who enter into discussions with staff to receive benefits for their donation beyond a nominal value will be asked to register with the City’s Lobbyist Registry.
• If the recognition is of nominal value, there is no requirement of the donor to register.
• Where interpretation is required, staff are will consult with the Lobbyist Registrar.

Naming Rights

• The awarding of naming rights for City facilities as part of a donation benefit are subject to the City’s Corporate Sponsorship and Advertising Policy and the Commemorative Naming Policy.

Responsibilities

Managers are responsible for:

• Authorizing all donations.
• Ensuring all conditions to issue a donation receipt are met when requested by donor.
• Arranging for any required professional appraisal of a donation, ensuring the appraiser meets the validity requirements and that his/her valuation is appropriate.
• Authorizing the Request for Official Donation Receipt form and the Summary Listing of Official Donation Receipts form as applicable.
• Ensuring donations are used for their intended purpose.
• Thanking and recognizing donors.

Office of the City Clerk and Solicitor is responsible for:

• Providing legal advice to assist departments with the application of this policy.

Revenue Services is responsible for:

• The efficient processing on all donations that receive a receipt.
• Issuing donation receipts on a timely basis.
• Guarding against the unauthorized use of donation receipts.
• Filing and information return with the CRA for returned donations.

The Financial Services Units are responsible for:

• Receiving the funds in a designated City account.
• Providing advice on receipting for a donation.

Recreation, Cultural and Facility Services is responsible for:

• Acting as the City’s lead on matters relating to donations.
• Maintaining and updating this policy and responding to offers that are not specific to any one City department.
• Preparing an annual report to Council on all donations exceeding $25,000.

Monitoring/Contraventions

Recipient departments are responsible for compliance with this Policy. Failure to comply with this policy may result in a loss of the donation. The Recreation, Cultural and Facility Services department will monitor the application of this Policy.

References

Accountability and Transparency Policy
Donation Receipt Policy
Donation Receipt Procedures
Commemorative Naming Policy
Public Art Policy
Real Property Acquisition Policy
Corporate Sponsorship and Advertising Policy

Legislative and administrative authorities

Cultural Property Export and Import Act
Income Tax Act, Canada
Ontario Municipal Act

Definitions

Donation – a voluntary transfer of property.

Donations for Community Benefits – Donations for community benefits encompass projects, cash, assets or activities that provide a public good.

In-kind Donation – A gift of goods or property other than cash such as capital property (including depreciable property) and personal-use property. A donation-in-kind does not include a gift of services.

Fair Market Value – The amount that could be expected to be realized in an arm’s length transaction in the local open market by a willing seller to a willing buyer.

Nominal Value – Certain advantages are of nominal value, and are considered too minimal to affect the value of a gift

Services –​​​​​​​ Can be professional or commercial services donated to the City.

Enquiries

Enquiries regarding donations should be directed to:

Program Manager
Business Support Services
Recreation, Cultural and Facility Services Department
Tel: 613-580-2424, ext. 46203

Appendices

None

Department: Office of the City Clerk
Approved By: City Council
Approval Date: February 12, 2003
Effective Date: February 12, 2003
Revision Approved By: City Clerk
Revision Dates: February 13, 2013; March 23, 2022; August 9, 2023 (Housekeeping amendments)

Policy statement

To provide direction regarding the use of City of Ottawa resources with respect to election-related matters.

Purpose

In compliance with the Municipal Elections Act, 1996 (the MEA), public funds and resources are not to be used for any election-related purposes, including the promotion of or opposition to the candidacy of a person for elected office.

Specifically, Section 88.18 of the MEA provides that municipalities “… shall establish rules and procedures with respect to the use of [municipal resources] during the election campaign period.” In addition, Subsection 88.8(4)5 of the MEA provides that a municipality shall not make a campaign contribution.

The Ontario Election Finances Act, 1990 and the Canada Elections Act, 2000 include similar prohibitions with respect to provincial and federal election campaigns. Specifically, Section 29 of the Election Finances Act, 1990 prohibits contributions from corporations, which includes municipal corporations. Section 363 of the Canada Elections Act, 2000 similarly provides that only individuals may make campaign contributions.

Application

This Policy applies:

• To all Members of City Council, City employees, and Council-appointed citizen members of the Built Heritage Committee in relation to the occurrence of a municipal election, by-election, or campaign related to a question on the ballot; and
• To all Members of City Council, City employees, and Council-appointed citizen members of the Built Heritage Committee in relation to any participation in federal and provincial elections that is partisan in nature.

Where applicable, provisions in this Policy shall also apply to activities of all candidates, registered third party advertisers and ballot question campaigns in relation to City resources. The term “election-related” may be used in this Policy to refer to the matters set out above.

Certain provisions of this Policy may be subject to additional City by-laws, policies and procedures. Guidance should be sought from the City Clerk or designate if clarification or interpretation is required, or if any situation arises that is not expressly addressed in this Policy or the Election-Related Blackout Period Procedures attached as Appendix 1.

Members of Council

This Policy applies to all Members of Council. That said, the blackout period provisions set out in Section 5 of this Policy and in the Election-Related Blackout Period Procedures attached as Appendix 1 do not apply to a Member who is acclaimed, or who is retiring from office and therefore is not a candidate in an election.

This Policy is intended to balance the duty of a Member to represent their constituents and the legal obligation of the City not to contribute to, or be perceived as contributing to, an election campaign. With respect to election-related activity, Section 14 of the Code of Conduct for Members of Council provides that Members are required to conduct themselves in accordance with the Municipal Elections Act, 1996 and this Policy.

It is recognized that Members, as elected officials, are responsible to serve their constituents and fulfill their responsibilities until the end of their term. That said, clear separation must exist between an elected official’s role as a Member of Council and their role as a candidate.

It is further recognized that there are no rules regarding the working hours that Members keep. Elected officials are often called upon to work at all hours of the day and night, as well as on weekends and holidays. They do not receive vacation or overtime, and there is no defined workday/paid time/on-duty time for a Member of Council. As such, a Member may be involved in election-related activities in their capacity as a candidate at times of the day that may generally be considered to be City “office hours.” This is permitted, as long as the Member’s activities do not contravene provisions of this Policy, and public funds and resources are not used for election-related purposes.

City employees

This Policy applies to all City employees, including employees in the offices of Members of Council.

In line with the City’s Employee Code of Conduct, City employees are expected to preserve the public trust and confidence in the City and apply the core values of their code of conduct to their daily work. City employees are ultimately responsible for conducting themselves in accordance with the Employee Code of Conduct as well as this Policy.

With respect to election-related activities, while the City encourages employees to become involved in their community, it is recognized that some activities unrelated to work can interfere with an employee’s ability to do their job and may undermine the neutrality of the City. Employees are expected to promote the principles of transparency, impartiality, respect and accountability as set out in Section 6 of this Policy.

Council-appointed Citizen Members of the Built Heritage Committee

This Policy applies to all Council-appointed citizen members of the Built Heritage Committee.

This Policy is intended to balance the duties of citizen members with the legal obligation of the City not to contribute to, or be perceived as contributing to, an election campaign. As such, citizen members engaged in political activities must take care to separate those personal activities from their appointed positions.

The Code of Conduct for Citizen Members of the Built Heritage Standing Committee applies to citizen members of the Built Heritage Committee when acting in their official capacity. The code of conduct requires that citizen members conduct themselves in accordance with the Municipal Elections Act, 1996 and this Policy.

Activities of candidates, registered third party advertisers and ballot question campaigns in relation to City resources

This Policy is intended to balance the statutory and legal rights of candidates, registered third party advertisers and campaigns related to a question on the ballot with the legal obligation of the City not to contribute to, or be perceived as contributing to, an election campaign. Provisions of this Policy will therefore apply to certain activities of all candidates, registered third party advertisers and ballot question campaigns that relate to the use of City resources. However, this Policy does not apply to candidate, third party advertiser and ballot question campaign activities that are unrelated to the use of City resources. This Policy also does not apply to candidates’ use of public information.

Policy requirements

Section 1 - General provisions

1. City resources shall not at any time be used to sponsor or produce any materials that promote or oppose the candidacy of a person for elected office, or that promote or oppose a campaign related to a question on the ballot.
2. Subject to Section 5 of this Policy and the Election-Related Blackout Period Procedures attached as Appendix 1, Subsection 1(1) of this Policy is not meant to restrict Members of Council from routinely communicating with ward constituents by way of materials such as flyers, newsletters, householders, websites and email, and through activities such as events. However, Members shall ensure that any communications materials or activities produced or funded using City resources comply with applicable provisions of this Policy and are not related to an election.

Section 2 - City events

Attendance at City events by Elected Officials

1. Members of Council and other elected officials may attend City-organized events and act as participants in their capacity as elected officials, including speaking at the event and partaking in ceremonial activities, provided that they do not promote or oppose the candidacy of a person for elected office. Attendance at City events by Members of Council during the blackout period is subject to Section 5 of this Policy as well as the Election-Related Blackout Period Procedures attached as Appendix 1.

Attendance at City events by candidates, registered third party advertisers and ballot question campaigns

2. Candidates, registered third party advertisers, ballot question campaigns and their representatives may attend City events in their capacity as private citizens, but shall not campaign while in attendance or distribute campaign-related materials.
3. Candidates, registered third party advertisers and representatives of ballot question campaigns shall not be invited to deliver formal remarks at a City event in their capacity as a candidate, registered third party advertiser or ballot question campaign representative.

Member-organized events in the year of a municipal election

4. Donations and sponsorships for Member-organized events in a municipal election year are subject to provisions of the Community, Fundraising and Special Events Policy, which is administered by the City of Ottawa’s Integrity Commissioner.
5. Member-organized events that use City resources, including a Member’s Constituency Services Budget, during the blackout period are subject to approval from the City Clerk or designate in accordance with Section 5 of this Policy and Subsections 5(1)(b) and 5(1)(c) of the Election-Related Blackout Period Procedures attached as Appendix 1.

Section 3 - City facilities

Booking space in City facilities

1. Members of the public, including community groups, candidates, registered third party advertisers, ballot question campaigns and their representatives, may book space in City facilities for election-related activities, subject to the following:
   1. The booking and any activities shall be subject to applicable City by-laws, rules, policies and procedures with respect to matters such as facility use, signs and campaigning;
   2. The subject organization/individual shall make its own arrangements directly with City staff and pay all of the associated costs for the event;
   3. City resources, including City staff, shall not play a role in the event outside of the general support associated with booking the space;
   4. Rental contract holders may decide who may participate in their event and what activities may take place in the rented area, provided the contract holders and participants respect facility rules and make appropriate use of the space as set out in the rental contract and applicable City by-laws, rules, policies and procedures; and
   5. With respect to City facilities that are used as a voting location:
      1. Space in such facilities shall not be booked for election-related activities on any day in which voting is to take place at the facility; and
      2. Any signs or promotional material relating to forthcoming election-related activities/events shall be removed from such facilities on any day in which voting is to take place at the facility. This does not apply to signs or promotional material placed by City staff in relation to the voting process.

2. Members’ Constituency Services Budgets, credits for community use of recreation facilities and other City resources shall not be used to book/sponsor City facilities for election-related activities (e.g. an all-candidates meeting at any level of government). This prohibition does not apply to events related to general participation in municipal government and/or the election process (e.g. information sessions for the public), which shall be subject to pre-approval from the City Clerk or designate further to the principles of this Policy, as well as the application of Subsection 4(2) of the Election-Related Blackout Period Procedures attached as Appendix 1.

Campaigning in City facilities and other City properties

3. Campaigning is permitted in common areas of City facilities (such as building lobbies and public entranceways), as well as on public right of way sidewalks and thoroughfares, and in public parks and public areas of transit stations, subject to the following:
   1. Anyone campaigning shall not impede traffic, cause safety issues or disrupt other facility users;
   2. Campaigning shall not occur at City events or programming;
   3. Anyone campaigning shall not enter City program spaces for the purpose of campaigning/soliciting support from participants in City programs;
   4. Anyone campaigning shall not enter rented spaces for the purpose of campaigning/soliciting support from participants at private functions without permission from the rental contract holder;
   5. The Parks and Facilities By-law regulates and promotes the responsible enjoyment and use of City parks and related facilities. Use of parks and related facilities for formal campaigning purposes such as events, rallies etc. shall be subject to review by the Parks, Recreation and Facility Services Department and any applicable by-law conditions and/or other requirements with respect to permits, contracts and/or permission letters; and
   6. The Transit By-law regulates public transit, including fares and transfers, proof of payment, transit passes, general prohibitions, Transitway guidelines, Park & Ride lots, permits, fees and enforcement. Use of public areas of transit stations for formal campaigning purposes such as events, rallies etc. shall be subject to review by the Transit Services Department and any applicable by-law conditions and/or other requirements with respect to permits, contracts and/or permission letters.

4. The placement of election signs on public and private property for municipal, provincial, and federal elections is regulated by the Signs on City Roads By-law and the Temporary Signs on Private Property By-law. Election signs are not permitted “in or upon transit property” pursuant to the Transit By-law but are otherwise permitted to be placed on nearby City property upon the “inner boulevard” as described in the Signs on City Roads By-law.

Section 4 - City resources

Members’ communications and related matters

1. As set out in Subsection 1(2) of this Policy, all Members of Council shall ensure that the content of any communications materials produced or funded using City resources is not for an election-related purpose, including the promotion of or opposition to the candidacy of a person for elected office. Section 5 of this Policy, as well as the Election-Related Blackout Period Procedures attached as Appendix 1, apply to Members’ communications materials during the blackout period.
2. City resources shall not be used to pay for, access, develop, maintain or update election-related communications platforms such as campaign websites and social media accounts. This includes but is not limited to the use of City-funded computers, tablets and smartphones; City wireless networks available to the Member’s office and not the general public; Members’ office staff during the working hours for those office staff; and/or Members’ Constituency Services Budgets.
3. Communications materials, including photographic or video materials, which were or are created or produced by City employees or with City resources shall not be used in campaign materials or for any other election-related purposes.
4. Constituent information (including telephone numbers and email and mailing addresses) that is collected, stored, accessed, maintained or updated using City resources shall not be used for election-related purposes.
5. Members shall ensure that any communications materials issued to constituents following an election or by-election do not include reference to election-related matters. This includes but is not limited to the following:
   1. Communications materials issued by a Member shall not thank people for voting or support, or refer to matters such as the campaign, other candidates or the election. Such materials may include a general statement to the effect of being proud or honoured to continue to represent constituents; and
   2. Communications materials issued by a Member shall not include statements to the effect of farewell columns or a summary of past achievements/term of office, etc.

Members’ websites

6. A Member’s website that is paid for, accessed, maintained, developed or updated using City resources shall not be used for any election-related purposes. This includes but is not limited to a Member’s website that:
   1. Uses City funds for hosting and/or maintenance fees;
   2. Is updated/maintained by office staff during regular working hours or using City infrastructure; and
   3. Is referenced in the Member’s activities relating to their role as an elected official, such as the Member’s communications materials (e.g. City-funded Member’s website, business cards, email signature blocks, letterhead, community newspaper columns, flyers, photographs, householders, newsletters, advertisements, media releases, mail outs and emails).
7. If a Member is converting a website that has been paid for, accessed, maintained, developed or updated using City resources to a campaign website for election-related purposes:
   1. The Member shall provide the City Clerk or designate with at least 24 hours’ notice of the conversion to ensure any links to the website may be removed from ottawa.ca in compliance with Subsection 4(13) of this Policy;
   2. The Member shall pay for the website personally when renewing the hosting service until the campaign budget takes over. A campaign shall not be permitted to reimburse the City for costs; and
   3. Any links or references to converted (campaign/election-related) websites shall be removed from the Member’s activities relating to their role as an elected official and shall not be provided on the Member’s communications materials (e.g. business cards, email signature blocks, letterhead, community newspaper columns, flyers, photographs, householders, newsletters, advertisements, media releases, mail outs and emails).
8. Members shall not use a website that is paid for, accessed, maintained, developed or updated using City resources:
   1. To provide an endorsement of a candidate at any level of government or of a campaign related to a question on the ballot; and/or
   2. To link to a website/social media account of a candidate at any level of government or a campaign related to a question on the ballot.
9. The following applies to links/widgets to a Member’s social media account(s) that appear on a Member’s website that is paid for, accessed, maintained, developed or updated using City resources:
   1. Links/widgets to a Member’s social media account(s) that appear on a Member’s website are to be removed from the website for the duration of the blackout period, as set out in Subsection 3(3) of the Election-Related Blackout Period Procedures attached as Appendix 1.
   2. If a Member intends to use their social media account(s) for election-related purposes (i.e. election-related posts or sharing) at any time, including but not limited to a municipal election/by-election, or federal/provincial election/by-election, the Member shall ensure that any links or widgets to their social media account(s) are removed from the Member’s website and shall notify the City Clerk upon removal.

Members’ social media use

10. Social media accounts that are free to use are generally not considered to be City resources. These accounts are personal to the individual Member and have not been created by the City of Ottawa, nor are they used by the City for the purposes of official communications. That said, the following applies to social media accounts of Members of Council:
    1. Members are encouraged to clearly distinguish between an elected official social media account and a campaign (election-related) social media account. Any official ward-based social media account operated by a Member’s City-funded office (i.e. the “Ward ____” account, the “____ Ward” account) should not be used for election-related purposes;
    2. Members who post or share election-related materials through a social media account shall ensure that those activities are not conducted using City resources, including but not limited to office staff during regular working hours or using City infrastructure such as smartphones and computers; and
    3. If a Member’s social media account includes election-related posts or sharing, any links or references to that account shall not appear on the Member’s communications materials (e.g. City-funded Member’s website, business cards, email signature blocks, letterhead, community newspaper columns, flyers, photographs, householders, newsletters, advertisements, media releases, mail outs and emails).
11. Members shall follow any guidance issued by the Integrity Commissioner with respect to social media use. The Code of Conduct for Members of Council applies to Members’ social media activity.

Members’ content on ottawa.ca

12. Members’ content on ottawa.ca, including biographies, shall not be related to an election, and shall be provided to the City Clerk or designate for review to ensure compliance with this policy when initially posted or substantially revised.
13. The following applies to links to Members’ content on ottawa.ca:
    1. Links on ottawa.ca to a Member’s website(s) shall be removed from ottawa.ca if the Member’s website is used for election-related purposes (i.e. converted in full or in part from an elected official website to a campaign website).
    2. Links on ottawa.ca to a Member’s social media account(s) shall be removed from ottawa.ca if the social media account is used for election-related purposes (i.e. election-related posts or sharing). If a Member intends to use their social media account(s) for election-related purposes at any time, including but not limited to a municipal election/by-election, or federal/provincial election/by-election, the Member shall provide the City Clerk or designate with at least 24 hours’ notice of the use to ensure any links/widgets to social media account(s) may be removed from ottawa.ca.
    3. Links on ottawa.ca to a Member’s website(s) and social media account(s) shall be removed from ottawa.ca for the duration of the blackout period, as set out in Subsection 3(2) of the Election-Related Blackout Period Procedures attached as Appendix 1.

City communications and related matters

14. City-funded websites or domain names shall not include any campaign materials, make reference to and identify any individual as a candidate, registered third party advertiser or ballot question campaign member, or profile any slogan or symbol associated with a candidate, registered third party advertiser, or ballot question campaign. This prohibition does not apply to the identification of candidates on official municipal election or by-election pages of ottawa.ca.
15. Corporate social media accounts identified under the City’s Social Media Protocol shall not reissue or repurpose (e.g. by way of “retweeting,” “liking,” or linking to) any posts by a nominated candidate (for office on municipal Council, or provincial or federal candidates). This restriction does not apply to posts by the Mayor related to intergovernmental activities and proclamations in the Mayor’s capacity as Chief Executive Officer of the City as set out in Sections 225 and 226.1 of the Municipal Act, 2001.

City information and related matters

16. City information provided upon request to one candidate, registered third party advertiser or ballot question campaign shall also be provided to any other candidate, registered third party advertiser or ballot question campaign that requests the same information.
17. Requests by a candidate, registered third party advertiser or ballot question campaign for individual meetings with General Managers or other City employees, or for tours of City facilities, may not always be accommodated due to resource and time constraints. If such a meeting or tour is organized for one candidate, registered third party advertiser or ballot question campaign, the department shall also organize a similar meeting or tour for any other candidate, registered third party advertiser or ballot question campaign that makes such a request.

City visual identity and related matters

18. The City’s corporate logos, official marks, slogan, coat of arms etc., shall not be printed, posted or distributed on any campaign materials except to link to the City’s website to obtain information about the municipal election.
19. Photographic or video materials that are copyright of the City or that are or have been created by City employees or with City resources shall not be used for any external election-related purpose or in campaign materials.

Members’ constituency services budgets

20. In a municipal election year, a pro-rated portion of the annual budget for each Members’ office shall be reserved for the new term of Council. Up to 10.5/12 of the budget may be spent by the incumbent Member and 1.5/12 shall be reserved for the next term. Staff in the Office of the City Clerk shall monitor expenditures to assist each office in ensuring that the budget threshold is not exceeded.
21. In the event of a ward or city-wide by-election, or an appointment to fill a vacancy in the Office of a Member of Council, funds from the vacated Member’s office shall be set aside on a pro-rated basis for the newly elected representative based on the start date of the new Member.
22. Pursuant to Subsection 4(21), any pre-committed funds and obligations, such as web hosting fees, shall be brought to the attention of the City Clerk or designate within 48 hours of the certification and shall be addressed on a case-by-case basis.

Members’ ward accounts relating to City programs

23. In the year of a municipal election, the following applies to any request/direction a Councillor wishes to provide to staff with respect to the use of ward accounts for which the Councillor has delegated authority to access and/or approve the use of City funds relating to Section 37 community benefits, the Cash-in-Lieu of Parkland Funds Policy and/or the Temporary Traffic Calming Measures Program:
    1. As noted in Subsection 2(4) of the Election-Related Blackout Period Procedures, during the blackout period:
       1. A Councillor who is a candidate for any office in the municipal election shall not provide any request/direction to staff regarding the use of the above-noted ward accounts.
       2. A Councillor who is not a candidate for any office in the municipal election, or who has been acclaimed, may provide requests/direction to staff regarding the use of the above-noted ward accounts, in accordance with any policy provisions relating to the ward account.
    2. Before the start of the blackout period, and after Voting Day and until the end of the Term of Council, a Councillor may provide requests/direction to staff regarding the use of the above-noted ward accounts, in accordance with any policy provisions relating to the ward account.

Election campaigns at other levels of government

24. Members of Council shall not use City resources to host, promote, sponsor or otherwise organize or assist with any event that involves direct participation by candidates at other levels of government, given that there is potential for partisanship, real or perceived, to occur at, or in the organization of, any such event that directly involves candidate participation.
25. Members of Council may communicate with constituents regarding federal/provincial matters relevant to the ward/City of Ottawa, as well as any issues that have a direct bearing on municipal business between the federal/provincial government and the City of Ottawa. Any such communication shall be non-partisan in nature and may be conducted through communications such as general questionnaires to all candidates, or messages to constituents highlighting federal/provincial matters of importance to the ward without commentary/indicating a preference for a particular candidate/party.
26. The following applies if a Member of Council becomes a candidate in a provincial or federal election/by-election:
    1. A Member who is a candidate shall seek guidance from the City Clerk with respect to responsibilities and obligations required to comply with this Policy. While certain restrictions may apply in order to ensure compliance with this Policy and its purpose, it is recognized that the Member continues to be the elected representative and may remain active in their capacity as the Ward Councillor. This may include participating in meetings of City Council, its Standing Committees, Transit Commission and Sub-Committees, attending City and community meetings and events in their capacity as Ward Councillor, and fulfilling any other statutory roles and responsibilities of a Member of Council.
    2. Communications materials published, issued or otherwise used by a Member who is a candidate shall not advertise the Member’s participation/attendance in events.
    3. Following a provincial or federal election/by-election, Subsection 4(5) of this Policy applies to any communications materials issued to constituents by a Member who is a candidate.
    4. Communications materials published, issued or otherwise used by the City shall not reference the name or image of a Member of Council who is a candidate in a federal/provincial election/by-election. This includes but is not limited to municipal publications, advertisements, media releases and public service announcements, speaking notes and social media content (e.g. Corporate City social media accounts identified under the City’s Social Media Protocol shall not retweet, link to, “like,” or otherwise reissue or repurpose the Member’s communications during the blackout period). This does not include materials such as Council and Committee meeting minutes and agendas.
    5. Any reference made in City communications materials to a specific Ward Councillor who is a candidate in a federal/provincial election/by-election shall be to the “Ward Councillor for Ward ___,” or “Chair of the ___ Committee,” rather than by name. The Mayor shall be subject to the same restrictions as Ward Councillors, but may be named in media releases and City materials related to intergovernmental activities and proclamations only in the Mayor’s capacity as Chief Executive Officer of the City as set out in Sections 225 and 226.1 of the Municipal Act, 2001.
    6. Media releases, speaking notes and other communications materials that relate to a Member of Council who is a candidate in a federal/provincial election/by-election and are to be published, used or distributed by the City during the applicable campaign period shall be provided to the City Clerk or designate for review and approval.
    7. Section 6 of this Policy applies with respect to the Member’s staff and any other City employees should they be engaged in political activities.

Section 5 - Restrictions during the 60-day blackout period prior to and including voting day

1. In a municipal election year or in the event of a by-election, City resources including Members’ Constituency Services Budgets are not to be used to sponsor any advertisements, flyers, newsletters, householders and other communications with ward constituents for the 60-day period prior to and including Voting Day. General prohibitions and restrictions also apply during this period to the holding of events by Members, event-related activities, and other uses of City resources, as described in the Election-Related Blackout Period Procedures attached as Appendix 1.
2. Despite Subsection 5(1) of this Policy, where an emergency occurs, a non-emergency-related community issue arises or where a Member’s annual community event is held during the blackout period, a Member may participate in certain activities or use City resources to communicate with constituents with the approval of the City Clerk or designate in accordance with Section 5 of the Election-Related Blackout Period Procedures attached as Appendix 1.
3. The prohibitions set out in Subsection 5(1) of this Policy do not apply to a Member who is acclaimed, or who is retiring from office and therefore is not a candidate in the election.
4. City staff shall make all efforts to hold outside of the blackout period any City event that may require participation from Members who are election candidates. If a City event that may require participation from such Members must be held during the blackout period due to statutory/project timelines or other scheduling considerations, staff shall consult with the City Clerk or designate and receive approval regarding the event further to the principles of this Policy.

Section 6 - City employees

1. The following applies to City employee participation in City or external community events in their official position as a City employee:
   1. A City employee may participate in an event, by providing information or otherwise, if the event has no election-related purposes, including the promotion of or opposition to the candidacy of a person for elected office.
   2. A City employee shall not participate in any event, by providing information or otherwise, if an event is to have any election-related purposes, including the promotion of or opposition to the candidacy of a person for elected office.
   3. A City employee shall seek guidance from the City Clerk or designate with respect to participation in any of the following:
      1. Events involving one or more candidates at any level of government as participants;
      2. Events involving one or more Members of Council as participants during the blackout period;
      3. Events related to matters at the provincial/federal level during a provincial/federal election campaign, as the case may be; and/or
      4. Events involving one or more MPPs or MPs as participants following the issuing of the writ.
2. Employees engaged in political activities shall separate those personal activities from their official positions. This includes the following:
   1. Employees may participate in political activity at the municipal, provincial and federal levels provided that such activity does not take place during the employee’s City work hours or use City resources;
   2. Employees who involve themselves in an election campaign by posting or sharing campaign-related materials through personal social media accounts shall separate these activities from their role as a City employee and shall ensure that none of these activities are done during the employee’s City work hours or using City resources;
   3. Any City information obtained by an employee through their employment with the City shall not be used for election-related purposes; and
   4. Employees in the offices of Members of Council must ensure vacation or Time Off In Lieu is submitted to the Program Manager, Council Support Services, or Program Manager, Mayor Support Services, or their designates, as the case may be, in advance of any campaign-related work conducted during traditional working hours.
3. Notices, posters or similar materials in support of a particular candidate, campaign related to a question on the ballot, or political party shall not be displayed or distributed by employees at City work sites or at City facilities.
4. Employees wishing to run for municipal, provincial or federal office shall request and obtain a leave of absence without pay, and abide by the respective legislation governing such elections. Employees with questions regarding their obligations with respect to obtaining a leave of absence without pay may contact the City Clerk or designate.
5. Should an employee of a sitting Member of Council wish to run for election or by-election, that employee shall begin the required leave of absence immediately upon certification of the nomination by the City Clerk or designate. Subsequently, all employee accesses (including email and security) related to the Member’s office shall be suspended and all City resources used by the individual as a result of employment within the Member’s office (such as computers, smartphones and electronic storage devices) shall be returned immediately.
6. An employee who identifies a potential conflict of interest with respect to election-related matters (e.g. a family member or close friend is a candidate, etc.) shall advise the manager or director to whom they report in writing of the potential conflict of interest in accordance with the Employee Code of Conduct. Thereafter, the manager or director shall develop a process, with input from the City Clerk or designate and Legal Services, to insulate the employee against any claim of conflict, be it real or perceived.

Responsibilities

Members of Council

• Ensure relevant requirements of this Policy and its Procedures are fulfilled in any duties and activities undertaken.
• Understand and support this Policy and its Procedures and ensure accountability for their actions.
• Seek clarification of any aspect of this Policy and its Procedures, as required.

Citizen Members of the Built Heritage Committee

• Ensure relevant requirements of this Policy and its Procedures are fulfilled in any duties and activities undertaken.
• Understand and support this Policy and its Procedures and ensure accountability for their actions.
• Seek clarification of any aspect of this Policy and its Procedures, as required.

City employees, including management

• Ensure relevant requirements of this Policy and its Procedures are fulfilled in any duties and activities undertaken in their official position as a City employee.
• Ensure relevant requirements of this Policy and its Procedures are fulfilled with respect to any political activity or candidacy undertaken by the employee, and regarding any conflict of interest identified by the employee.
• Understand and support this Policy and its Procedures and ensure accountability for their actions.
• Seek clarification of any aspect of this Policy and its Procedures, as required.

City Clerk

• Ensure relevant requirements of this Policy and its Procedures are fulfilled in any duties and activities undertaken.
• Ensure the administration, communication, interpretation and monitoring/enforcement of this Policy and its Procedures.
• Receive and respond to any complaints, concerns and inquiries/requests for guidance related to this Policy and its Procedures.
• Delegate in writing any designate(s) assigned to administer any or all of this Policy and its Procedures.
• Review this Policy and its Procedures at least every two years through the City’s governance reviews as well as in the third year of the Council term, and as required by changes to legislation. The City Clerk is authorized to make minor administrative updates as may be necessary to maintain compliance and consistency with legislation, while respecting and preserving the intent of the Policy and its Procedures.

Monitoring/Contraventions

Guidance and interpretation

The City Clerk or designate shall have the delegated authority to provide guidance with respect to election-related matters in relation to this Policy and/or its Procedures, and to issue in writing any interpretation on the application of this Policy and/or its Procedures and any related approvals or prohibitions. Such guidance, interpretation, approvals and prohibitions shall be based on the overarching legislative requirement for public funds and resources not to be used for any election-related purposes, including the promotion of or opposition to the candidacy of a person for elected office.

Complaints and investigation

The City Clerk or designate shall have the delegated authority to receive and investigate any written complaint with respect to the alleged use of City of Ottawa resources in contravention of this Policy and/or its Procedures. The written complaint must be submitted to the City Clerk or designate and set out specific example(s) and corresponding details of how the alleged use of a particular City resource may have contravened this Policy and/or its Procedures.

Upon completion of any investigation, the City Clerk or designate may resolve any issues and, if necessary, determine appropriate corrective action based on the findings of the investigation, in consultation with the City of Ottawa’s Integrity Commissioner as necessary in relation to the Code of Conduct for Members of Council or Code of Conduct for Citizen Members of the Built Heritage Standing Committee, as described below. If the investigation determines that a Member of Council or citizen member of the Built Heritage Committee has  contravened the Policy and/or its Procedures, the Member or citizen member shall be required to personally repay any direct costs associated with the breach. The City Clerk shall advise the complainant of the outcome of the complaint and any repayment that was made. The City Clerk shall report on the exercise of delegated authority under this Policy to the appropriate Standing Committee following a municipal election or by-election.

It is also recognized that matters related to election-related activity are included in the codes of conduct applicable to Members of Council and citizen members of the Built Heritage Committee, which are under the mandate of the City of Ottawa’s Integrity Commissioner and to which separate complaint protocols apply. For example, Section 14 of the Code of Conduct for Members of Council states as follows:

“Members of Council are required to conduct themselves in accordance with the Municipal Elections Act, 1996 and the City’s Election-Related Resources Policy. The use of municipal resources, both actual municipal property and staff time, for election-related activity is strictly prohibited. The prohibition applies to both the promotion and opposition to the candidacy of a person for elected office. Election-related activity applies not only to a Member’s personal campaign for office, but also other campaigns for municipal, provincial and federal office.”

If the investigation by the City Clerk or designate determines that a City employee contravened this Policy and/or its Procedures, the failure on the part of an employee to comply with this Policy and/or its Procedures may result in corrective action as appropriate, including discipline up to and including dismissal.

References

Code of Conduct for Members of Council

Code of Conduct for Citizen Members of the Built Heritage Standing Committee

Community, Fundraising and Special Events Policy

Corporate Communications Policy/City of Ottawa Visual Identity Guidelines

Council Expense Policy

Election-Related Blackout Period Procedures

Employee Code of Conduct

Integrity Commissioner Interpretation Bulletin on the Use of Social Media

Parks and Facilities By-law

Signs on City Roads By-law

Social Media Protocol

Temporary Signs on Private Property By-law

Transit By-law

Legislative and administrative authorities

Canada Elections Act

Election Finances Act

Municipal Act, 2001

Municipal Elections Act, 1996

Recordkeeping requirements

As per the Records Management Policy, Official Business Records generated as a result of the execution of this policy must be declared as such in the appropriate SharePoint site, RMS (Records Management System) or approved business system.

Definitions

“Blackout period” is the 60-day period prior to and including Voting Day in relation to the occurrence of a municipal election or by-election.

“Campaign materials” means any materials used to solicit votes for, or opposition to, a candidate or campaign related to a question on the ballot, including but not limited to literature, banners, posters, pictures, buttons, clothing, or other paraphernalia. Campaign materials also include but are not limited to materials in all media, such as print, displays, electronic, radio or television and online sources including websites or social media.

“Campaigning” means any activity by or on behalf of a candidate, registered third party advertiser, political party, or campaign related to a question on a ballot meant to elicit support for, or opposition to, a candidate, registered third party advertiser, political party, or campaign related to a question on a ballot. Campaigning does not include the appearance of elected officials, other candidates, registered third party advertisers or ballot question campaign members at an event in their personal capacity without the display of any signage, graphics or campaign-related clothing, buttons and other paraphernalia that identify the individual as a candidate, registered third party advertiser or ballot question campaign member and without the solicitation of votes (including distribution of campaign materials).

“Candidate” means any person who has filed and not withdrawn a nomination for an elected office at the municipal (including school board), provincial or federal level in an election or by-election.

“City resources” means, but is not limited to: City employees/City staff, City events, City facilities, City funds, City information and City infrastructure, as follows:

• “City employees” and “City staff” – All non-union management and exempt employees, and all members of City bargaining units. This includes full-time, part-time, casual, temporary, seasonal and contract employees, and employees in the offices of Members of Council.
• “City events” – Events funded or organized by City departments and/or Members of Council, including events that may be jointly organized with community organizations or with external sponsors. This includes but is not limited to:

• • Announcements relating to City programs, policies and other initiatives, including funding announcements;
  • Celebratory, commemorative, educational or memorial events;
  • Community meetings, consultations and other gatherings;
  • Facility openings; and
  • Open houses.

• “City facilities” – Any facility that is owned or leased by the City of Ottawa and/or its departments and that is directly managed and operated by City departments or programs. This includes the Ward Offices of Members of Council.

• “City funds” – Funding support provided through the City’s annual operating or capital budgets, including but not limited to funds provided directly to City programs and services as well as Members’ Constituency Services Budgets.

• “City information” – Any information in the custody and control of the City, including databases that may be the repository of names, contact information, business records, financial information or other identifiers compiled and used by City employees to conduct City business.

• “City infrastructure” – Any physical or technology systems that support the operation of City programs and services, including but not limited to City fleet vehicles, public display signage, computer network, telecommunications and email system, wireless equipment, computer hardware, software and peripherals, internet and intranet.

“Communications materials” means materials produced for the purpose of communicating with residents, including but not limited to business cards, email signature blocks, letterhead, newspaper columns, flyers, photographs, householders, newsletters, advertisements, media releases, mail outs and emails. Communications materials include materials in all media, such as print, displays and other physical formats, electronic, radio or television and online sources including websites or social media.

“Contribution” means the general definition set out in the Municipal Elections Act, 1996 (MEA), which includes but is not limited to the following:

• For an election campaign – As set out in Subsection 88.15(1) of the MEA: “… [M]oney, goods and services given to and accepted by a person for his or her election campaign, or given to and accepted by another person who is acting under the person’s direction, are contributions.”
• For third party advertisements – As set out in Subsection 88.15(2) of the MEA: “… [M]oney, goods and services given to and accepted by an individual, corporation or trade union in relation to third party advertisements, or given to and accepted by another person who is acting under the direction of the individual, corporation or trade union, are contributions.”

“Elected officials” means individuals elected to Ottawa City Council, the Legislative Assembly of Ontario, the House of Commons, or a school board.

“Member’s annual community event” means an event that has been staged by a Member of Council in the previous two years (with similar event name/title, same approximate date and same general purpose).

“Members” means the Mayor and Councillors of the City of Ottawa.

“Political party” means a political party for a provincial and/or federal election that is registered in accordance with applicable provisions of Ontario’s Election Finances Act or the Canada Elections Act.

“Question on the ballot” means any question or by-law submitted to the electors by Council, a school board or other elected local board, or the Minister of Municipal Affairs under the Municipal Elections Act, 1996.

“Registered third party advertiser” means, in relation to a municipal election, an individual, corporation or trade union that is registered with the City Clerk, as per Section 88.6 of the Municipal Elections Act, 1996, whose purpose is to promote, support or oppose a candidate for office, or an issue on a question on a ballot, and is not under the direction of a candidate.

“Third party advertisement” means an advertisement in any broadcast, print, electronic or other medium that has the purpose of promoting, supporting or opposing a candidate, or a “yes” or “no” answer to a question on the ballot, but does not include an advertisement by or under the direction of a candidate, as per the definition established under Subsection 1(1) of the Municipal Elections Act, 1996. Further to Subsection 1(2) of the Municipal Elections Act, 1996, an advertisement is deemed not to be a third party advertisement if the person or entity that causes the advertisement to appear in any broadcast, print, electronic or other medium incurs no expenses in relation to the advertisement. Furthermore, as per Subsection 1(2.1) of the Municipal Elections Act, 1996, an advertisement is deemed not to be a third party advertisement when it is given or transmitted by an individual to his or her employees, by a corporation to its shareholders, directors, members or employees or by a trade union to its members or employees.

“Voting Day” means the day the final vote is to be taken in an election or by-election, as set out in the applicable legislation (municipal, provincial or federal).

Enquiries

For more information on this Policy, contact:

M. Rick O'Connor
City Clerk
City of Ottawa
Tel: 613-580-2424 ext. 21215
rick.oconnor@ottawa.ca

Appendices

Appendix 1 - Election-Related Blackout Period Procedures

Department: Office of the City Clerk
Approved By: City Council
Approval Date: March 23, 2022
Effective Date: March 23, 2022
Revision Approved By: City Clerk
Revision Approval Date: August 9, 2023 (Housekeeping amendments)

Application

Further to Section 5 of the Election-Related Resources Policy, these Procedures apply to Members of Council and City staff during the 60-day blackout period prior to and including Voting Day in relation to the occurrence of a municipal election or by-election.

That said, these Procedures do not apply to a Member who is acclaimed, or who is retiring from office and therefore is not a candidate in the election. The Procedures also do not apply where City resources (e.g. facilities and infrastructure) are available for use by the public generally and the Member is receiving no special preference with respect to their use.

In certain circumstances, provisions of these Procedures may apply to Council-appointed citizen members of the Built Heritage Committee.

The blackout period for the 2022 Municipal Elections was Thursday, August 25, 2022, up to and including Monday, October 24, 2022 (Voting Day).

Guidance should be sought from the City Clerk or designate if clarification or interpretation is required, or if any situation arises that is not expressly addressed in these Procedures or the Election-Related Resources Policy.

Procedure description

Section 1 - Event attendance by Members of Council

City events

1. A Member of Council may attend City events during the blackout period in their capacity as an elected official provided they maintain a low profile in accordance with the following:
   1. The Member shall not campaign at the event and no campaign materials or campaign workers identified by way of campaign-related clothing, buttons or other paraphernalia shall be present;
   2. The Member’s participation/attendance shall not be advertised in any City or Member-issued communications materials (e.g. brochures, websites, pamphlets, signage, social media posts, newsletters, invitations, news releases, etc.);
   3. City resources shall not be used to promote the Member (e.g. banners, flyers, promotional items, social media posts, et);
   4. Any references made to the Member in communications materials or at the event itself shall be to the “Ward Councillor for Ward ___” or “Chair of the ___ Committee,” rather than by name;
   5. Any speeches by the Member shall not reference the municipal election/campaign and the Member shall not address successes while serving as a Member of Council;
   6. Any speaking notes or communications products/materials may be provided to the City Clerk or designate for review to ensure compliance with the Election-Related Resources Policy and these Procedures; and
   7. The Member may contact the City Clerk or designate for specific guidance in relation to the event.
2. Subsection 1(1) of these Procedures does not apply to a Member’s attendance and participation at the Member’s own annual community event, which is subject to any conditions provided by the City Clerk in accordance with Subsection 5(1)(b) of these Procedures.
3. Members shall ensure their backgrounds and attire during any virtual events and meetings held by the City during the blackout period are neutral, without reference to the election campaign (e.g. campaign colours, campaign materials and related memorabilia, etc.).

Non-ticketed or complimentary ticketed external community events (e.g. ceremonial/invited attendance at community association meetings, business openings, sporting events, parades, fairs or festivals, etc. that the Member attends further to an invitation or complimentary ticket)

4. External organizations such as community groups and other levels of government may continue to invite Members of Council to attend and participate in events in their capacity as elected officials during the blackout period. A Member may attend community events during the blackout period in their capacity as an elected official provided they maintain a low profile in accordance with the following:
   1. The Member shall not participate in high-profile activities such as ribbon cutting, contests, first pitch at a baseball game, etc.;
   2. The Member shall not campaign at the event and no campaign materials or campaign workers identified by way of campaign-related clothing, buttons or other paraphernalia shall be present;
   3. The Member’s participation/attendance shall not be advertised in any City or Member-issued communications materials (e.g. brochures, websites, pamphlets, signage, social media posts, newsletters, invitations, news releases, et);
   4. City resources shall not be used to promote the Member (e.g. banners, flyers, promotional items, social media posts, etc.);
   5. Any speeches by the Member shall not reference the municipal election/campaign and the Member shall not address successes while serving as a Member of Council; and
   6. The Member may contact the City Clerk or designate for specific guidance in relation to the event.
5. If one or more complimentary ticket(s)/seat(s) are offered for an event, the Members shall consult the Integrity Commissioner regarding the potential acceptance of these items, which may be subject to provisions of the Code of Conduct for Members of Council and/or the Lobbyist Registry By-law.

Ticketed external community events (e.g. fundraisers and other events for which the Member would purchase a ticket)

6. Pursuant to Section 4 of these Procedures, a Member shall not use City resources, including their Constituency Services Budget:
   1. To purchase a ticket to a community event that occurs during the blackout period; or
   2. To purchase a ticket during the blackout period for a community event that occurs outside the blackout period.
7. A Member may use personal funds to purchase a ticket to attend a ticketed external community event during the blackout period:
   1. In their capacity as a Member of Council, in which case the Member shall be subject to the provisions set out in Subsection 1(4) of these Procedures; or
   2. As a candidate.

Application to Council-appointed Citizen Members

8. Where relevant, Section 1 of these Procedures applies to Council-appointed citizen members of the Built Heritage Committee.

Section 2 - City facilities and resources

Signage and related matter

1. Public display signage on City resources that includes a Member’s name and/or image shall be administered as follows:
   1. Wayfinding signage on roads leading to ward offices shall be covered during the blackout period;
   2. Ward office signage on the exterior of a facility shall be covered during the blackout period; and
   3. Ward office signage on the interior of a facility that will be used as a polling location shall be covered on days in which voting takes place at the facility.
2. Public display signage on speed signs, speed guns, construction signs, “slow down” signs, lawn signs, and other related materials that includes a Member’s name and/or image shall be administered as follows:
   1. For all signage within the care and custody of City departments, City staff shall ensure that the Member’s name/image is covered for the duration of the blackout period; and
   2. For all signage purchased and placed/distributed by a Member’s office, the Member shall ensure that the Member’s name/image is covered or removed for the duration of the blackout period.
3. Members shall remove any materials from past elections from the walls of their City Hall and ward offices during the blackout period.

Members’ Ward accounts relating to City programs

4. Subsection 4(23) of the Election-Related Resources Policy applies in the year of a municipal election to any request/direction a Councillor wishes to provide with respect to the use of ward accounts for which the Councillor has delegated authority to access and/or approve the use of City funds relating to Section 37 community benefits, the Cash-in-Lieu of Parkland Funds Policy and/or the Temporary Traffic Calming Measures Program. During the blackout period:
   1. A Councillor who is a candidate for any office in the municipal election shall not provide any request/direction to staff regarding the use of the above-noted ward accounts.
   2. A Councillor who is not a candidate for any office in the municipal election, or who has been acclaimed, may provide requests/direction to staff regarding the use of the above-noted ward accounts, in accordance with any policy provisions relating to the ward account.

Section 3 - Communications and related matters

Members’ content on ottawa.ca

1. Members’ content on ottawa.ca, including biographies, shall become static and shall not be updated throughout the blackout period apart from any minor administrative changes reviewed by the City Clerk or designate.
2. Links on ottawa.ca to a Member’s website(s) and social media account(s) shall be removed from ottawa.ca for the duration of the blackout period pursuant to Subsection 4(13)(c) of the Election-Related Resources Policy.

Members’ websites

3. A Member’s website paid for, accessed, maintained, developed or updated using City resources shall not be maintained or updated during the blackout period. Any links or widgets to a Member’s social media accounts that appear on a Member’s website that is paid for, accessed, maintained, developed or updated using City resources are to be removed from the website for the duration of the blackout period.

Members’ flyers, householders, newsletters, advertisements, mail outs, etc.

4. All Members’ flyers, householders, newsletters, advertisements, mail outs, etc. shall be published and distributed/delivered no later than the beginning of the blackout period.
5. Advertisements funded by Members’ Constituency Services Budgets shall not appear in publications published during the blackout period.
6. Members’ community newspaper/blog columns shall not appear in publications published during the blackout period.

Proclamations, ceremonial documents and internal City fundraising drives

7. The Mayor may continue to make proclamations during the blackout period upon request from an individual or organization in accordance with the City of Ottawa Proclamation Procedures, further to the Mayor’s statutory role as the Chief Executive Officer of the City as set out in Sections 225 and 226.1 of the Municipal Act, 2001.
8. Members shall not issue ceremonial and celebratory documents such as employee retirement certificates, anniversary celebration scrolls and letters of welcoming/congratulations during the blackout period.
9. Subject to approval from the City Clerk or designate, time-sensitive internal messages from Members to City employees with respect to annual fundraising drives, employee initiatives, etc. may continue during the blackout period. Any proposed draft messages from Members in this regard shall be provided to the City Clerk or designate for review and approval further to the principles of the Election-Related Resources Policy.

Community event booklets/programs/inserts

10. Upon written request from a community group for a Member to provide a free welcoming/congratulatory/opening message for the community group’s event booklet/program/insert relating to a non-election-related event that occurs during the blackout period, and subject to approval from the City Clerk or designate, a Member may provide a brief general message for the event booklet/program/insert. A draft of the proposed message shall be provided to the City Clerk or designate for review and approval further to the principles of the Election-Related Resources Policy.

City advertising, media releases and other communications materials

11. Communications materials published or used by the City during the blackout period shall not reference the name or image of a Member of Council, subject to Subsection 3(12) of these Procedures. This includes but is not limited to municipal publications, advertisements, media releases and public service announcements, speaking notes and social media content (e.g. City social media accounts identified under the City’s Social Media Protocol shall not retweet, link to, “like,” or otherwise reissue or repurpose Members’ communications during the blackout period). This does not include materials such as Council and Committee meeting minutes and agendas.
12. Any references made to specific Ward Councillors in communications materials during the blackout period shall be to the “Ward Councillor for Ward ___,” or “Chair of the ___ Committee,” rather than by name. The Mayor shall be subject to the same restrictions as Ward Councillors, but may be named in media releases and City materials related to intergovernmental activities and proclamations only in the Mayor’s capacity as Chief Executive Officer of the City as set out in Sections 225 and 226.1 of the Municipal Act, 2001.
13. Media releases, speaking notes and other communications materials that relate to Members of Council and are to be published, used or distributed by the City during the blackout period shall be provided to the City Clerk or designate for review and approval.

Application to Council-appointed Citizen Members

14. Where relevant, Section 3 of these Procedures applies to Council-appointed citizen members of the Built Heritage Committee.

Section 4 - Sponsorships and donations

1. A Member of Council’s Constituency Services Budget and other City resources shall not be used:
   1. During the blackout period to sponsor or make donations to community groups (e.g. monetary donations, gift baskets, raffle items, tickets purchased and returned to the organization, etc.). This prohibition includes anonymous donations and sponsorships; or
   2. To sponsor or make donations to community groups (e.g. monetary donations, gift baskets, raffle items, tickets purchased and returned to the organization, etc.) for events that take place during the blackout period. This prohibition includes anonymous donations and sponsorships.
2. A Member’s credits for community use of recreation facilities, Constituency Services Budget and other City resources shall not be used:
   1. During the blackout period to book/sponsor a facility for community use regardless of when the event will be held; or
   2. To book/sponsor a facility for community use for an event that will occur during the blackout period.

Section 5 - Exemptions

1. Subsection 5(2) of the Election-Related Resources Policy provides that the City Clerk or designate may approve an exemption to blackout period prohibitions and restrictions where an emergency occurs, a non-emergency-related community issue arises or where a Member’s annual community event is held.
   1. In determining whether an exemption shall be provided with respect to an emergency or a non-emergency-related community issue, the City Clerk or designate shall consider matters including but not limited to:
      1. Time sensitivity and other scheduling considerations (e.g. whether the proposed activity could be conducted outside the blackout period);
      2. Nature and scope of the emergency or non-emergency-related community issue, and its effects on residents and/or City operations;
      3. Statutory considerations;
      4. Past practices and precedents; and/or
      5. Nature of the Member’s proposed participation.
   2. Exemptions with respect to a Member’s annual community event shall be administered in accordance with the following:
      1. The Member must have staged the event in the previous two years (with similar event name/title, same approximate date and same general purpose) in order for the City Clerk or designate to approve the event. The Member shall provide evidence of the previous events (advertising, photographs, community column, event program etc.) to the City Clerk or designate for review prior to any approval;
      2. If the event is approved, the Member shall provide the City Clerk or designate with any draft communications materials (advertisements, flyers, etc.) and speaking notes relating to the event for review and approval prior to their use; and
      3. The City Clerk or designate may in writing refuse to approve an event, or may place conditions on the approval of an event and/or a Member’s participation in an event (e.g. allowing or prohibiting certain proposed activities), if the City Clerk or designate is of the opinion that the event or portions thereof would not be in keeping with the legislative requirement for public funds and resources not to be used for any election-related purposes, including the promotion of or opposition to the candidacy of a person for elected office.
   3. Exemptions with respect to a Member’s annual community event may also be considered in the context of any exemptions applied with respect to an emergency or a non-emergency-related community issue, as determined by the City Clerk or designate.

Monitoring/Contraventions

As set out in the Election-Related Resources Policy.

References

Code of Conduct for Members of Council

Code of Conduct for Citizen Members of the Built Heritage Standing Committee

Community, Fundraising and Special Events Policy

Corporate Communications Policy/City of Ottawa Visual Identity Guidelines

Council Expense Policy

Election-Related Resources Policy

Employee Code of Conduct

Integrity Commissioner Interpretation Bulletin on the Use of Social Media

Parks and Facilities By-law

Signs on City Roads By-law

Social Media Protocol

Temporary Signs on Private Property By-law

Transit By-law

Legislative and administrative authorities

Canada Elections Act

Election Finances Act

Municipal Act, 2001

Municipal Elections Act, 1996

Recordkeeping requirements

As per the Records Management Policy, Official Business Records generated as a result of the execution of this policy must be declared as such in the appropriate SharePoint site, RMS (Records Management System) or approved business system.

Definitions

As set out in the Election-Related Resources Policy.

Enquiries

For more information on these Procedures, contact:

M. Rick O’Connor
City Clerk
City of Ottawa
Tel: 613-580-2424 ext. 21215
Rick.oconnor@ottawa.ca

December 2019

Employee Code of Conduct booklet

Integrity

This is the foundation of public service. Public service is a public trust. A public service that does not have integrity will never gain the public trust. This Code of Conduct reflects the shared values that we hold as public servants for the City of Ottawa: the values that preserve the integrity of our municipal government.

If you have integrity, nothing else matters. If you don’t have integrity, nothing else matters.
- Alan Simpson

Our shared values

Integrity is the foundation of public service and our shared values are the pillars that support it. As City employees, we are proud to perform our work with:

• Transparency
• Impartiality
• Respect
• Accountability

Without all of these, there can be no integrity.

Why is it important to have a Code of Conduct?

A Code of Conduct sets out the core values we apply to our everyday experiences. When we demonstrate these values, we build a City with integrity that has the trust and confidence of the public.

City employees have, and should be seen to have, the highest standards of ethical behaviour – anything less undermines our integrity, our effectiveness, and ultimately our reputation.

Nothing in this Code is meant to conflict with the City’s obligations to its employees under its various collective agreements or employment contracts. Similarly, some employees (including doctors, nurses, engineers, lawyers and accountants) may have professional obligations and should seek clarification from both their manager and their professional associations in the case of a perceived conflict.

As employees of the City of Ottawa, this is our Code

This Code of Conduct does not answer every question that is going to come up. Rather, it is designed to promote ethical decision-making and behaviour, to make us think about how ethics guide us in doing our jobs and to reinforce the expectations of us. It is about making ethics and integrity part of the way we think about doing our jobs.

Ethical behaviour is not about finding all the right answers – it is about asking all of the right questions, like:

• Am I putting my own interests before the City’s?
• Would I make the same decision if my managers, the public or the media were watching me?
• Will I owe someone a favour if I do this?
• Would I be offered this if I weren’t an employee of the City?

If you have a question or if you’re looking for guidance, ask your manager or ask the City Solicitor.

Ask until you get an answer.

Transparency

Whenever you do a thing, act as if all the world were watching.
- Thomas Jefferson

Why is transparency important?

As public servants we are accountable for what we do and our accountability is ensured by transparency. We must be open and honest in dealing with our managers, the public and City Council. We owe it to the public to not just do our jobs well, but to be open and honest about what we do.

What we do…

Where there might be a conflict between our personal interests and those of the City, we disclose that fact immediately, in writing, and seek guidance from our managers.

We abide by the laws and City policies that apply to such things as keeping records of our important decisions, the retention of records and freedom of information.

We provide full written disclosure when offering information.

We understand that, over time, circumstances can change and we may need to disclose again: the obligation to disclose is a continuing one.

When we are lobbied, we advise the Lobbyist to ensure that the activity is properly recorded in the City's Lobbyist Registry.

Related policies

Disposal of Fleet Vehicles and Equipment
Purchasing By-law
Lobbyist Registry

Impartiality

Live so that when your children think of fairness and integrity, they think of you.
- H. Jackson Brown, Junior

Why is impartiality important?

As public servants, we have to do our jobs with the City of Ottawa’s best interests in mind, not our own. We have to do our jobs without bias, without favour and without allowing outside interests to conflict with work decisions.

What we do…

We make work decisions without consideration of our personal interests or those of our family and friends. When buying goods or services, we comply with the City’s procurement by-laws and policies.

We ensure that our outside activities do not conflict with our jobs.

We do not…

Participate in decisions that benefit ourselves or our friends and family.

Supervise members of our family or make decisions that affect their employment.

Accept gifts, hospitality or entertainment from people who do, or want to do, business with the City.

Related policies

Concurrent Employment
Gifts and Entertainment
Hiring and Employment of Family Members

A note on family

The City of Ottawa recognizes how important our families are to us, and the importance of close family relationships. We need to be aware that, in this Code of Conduct, the interests of our families are also our own interests.

What is important is making sure that we do not use our positions as City employees to give preferential treatment, whether it is to ourselves, our families or our friends.

The City takes a broad approach to the term “family” and it may include relatives beyond what might generally be considered “immediate family”, such as cousins, in-laws, etc. If in doubt about something, ask your manager.

Impartiality - Avoiding conflicts of interest

Why is this important?

Avoiding conflicts of interest is one of the fundamental principles of ethical behaviour. Public confidence in the City can exist only if employees are known to be acting in the public interest, rather than pursuing their own interests. If faced with a situation where you could directly benefit from a decision you make, you need to disclose your interest, in writing, to your manager and remove yourself from the decision-making process.

The need for disclosure and withdrawal from the decision making process applies not only to financial interests, but includes any personal benefit, or any benefit to your family and friends.

You also have to be mindful that there are situations where it might look to someone else that you have conflicting interests.

Ask yourself this question: Would someone who knew all of the details of the situation think I might have a conflict of interest? If the answer is “yes”, then disclose the situation to your manager.

After you have disclosed an actual or potential conflict of interest, you need to avoid any involvement in the matter. That is why disclosure is important: so that others know not to involve you as well.

Impartiality - Employment matters

Why is this important?

We encourage public confidence by ensuring that City business is conducted fairly and free from nepotism. This leads to a shared expectation that all hiring, promotions, performance appraisals and discipline will be undertaken in an impartial manner. Impartiality in employment matters also helps to ensure that the City respects its collective agreement obligations.

The City does not allow family members to be:

• Supervised by or subordinate to one another
• Given preferential treatment in being recruited or selected for vacancies
• Appointed to positions where job responsibilities are incompatible with positions occupied by other family members

If you find yourself in a situation like those described above, or in any other situation that could raise a concern with nepotism, you should disclose it to your manager.

Impartiality - Outside activities

Why is it important?

The City of Ottawa encourages employees to become involved in their community, including participation in such things as community organizations, advocacy groups or charitable associations.

However, it is also possible that some outside activities can interfere with our ability to do our jobs or may undermine the neutrality of the City. It is our shared responsibility to prevent situations where the perception of conflict of interest exists.

What we do…

We remove ourselves from decisions that might affect, or might be seen to affect, the interests of other groups or organizations that we participate in.

We seek a leave of absence if we want to run for elected office, even if it is outside the City or with another level of government, board or committee.

We do not…

• Take on other work that
  Conflicts with our City hours of work
• Interferes with the efficient performance of our duties
• Competes with City services
• Creates a real or perceived conflict of interest with our City duties

Impartiality - The duty of loyalty

Why is loyalty important?

Ottawa City Council is the elected voice of the citizens of the City of Ottawa. Its members have been elected to set the policy direction of the municipality.
The public has an interest in ensuring that City of Ottawa employees are committed to carrying out the will and decisions of City Council, and that public servants are, and are perceived to be, impartial in carrying out their duties.
Given the public interest in an impartial public service, employees must exercise restraint in any criticism of City of Ottawa policy and consider how their public comments may affect the public perception of the City.

What we do…

We recognize that City Council is the elected voice of the citizens of the City of Ottawa and we respect the decisions of City Council.

We distinguish between our personal comments or opinions and our jobs with the City.

We do not…

Make comments that disparage or harm the reputation of the City, Council or our co-workers.

Claim to speak on behalf of the City unless we have been authorized to do so.

Make personal comments using City letterhead, our City e-mail address or anything else that implies a connection between our personal comments or opinions and the City.

Respect

Find out what it means to me.
- Aretha Franklin

What does it mean at the City of Ottawa?

We are guardians of public funds and responsible for delivering a wide range of important public services, which are supported by members of the public through their taxes. We owe the public nothing less than our full commitment to doing the best job we can.

Our own actions reflect on our co-workers and define our workplace. We have an obligation to help build pride in our City, to respect the dignity and diversity of our colleagues and to treat them as we would like to be treated ourselves.

While it takes hard work to gain the respect of others, even small lapses can erode confidence in the City. To ensure that our conduct does not diminish respect for ourselves, our co-workers and for the City, we maintain and exemplify the highest standards of behaviour.

Related policies

Corporate Vehicle and Equipment Idling
Equity and Diversity
Hospitality (Internal) for City Employees
Personal Use of City Vehicles
Petty Cash Funds and Change Floats
Responsible Computing
Workplace Violence and Harassment  
Workplace Harassment

Things we do to show respect

• We devote ourselves fully to our jobs during our working hours and do not allow our personal activities (e.g. reading a magazine, surfing the internet, etc.) to interfere with our work
• We ensure that all property (including cash, cheques, documents, inventories and equipment) in our care as part of our job is properly secured and protected at all times
• We handle sensitive and confidential information with care and disclose only in accordance with the Municipal Freedom of Information and Protection of Privacy Act (“MFIPPA”)
• We keep records of our important decisions
• We are honest, polite and courteous when we deal with people, whether they are members of the public, City Council or our co-workers
• We recognize that we are the public face of the City, so we dress appropriately
• We foster an atmosphere of collegiality and support our coworkers in their work
• We provide excellent customer service every day

We do not…

• Harass or intimidate others. The City has absolutely no tolerance for this kind of behaviour
• Download or install personal software without prior written consent from management
• Manipulate, falsify, alter or amend documents, information or records for fraudulent purposes
• Access, distribute or display inappropriate material (including sexually explicit, discriminatory, abusive, defamatory or obscene material) using City property, including the City’s computer network
• Publicly disparage the City, our co-workers or City Council

Related policies

Access to Employee Files Procedures
Re-employment

Accountability

The ancient Romans had a tradition: whenever one of their engineers constructed an arch, as the capstone was hoisted into place, the engineer assumed accountability for his work in the most profound way possible: he stood under the arch.
- Michael Armstrong

Why is accountability important?

This Code of Conduct sets out a vision of City of Ottawa employees as transparent, respectful and impartial. We are proud to live these principles in our work every day and we encourage accountability in this regard. We know that breaches of the values set out in this Code can only erode our reputation and, ultimately, our integrity. We owe it to the taxpayer and to ourselves to be accountable for our actions.

What we do…

• We know the Code and comply with its principles
• We disclose breaches of the Code immediately, whether they are committed by ourselves or a co-worker
• We fully cooperate with investigations into alleged wrongdoing
• We understand that breaches of the Code shall be subject to disciplinary action, up to and including termination
• We seek interpretation of the Code from the City Solicitor  
• We make observance of the Code part of our daily work and review the Code as part of our annual performance planning cycle

We do not…

• Retaliate against anyone who has come forward with a complaint, or any witnesses to complaints
• Assume that violations of the values in this Code are someone else’s problem

Reporting and whistleblower protection

If you become aware of a violation of the Code of Conduct or another City policy, you should report the matter to your manager, the City Solicitor, the City Manager or the Auditor General.

No employee will be disciplined for making a report in good faith about a violation of this Code of Conduct or another City policy, nor will the City tolerate any retaliation against an employee who has made such a complaint or participated in an investigation. However, an employee making false accusations will be disciplined.

Related policies

Discipline – Corporate Policy
Fraud and Other Similar Irregularities

Approved By: Executive Director, BTS
Category: Human Resources, Employment and Labour Relations
Approval Date: November 5, 2002
Effective Date: November 5, 2002
Revision Approved By: Director, Human Resources
Revision Date: May 24, 2017

Policy Statement

The City of Ottawa is committed to providing quality services by establishing a qualified workforce that reflects the diverse population it serves.

Purpose

The main objectives of this Policy are:

• To eliminate barriers in the workplace, commonly known as systemic discrimination, and to develop a work environment that promotes equity and diversity
• To foster an environment that respects people’s dignity, ideas and beliefs, thereby ensuring equity and diversity in employment and ensuring customers and others have access to City facilities, products, services, and grants as defined by human rights legislation
• To contribute to the achievement of the City of Ottawa’s business goals and client service delivery
• To establish a framework that requires all departments within the City to embrace the spirit of equity and diversity in the development of their policies and programs that impact the delivery of City services, the use of City facilities, grants to external agencies and other outwardly focussed activities.

Application

This Policy applies to all City employees, including full-time, part-time, temporary and casual employees, summer students and co-op placements, persons acting on behalf of the City (e.g., consultants, contractors), as well as individuals who apply for employment with the City of Ottawa (e.g. job applicants).

Policy Requirements

The City demonstrates its commitment to equity and diversity by providing a supportive work environment and corporate culture that welcomes members of designated groups. This Policy prohibits discrimination in the workplace, in the provision of goods, services, and facilities to the public and the administration of contracts as defined by human rights legislation.

In addition, this Policy adheres to the Ontario Human Rights Code, the Canadian Human Rights Act, the Employment Equity Act and the Accessibility for Ontarians with Disabilities Act. The Ontario Human Rights Code prohibits discrimination on the basis of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, age, sex (including pregnancy and breastfeeding), gender identity, gender expression, sexual orientation, record of offences, marital status, family status, disability and receipt of public assistance.  Under the Canadian Human Rights Act, it is against the law to discriminate on the basis of race, sex, colour, age, national or ethnic origin, religion, marital status, family status, disability, sexual orientation and a pardoned criminal conviction.

The City does not condone any form of discrimination. It endorses and embraces the Canadian Human Rights Act, the Ontario Human Rights Code, the Employment Equity Act and the Accessibility for Ontarians with Disabilities Act which prohibit discriminatory practices.

The Corporate Diversity and Employment Equity Plans shall be based on the City’s workforce data, ongoing reviews of employment policies and practices, data on the external workforce and other relevant information.

The Corporate Diversity and Employment Equity Plans shall outline strategies to eliminate barriers and achieve a representative workforce, provide a timetable for the implementation of these strategies and outline responsibilities. Diversity and Inclusion staff shall monitor and evaluate the progress of the various activities.

Complainants have the right to seek assistance from the appropriate Human Rights Commission, whether or not they file a discrimination complaint with the City. Complainants must identify themselves. Anonymous complaints shall not be investigated.

All information relating to a complaint shall be kept strictly confidential and is subject to the conditions of the Municipal Freedom of Personal and Private Information Act, the Personal Information Protection and Electronic Documents Act and to litigation requirements. During the investigation, all parties involved are required to keep the investigation confidential. Details of the recommended actions are made known only to the management staff involved.

Responsibilities

General Managers/Directors:

• Create and maintain a workplace free from discrimination
• Ensure that this policy is available to all staff, accessible and supported
• Empower supervisors and managers to reinforce diversity and inclusion and provide opportunities for capacity-building and action
• Implement equity and diversity initiatives identified in their departmental diversity and employment equity plan to meet Corporate Strategic priorities
• Ensure that equity and diversity are considered in all aspects of departmental planning, processes and strategies (e.g. workforce planning, professional development, succession planning, hiring, etc.)
• Consult with Diversity and Inclusion staff, as appropriate, during the development of policies and programs related to employment, the delivery of services, the use of City facilities, grants to external agencies and other externally focussed activities to ensure the principles of equity and diversity are respected

Supervisors and Managers:

• Create and maintain a workplace free from discrimination
• Intervene when discrimination and/or harassment issues arise
• Accept requests for accommodations in good faith and work with employees to develop accommodations plans where necessary
• Prevent and end discrimination by:
  • Engaging in behaviour in support of the Equity and Diversity Policy
  • Communicating and supporting the City’s objective of a workplace free from discrimination and a workforce that is representative of the population it serves
  • Acting immediately to address behaviours that are contrary to this Policy (e.g. harassment, discrimination, bullying)
  • Taking all complaints seriously, discussing the situation with the respondent, and seeking advice from the Diversity and Inclusion staff
  • Implementing changes to employment systems, removing barriers and other related actions as appropriate and identified in departmental Diversity and Employment Equity Plans
  • Ensuring that staff are aware of their rights and responsibilities conferred by this Policy and Human Rights legislation

Diversity and Inclusion (D&I) Staff:

• Promote a general understanding of this Policy through an appropriate mix of communications, training and advisory services
• Inform individuals of the purpose of the self-identification questionnaire and ensure that the information collected is confidential and used only for the purposes of high level reporting for equity and diversity initiatives
• Ensure the development of a database to gather and analyse data on designated groups’ representation in the City’s workforce
• Work with management to formulate Corporate and Departmental equity and diversity goals (both qualitative and quantitative), strategies and plans
• Provide advice regarding the development of targeted recruitment, promotion and retention strategies
• Provide advice to employees and managers regarding this Policy and complaints
• Promote and monitor implementation of this Policy
• Provide facilitated discussion services, where appropriate
• Provide process guidance to claims of systemic discrimination

Employees:

• Report barriers to equal opportunities
• Complete the Self-Identification Form on a voluntary basis
• Notify a supervisor or manager of a need for employment-related accommodations and consult with Human Resources on the most appropriate accommodation
• Report experiences of harassment (including sexual harassment) or discrimination in the workplace to one of the following individuals: an immediate supervisor, manager, general manager/director, or seek advice from the Diversity and Inclusion staff. Employees are encouraged to seek a resolution to their complaint within their respective department.

Monitoring/Contraventions

The Human Resources Services Area, Diversity and Inclusion staff shall monitor the implementation of the Corporate Diversity Plan and Departmental Diversity Plans. It is the responsibility of each department to monitor their own progress in equity and diversity. It is the combined effort of all departments that ensures the City reaches its diversity and inclusion goals.

Under the Employment Equity Act, the City is required to submit an annual progress report to Economic and Social Development Canada. Failure to comply may result in a monetary penalty up to $50,000 for repeated or continued violation of the Act.  A majority of positions within Transportation Services are federally regulated and the department is required to comply with the federal Employment Equity Act.

Failure to comply with this Policy may result in complaints filed with the Human Rights Commission and may also result in disciplinary action against an employee.

References

• Employee Code of Conduct
• Accessibility Policy

Legislative and Administrative Authorities

• Accessibility for Ontarians with Disabilities Act
• Canada Labour Code
• Canadian Charter of Rights and Freedoms
• Canadian Human Rights Act
• Employment Equity Act
• Employment Standards Act
• Municipal Freedom of Information and Protection of Privacy Act
• Ontario Human Rights Code
• Personal Information Protection and Electronic Documents Act

Definitions

Aboriginal Peoples – North American Indians or members of a First Nation, Métis or Inuit.  Members of a First Nation include status, treaty or registered Indians.  North American Indians include non-status and non-registered Indians. Note:  the definition is being reviewed by the Aboriginal Coalition and will be adapted as necessary.

Accommodation – the facilitation and integration of individuals into the workplace by recognizing and accommodating their needs through the identification and removal, if necessary, of non-essential job elements, workplace adjustments, technical devices, flexible scheduling, adaptive devices for equipment, etc. unless undue hardship by the City would be incurred in such accommodation.

Bona Fide Occupational Requirements – those requirements that:

• The employer has adopted for a purpose or goal that is rationally connected to the functions of the position
• The employer has adopted in good faith in the belief that they are necessary to fulfill the purpose or goal
• Are reasonably necessary to accomplish the purpose or goal in the sense that the employer cannot accommodate persons with the characteristics of a particular group without incurring undue hardship

Designated Groups – for the purposes of its overall equity and diversity initiatives, the City has identified six designated groups: women, Aboriginal Peoples, persons with disabilities, members of visible minority groups (or racialized people), immigrants and lesbian, gay, bi-sexual trans, two-spirited and queer (LGBTQ) individuals. The selection of these groups does not preclude the possibility of addressing systemic discrimination for other identifiable groups.

Disability –The term “disability” covers a broad range and degree of conditions. A disability may have been present at birth, caused by an accident, or developed over time. The Ontario Human Rights Code defines disability as:

• A physical disability, infirmity, malformation or disfigurement that is caused by bodily injury, birth defect or illness and, without limiting the generality of the foregoing, includes diabetes mellitus, epilepsy, a brain injury, any degree of paralysis, amputation, lack of physical co-ordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment, or physical reliance on a guide dog or other animal or on a wheelchair or other remedial appliance or device
• A condition of mental impairment or a developmental disability
• A learning disability, or a dysfunction in one or more of the processes involved in understanding or using symbols or spoken language (e.g. dyslexia)
• A mental disorder, or
• An injury or disability for which benefits were claimed or received under the insurance plan

Discrimination – the denial of equal treatment in employment, in the provision of goods, services and facilities to the public and in the administration of contracts based on the prohibited grounds as defined by Human Rights legislation.

Harassment – a type of discrimination, any unwanted physical or verbal conduct that offends or humiliates an individual. Harassment shall be considered to have taken place if a reasonable person ought to have known that behaviour was unwelcome (Source: Canadian Human Rights Act).

Immigrants – an “immigrant” is an internationally trained worker who was not born in Canada and who has lived in Canada for fewer than 10 years.

LGBTQ – In this policy, we use the definition of “LGBTQ” however we recognize ongoing debates around definitions within LGBTQ communities. Terms and their meanings change over time, and vary across cultures or generations.

Occupational Groups – the 14 occupational groups used by Statistics Canada to report employment equity data. This is based on the National Occupational Classification System, which classifies jobs by skill level and skill type. All City jobs are classified using this system for the purposes of equity and diversity.

Racialized People – the term racialized is preferred over visible minorities because it acknowledges the fact that barriers are rooted in the historical and contemporary racial prejudice of society and are not a product of one’s identity or shortcomings.

Sexual Harassment – Harassment in relation to sex, sexual orientation, gender identity or gender expression. Includes sexual solicitation or advance where the person making the solicitation or advance is in a position to confer, grant or deny a benefit or advancement to the worker.

Systemic Discrimination – applying a neutral requirement or process that has a negative impact on a group protected under human rights legislation. Systemic discrimination occurs when policies and practices exclude, limit or restrict members of designated groups from employment or opportunities within employment. (e.g., opportunities to apply for other jobs, participate in training, attend conferences, obtain promotions, and receive special assignments).

Visible Minorities – a term used in the federal Employment Equity Act to identify persons who are non- Aboriginal, non-Caucasian in race or non-white in colour.

Workforce Census – information on gender and designated group representation within occupational groups.

Keyword Search

Age, Ancestry, Colour, Designated groups, Disability, Discrimination, Equity and Inclusion, Family status, Gender, Gender Identity, Gender Expression, Immigrant, Marital status, Place of origin, Race, Racialized, Religious beliefs, Sex, Sexual orientation, Source of income, Systemic discrimination

Enquiries

E-mail the HR Service Centre at HRServiceCentre@Ottawa.ca or call 613-580-2424, ext. 47411.

Approved By: City Council
Category: Finance
Approval Date: May 23, 2007
Effective Date: May 23, 2007
Revision Approved by: City Treasurer
Revision date:  July 8, 2019

Policy Statement

The City of Ottawa (the “City”) is committed to purchasing goods, services and construction from responsible suppliers that provide quality goods, services and construction at competitive prices, and who abide by ethical standards and norms. This policy aligns the City’s purchasing practices with its values by ensuring workplaces which provide goods, services and construction for the City respect human and workers’ rights as specified in the Supplier Code of Conduct .

Purpose

The purpose of this policy is to ensure that goods, services and construction purchased by the City, or by suppliers/contractors operating on City premises, meet the highest possible ethical standards by following the principles set out in the International Labour Organization (ILO) Conventions, as referenced in the Supplier Code of Conduct. This policy establishes an avenue whereby complaints of abuses in workplaces that are involved in providing goods, services and construction to the City, can be made to the City. The City shall determine the level and the degree necessary to investigate and act upon complaints.

Application

This policy applies to City suppliers of goods, services and construction, and their subcontractors, who have entered into agreements with the City on or after May 23, 2007, the effective date of this policy.

This policy does not, however, apply to any tender or contract for the supply of such items that was issued, awarded or entered into prior to the effective date of the policy. Suppliers and their subcontractors who entered into agreements with the City before May 23, 2007 are encouraged to comply with this policy.

If and when the contracts are eligible for renewal, the supplier and their subcontractors must comply with this policy and may be required to certify compliance in writing.

Policy Requirements

The City shall not knowingly purchase goods, services and construction that have been manufactured in sweatshops or under sweatshop conditions. All products purchased by the City must be produced in accordance with the standards set out in the Supplier Code of Conduct.

Suppliers shall respect this policy and ensure that their production facilities, and those of their subcontractors, comply with national and other laws applicable in each workplace. Where national law differs from the principles set out in this policy, the provisions that accord the greatest right, benefit or protection to the worker shall apply.

If requested by the City, suppliers shall confirm compliance with this policy by providing written acknowledgement with their bid submission. In addition, when requested, a supplier shall provide the names and addresses of each subcontractor and/or production facility to be used in providing the goods, services and construction. This information is considered public information and, where warranted, will be posted on the City’s website. The City reserves the right to request that the supplier provide any additional supporting documentation that demonstrates compliance with this policy.

The City shall monitor this policy on a complaints basis only. The Chief Procurement Officer shall assess the validity of complaints in accordance with this policy. Where warranted, the City shall notify suppliers of suspected non-compliance with this policy. Suppliers shall be required to investigate the reported complaints by employing an independent third party investigation firm, at the supplier’s expense, or by other means of verification deemed acceptable to the City.

Within 30 days from the date of the non-compliance notice, the supplier shall provide the City with a report containing information on the verification program undertaken. This information shall include the name of the third party verifier, the findings of the investigation, and the corrective action taken to resolve the violation and achieve compliance with this policy.

Costs involved in the determination of compliance or non-compliance shall be borne by the supplier. All costs associated with the improvement of working conditions that would lead to compliance shall be borne by the supplier.

The Chief Procurement Officer has sole discretion to decide on issues of non-compliance, including granting a reasonable time period to achieve compliance. The Chief Procurement Officer’s decision is final and binding on all parties.

Any supplier complaint with the Ethical Purchasing Policy, or the application thereof, shall not be considered a formal complaint as defined in the City of Ottawa’s Procurement By-law.

Responsibilities

City departments are responsible for:

• Following the provisions of this policy; and
• Advising Supply Services of suspected non-compliance.

Supply Services is responsible for:

• Administering this policy and ensuring that City staff and the supplier community are informed of their responsibilities and obligations;
• Collecting supplier certification materials and for publishing the names and locations of supplier production facilities on the City’s website; and
• Receiving complaints and managing policy non-compliance and for ensuring that suppliers undertake third party investigations as requested by the City.

Monitoring/Contraventions

Failure to comply with this policy may result in the City exercising its rights under the default provisions set out in the contract between the City and the supplier.

References

General Terms and Conditions
Supplier Code of Conduct

Legislative and Administrative Authorities

Council Report (ACS2007-CMR-FIN-0004)
Council Report (ACS2010-CMR-FIN-0010)
International Labour Organization Convention
Procurement By-law 50 of 2000, as amended

Definitions

Child: any person less than 15, unless local minimum age law stipulates a higher age for work or mandatory schooling, or less than 14 if minimum wage law is set at that age in accordance with developing country exceptions under ILO Convention 138.

Employer: an entity that employs or contracts a worker in the production of a product.

Factories or Production Facilities: a facility that is used to produce products for the City, whether it is a supplier’s factory or subcontractor’s facility.

Fairtrade Certified Products: products that are fair trade certified by Fairtrade Canada, or if unavailable, another National Initiative (NI) of the Fairtrade Labelling Organization (FLO) International. Examples of commodities currently include coffee, tea, cocoa, sugar, rice, quinoa, flowers, wine, sports balls, cotton, bananas and other tropical fruit.

Fairtrade Certification: a system that seeks to improve the lives of agricultural product producers in origin countries by ensuring that the owners of farms receive a guaranteed fair price for their harvest. Fairtrade Canada is the recognized certification body in Canada.

Fairtrade Labelling Organization (FLO) International: the global Fairtrade standard setting and certification organization for products bearing Fairtrade certification labels. FLO certifies producer organizations and audits trade between certified producer organizations and registered traders in consuming countries, including all steps of processing and industrial manufacturing.

International Labour Organization (ILO) Core Labour Conventions: the minimum labour standards set out in the Supplier Code of Conduct.

International Labour Organization (ILO): the United Nations specialized agency which seeks the promotion of social justice and internationally recognized human and labour rights. The ILO formulates international labour standards in the form of Conventions and Recommendations setting minimum standards of basic labour rights.

Minimum labour standards: the minimum labour standards set out in the Supplier Code of Conduct.

Purchasing: the process of procuring products from manufacturers or suppliers.

Subcontractor: an entity that has been subcontracted by a supplier. It does not have a direct business relationship with the City, however, it provides the supplier with goods and/or services integral to the manufacture, provision or maintenance of products for the City.

Supplier Code of Conduct (SCC): the minimum performance standards for the City’s Ethical Purchasing policy. The goal of the SCC is to ensure safe and healthy workplaces for the people who make products for the City; where human and civil rights are upheld in accordance with the conventions of the ILO.

Supplier: an entity that in the course of a commercial business sells a product or service to the City. These companies may have factories or production facilities of their own or they subcontract parts or their entire production.

Sweatshop: a facility where individuals manufacture, assemble or produce consumer goods under working conditions that do not meet or exceed the labour standards set out by the ILO.

Worker: a person involved in the manufacture or provision of services for a product.

Enquiries

For more information on this policy, please contact:

Manager, Strategic Sourcing and Supply Chain Management
Strategic Sourcing Branch,
Supply Services
Corporate Services Department
613-580-2424, ext. 13564

Approved By: City Council
Approval Date: September 28, 2005
Category: General Administration
Effective Date: September 28, 2005
Revision Approved By: General Manager, Infrastructure Services Department
Revision Date: December 15, 2015

Policy statement

The City of Ottawa is committed to a sustainable existence and strives to reduce the environmental impacts of its operations. In recognition of the potential negative impacts associated with the design, construction and operation of the municipal building inventory, all new buildings will be designed and delivered in accordance with the Certified performance level of the Leadership in Energy and Environmental Design – Canada (LEED^TM - Canada) Green Building Rating System.

The design, construction and operation of the municipal building inventory not only requires significant capital expenditures, but has documented negative environmental impacts. The design and delivery of municipal buildings that have been LEED^TM – Canada Certified clearly demonstrates improved fiscal, environmental and corporate responsibility.

Purpose

The purpose of this policy is to:

• align the design, construction and operation of municipal buildings with commitments made in the Ottawa 20/20 Environmental Strategy;
• reduce operating costs to the City through improved energy and water efficiency and storm water management;
• reduce landfill requirements by encouraging the reuse and recycling of construction, renovation and demolition materials (which in turn closes the loop by encouraging the use of materials that contain recycled content);
• utilize existing infrastructure by encouraging the renovation and redevelopment of sites within the City core;
• encourage increased ridership of the existing public transportation system through site selection, thereby reducing greenhouse gas emissions and improving air quality;
• demonstrate leadership in commitments to sustainable development;
• show leadership in sustainable design, and encourage other development within the City to follow the principles set out in this policy; and
• promote a safe, healthy and productive workplace for all City employees and visitors.

Application

This policy applies to all City of Ottawa employees involved in the design and construction of new municipal buildings with a footprint greater than 500 square metres (5,400 square feet).

Policy requirements

All newly constructed buildings with a footprint greater than 500 square metres (5,400 square feet) must be designed, delivered and certified by the Canada Green Building Council (CaGBC) as being LEED^TM – Canada Certified at minimum.

All newly constructed buildings will incorporate energy efficient features, and the LEED^TM – Canada Green Building Rating System includes energy performance prerequisites.

The City encourages the application of sustainable design principles during the retrofit and renovation of its existing structures, where practical.

Historic buildings shall be exempt from the requirements of this policy. However, wherever practical, best efforts should be made to incorporate as many of the green building requirements and credits from the LEED^TM – Canada Green Building Rating System as possible, without compromising the historical integrity of the structure.

Responsibilities

Departmental Managers:

Will be responsible for ensuring that project budgets contain the five per cent investment funding required to support the delivery of LEED^TM – Canada Certified building projects.

Project Managers:

Will be responsible for delivering LEED^TM – Canada Certified building projects.

Supply Branch, Finance Department:

Will be responsible for ensuring that all RFP and tender documents include the LEED^TM requirement, as applicable.

Monitoring/Contraventions

The Design and Construction, Buildings and Parks Branch of the Infrastructure Services Department is responsible for the delivery of many City building projects. When a building project falls within the parameters of the Green Building Policy, Design and Construction will include the appropriate language in both the consultant and the construction contracts to ensure compliance with the policy requirements. Failure to comply with the contract will be administered through the legal avenues provided within each contract.

Design and Construction will co-ordinate and produce an annual report identifying the conformance of City projects with the Green Building Policy.

Legislative and administrative authorities

Ottawa City Council Minutes 40, September 28, 2005
Corporate Services and Economic Development Committee Report 35, ACS2005-CRS-RPR-0041, September 28, 2005

Definitions

Building – any structure used for support or shelter of any use or occupancy, as defined by the Ontario Building Code.

Construction – the building of any structure or any portion thereof.

Green – products, technologies, processes or actions that provide reduced environmental impacts over traditional products or methods.

LEED^TM Green Building Rating System – the most recent version of the LEED^TM – Canada rating system or other related LEED^TM rating product approved by the Canada Green Building Council (CaGBC).

Renovation – any addition or modification to an existing building or structure.

Sustainable Development – the ability to meet the needs of the present without compromising the ability of future generations to meet their own needs.

Keyword search

Green Buildings
LEED
Sustainable Development

Enquiries

For more information on this policy contact:

Manager, Design and Construction, Buildings and Parks Branch
Infrastructure Services Department
City of Ottawa
613-580-2424, ext. 43229

Approved By: City Council
Category: Finance
Approval Date: June 25, 2003
Effective Date: June 25, 2003
Revision Approved By: City Council
Revision Date: August 21, 2023

Policy statement

The Investment Policy governs the management of City operating and reserve funds that are not immediately required to cover expenses as well as investments, including those being managed on behalf of external clients.

Purpose

The Investment Policy establishes the objectives, standards of care, eligible investments, reporting requirements and responsibilities for the prudent management of reserves, operating funds and investments including those managed on behalf of external clients.

The City’s objective is to invest funds not immediately required in accordance with the “Prudent Investor Standard”, and within the limitations of applicable legislation and regulation. The “Prudent Investor Standard” requires the exercise of reasonable care, skill, diligence and judgement during the investment decision making process. It is to be applied to investments, not in isolation, but in the context of the portfolio of investments and as part of an overall strategy, that should incorporate acceptable risk and return objectives reasonably suitable to the stakeholders.

Application

This policy applies to employees of the City of Ottawa who are responsible for the control, administration and reporting of investments managed on behalf of the City of Ottawa.

Policy requirements

In order of priority, the requirements for the City of Ottawa Investment Program are:

1. Adherence to statutory requirements: All investment activities shall be governed by the Municipal Act, 2001 as amended.  Investments, unless limited further by Council, will be those deemed eligible under Ontario Regulation 438/97 as amended.
2. Preservation of capital: Preservation of principal is an important objective of the investment program. Investments shall be undertaken in a manner that seeks to minimize the risk to capital in the overall portfolio. Staff shall endeavour to mitigate credit and interest rate risk as follows:
   1. Credit risk
      1. Limiting investments to allowable investments under the current legislation;
      2. Pre-qualifying the financial institutions, broker/dealers, intermediaries, and advisers with which the City of Ottawa does business;
      3. Diversifying the investment portfolio so that potential losses on individual securities will be minimized at the portfolio level; and
      4. Setting limits on the size of portfolio investments in asset types, individual credit names, and issuer classes to assure proper risk diversification 
   2. Interest rate risk
      1. Structuring the investment portfolio so that securities mature to meet ongoing cash flow requirements, thereby reducing the need to sell securities at inopportune times on the open market prior to maturity or to use short-term borrowing to bridge the gap;
      2. Investing operating funds primarily in short-term securities;
      3. Diversifying long-term holdings to mitigate effects of interest rate volatility;
      4. Using of Forward Rate Agreements (FRAs) when appropriate; and
      5. Investing in shares or equities through the “ONE Investment Program” which is jointly operated by LAS and CHUMS Financing Corp. (a subsidiary of the “Municipal Finance Officers Association of Ontario”).
3. Maintaining liquidity: The investment portfolio shall remain sufficiently liquid to meet all operating or cash flow requirements and limit temporary borrowing requirements. This shall be done, where possible, by structuring the portfolio such that securities mature concurrent with anticipated cash demands. Furthermore, since all possible cash demands cannot be anticipated, the portfolio shall consist largely of securities with active secondary or resale markets.
4. Competitive rate of return: Without compromising other objectives, the City of Ottawa shall maximize the rate of return earned on its portfolio by implementing an investment strategy driven by asset allocation and diversification. This asset allocation aligns investment asset duration with the liabilities these assets are meant to fund.

Diversification, and ensuring preservation of principal by limiting exposure to credit, sector or term risks, also provides opportunities to enhance the investment returns of the City of Ottawa’s portfolio by means of prudent and timely adjustments to asset mix. Through asset-liability matching; investing strictly in eligible investments; and diversification of assets across maturity, issuer and issuer type, the portfolio will align with the City’s low tolerance for risk.

Investment parameters

Fixed income investments shall be made in accordance with the strategic asset allocation in place at the time, with the following overarching principals:

1. Investments will be diversified across issuers and credit quality to avoid over-concentration in any single issuer or sector to manage issuer specific and sector specific risks;
2. Fixed income investment will be concentrated in, but not limited to, securities that have higher credit ratings (rated AA- or higher as rated by Standard & Poor’s);
3. Investing in securities with varying maturities; and
4. Primarily investing in marketable securities which have an active secondary market, to ensure that appropriate liquidity is maintained in order to meet ongoing obligations.

Investment in Co-mingled investment offerings

In order to promote diversification of the City’s investment portfolio, percentage weightings for class and type of securities will be constrained in terms of maximum exposures to specific issuers, and issuer types. This is in addition to putting some conservative constraints in terms of maximum allowable time to maturity, as shown in Appendix A: Limitations to Sector Concentration and Term.

The City shall also hold sufficient funds in short-term investment instruments in order to maintain adequate liquidity.

In line with Municipal Act regulation 438/97 regulating “Eligible Investments”, the City shall sell an investment within 30 to 90 days (depending on the specific investment) after the day the investment rating for that security falls below the standard as set out in the Municipal Act and regulation.

Equity investments will be made in accordance with the authorized investment legislation set out in the Municipal Act, 2001 and Regulation 438/97 as amended. 

Reporting requirements

Investment report

The City Treasurer shall submit an investment report to Council, including a management summary that provides an analysis of the status of the current investment portfolio. The report is provided annually but may be more frequent at Council’s request. The investment report will include:

1. A listing of individual securities held at the end of the reporting period and investments in co-mingled investment portfolios;
2. Realized and unrealized gains or losses by listing the cost and market value of securities with over one-year duration and not intended to be held until maturity;
3. Average weighted yield to maturity of portfolio on investments, compared to applicable benchmarks;
4. Percentage of the total portfolio outlining each type of investment represented, including the total investment in long term and short term City of Ottawa debt in addition to the change in the estimated proportion of this debt since the previous year’s report;
5. A performance report clearly outlining the return of the investment portfolio during the period covered by the report, compared to the portfolio’s benchmark and the ONE Investment Program’s pooled fund;
6. An estimated ratio of total long-term and short-term securities compared to the total investments and a description of the change, if any, of this ratio since the previous year’s report;
7. A statement by the City Treasurer as to whether or not, in his or her opinion, all investments were made in accordance with this policy and clearly denoting exceptions or deviations;
8. A record of the date of each transaction involving City of Ottawa securities, including a record of the purchase price and sale price of each City of Ottawa security;
9. If the City has any existing Forward Rate Agreements (FRAs) in a fiscal year, the City Treasurer shall prepare and present to Council once in that fiscal year, or more frequently if Council requires, a detailed report on all of those agreements, which will contain:
   1. A statement about the status of the FRAs during the period of the report, including a comparison of the expected and actual results of using the agreements.
   2. A statement by the City Treasurer indicating whether, in his or her opinion, all of the FRAs entered during the period of the report are consistent with the City’s statement of policies and goals relating to the use of FRAs.
   3. Other information that the Council may require or that, in the opinion of the City Treasurer, should be included.
   4. A statement as to whether there are any investments in the portfolio that have been downgraded from standard requirements set out in the Municipal Act, 2001 as amended.

Benchmarks

It is anticipated that the investment portfolio will earn an average rate of return that is at least commensurate with the investment risk constraints and cash flow needs of the City. Therefore, the actual rate of return earned on the portfolio will be regularly compared to performance benchmarks that have been previously established. The benchmark(s) may vary from time to time as determined by the Manager of the Treasury Unit in order to be comparable to the composition and average term of the current holdings of the investment portfolio. The performance of the general portfolio will be compared using two sets of performance benchmarks: an index-based benchmark and a managed portfolio benchmark.

The Sinking Fund is the one exception, with the fund being benchmarked against a portfolio of actuarial liability that the investments are meant to fund.

Safekeeping and custody

All securities shall be held for safekeeping by a financial institution approved by the City.  Individual accounts shall be maintained for each portfolio. All securities shall be held in the name of the City. 

The depository shall issue a safekeeping receipt to the City listing the specific instrument, rate, maturity and other pertinent information. On a monthly basis, the depository will also provide reports which list all securities held for the City and the market value as of month-end.

Securities lending

The City may engage in the practice of securities lending as provided in Section 418 of the Municipal Act, 2001 as amended to enable the City to increase its return on its custodial portfolio by lending certain assets to recognized borrowers for a fee.

Forward rate agreements

The Corporation may enter into Forward Rate Agreements (FRAs) as provided in Section 10 of Ontario Regulation 438/97 as amended. FRAs may only be used to reduce the risk of future interest rate changes associated with known cash inflows and will be subject to the conditions set out in the Municipal Act, 2001 Regulation 438/97 as amended.

The FRA agreement must specify:

• The forward amount, which is the principal upon which the interest rate is based;
• A settlement date;
• The forward interest rate;
• The reference rate of interest; and
• A schedule of approximate payments and/or costs to or by the City of Ottawa should the reference rate and the forward rate differs.

A report analyzing the risks and return profile of the transaction, the risk exposure to the City without the FRA and specific risk control measures must be approved by the City Treasurer prior to entering into an FRA agreement.

External investment clients

Where the City has undertaken to manage investment portfolios on behalf of an external client account as allowed under Section 420(1) of the Municipal Act, 2001 as amended and in conformity with Section 25(3) of the Ontario Securities Act, 1990 as amended, it will do so on the following basis:

1. The investment objectives, authorized investments, reporting requirements, and term and sector limits will be in accordance with the external client’s investment policy.
2. Prior to the engagement, the following process will be undertaken:
   1. Review client needs, expectations and risk tolerances;
   2. Establish term limits and approved credit exposures;
   3. Agree on a list of eligible investments;
   4. Establish appropriate goals and benchmarks;
   5. Prepare and finalize the written agreement signed by both parties.
3. The agreement will set out the following:
   1. Duties and roles of both parties;
   2. Management expense fee;
   3. Reporting and portfolio review requirements.
   4. Chartered Financial Analyst (CFA) Standard of Professional Conduct
   5. Staff is expected to comply at all times and in all respects with the Code of Ethics and Standards of Professional Conduct as set forth by the CFA Institute, with a strong focus on the Prudent Investor Standard.

Responsibilities

City Treasurer

The City Treasurer shall have ultimate authority for all investment transactions and for ensuring that all investments are made in accordance with this Investment Policy the Ontario Municipal Act, 2001 and Regulation 438/97 as amended. 

The City Treasurer can delegate administrative, analytical, strategic and transactional duties to staff and is responsible to make sure the proper financial policy and administrative procedures are in place to remain in compliance with current legislation and internal policies.

Treasury Unit

The Treasury Unit is responsible for executing all operations in relation to the City’s Investment portfolios including: setting the asset mix; completing investment transactions; monitoring risk metrics and benchmark; as well as reporting and accounting.

Monitoring/Contraventions

The Manager, Treasury Unit is responsible for monitoring compliance with this policy, and will provide the City Treasurer with a compliance report on a quarterly basis. Failure to comply with this policy may result in disciplinary action, up to and including dismissal.

References

Appendix A: Limitations to Sector Concentration and Term

Legislative and Administrative Authorities

Ontario Municipal Act, 2001 as amended

Ontario Securities Act, 1990 as amended

Ontario Regulations, 438/97 and 77/97 as amended

Recordkeeping requirements

As per the Records Management Policy, Official Business Records generated as a result of the execution of this policy must be declared as such in the appropriate SharePoint site, RMS (Records Management System) or approved business system.

Definitions

Asset Backed Securities (ABS): Bonds or notes backed by financial assets. Typically these assets consist of credit card receivables, auto loans, lines of credit, and home equity loans.

Benchmarks: A standard against which the performance of an investment portfolio, or its component parts, can be measured. Index-based benchmarks are generally broad market indices (for example FTSE TMX Canada Universe Bond Index). A managed portfolio benchmark refers to the use of an actively managed pooled fund with a similar investment mandate as a benchmark (for example ONE Investment Program’s Bond Portfolio).

CFA Institute: International organization comprised of more than 70,000 members who hold the Chartered Financial Analyst (CFA) designation or are otherwise bound by its rules. Its primary mandate is to specify and maintain a high standard for the investment industry.

Credit Risk: The risk to an investor that an issuer will default in the payment of interest and/or principal on a security.

Diversification: A process of investing assets among a range of security types by class, sector, maturity, and quality rating.

Duration: A measure of the timing of cash flows, such as interest payments and repayment of principal, to be received from a given fixed-income security. This calculation is based on three variables: term to maturity, coupon rate, and yield to maturity. The duration of a security is a useful indicator of its price volatility for given changes in interest rates.

External Client: Any approved entity outside the City.

Forward Rate Agreement (FRA): A contract with a qualified financial institution (for example a bank) that allows an investor to fix a rate of interest to be received on an investment for a specified term beginning at a specified future date.

Index-Based Benchmarks: See Benchmarks.

Interest Rate Risk: The risk associated with declines or rises in current market interest rates which causes an investment in a fixed-income security to increase or decrease in value.

Liquidity: A measure of an asset’s convertibility to cash.

ONE Investment Program: A professionally managed co-mingled group of investment portfolios that meets eligibility criteria as defined by regulations under the Municipal Act, 2001.

Managed-Portfolio Benchmarks: See Benchmarks.

Market Risk: The risk that the value of a security will rise or decline as a result of changes in market conditions.

Market Value: The current market price of a security.

Maturity (Term): The date on which payment of a financial obligation is due. The final stated maturity is the date on which the issuer must retire a bond and pay the face value to the bondholder. 

Prudent Investor Standard: A standard that requires a fiduciary to invest trust assets as if they were his or her own.

Schedule I Banks: Domestic banks that are authorized under the Bank Act to accept deposits, which may be eligible for deposit insurance provided by the Canadian Deposit Insurance Corporation.

Schedule II Banks: Foreign bank subsidiaries authorized under the Bank Act to accept deposits, which may be eligible for deposit insurance provided by the Canada Deposit and Insurance Corporation. Foreign bank subsidiaries are controlled by eligible foreign institutions.

Schedule III Banks: Foreign bank branches of foreign institutions that have been authorized under the Bank Act to do banking business in Canada.

Sinking Fund: Securities or deposits accumulated on a regular basis in a separate safekeeping account and/or bank account that will be used to redeem debt securities at maturity.

Standard and Poor’s: Index provider and independent credit rating agency.

Supranational: An agency sponsored by either a single or group of highly rated foreign banks or governments that will issue debt to fund loans in developing countries or large infrastructure projects. Supranational institutions may be owned or guaranteed by a consortium of national governments and their debt is typically rated “AA” or higher.

Keyword Search

Asset Allocation

Allowable Investments Portfolio

Investment Parameters

Reserve Fund

Sinking Fund

Liquidity

Enquiries

For more information, contact:
​​​​​​​Manager, Treasury 
Corporate Finance Services
Finance and Corporate Services Department

Appendix A: Limitations to Sector Concentration and Term

1. Exposure % limitations to be applied to the par value of the total portfolio
2. Investment in these securities is contingent upon the City of Ottawa maintaining a credit rating at or above AA (L)
3. Rated by Standard and Poor’s (S&P). Credit can be evaluated if rated by another agency; however, the rating must line up with the S&P rating equivalent

Approved By: City Council
Category: Finance
Approval Date: January 23, 2013
Effective Date:  January 23, 2013 

Policy Statement

The City shall undertake a multi-year approach to budgeting for Rate Supported operating and capital programs unless otherwise direct by Committee and Council.  Where possible, the multi-year period should mirror the Term of Council.  

Purpose

The purpose of this Policy is to enable the City’s approach to multi-year budgeting for rate supported operating and capital programs. The Policy provides direction in the development, approval and adjustment of multi-year budgets in order to recognize major changes in budgetary assumptions, legislation and Council priorities. 

Application

This Policy applies to the Environmental Services department, which is responsible for the control, administration and management of the City’s Rate Supported operating and capital budgets and to all departments which support the delivery of rate supported services. 

Policy Requirements

Objectives of multi-year budgeting

The primary objectives are:

• To have a longer-term funding plan for the City in order for long-term goals to be identified and achieved;
• To provide residents with more certainty about the plans for City water and sewer services, finances, and rate levels;
• To support more efficient and strategic decision making.  

Authority

The City shall adhere to all applicable legislation governing municipalities budgeting practices.  Specifically, the Municipal Act, 2001, (the ”Act”) sets the direction for the City to prepare and adopt a balanced annual or multi-year budget.  The City shall define the budget period to align with the Term of Council.  

When adopting a multi-year budget, the Act requires that in the second year, and each subsequent year, to which the multi-year budget applies, the City shall:

• Review the budget in the year or the immediately preceding year;
• Make required changes to comply with the Act;
• Re-adopt the budget for that year and for subsequent years to which the budget applies.  

10-Year Long Range Financial Plan (LRFP) for water and sewer capital investment needs

The LRFP forms the basis from which the more detailed multi-year budgets shall be developed. Any updates to the LRFP, during the multi-year budget period, may result in recommended budget adjustments to the multi-year budget. 

Budget Preparation and Adoption

Staff shall prepare draft multi-year rate supported budgets in accordance with the LRFP. 

The governing Committee shall

• prescribe the process and timetable for the submission and adoption of the draft budgets to Committee;
• prescribe public consultation process; and
• recommend the budgets for submission to Council for final adoption. 

In-year Operating and Capital Budgets Adjustments

Both the operating and capital budgets shall be monitored throughout each year of the multi-year budget period and quarterly status reports shall be presented to Committee and Council.  

Pursuant to the Delegated Authority By-law 2012-109 as amended, the City Treasurer is authorized to process operating and capital budget adjustments within specified limits.  Those that exceed these limits require Council approval.  Budget adjustments processed under delegated authority and those that require Council approval shall be reported in the quarterly status reports.  

Future Year Operating and Capital Budgets Adjustments

The Finance Department shall establish an adjustment review process to take place each year, immediately preceding the upcoming budget year.  All proposed changes to future years’ funding plans, operating and capital budgets shall be brought forward and approved by the governing Committee during the annual adjustment review. 

The budgets shall not be opened up for a full scale review. The intent is to adhere to multi-year city plans and budgets that support them and only to adjust the budgets when circumstances warrant. Budget adjustments shall be limited to the following circumstances:  

1. External factors such as provincial or federal budgets, or changes imposed by legislation or external boards (i.e. OMERS, Clean Water Act, Source Water Protection Act, Water Opportunities Act);
2. Adjustments to reflect operating impacts related to the implementation and completion of capital projects;
3. Adjustments to capital program to reflect changes in project requirements, financing or the project work plan;
4. Unforeseen changes to economic forecasts affecting costs, staffing requirements, service demand volumes, or revenue projections; and
5. Council-directed changes to priorities, policies or programs. 

As a result of the annual adjustment review process, Environmental Services shall recommend to Committee and Council, necessary adjustments to the appropriate budgets for each year(s) in the multi-year period. 

Responsibilities

Environmental Services and other supporting departments shall identify needs aligned to Council plans and priorities and changes to operational and capital requirements. 

Financial Services Unit shall assist client departments with developing the multi-year budget and the annual budget adjustment review process. 

Financial Planning and Budgets shall facilitate and co-ordinate the multi-year budget development and the annual budget adjustment review process. 

Monitoring/Contraventions

The City Treasurer and the General Manager of Environmental Services shall monitor current practices to ensure compliance with this Policy. 

References

The Corporate Planning Framework (Ref. No. ACS2011-COS-ODP-0007)

Fiscal Framework 2007 as amended

Long Range Financial Plan IV ? Water and Sewer Rate Supported Programs ACS2012-CMR-FIN-0004

Report on: Proposed Rate Budget Multi-year Policy ACS2013-CMR-FIN-0001 

Legislative and Administrative Authorities

Municipal Act, 2001, as amended
Delegation of Authority By-law 2012-109, as amended

Definitions

Long Range Financial Plan – outlines the projected operating and capital requirements in order to provide and maintain these services to City residents 

Rate-Supported Services – the programs required to provide potable drinking water along with sanitary and storm water sewer services which are funded through revenues from water and sewer surcharge rates. 

Enquiries

Enquiries regarding this Policy should be directed to: 

Deputy City Treasurer
Corporate Finance Services
Finance Services Department 
Tel: 613-580-2424, ext. 41723

Approved By: City Council
Category: Finance
Approval Date: February 25, 2009
Effective Date: February 25, 2009
Revision Approved By: Chief Procurement Officer
Revision Date: August 10, 2023

Policy statement

The City shall use a consistent approach to consider the merits of unsolicited proposals for the supply of goods and/or services received from private sector proponents, which complies with the Procurement By-law, ensures a procurement process that is open, transparent and fair to all proponents, and provides best value to the City.

Purpose

The purpose of this policy is to outline the City’s approach to evaluating and pursuing an unsolicited proposal from a private sector proponent for the supply of goods and/or services.

Application

This policy applies to all City of Ottawa employees and elected officials.

This policy does not apply to the City’s local boards.

This policy does not apply to real estate development projects or projects undertaken using a public-private partnership (P3) approach.

Policy requirements

Objectives of the Ottawa Option Policy

The City receives unsolicited proposals from private sector proponents for the supply of goods and/or services that may offer improved services, reduced cost, cost avoidance or other benefits. The objective of the Ottawa Option Policy is to provide a process for the City to receive and consider unsolicited proposals from private sector proponents that:

• Eliminate the perception of bias and ensures an open, transparent and fair procurement process
• Provide best value to the City
• Protect the proprietary trade information of the private sector proponent.

Steps of the Ottawa Option eligibility and procurement process

When an unsolicited proposal is received from a private sector proponent, the City shall follow a four-step process to evaluate the proposal’s eligibility for an Ottawa Option procurement process:

• Eligibility assessment
• Evaluation of the business case
• Approval of funding (if required)
• Procurement process

Eligibility assessment

The unsolicited proposal shall be submitted to the Chief Procurement Officer or to a General Manager responsible for areas discussed in the proposal. The information provided to the City shall be at a high conceptual level and shall include:

• A profile of the proponent and key partners
• A project description, including the key deliverables and benefits
• The proposed financial relationship between the City and the private sector proponent, and allocation of risks
• The proponent’s expectations of the City, including financial expectations and the assistance of staff in preparing or finalizing the unsolicited proposal

The General Manager of the relevant operational department, in consultation with the Chief Procurement Officer, shall determine the eligibility of the unsolicited proposal under this policy by considering:

• The competitive market for the supply of the proposed goods and/or services
• The sufficiency of the proposed benefit, given current City priorities
• The willingness of the City to fund its share of the costs of implementation or the competitive process
• The availability and cost of City staff and/or external resources required to evaluate the unsolicited proposal’s benefits to the City

If the General Manager determines that the unsolicited proposal is not in the best interests of the City, the proponent shall be advised and the City shall take no further action in relation to the proposal concept.

If the General Manager determines that the unsolicited proposal is in the best interests of the City, the Chief Procurement Officer shall ensure that the proposal is not similar to a current or planned competitive procurement process and does not circumvent the Procurement By-law, in which case the unsolicited proposal will not be pursued.

If the unsolicited proposal is similar to a current or planned competitive procurement but presents a different scope, style or approach that would improve the City’s position, the Chief Procurement Officer may consider the proposal and choose one of the following two outcomes:

• With the proponent’s concurrence, amend the current procurement documents and competitive process to include some or all of the key elements of the unsolicited proposal, and reissue the amended procurement document in an open, transparent and fair competitive process
• Reject the unsolicited proposal and continue with the current procurement process without amendments to the procurement documents

If the unsolicited proposal qualifies for the Ottawa Option, the Chief Procurement Officer shall:

• Obtain written confirmation of the proponent’s agreement to enter into negotiations in accordance with the Ottawa Option Policy as well as acknowledgement from the proponent that the City is under no obligation to accept the proposal, that all costs incurred by the proponent in relation to the unsolicited proposal are incurred at the proponent's own risk, and that the City shall not be liable for any costs or damages in connection with the rejection or non-acceptance of the proposal
• Provide the proponent with any available information describing the City’s requirements for the goods and/or services proposed
• Request that the proponent prepare and submit, at its sole expense, a detailed proposal in a prescribed format and agreed timeframe

All unsolicited proposals received under this policy shall be open for acceptance by the City for a minimum period of six months.

Evaluation of the Business Case

In consultation with Supply Services, the General Manager shall develop a business case based on the detailed proposal received and assemble an evaluation team of subject matter experts to (a) evaluate the technical, commercial, managerial and financial capacity of the private sector proponent to undertake the proposed project; and (b) evaluate the proposed scope, benefits and risk-sharing of the unsolicited proposal for congruence with City priorities and available resources.

Based on the outcome of the business case evaluation, the General Manager may (a) reject the unsolicited proposal; (b) request amendments, clarifications or modifications to the unsolicited proposal; or (c) accept the unsolicited proposal as being in the best interest of City and, depending on the current conditions in the competitive marketplace, either seek approval for a non-competitive award of contract in accordance with section 22 (1) of the Procurement By-law or to consider the proposal in a competitive procurement process in accordance with the Procurement By-law.

Approval of funding (if required)

Where a decision has been made to either award a non-competitive contract or commence a competitive procurement process, but funding for the purpose envisioned in the unsolicited proposal is required and has not been previously approved by Council, the General Manager shall submit a report to Council for approval of the required funds.

Procurement process

If a decision is made to proceed with a competitive procurement process, Supply Services, in collaboration with the operational department, shall issue a Request for Proposal (RFP) and appoint a Fairness Commissioner to monitor and oversee the integrity of the competitive process. Supply Services shall ensure that proposals are solicited in an open, transparent and fair competitive process in accordance with the Procurement By-law.

The RFP document shall provide the main concepts of the unsolicited proposal, including contract principles and risk-sharing framework, without revealing proprietary information contained in the original proposal. The company that submitted the original unsolicited proposal must still submit a proposal in response to the RFP. An evaluation team shall evaluate all of the proposals received, and the successful proponent shall be determined in accordance with section 20 of the Procurement By-law. 

Responsibilities

The General Manager shall determine whether the unsolicited proposal qualifies under the Ottawa Option Policy from a business perspective, and if the City should continue to entertain the proposal.

The Chief Procurement Officer shall determine if the proposal is eligible for consideration under this policy based on its similarity to any current procurement processes and ensure that any procurement process resulting from the receipt of the unsolicited proposal complies with this policy and the Procurement By-law.

City Council shall approve the funding required to pursue the unsolicited proposal if such funding has not been previously approved by Council.

Legal Services, or alternative external legal counsel retained by the City Solicitor to act on behalf of the City, shall review and approve all agreements that result from the procurement process.

Monitoring/Contraventions

General Managers shall monitor compliance with this policy. Failure to comply with this policy may result in employee disciplinary action.

The Chief Procurement Officer shall ensure that the evaluation of unsolicited proposals and the procurement process comply with the Procurement By-law.

An independent Fairness Commissioner, when appointed, shall monitor and report on the integrity of the procurement process to ensure compliance with the Procurement By-law.

References

Procurement By-law No. 50 of 2000 of the City of Ottawa, as amended
Business Case and Project Management Policy

Legislative and Administrative Authorities

Procurement By-law No. 50 of 2000
Accessibility for Ontarians with Disabilities Act, 2005
Ontario Regulation 191/11 Integrated Accessibility Standards, Clause 5; Procuring or Acquiring Goods, Services and Facilities

Definitions

Unsolicited Proposal: A proposal received by City staff from a private sector vendor, consortium or any other proponent, that was not provided in response to a formal request from the City, but that was submitted through the initiative of the proponent.

Enquiries

For more information on this policy, contact:

Manager, Strategic Sourcing and Supply Chain Management
Strategic Sourcing Branch, Supply Services
Finance and Corporate Services Department

Approved by: City Council
Approval date: July 6, 2022
Effective date: July 6, 2022
Revision approved by:
Revision / review date:

Policy statement

Where a parcel of municipal property is being disposed of, the City of Ottawa shall dedicate a prescribed portion of the property, or a prescribed portion of the net proceeds from the sale of such lands, shall be directed towards the development of municipal parkland and recreation facilities in order to meet the targets and recommendations established in the Council approved Parks and Recreation Facilities Master Plan (2021), the Official Plan and other Council-approved parkland acquisition initiatives.

This policy applies to the sale of surplus City owned land that is not:

• Zoned as parkland
• Considered municipal parkland or
• Used as a parks and recreation facility

Purpose

The purpose of this policy is to ensure that:

• Surplus City-owned Land, at the time of disposition, is considered on a priority basis for the purpose of developing municipal parks and recreation facilities
• Lands newly designated for municipal parks and recreation facilities are under Recreation, Cultural and Facility Services (RCFS) stewardship and management, in accordance with this policy and the Disposal of Real Property Policy and

City departments coordinate work and strategies to achieve the targets and recommendations established in the Parks and Recreation Facilities Master Plan, as approved by Council.

Application

In conjunction with the Disposal of Real Property Policy, this policy is applied where Land is disposed of by the City of Ottawa, unless otherwise waived, in whole or in part, by Council.

The City’s Corporate Real Estate Office (CREO) shall apply this policy when undertaking City land development initiatives or disposals of surplus City-owned lands.

This policy applies to all City of Ottawa employees, and any agents, authorized to dispose of land on behalf of the City or develop City-owned land, including the development of municipal parks and recreation facilities.

Policy requirements

RCFS and CREO will identify and make available suitable surplus City-owned Land for the provision of municipal parks and recreation facilities.

When City-owned Land is sold, CREO will ensure that a minimum 25 per cent of the total municipal land parcel is provided to RCFS for the development of municipal parks and recreation facilities or ensure that a minimum 25 percent of the City’s Net Proceeds from sale are transferred to the fund designated for municipal parks and recreation, as a result of this policy. Where land is provided, CREO will convert 25% of the land area to RCFS stewardship prior to the sale of the remaining land area.

RCFS will use funds generated under this policy to fund the capital development of municipal parks and recreation facilities. The funding may be used for developing new recreation facilities or upgrading existing facilities, purchasing land, studies, or any other recreational use as directed by Council. The reserve funds cannot be used for funding ongoing operating or programming costs.

All reports to Council, including delegated authority reports, involving the sale of City owned Land shall include a statement regarding compliance with this policy.

Value

Surplus City-owned land that is designated for the purpose of municipal parks and recreation facilities shall be calculated at market value by the CREO valuation team or by a CREO designated third party.

Responsibilities

CREO will identify potential surplus City-owned lands and dispose of such lands in accordance with the Disposal of Real Property Policy.

RCFS will indicate to CREO the identified potential surplus City-owned lands that can accommodate and are appropriate for municipal parks and recreation facilities. For each application, RCFS will identify the need for land, cash or a combination thereof.

RCFS will co-coordinate with the Chief Financial Officer the funding from various sources to facilitate the development of surplus City-owned Lands being designated for municipal parks and recreation facilities as a result of this policy.

Finance will track and monitor the reserve designated for municipal parks and recreation, as a result of this policy, and ensure those funds are made available through the annual capital budget process.

Monitoring

RCFS and CREO are responsible for monitoring the application of this Policy and, ensuring that the requirements of this policy are met and are in conjunction with the Disposal of Real Property Policy.

References

• Cash-in-Lieu of Parkland Funds Policy
• Disposal of Real Property Policy and Procedures
• Park Development Manual

Legislative and administrative authorities

• City of Ottawa Official Plan (2021)
• City of Ottawa Parks and Recreation Facilities Master Plan (2021)
• Parkland Dedication By-law (By-law No. 2022-280)

Definitions

Parkland – A City-owned property that includes land acquired through the development review process under the provisions set out in the Parkland Dedication By-law, and lands that are expropriated or purchased by the City for park or recreation purposes.

Parkland may be developed to include community buildings, soft and hard surfaces, and active recreational facilities such as play structures, water play and sports fields.

Net proceeds – The sale price of the surplus property less all costs to complete the sale, such as transfer taxes, signage and other applicable fees.

Recreation facility – An indoor or outdoor public place designed and equipped with facilities such as a swimming pool, squash or tennis courts, sports arena and fields, gymnasia, weightlifting and exercise rooms, and used for recreational, fitness or athletic pastimes and/or to provide instruction in such pastimes. It may include an ancillary sports field.

Enquiries

For more information on this policy, contact:

Manager, Parks and Facilities Planning
Recreation and Cultural Facilities Services
City of Ottawa

Appendices

None.

Approved by: City Council
Approval date: August 31, 2022
Effective date: August 31, 2022
Revision approved by: 
Revision / review date: 

Policy statement

In order to increase parkland provision, where sites subject to development or redevelopment applications are also subject to the City’s Parkland Dedication By-law, the City will, as a first priority in the development review process, request the dedication of parkland over Cash in Lieu of Parkland (CILP).

Purpose

The purpose of this policy is to increase the availability of parkland as per the Parks and Recreation Facilities Master Plan (2021).

Application

This policy applies to all development and redevelopment sites subject to the City’s Parkland Dedication By-law.

This policy applies primarily to staff from the Planning, Real Estate and Economic Development department (PRED) and Recreation Cultural and Facilities Services department (RCFS).

Policy requirements

Staff shall prioritize land over CILP.

Prime consideration for RCFS requesting land dedication instead of CILP will occur when: 

• The provision rate of parkland is lower than 2 hectares per 1,000 people, as demonstrated in Map 2 of the Parks and Recreational Facilities Master Plan (2021), and as amended and / or updated from time to time

On development or redevelopment sites that generate a minimum of 400m2 of parkland RCFS, at its discretion, may take the maximum amount of parkland permitted as specified by the Parkland Dedication By-law. The land dedicated as parkland will meet the requirements of the Parkland Dedication By-law and Park Development Manual, to the satisfaction of RCFS in consultation with PRED.

On development or redevelopment sites that generate less than 400m2 of parkland, 

• RCFS will generally take CILP. However, where such sites abut an existing or planned municipally owned park, or municipally owned greenspace, land, or a combination of land and CILP may instead be taken. In such cases, the dedicated land will meet the requirements of the Parkland Dedication By-law and Park Development Manual, to the satisfaction of RCFS in consultation with PRED.

In all cases, the decision of requesting land dedication over CILP, resides within the purview of RCFS in consultation with PRED.

City departments will work in a coordinated manner to increase acquisition of parkland to:

• Achieve the targets established in the Parks and Recreation Facilities Master Plan, as approved by Council
• Implement Official Plan Policy 4.4.1.2 b, which prioritizes the acquisition of land.

Responsibilities

Staff from PRED must: 

• Include the RCFS Parks Planner in all pre-consultation and planning application meetings
• Circulate all planning applications, supporting information and relevant information to the RCFS Parks Planner
• Circulate draft and final Delegated Authority Reports to the RCFS Parks Planner 

Staff from RCFS must:

• Determine whether the parcel of land, that is the subject of development or redevelopment, meets the minimum criteria for municipal parkland as per the Parkland Dedication Bylaw and Park Development Manual
• Inform the assigned Planner from PRED and the applicant of the parkland dedication requirements.
  • The General Manager of RCFS may, at their discretion, request land, CILP, or a combination of land and CILP.

​​​​​​​The RCFS Parks Planner will approve the location, size and orientation of the park, as informed by the Park Development Manual, the site conditions and proposed development.

Monitoring/Contraventions

All reports to Council and its Standing Committees, as applicable, to the Committee of Adjustment, and delegated authority reports, shall include a statement regarding compliance with this policy.

References

• Park Development Manual

Legislative and administrative authorities

• City of Ottawa Official Plan (2021)
• City of Ottawa Parks and Recreation Facilities Master Plan (2021)
• City of Ottawa Parkland Dedication By-law (By-law No. 2022-280)
• Planning Act

Definitions

Parkland – A City-owned property that includes land acquired through the development review process under the provisions set out in the Parkland Dedication By-law, and lands that are expropriated or purchased by the City for park or recreation purposes.  Parkland may be developed to include community buildings, soft and hard surfaces, and active recreational facilities such as play structures, water play and sports fields.

Parkland Dedication By-law – A by-law permitted under Ontario’s Planning Act, which allows municipalities to require developers to contribute land for parks and / or Cash in Lieu of Parkland (CILP) as part of the municipal approval process for land development and redevelopment.

Enquiries

For more information on this policy, contact:

Manager, Parks and Facilities Planning
Recreation, Cultural and Facilities Services
City of Ottawa

Appendices

None.

Approved By: City Council
Section: City Clerk
Approval Date: December 8, 2010 

Policy statement

The City of Ottawa is committed to citizen engagement and supports petitions as one tool for citizens to have input into Council’s decision making process.

A petition can be most effective when the information contained in it is accurate and verifiable, and when the petition is recognized and accepted by decision makers.

Purpose

This policy outlines the City of Ottawa’s procedure for receipt and recognition of public petitions.

Application

This policy applies to all petitions submitted to the City of Ottawa, with the exception of those governed by another Act (such as drainage and local improvement petitions).

Policy requirements

Petition requirements

• The petition must be addressed to the City of Ottawa/Ottawa City Council (or the Transit Commission) and request a particular action within the authority of Council.
• Petitions must be legible, typewritten or printed in ink (no pencil).
• The text of the petition must be listed at the top of each page for multiple-page petitions. Pages should be numbered and total number of pages indicated.
• The petition must be appropriate and respectful in tone, and must not contain any improper or offensive language or information.
• Each petitioner must print and sign his or her own name. A paper petition must contain original signatures only, written directly on the petition.
• Each petitioner must provide his or her full address.
• For electronic petitions, petitioners must provide name, address and a valid e-mail address.
• The petition must clearly disclose on each page that it will be considered a public document at the City of Ottawa and that information contained in it may be subject to the scrutiny of the City and other members of the general public.

Submission of petitions

• Petitions containing original signatures should be sent to the attention of the City Clerk by mail or delivered in person to Ottawa City Hall or City of Ottawa Client Service Centre.
• Petitions may also be submitted to the Mayor or any member of City Council.
• Electronic Petitions may be submitted to the attention of the City Clerk at petitions@ottawa.ca.
• All petitions that meet the above standards will be presented to Council (or the Transit Commission) at its next regular meeting, or the meeting at which the subject of the petition is to be discussed.
• Standing Committees cannot formally accept petitions. Petitions received at Standing Committees will be forwarded to the Clerk and presented to full Council at its next regular meeting, or the meeting at which the subject of the petition is to be discussed
• Council has the discretion to accept the petition, and Council’s decision is final.

Responsibilities

The City Clerk is responsible for receiving all petitions and submitting them to the attention of Council or the Transit Commission.

City Council members are responsible for forwarding all petitions received by their offices to the attention of the Clerk.

Monitoring/contraventions

The City Clerk will evaluate all petitions to ensure that the requirements of the policy are met.

Petitions deemed to be in non-compliance will not be formally accepted by Council or the Transit Commission.

However they will be listed as “other correspondence received” on the appropriate Standing Committee or Council agenda, if applicable.

Retention and disclosure

All petitions submitted to the City will be retained by the City Clerk’s office. Petitions meeting the requirements of this policy and therefore presented to and received by Council or the Transit Commission will be kept on file at the Office of the City Clerk and will be available for public viewing upon request.

Definitions

For the purposes of this policy, a petition is a formal written request made to the City of Ottawa, Council or one of its Standing Committees.

Enquiries

Office of the City Clerk
Legislative Services Branch
Deputy City Clerk
110 Laurier Avenue West,
Ottawa ON K1P 1J1

Petition form

The petition form and more information on how to submit a petition can be found on the Submitting a petition to Council page.

Approved By: City Council
Section: City Clerk
Approval Date: November 22, 2017
Effective Date: January 1, 2018
Revision Date: February 1, 2021 (Housekeeping revisions)

Policy Statement

The City of Ottawa recognizes a Member of Council’s right to take leave for the Member’s pregnancy, the birth of the Member’s child or the adoption of a child by the Member in accordance with the Municipal Act, 2001 and the Procedure By-law.

Definitions

Pregnancy and/or Parental Leave – an absence of 20 consecutive weeks or less as a result of a Member’s pregnancy, the birth of a Member’s child or the adoption of a child by the Member in accordance with Section 259(1.1) of the Municipal Act, 2001.

Purpose

This policy provides guidance on how the City of Ottawa addresses a Member’s pregnancy or parental leave in a manner that respects a Member’s statutory role as an elected representative.

Application

In accordance with Section 270 of the Municipal Act, 2001, this policy applies to Members of Council.

Policy Requirements

City Council supports a Member of Council’s right to pregnancy and/or parental leave in keeping with the following principles:

1. A Member of Council is elected to represent the interests of their constituents.
2. A Member’s pregnancy and/or parental leave does not require Council approval and their office cannot be declared vacant as a result of the leave.
3. Legislative and administrative matters requiring action during a Member’s pregnancy and/or parental leave should be addressed in a manner that is consistent with the Member’s wishes.
4. A Member of Council on pregnancy and/or parental leave shall reserve the right to exercise their delegated authority at any time during their leave.

Where a Member of Council will be absent due to a pregnancy and/or parental leave, subsection 83(14) of the Procedure By-law sets out the process for the temporary assignment of the Member’s concurrence under the Delegation of Authority By-law and the Member’s committee membership(s) in accordance with the Member’s wishes and the delegation of routine, administrative and human resources matters of the ward office, to the City Clerk.

Notwithstanding, at any point in time during a Member’s pregnancy or parental leave, the Member reserves the right to exercise their delegated authority on matters within the Ward. The Member shall provide written notice to the City Clerk of their intent to lift any of the Council-approved, temporary delegations and exercise their statutory role or delegated authority.

Responsibilities

Members of Council and City staff are responsible for adhering to the parameters of this policy.

Monitoring/Contraventions

The City Clerk shall be responsible for monitoring the application of this policy and for receiving complaints and/or concerns related to this policy.

References

Delegation of Authority By-law
Procedure By-law

Legislative and Administrative Authorities

Section 270 of the Municipal Act, 2001 requires that the City adopt and maintain a policy with respect to the pregnancy and parental leaves of Members of Council.

Enquiries

City Clerk
Office of the City Clerk
City of Ottawa
Telephone: 3-1-1 (TTY: 613-580-2401)

Approved by: City Clerk
Category: General Administration
Approval date: November 7, 2022
Effective date: November 7, 2022
Revision approved by: 
Revision / review date: 

Policy statement

The City of Ottawa is committed to being open, accessible and transparent in its actions while safeguarding the privacy of individuals by protecting the personal information in the City’s custody or control.

The City is required to handle information according to responsibilities and requirements set out under the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) and other applicable access and privacy legislation.

Purpose

Through the course of its operations, the City collects, stores, generates and handles a range of information that may be considered personal information, which may include highly sensitive information pertaining to an individual’s health or finances. The purpose of this policy is to support departments and staff in the handling of such information in a manner that respects the privacy rights of individuals and is consistent with the City’s statutory obligations.

Application

This policy applies to all City of Ottawa employees, including, but not limited to, full-time, part-time, casual, contract, volunteer and student/co-op placement employees. This policy applies to vendors acting on behalf of the City. 

This policy applies to all personal information collected, used, retained and disclosed by the City of Ottawa.

Personally identifiable information that pertains to the Transit Services Department employees may be subject to the federal Personal Information Protection and Electronic Documents Act (PIPEDA).

This Policy does not apply to personally identifiable information that is maintained for the purpose of creating a record that is available to the general public.

This Policy does not apply to City of Ottawa employment files, including employee performance management records, and labour relations records. Although MFIPPA does not apply to certain employment and/or labour relations records, the City must still handle such information in a privacy protective manner, with consideration to the sensitivity of the information.

This policy does not apply to personal health information in the custody or control of the City of Ottawa Health Information Custodians that are subject to the Personal Health Information Protection Act, 2004 (PHIPA). The Medical Officer of Health (Ottawa Public Health), the Ottawa Paramedic Service and the City of Ottawa Long-Term Care Homes have adopted Information Practice Statements that provide a general description for the handling of personal health information in compliance with PHIPA.

This policy does not apply to Elected Officials or their staff. Section 5 of the Code of Conduct for Members of Council governs the use of confidential information, including confidential personal information, by Elected Officials. The Integrity Commissioner investigates complaints regarding Elected Officials’ alleged misuse of such information.

This policy does not apply to the Integrity Commissioner, Lobbyist Registrar, Meetings Investigator and Auditor General, or to any employee acting under their instruction. The Integrity Commissioner, Lobbyist Registrar, Meetings Investigator and Auditor General are officers who report, and are directly accountable, to City Council. The Municipal Act, 2001 requires that these officers perform their duties in an independent manner and establishes confidentiality requirements of their information.

There may be situations in which other legislation overrides the privacy provisions of MFIPPA. Staff should contact the Access to Information and Privacy (ATIP) Office with any questions on the application of this policy.

Policy requirements

The City of Ottawa is obligated under MFIPPA to protect all personal information that is in its custody or control.

What is personal information

As set out in Subsection 2(1) of MFIPPA, personal information is recorded information about an identifiable individual including, but not limited to:

• Race, national or ethnic origin, colour, religion, age, sex, sexual orientation or marital or family status of the individual;
• Education, medical, psychiatric, psychological, criminal or employment history of the individual;
• Information relating to financial transactions in which the individual has been involved;
• Any identifying number, symbol or other particular assigned to the individual;
• Address, email address, telephone number, fingerprints, or other biometric data of the individual;
• Personal opinions or views of the individual except if they relate to another individual;
• Correspondence sent to an institution by the individual that is implicitly or explicitly of a private or confidential nature, and replies to that correspondence that would reveal the contents of the original correspondence;
• The views or opinions of another individual about the individual; and
• The individual’s name if it appears with other personal information relating to the individual or where the disclosure of the name would reveal other personal information about the individual.

To qualify as personal information:

• It must be about an individual in a personal capacity; and
• It must be reasonable to expect the individual may be identified if the information is disclosed.

What is not personal information

Information associated with an individual in a professional, business or official capacity is not personal information. Business and professional information includes position title, business telephone number, business address, business email address, and opinions and recommendations expressed in a professional capacity. Business information is not protected from disclosure under this Policy.

Collection of personal information

A municipality can only collect personal information that is expressly authorized by statute, or that is necessary for the administration of a lawfully authorized activity such as delivery of a municipal service. Subject to limited exceptions, a municipality must provide a notice of collection when collecting personal information. Collecting additional personal information that is not necessary is known as “over-collection” and can be considered a deemed privacy breach. This practice is not permitted.

The following practices shall be adhered to when collecting personal information:

• Personal information shall only be collected directly from the individual to whom it relates unless otherwise authorized by statute, or if the individual expressly authorizes another manner of collection;
  • If the individual authorizes another manner of collection, for example the individual requests City staff contact a family member to obtain information, this authorization should be noted in writing in the individual’s file.
• Personal information collected by or on behalf of the City shall be limited to only that which is expressly authorized by statute or necessary to administer the programs and services of the City;
• Where possible, staff shall verify personal information and keep a record of verification rather than retaining a record of the information. For example, note that an individual’s driver’s license was viewed by staff, rather than photocopying and keeping a copy of the licence; and
• When recording personal information, employees shall notify individuals of the purpose of the collection, use and disclosure of their personal information in accordance with Subsection 29(2) of MFIPPA. This may be done by use of a Notice of Collection.

Notice of Collection

Subject to limited exceptions provided for under MFIPPA, the City must give notice to an individual when personal information is collected. The notice must be provided at time of collection and shall clearly include the following:

• The legal authority for the collection;
• The reason for the collection;
• How the information will be used; and
• Whom to contact for more information pertaining to the handling of their personal information.

Sample collection statements are set out under Appendix A: Personal Information Collection Statement Templates.

Use of personal information

Once the City is in possession of personal information, it can only be used (including stored, copied, disseminated, reported on and accessed) for the purposes for which it was collected or for a consistent purpose. A consistent purpose is one that the individual might reasonably have expected at the time the personal information was collected.

The following practices shall be adhered to when using and handling personal information:

• Personal information collected by the City shall only be used for the purpose(s) for which it was originally collected or for a consistent purpose;
• No secondary use or disclosure of personal information is permitted unless the City receives the specific consent of the individual to whom the information relates;
• Access to personal information ought to be limited to only those persons who require access in order to perform their job duties. Authorized persons who have been granted access to personal information are responsible for protecting the confidentiality of that information and the privacy of the individuals who are the subject of the information. They are also required to use the information in accordance with all applicable legislation, regulations and policies as set out under Appendix B: Accessing Personal Information Procedures. Authorized persons shall only be granted access to personal information on a “need to know” basis in order to fulfill their job responsibilities; and
• Secondary use or analysis of data collected for other purposes may occur only if the data is first sufficiently anonymized to remove all personal identifiers such that it is not reasonably possible to re-identify individuals. Staff may contact the ATIP Office for support and guidance.

Disclosure of personal information outside the City

Disclosure of personal information beyond the employees and department responsible for the initial collection and use of the personal information is not permitted, except where it is necessary for the performance of job duties, or where specific consent has been received from the individual to whom the information pertains.

Disclosure of personal information to any external individual or organization must be in accordance with Section 32 of MFIPPA, which sets out specific circumstances in which the City may disclose personal information to other individuals or organizations including, but not limited to:

• If the person to whom the information relates has identified that information in particular and consented to its disclosure;
• For the purpose for which it was obtained or compiled or for a consistent purpose;
• For the purpose of complying with another Act of Legislature or an Act of Parliament;
• If the disclosure is required for an active law enforcement investigation, from which a proceeding is likely to result; and
• In compassionate circumstances, to facilitate contact with the spouse, a close relative or a friend of an individual who is injured, ill or deceased.

Staff should consult with the ATIP Office if they are uncertain as to whether, under the circumstances, disclosure is permitted as described in Section 32 of MFIPPA.

Protection of personal information

Personal information shall be secured against loss through misplacement, deterioration, accidental destruction, theft and unauthorized or inappropriate access, retention or disposal. Each department and/or its Service Areas shall establish security measures that include administrative, technical and physical safeguards that are appropriate to the information’s sensitivity, the format in which it is held, and the related privacy risks.

Security measures shall include de-identification for all data where appropriate. When personal information must be retained, the department must establish administrative, technical and physical safeguards that take into account the information’s sensitivity, the format in which it is held, and the related privacy risks.

Examples of administrative safeguards are privacy and security training; technical safeguards include measures such as strong passwords and encryption; and physical safeguards include controlled access to locations where personal information is stored and supervision of visitors.

Retention and Disposition of personal information

The City shall not retain records containing any personal information for longer than is required for the provision of City programs and services, in accordance with the Records Retention and Disposition By-law or applicable legislation.

When no longer required, temporary hard copy records containing personal information shall be destroyed by placing them in a secure shredding console or bin. Electronic records and systems must establish lifecycle time periods, processes for destruction and confirmation of disposal. This applies to a vendor’s activities as well to ensure that records are not retained beyond the vendor’s services.

Official business records containing personal information will be disposed of by Information Management according to the Records Management Procedures. Staff who have questions about retention and disposition of records containing personal information should consult the Information Management Branch.

Rights of access and Correction of own personal information

Individuals are entitled to access their own personal information with limited exceptions. This includes notes that City staff have made about the individual. These records can often be released to the individual directly by the department holding the information.

Section 38 of MFIPPA sets out limited circumstances where individuals may be denied access to their own personal information. Staff should consult with the ATIP Office if they have any questions about the applicability of Section 38.

If the department does not release requested personal information directly to the individual, the individual has a right under MFIPPA to file a formal request for the information with the ATIP Office.

Every individual has a right under MFIPPA to request correction of their personal information. Requests to correct personal information may be processed informally by City staff or be directed to the ATIP Office. The correction of personal information in a file does not necessarily entail the deletion or erasure of the original record. Rather, it may result in adding a note to a record at the request of the individual. The ATIP Office can assist if the department is not in agreement with the correction being requested.

Privacy Breaches

A privacy breach occurs when personal information is collected, retained, used or disclosed in ways that are not in accordance with MFIPPA or PHIPA.

Not all circumstances reported to the ATIP Office constitute a privacy breach. However, all suspected privacy breaches must be investigated. Where a privacy breach has occurred, immediate steps must be taken to ensure that the breach is contained to limit the potential harm to an affected individual(s) and/or to the City of Ottawa.

When any apparent or suspected privacy breach occurs, staff shall notify their manager immediately. The ATIP Office shall also be notified immediately by completing a Privacy Breach Incident Report Form.

The ATIP Office’s Privacy Unit will investigate all reported breaches and provide support in the response, containment, and remediation of breaches. The ATIP Office will assist the department with notification to affected individuals and preventative measures. The Privacy Unit will also advise on whether the breach should be reported to the Information and Privacy Commissioner of Ontario (IPC).

Privacy Impact Assessments

A Privacy Impact Assessment (PIA) is a risk management tool that supports project planning and execution. It identifies the potential effects a project may have on an individual's privacy and is essential for assessing compliance with MFIPPA. A PIA assists in determining the appropriate collection, use, retention, disclosure, security and disposal of personal information, in accordance with MFIPPA.

If staff are developing a new service, acquiring new technology, or modifying an existing service or technology, that involves a new collection, use, disclosure, or retention, of personal information, they must complete a Privacy Impact Assessment – Intake Form.

The ATIP Office’s Privacy Unit will review the Intake Form to determine whether a PIA must be undertaken. The PIA may result in recommendations pertaining to the collection, use, disclosure and retention of personal information in accordance with MFIPPA. If required, a project team will be necessary to support the PIA. Depending on the nature of the service or technology, the project team will include the Business Owner, a Privacy Analyst, and representatives from IT Security and Information Management.

Application of Personal Information Protection and Electronic Documents Act (PIPEDA)

The federal privacy legislation, PIPEDA, applies only to personal information pertaining to OC Transpo employees. For the purposes of PIPEDA, the City Clerk is designated as the person who is accountable for OC Transpo’s compliance with the privacy principles under PIPEDA. The City Clerk may further delegate responsibility to respond to any inquiries of OC Transpo employees or the federal Office of the Privacy Commissioner (OPC) to the Access to Information and Privacy Office.

Responsibilities

MFIPPA applies to personal information in the custody or control of the City of Ottawa. The City and all of its employees, according to their role, are responsible for ensuring personal information is handled in accordance with the requirements of applicable access and privacy laws and the guidance of the Information and Privacy Commissioner of Ontario (IPC). In addition, City employees are required to abide by the requirements under the Employee Code of Conduct.

Departments are the experts regarding their service area. Each department is accountable for its handling of personal information, including understanding privacy responsibilities and risks. Departments shall have clear protocols in place to ensure privacy is protected and records are managed in accordance with this Policy

The ATIP Office supports employees and departments in understanding the legal requirements of protection and handling of personal information, to identify areas of privacy risks, suggest solutions and best practices.

The City Clerk shall:

• Act as the Head under MFIPPA who is responsible for making many of the decisions under MFIPPA, pursuant to delegated authority;
• Be accountable for overseeing the administration of MFIPPA within the municipality and for decisions made under the above legislation;
• Be accountable for OC Transpo’s compliance with the privacy principles of PIPEDA;
• Ensure oversight and compliance with this policy; and
• Investigate and respond to privacy complaints received from the IPC.

The ATIP Office shall:

• Provide advice and establish privacy standards to support this policy;
• Review departmental policies and procedures with respect to privacy upon request from a department;
• Review and make recommendations regarding the privacy impact of new and existing City services, programs, systems and technologies upon request from a department (i.e. privacy impact assessments);
• Develop and make available training for City staff to improve privacy awareness; and
• Investigate reports of privacy breaches and complaints of the misuse of personal information.

Management within each department shall:

• Promote a culture and business practices that ensure the principles for responsible collection, use, protection and disclosure of personal information set out in this policy are followed;
• Ensure the collection, use and disclosure of personal information is consistent with obligations of MFIPPA and guidance of the IPC;
• Ensure clear governance policies, procedures and reporting exist to prevent unauthorized use or disclosure of personal information;
• Ensure that the retention of personal information under the custody or control of the City is in keeping with this policy and the Records Retention and Disposition By-law;
• Ensure vendor contracts and performance comply with all privacy requirements, including mandatory breach response and reporting to the City;
• When introducing new services, programs, systems and technologies that collect, use or retain personal information, request a PIA from the ATIP office in compliance with the principles set out in this policy;
• Report apparent and suspected breaches of privacy to the ATIP Office immediately by completing a Privacy Breach Incident Report Form; and
• Ensure list of personal information banks remains current and newly established personal information banks are registered with the Clerk.

Employees shall:

• Protect privacy in executing their operational duties and ensure personal information is handled with care and confidentiality in all City activities;
• Ensure information is collected and accessed only as required to carry out individual role and specified service delivery;
• Follow departmental procedures for the collection, use, protection and disclosure of personal information by City employees and third parties (e.g. vendors, contractors); and
• Report a potential breach to a supervisor/manager immediately if unauthorized access, collection, or dissemination of personal information is suspected.

Monitoring/Contraventions

The City Clerk shall be responsible for receiving complaints or concerns related to this policy.

City employees who fail to comply with this policy may be subject to disciplinary and/or legal action, as deemed appropriate.

References

Accountability and Transparency Policy
Employee Code of Conduct
Records Management Policy
Records Management Procedures
Routine Disclosure and Active Dissemination Policy

Legislative and administrative authorities

City of Ottawa Records Retention and Disposition By-law
Municipal Act, 2001
Municipal Freedom of Information and Protection of Privacy Act (MFIPPA)
Personal Health Information Protection Act, 2004 (PHIPA)
Personal Information and Electronic Documents Act

Definitions

Collection – The acquisition of personal information from or about the individual to whom the information relates, including unintended or unprompted receipt.

Consistent purpose – a purpose the individual might reasonably have expected at the time personal information was collected.

De-identification – The process of removing personal information from a record or data set to such an extent that re-identification would be unlikely.

Disclosure – The release of personal information by any method (e.g. sharing information by any means such as verbal exchange, sending an email, posting online) to any person.

Personal information – Recorded information about an identifiable individual as defined in Subsection 2(1) of MFIPPA.

Personal information bank – A collection of personal information that is organized and capable of being retrieved using an individual’s name or an identifying number of particular assigned to the individual.

Privacy breach – The improper or unauthorized collection, use, disclosure, retention or disposition of personal information. This includes unsuccessful de-identification of information/data sets.

Privacy Impact Assessment (PIA) – A PIA is a risk management tool that supports project planning and execution. It identifies the potential effects a project may have on an individual's privacy and is essential for assessing compliance with MFIPPA. A PIA assists in determining the appropriate collection, use, disclosure, retention, security and disposal of personal information, in accordance with MFIPPA.

Privacy risk – The potential for loss or breach of personal information that is collected, used, disclosed, or retained. 

Re-identification – Any process that re-establishes the link between information and an identifiable individual.

Enquiries

For more information on this policy, contact:

Kiel Anderson
Manager, Policy and Business Operations
Office of the City Clerk
City of Ottawa
(613) 580-2424 extension 13430

Appendices

Appendix A: Personal Information Collection Statement Templates
Appendix B: Accessing Personal Information Procedure

Appendix A: Personal Information Collection Statement Templates

Approved by: Rick O’Connor, City Clerk
Approval date: November 7, 2022
Effective date: November 7, 2022

Personal Information Collection Statement templates

City Staff

Personal information is collected under the authority of [cite section number and title of applicable legislation or by-law that authorizes collection/ activity/ or program].

Personal information will be used by the City for the purposes of [list principal purposes for which the information may be used i.e. administration of a program, for the purposes of contacting residents about a site plan application, etc].

Questions about this collection and use of your personal information may be directed to [name and position title] at [telephone number], [mailing address], [email address optional].”

Members of Council

Personal information will be used by the Office of [insert Elected Official’s name] the purposes of [list principal purposes for which the information may be used i.e. administration of a program, for the purposes of contacting residents about a site plan application, etc].

Personal information collected will not be used for any election-related purpose, consistent with the City of Ottawa’s Election-related Resources Policy.

Questions about this collection and use of your personal information may be directed to [name and position title] at [telephone number], [mailing address], [email address optional].”

Appendix B: Accessing Personal Information Procedures

Approved by: Rick O’Connor, City Clerk
Approval date: November 7, 2022
Effective date: November 7, 2022

Application

These procedures set out the steps that City staff ought to follow in responding to an individual’s request to access their own personal information.

Procedure Description

Providing Access to Personal Information

In order to ensure compliance with the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA), as well as to promote accountability and transparency, City of Ottawa staff are encouraged to respond to requests for an individual to access their own personal information without requiring that the individual submit a formal request to the ATIP Office provided that the following steps are adhered to:

1. Is the individual requesting access to their own records?

• Authenticate that the individual requesting the information is the same person who is listed the file/record(s). This may be done by verifying a piece of government-issued ID with a photograph. Ensure that you note somewhere that their identify was verified, including the date of verification, but do not record specific information (e.g., a driver’s license number, etc.)
• If the individual is requesting the records of someone for whom they are a Substitute Decision Maker, Power of Attorney, or Estate Trustee or the request is from someone such as a parent with lawful custody of an individual under the age of 16. You must make reasonable inquiries to verify that they are entitled to access the requested records. In certain circumstances you may need to review City records and/or request supporting legal documents. You may ask a member of Legal Services to verify their position by reviewing the appropriate legal documents.
• If a lawyer or law firm is requesting personal information on behalf of a client, they must provide specific written consent allowing the City of Ottawa to disclose personal information to the named lawyer or law firm. The consent must be signed and dated by the individual whose personal information has been requested.

2. Once you have verified that the person requesting the information is that person or an authorized representative, review the information being requested.

• Does it contain anyone else’s personal information?
• Does it contain any information that may be confidential (e.g., legal advice, third-party pricing information, information from other government agencies or institutions that may not be disclosed, etc.)?

If you suspect that the information being requested may contain any of these, ask the requestor to fill out an MFIPPA access request form available on Ottawa.ca/mfippa.

3. If you are sure that the information being requested contains only the personal information of the person requesting it, you may provide copies of specific records or the entire file at the request of the individual. Records containing sensitive personal information must be provided in a secure manner that ensures the individual’s personal information is not accidentally disclosed. The individual may be required to pick-up the information at a Client Service Centre, the documents may be sent through registered mail, or if being provided electronically, the documents may be sent via a Secure File Transfer Protocol (SFTP) that has been reviewed and approved by IT Security.

Corrections to Personal Information

An individual has a right to request correction to their personal information under MFIPPA. Departments may informally correct typos or mistakes, in compliance with the Privacy Policy. However, if the request is more contentious, an individual should be directed to submit a request for their information through the MFIPPA request process.

Monitoring/Contraventions

It is recommended that each department develop a written procedure, including a timeline to ensure consistency when responding to an individual’s request to access their own personal information. Similarly, each department is responsible for ensuring that these procedures are followed and for reviewing the procedures from annually to ensure compliance.

If, at any time you are unsure about whether or not to allow someone access to their file, contact a Privacy Analyst in the Access to Information and Privacy Office.

Remember, information that has been released improperly may constitute a privacy breach.

References

Privacy Policy

Legislative and administrative authorities

Municipal Freedom of Information and Protection of Privacy Act
Personal Health Information Protection Act
Information and Privacy Commissioner of Ontario

Enquiries

For more information on the Accessing Personal Information Procedures, contact:

Access to Information and Privacy Office
privacy-vieprivee@ottawa.ca
613-580-2424 ext. 21898

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 endeavour 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.

Approved By: City Council
Category: General Administration
Approval Date: October 28, 2015
Effective Date: October 28, 2015

1. Policy Statement

Art can define a city. A city’s character, history, aspirations and challenges are expressed and reflected by its artists, through their work and with strong public engagement. Ottawa is home to myriad diverse neighbourhoods – urban, suburban and rural, as well as active communities of visual artists. The City of Ottawa recognizes culture’s role as the fourth pillar of sustainability and the important contribution artists make to a city. This policy is intended to leverage artists’ talent, vision and experience in order to develop Ottawa as an increasingly vibrant place in which to live and to visit.

Public art brings residents and tourists alike into vital everyday contact with original artworks created by professional artists. It adds to the identity and quality of the civic landscape; enriches our experience of public spaces; pays tribute to particular sites, individuals and events; builds civic pride; fosters community and enhances the city’s cultural heritage. Located in the public domain, public art is the most visible and accessible form of artistic expression supported by the City of Ottawa.

The Public Art Program strives to meet recognized professional standards and to address Ottawa’s full geographic scope. The Program:

• Fosters public awareness, understanding and interpretation of Ottawa’s rich visual art history, and develops new audiences for artistic practice;
• Holds the City of Ottawa Art Collection in trust for the people of Ottawa and preserves it for future generations;
• Provides opportunities for emerging, mid-career and established professional artists across Ottawa’s full diversity and encourages participation by First Nations, Inuit, Métis, Francophone and new Canadian artists;
• Promotes Ottawa’s artists and celebrates Ottawa’s unique status as a vibrant city and a national capital;
• Is led, supported and developed by municipal employees who work with a network of internal and external collaborators; and
• Generates significant quality-of-life and economic benefits for the people of Ottawa, elevating the civic landscape by improving its built and natural environments.

The City of Ottawa Public Art Program aligns with the Renewed Action Plan for Arts, Heritage and Culture in Ottawa, 2013-2018, and is implemented through Section 2.5.1 of the City of Ottawa Official Plan and other related plans, and best practices of other municipalities in Canada.

2. Purpose

Incorporating the strengths of the past 30 years in Ottawa and building on recent North American best practices, the Public Art Program will be governed by and will operate under one cohesive municipal policy. This renewed Public Art Policy articulates the planning, funding, selection, care and maintenance of public art, to provide the best possible program for residents now and in the future. The goals of the Policy are to:

• Clearly define the Public Art Program’s scope and selection practices;
• Enhance and expand public engagement, outreach and interpretation;
• Ensure that municipal visual art assets in the City of Ottawa Art Collection are conserved and maintained, in keeping with professional standards;
• Clearly delineate the roles and responsibilities for municipal employees, members of City Council and external collaborators;
• Provide a  framework for a strategic, planned approach to ensure maximum impact and to extend opportunities into underserved urban, suburban and rural areas;
• Increase professional development opportunities for emerging, mid-career and established professional artists across Ottawa’s full diversity and encourage First Nations, Inuit, Métis, Francophone and new Canadian artists; 
• Align Public Art Commissions funding with Canadian municipal best practices; and
• Increase collaboration and partnership with the private sector, internal and external stakeholders, and underserved communities.

The Public Art Policy adheres to the following core values:

1. Responsible Stewardship: That the City of Ottawa Public Art Program use best practices to select, acquire, exhibit and conserve public art for current and future generations.
2. Openness and Transparency: That policy, governance, process, selection, exhibition and management practices are founded on openness, competitiveness and transparency. Peer assessed selection is a cornerstone of the program. Selection process results from peer assessments are only subject to appeal on the basis of:
   1. Demonstrated deviation from compliance with the criteria and processes defined in this policy; and/or
   2. Issues raised through the public consultation process for exhibitions outlined in Section 4.2 of this policy.
3. Engagement and Collaboration: That public art is the result of collaboration between artists, the public, municipal employees, public agencies, local stakeholders and the private sector.
4. Encourage Excellence: That the policy, process and practice for City of Ottawa Art Collection development and management, commissions and exhibitions adhere to recognized professional standards and promote excellence in artistic practice.
5. Planned Strategic Management Framework: That a successful Public Art Program is supported by solid planning and an integrated and strategic management framework

3. Policy Application

The Public Art Policy applies to Public Art Program employees and to all other municipal employees and departments that hold roles and responsibilities related to the Public Art Program.

3.1 Scope

The Public Art Program collects, commissions, presents and interprets artworks by professional visual artists. The Program is composed of two main areas of focus and function:

1. The City of Ottawa Art Collection, and
2. Exhibitions, Professional Development and  Public Education

Not included in the scope of the Policy are community galleries and display spaces; archaeological, archival and museum collections/exhibitions; the Ottawa Mural Program; signage by-laws; graffiti management; commemorations and monuments.

The scope of the Policy applies to the following Public Art Program activities: 

A) City of Ottawa Art Collection

Visual art, media art, fine craft and cross-disciplinary work with a visual art focus is acquired and accessioned into the City of Ottawa Art Collection through commission, purchase and donation.

The Art Collection, held in trust for residents, is an asset that requires professional stewardship, care, maintenance and conservation. The City of Ottawa Public Art Program follows standard collections management practices to protect the City of Ottawa Art Collection, and employs effective risk management through the provision of insurance coverage and regular appraisals of this municipal asset. Primary collections management functions include: acquisition, documentation, maintenance, conservation, interpretation and de-accessioning.

Public Art Commissions

Professional artists are commissioned to create original artworks that are funded from eligible municipal capital project budgets. Public Art Commissions enliven and add unique character to public gathering places and significant civic sites. Public art as creative place-making can also spark revitalization of and social engagement within a particular community or place. These artworks can vary in scale from art in a neighbourhood park to a major visual and iconic landmark contributing to the establishment of local distinctiveness.

Public Art Commissions are proactively integrated into the planning and implementation of municipal development and may be linked with strategic municipal objectives. Public Art Commissions may take the form of a standalone or architecturally integrated artwork, temporary or ephemeral artwork, digital artwork and other visual art forms. The Public Art Program recognizes that public art is a constantly evolving visual expression.

Purchase and Donation of Artwork

Each year, visual art of interest and importance to the City of Ottawa is acquired both through a purchase program that is funded through a municipal operating budget allocation, and by donation. Centred on the work of local, professional visual artists, purchased and donated artworks in this moveable collection are regularly circulated and displayed throughout 150 civic buildings.

Firestone Collection of Canadian Art

This significant collection of artwork by Canadian artists that spans the modern period (1900-1980), was donated by O.J. and Isobel Firestone to the Ontario Heritage Foundation in 1972. Ownership of this collection was transferred to the City of Ottawa in 1992. Works in the collection are cared for, managed and displayed by the Ottawa Art Gallery, through a legal agreement with the City of Ottawa.

B) Exhibitions, Professional Development and Public Education

Exhibitions, mentoring and internship, artist-in-residence programs, and outreach/public education increase access to visual art, provide development opportunities for artists and related sectors, and foster public engagement. 

Exhibitions

The City exhibits artwork in all media that are of interest and importance to the community, that foster a sense of who we are, and that reflect current artistic practice. These exhibitions are presented in the public domain allowing for an appreciation, understanding and interpretation of our past and present through the gallery program.

Public Art Program exhibitions focus on local emerging, mid-career and established professional artists working in visual arts, media arts, fine craft and cross-disciplinary work with a visual art focus. Exhibitions provide artists with opportunities to display new work, collaborate with their peers and mount retrospectives. Artists benefit from public exposure, a professionally produced exhibition and the opportunity for career development. Exhibitions take place at Karsh-Masson Gallery, City Hall Art Gallery and at other locations offering residents and visitors opportunities to experience an ever-changing and compelling variety of artistic expressions.

A public gallery is a forum for the exploration of diverse ideas. Artists in Canada of all faiths, backgrounds and cultures have the right to artistic expression as granted by the Canadian Charter of Rights and Freedoms. The City of Ottawa Public Art Program upholds the right of all residents to experience and express diverse visions and views in harmony with the City’s Equity and Diversity Policy.

Mentoring and Internship

Professional development for artists is an inherent aspect of all Public Art Program activities. In addition, formal mentorship opportunities are developed and implemented, whereby established artists pair with emerging artists to collaborate on specific commissions as appropriate. Post-secondary students in related disciplines will also be offered opportunities to participate in internship programs. Other mentoring and internship opportunities may be developed in the future.

Artist-in-Residence

Artist-in-residence programs are developed in partnership with municipal departments and interested external organizations and agencies. These collaborations are intended to provide mutual benefit to the artist and to the sponsoring residency provider.

Outreach and Public Education

Outreach and public education activities are designed to increase public understanding, awareness and engagement and to create a stronger presence for and knowledge of Public Art.

4. Policy Requirements

4.1 City of Ottawa Art Collection

The City collects and exhibits artworks to foster a sense of place and of who we are. The collection is comprised of artworks in all media that are of interest, of importance, and that engages the community. These artworks are presented in the public domain allowing for an appreciation, understanding and future interpretation of the City’s visual arts history.

Public Art Commissions

One percent of eligible municipal capital construction budgets of $2 million or more from the Growth, Strategic Initiatives and Renewal capital budget categories of the City of Ottawa and its Boards and Commissions, as well as one percent of eligible P3 projects, are designated for Public Art Commissions.  

The one percent applies to the individual project level of municipal construction budgets, and to the municipal contribution to construction projects funded by other agencies. Non-applicable municipal capital budgets include budget for - new equipment and lifecycle of equipment, studies, briefs and assessments related to a capital project, the soft cost components of eligible capital projects, environmental mitigation measures for an eligible project, unplanned repairs, repairs prolonging the life of an existing asset, land purchases and disposals.

This one percent portion of eligible capital funds will be transferred to a dedicated Public Art Fund specifically created and identified for Public Art projects following annual Council approval of the Capital Budget. This fund will be for the sole use of funding the Public Art projects under the delegated authority of the General Manager of Parks, Recreation and Cultural Services. The Public Art Fund covers all aspects of commissions including project management, artists’ fees, the execution, installation, interpretation, maintenance and conservation of Public Art projects.

The Public Art Fund will be allocated to projects in accordance with the following goals:

• To address Ottawa’s full geographic scope (urban, suburban and rural) and underserved areas in particular;
• To determine scale of commissions and select appropriate sites with a view to improve access and visibility of public art; and
• To develop a long term vision and location plan that aligns with the Official Plan, and other related plans.

An Interdepartmental Planning Group will work collaboratively with the Public Art Program and the Public Art Committee to achieve these goals. The General Manager, Parks, Recreation and Cultural Services, will approve the annual work plan for commissioned art.

Public Art Commissions are managed according to the following practices: 

• Public Art Commissions may be associated with the capital construction project site or where the funding source allows, may be associated with alternative sites that are more publicly accessible or that address underserved areas and strategic objectives;
• Projects such as recreation facilities, libraries and other large municipal buildings are ideal locations for public art commissions and priority will continue to link public art installations and budgets directly with these project sites;
• Where the funding source allows, projects for roadways, sidewalks, sewers, water mains, work yards, and similar infrastructure where public visibility and accessibility to public art is not inherent will see the public art commission budget pooled into a fund for allocation to more appropriate, visible and accessible locations;
• Public Art Commissions will reflect a thorough and sensitive understanding of place, context and setting and will vary in scope from neighbourhood based projects to temporary projects to larger iconic works;
• The Public Art Program will engage community stakeholders and consult the Ward Councillor on Public Art Commissions;
• Calls to artists will range in scope from local to national and international, depending on available resources, project scope and related criteria;
• Artists will be included on capital project design teams as early as possible, where applicable, to ensure successful integration of artwork;
• Commissions are selected through competitive, curatorial and/or invitational peer assessed processes that remain open and transparent and can include: Requests for Qualifications; Requests for Proposals; Requests for Expressions of Interest; and limited, invitational, or from a  prequalified roster;
• Peer assessed selection is recognized as a valid evaluation protocol within City of Ottawa purchasing practice and is the protocol of choice for the Public Art Program;
• Selection criteria for commissions are project based and advertised through a competition process;
• Where appropriate, artwork for designated capital projects may be purchased rather than commissioned, providing that the work meets site specific requirements and has been selected through peer assessment; and
• The City may partner with the private sector, agencies and institutions, e.g. the National Capital Commission, the National Gallery of Canada, or other municipalities, to augment the one percent allocation and/or to implement commissions, providing that the Public Art Policy is upheld.

Purchase and Donation of Artwork

The Public Art Program invites local, professional artists to submit artwork in all visual arts media for peer assessment and potential purchase and donation into the City of Ottawa Art Collection. Purchase and donation are governed according to the following practices: 

• Preference is given to local, professional artists who live, or have lived, in Ottawa or within 150 km from the centre of the City of Ottawa;
• Work by a non-local, professional artist may also be considered for acquisition if the artist or artwork has a connection to Ottawa that is clearly demonstrated in a proposal or donor submission;
• Work must adhere to established selection criteria for purchase and donation include artistic merit, regional importance and innovation, and conservation and maintenance requirements;
• Focused calls to artists related to a particular theme or period of time may be implemented in order to address strategic initiatives;
• The Public Art Program recognizes exhibition rights and non-commercial reproduction rights for promotional purposes; and
• Works are circulated and displayed in urban, suburban and rural municipal buildings and facilities and strive to ensure that artwork is fairly distributed across Ottawa’s full geographic scope, with particular attention paid to underserved areas. Accessible places of prominence and community gathering spots are considered to be prime display locations.

Collections Management

Standard professional collections management practice is implemented to manage the City of Ottawa Art Collection as a recognized municipal asset and to adhere to risk management procedures. Policy requirements include the following:

• Documentation of each artwork is maintained including provenance, legal title, photographic documentation, materials pertaining to accession, electronic records including database, accessioning and cataloguing data, information on the artist, location history and loan records, condition reports and conservation history;
• Copyright and moral rights of artworks remain the property of the artist or estate;
• Program staff apply professional standards to the physical management of the City of Ottawa Art Collection, including care and handling, maintenance, monitoring and conservation treatment as required;
• Artworks in the City of Ottawa Art Collection are eligible for external exhibition loans;
• The City of Ottawa Art Collection is appraised by an independent qualified appraiser at least once every five years. Funds will be allocated for ongoing conservation and maintenance of commissioned artwork. A percentage of the total annual Purchase operating allocation is reserved for preventative conservation;
• The City provides insurance for the City of Ottawa Art Collection and sound risk management practice;
• Any removal, relocation or de-accessioning of commissioned artwork is accomplished in consultation with the Public Art Program, artists and/or artists’ estates, the Public Art Committee, the General Manager of Parks, Recreation and Cultural Services and where warranted, City Council; and
• De-accessioning of purchased and donated works is conducted on a case-by-case basis. The Public Art Program monitors artworks to determine whether specific pieces should be recommended for de-accessioning, in consultation with the Public Art Committee (see Section 5.3) and/or an independent conservator. The determination is evaluated according to collections management practice and includes such considerations as the current condition, security, or cost of rehabilitation of the artwork.

4.2   Exhibitions, Professional Development and Public Education

Exhibitions

An annual open call invites professional artists, artist collectives and curators working in visual arts, media arts and fine craft to propose exhibitions. Proposals for exhibitions, to be presented in a one year cycle, are reviewed by peer assessment jury. The exhibition program, and jury assessment is governed according to the following parameters:

• Preference is given to local artists, artist collectives and curators who live, or have lived, in Ottawa or within 150 km from the centre of the City of Ottawa;
• Proposals for other touring and special exhibitions are eligible, providing there is no significant cost to the City;
• A roster of eligible candidates for peer assessment juries is selected annually through a collaborative review process involving the appointed members of the Public Art Committee;
• An open Call for Proposals to artists outlines requirements, which include a proposal statement accompanied by supporting images and a résumé; 
• Selection of proposals for exhibitions presented during one calendar year is made one year in advance by a peer assessment jury  and is based on artistic merit, regional importance, innovation, professionalism, cohesiveness and appropriateness to the public nature of the gallery space;
• The annual jury selections for exhibitions, including exhibit and artist details and schedule, is broadly communicated to the general public before finalization.  Members of the public are invited, within a 30 day period, to raise any concerns with one or more proposed exhibits and request that a reconsideration should a concern arise that the peer assessment jury’s deliberations and recommendations did not follow publicly announced assessment criteria and procedures;
• Public Art Program employees direct concerns received during the 30 day public consultation process period to the Public Art Committee to assess and determine policy compliance and the validity of a concern from the public.  The Committee reports its findings to the General Manager of Parks, Recreation and Culture for resolution;
• At any time, if there is a concern or inquiry about an exhibition, Public Art Program employees may refer the inquiry to the Public Art Committee for consideration and a final decision may be made by the City Manager in consultation with the City Solicitor, who will consider the details of the concern or inquiry about the artwork, the peer assessment, the Public Art Committee’s recommendations, and all other relevant information. 
• In the event of a determination that an exhibit proceeds, Public Art Program employees will work to create a dialogue with the public to address and mitigate potential areas of concern;
• Where no public concerns are received within the 30 day consultation period, proposed annual exhibit schedule will be finalized and implemented by staff;
• Other temporary and permanent sites may be identified for exhibition and installation in order to supplement exhibition programming at Karsh-Masson Gallery and City Hall Art Gallery, and/or to focus on new or underserved areas;
• Professional artists are paid Canadian Artists’ Representation/Le Front des artistes canadiens (CARFAC) fees when their work is exhibited; and
• Selected artworks from the City of Ottawa Art Collection are displayed in the City’s professional galleries as part of exhibition programming.

Mentoring and Internship

Mentoring and internship opportunities are developed and implemented for artists, post-secondary students and other interested parties, according to the following practices: 

• Public Art Program mentorship opportunities for artists will be advertised through open calls and selected through peer assessment;
• Students enrolled in post-secondary institutions may be eligible to participate in an unpaid, curriculum-based work placement;
• The Public Art Program provides guidance and an exhibition venue to local academic institutions, to assist in the completion of their thesis requirements, where appropriate; and
• The Public Art Program participates in opportunities arising from cultural exchanges, trade delegations and twin city relationships.

Artist-in-Residence

Artist residencies are sponsored by private partners, communities and/or institutions where there is demonstrated collaborative potential, an opportunity for cross-sectoral innovation, and/or where the residency has the potential to be mutually beneficial.

Outreach and Public Education

The City of Ottawa Public Art Program will provide adequate resources to ensure that interpretation, outreach and public education in both official languages is implemented. Other languages, such as Algonquin, may also be used as appropriate. The Public Art Program will use current technology and best practices to promote the Art Collection, local artists, and its exhibitions, activities and events. Outreach, education and social practice activities aimed at engaging and informing the public across Ottawa’s full geographic scope will be carried out with the appropriate resources.

5. Responsibilities

5.1 Public Art Program Employees, Cultural Services Branch

The City of Ottawa Public Art Program employees work with artists, municipal planners, capital project managers, community representatives and private and business sector representatives to plan and integrate art into public settings. The Public Art Program champions, guides and implements all aspects of the program. Public Art Program employees are responsible for acquisitions, collections management, commissioning, co-ordination of the selection process, presentation and interpretation of all artworks within the scope of this Policy. Public Art Program employees are also responsible for developing procedures relating to the City of Ottawa Art Collection and the Public Art Program, and for coordination of the Interdepartmental Planning Group and the Public Art Committee. The Arts and Heritage Development Unit, in consultation with Public Art Program employees and other internal/external stakeholders, is responsible for Public Art Policy development.

5.2 Public Art Interdepartmental Planning Group   

The Public Art Program will establish and implement an Interdepartmental Planning Group, which includes representatives from City Departments and Boards with responsibility or knowledge relating to the planning or implementation of Public Art Commissions.

This internal working group will:

• Represent departmental perspectives in developing criteria for site selection;
• Participate in location planning for commissioned public art; and
• Ensure early integration of commissioning in the planning process and open communication about commissioned artwork.

5.3 Public Art Committee

A Public Art Committee will advise municipal staff on all Public Art Policy directions: Commissions, Purchase, Exhibitions and Outreach. Experts from the community will be selected to serve as members of this Committee, thereby increasing community engagement.

The Public Art Committee is a Departmental Consultative Group attached to the Department of Parks, Recreation and Cultural Services (PRCS) and reporting to the General Manager, PRCS

The following applies for the selection and administration of the Public Art Committee:

• Experts will be invited to apply through an open call process and will be selected through peer assessment;
• Committee members will demonstrate professional expertise relating to public art and will reflect Ottawa’s official language groups, diversity and geographic scope;
• Committee members will participate with City staff in high level planning activities led by the City, review policy, and meet annually with the Interdepartmental Public Art Planning Group;
• Committee members will serve as a collaborative forum for feedback as new ideas are being developed;
• Committee members will provide high level input on public art initiatives and procedures as required by the Public Art Program, including but not limited to public art site planning, pilot projects, review of prequalified roster of selection committee candidates, recommendations for de-accessioning, and Policy compliance;
• Committee members will assist to foster community engagement and public support to enhance the value and impact of the Public Art Program;
• Committee members will review proposals for permanent public art on municipal land (not commissioned through the Public Art Program) for policy compliance and advise the General Manager, Parks, Recreation and Cultural Services; and
• Committee members will review complaints, and exhibition reconsideration request for policy compliance and makes recommendations for resolution to the General Manager, Parks, Recreation and Cultural Services.

5.4 Public Art Development by the Private Sector

On City Lands

Private agencies who commission public art on City lands must comply with the following directions:

• Permanent Public Art Commissions on City of Ottawa land not commissioned through the Public Art Program must adhere to the City of Ottawa Public Art Policy, including the requirement to commission professional visual artists and to include them in the selection process; and
• These proposals for public art on City-owned land will be reviewed by the Public Art Committee for policy compliance prior to the granting of development approvals.

On Private Lands

The City actively encourages the private sector to include public art in development projects as an option to elevate and improve the civic landscape. The City will:

• Work to establish Public Art Commissioning Guidelines (including development of project specifications, selection process, installation) for public art projects on private property in consultation with representatives from the private sector; and
• Actively provide the private sector and Business Improvement Associations with the Public Art Commissioning Guidelines, and will attach them to the City of Ottawa Development and Review application stage. Public Art Program employees may provide the private sector with consultative services related to public art project specification, selection process and installation, for a fee and according to a developed fee schedule.

Section 37 of the Ontario Planning Act permits the City of Ottawa to authorize increases in the permitted height and/or density of buildings through zoning by-laws in return for specific community benefits. These increases in height and/or density act as incentives for developers to provide these benefits at no cost to the City. Public art is included in the listing of community benefits. Where Section 37 funds are used for Public Art, the Public Art Policy must be adhered to.

5.5 City of Ottawa Urban Design Review Panel

Ottawa’s Urban Design Review Panel is an independent advisory panel of volunteer design professionals who provide an objective peer review of both public and private sector development projects throughout the City’s Design Priority Areas. Established in 2010, this Panel is intended to enhance the City’s capabilities in achieving architectural and urban design excellence. The City of Ottawa Design Objectives include public art (Design Objective 1.3, Create Unique Communities). To increase adherence to the City’s Urban Design Objectives, the Public Art Program will:

• work with municipal Urban Design employees to further connect public art with design objectives; and
• where appropriate, one professional visual artist will be added to the Urban Design Review Panel for technical advice

6. Monitoring Conventions

Cultural Services and the Public Art Program and the Public Art Committee will collaborate to monitor Public Art Policy implementation to determine if:

• The assumptions underpinning the Policy continue to be valid;
• Policy priorities remain constant;
• The Policy is being carried out; and
• The Policy is having the desired outcome.

The Public Art Program may bring forward amendments to this Policy when required. A complete review of the Policy will occur once every ten years.

7. References

In 1985, the City of Ottawa developed one of the first visual art policies in Canada. The City of Nepean approved a Public Art Policy in 1989, followed by Kanata (1997) and the City of Gloucester (1998). The Regional Municipality of Ottawa-Carleton approved an Art in Public Spaces Policy in 1990.

During development of the renewed City of Ottawa Public Art Policy (2015), reference was made to:

1. Public Art policies from pre-amalgamation municipalities and the Regional Municipality; and
2. Current Public Art policies in other North American cities, including Calgary, Chicago, Edmonton, Moncton, Montreal, Richmond Hill, Surrey, Toronto, Kingston, and Vancouver.

8. Legislative and Administrative Authorities

Accessibility for Ontarians with Disabilities Act (AODA)

Bilingualism Policy, City of Ottawa

Canadian Charter of Rights and Freedoms, Constitution Act, 1982

Canadian Artists’ Representation/Le Front des artistes canadiens (CARFAC)

Code of Conduct for Members of Council, City of Ottawa

Comprehensive Asset Management Policy, City of Ottawa, 2012

Copyright Act (R.S.C., 1985, c.C-42), Government of Canada

Cultural Property Export and Import Act, (R.S.C.1985. c.C_51), Government of Canada

Departmental Consultative Groups Framework, City of Ottawa

Employee Code of Conduct, City of Ottawa

Equity and Diversity Policy, City of Ottawa

Municipal Freedom of Information and Protection of Privacy Act

Official Plan, City of Ottawa

Ontario Heritage Act, R.S.O.1990, c.0.18

Ontario Human Rights Code

Planning Act, RSO 1990, Province of Ontario

Renewed Action Plan for Arts, Heritage and Culture in Ottawa (2013-2018), City of Ottawa

Status of the Artist Act, CSC 1992, Government of Canada

Tangible Capital Asset Policy, City of Ottawa

Urban Design: A Reference Guide to Creating Great Places and Great Spaces, City of Ottawa

9. Definitions

Accessible: Used in this policy as a term to describe ease of interaction for the public with an artwork

Accession :The act of recording and processing an acquisition to the permanent collection

Acquisition: Obtaining art through commission, purchase, donation, gift or bequest

Artist, Professional:  A visual artist who has completed specialized training in his or her artistic field or is recognized by his/her peers as such; is committed to his/her artistic activity; and has a history of public presentation

• Emerging artist: A visual artist in the early years of a professional career who may have had previous professional exhibitions, commissions, presentations or installations
• Mid-career artist: A visual artist who has received basic training in his/her artistic field, has practiced his/her art for four to seven full years and has created at least two presentations, exhibitions or installations in a professional context
• Established artist: A visual artist who has an extensive body of work, a history of national and/or international presentation and who has achieved wide recognition
• Local artist: A visual artist who lives, or has lived, in Ottawa, or within 150 km. from the centre of the City of Ottawa

Best Practice: A method or technique that has consistently shown results superior to those achieved with other means, and that is used as a benchmark. In addition, a best practice can evolve to become better as improvements are discovered.  Applying best practice combines the ability to balance the unique qualities of an organization with the practices that it has in common with others.

Creative Place-making: A practice that intentionally leverages the power of the arts, culture and creativity to serve a community’s interest while driving a broader agenda for change, growth and transformation in a way that also builds character and quality of place.

Copyright: Grants the author of an artwork the sole right to reproduce, distribute, display, and alter their artworks. It expires 50 years after the artist’s death. It may be assigned or licensed to another individual or institution and/or it may be assigned exclusively or jointly. Copyright also extends to the use of images of an artwork for promotional or educational purposes.

• Moral Rights include the right to the integrity of the artwork in regard to associations or modifications. They include the right to be associated with the artwork as its author by name, pseudonym or the right to remain anonymous. Moral Rights are non-transferable and endure even after copyright has been assigned. The rights may be waived by the artist agreeing to not exercise them in whole or in part. Examples of violation of Moral Rights may include:
  • An act or omission performed on the artwork that affects the honour or reputation of the artist; and
  • Changing the colour of the artwork or adorning it with additional elements

Taking steps to restore or preserve the artwork would not be included as long as this work is performed in good faith. Also, changing the location of the work does not generally constitute a violation, but in the case of works of public art, the exact siting may be considered part of the work.

De-accession: (1) An object that has been removed permanently from a collection; (2) Formal removal of accessioned objects from a permanent collection. The act of physically removing object(s) from a collection.

Interpretation: A term used in art galleries and museums to describe educational, explanatory or didactic material or activities

Mentorship: An opportunity for an emerging artist to work with an established artist on a project relevant to his/her area of work and interest

Peer Assessment: All commissioned, purchased and donated artwork, and exhibitions are selected through peer assessment in accordance with the criteria described in this policy. The makeup of peer assessment juries vary according to requirements. Membership includes emerging, mid-career and established professional artists, and may also include external art administrators, art academics, as well as related experts and community stakeholders. Peer diversity is considered, with attention paid to the inclusion of First Nations, Inuit, Métis, Francophone and new Canadian artists. A roster of pre-qualified candidates for peer assessment juries is reviewed annually by the appointed members of the Public Art Committee.

Professionally-Produced Exhibition: Includes catalogue and invitation design and printing, technical assistance, promotions, and opening reception event planning

Public Art: A visual artwork in any media created by an artist(s) that has been planned and executed with the specific intention of being sited or staged in public space, and is acquired in compliance with the City of Ottawa’s Public Art Policy

• Integrated public art forms a physical part of a building, structure or landscape. If the site were to be redeveloped, the art would be as well.
• Stand-alone (non-integrated) public art is not a physical part of a building, structure or landscape
• Temporary public art is an original work by an artist(s) that is created for a specific occasion, time frame or event and which is situated at a particular site on a temporary basis. The art may cover a range of forms including, but not limited to, visual art, digital art, sound art, and performance-based work.
• Site-specific art, whether long-term or temporary, functional or aesthetic, stand-alone or integrated and in any media, is an original work that is created in response to the immediate context

Sign: Any visual medium used to convey information by way of words, pictures, graphics, emblems or symbols, or any device used for the purpose of providing direction, information, identification, advertisement business promotion or the promotion of a product, activity, service or idea [Permanent Signs on Private Property, City of Ottawa By-law No.2005-439]

Urban Design: The process of applying desired functional and aesthetic parameters to the design of the city and its parts