HomeMy WebLinkAboutCD-16-95 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File# Z_I 1 •��
Date: Res. # C-,tin- �g
APRIL 18, 1995 By Law
Report#: CD-16i-95 File#:
Subject: BILL 163 - LOCAL GOVERNMENT DISCLOSURE OF INTEREST ACT, 1994
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report CD-16-95 be received; and
2 . THAT the Clerk' s office request all individuals wishing to
inspect the register of disclosures maintained under
Section 15 of the Local Government Disclosure of Interest
Act, 1994 to submit their names prior to inspection of same.
REPORT AND BACKGROUND:
With the passage of Bill 163, the Municipal Conflict of Interest
Act, 1983 was repealed and replaced with the Local Government
Disclosure of Interest Act, 1994 . This new legislation becomes
effective April 15, 1995 . A copy of the legislation is attached
as Schedule A. This report is prepared to advise members of
council of the requirements of the new legislation.
1 . Duty of Member
Section 4 of the Act states that if a member has a pecuniary
interest in any matter being considered at a meeting, the
member shall (underscore has been added to indicate new
requirements) :
6
PAPER =���AE
THIS G IRIM DO RE-LEO GAPER
Report CD-16-95 - 2 - April 18, 1995
(a) orally disclose the interest and its general nature
before any consideration of the matter;
(b) not, at any time, take part in the discussion of, or
vote on, any question in respect of the matter;
(c) not, at any time, attempt to influence the voting on
any such matter or influence employees of or persons
interested in a contract with the council or board in
respect of the matter;
(d) immediately leave the meeting and remain absent at any
time during consideration of the matter; and
(e) as soon as possible, complete and file with the clerk
of the municipality or secretary of the board a written
disclosure, in the prescribed form, setting out the
interest and its general nature.
The duties of the member differ from the previous
legislation in that the member must now leave the meeting
room during consideration of the matter and the disclosure
must be filed with the clerk in writing. The written
disclosure must be filed on the prescribed form, i.e. ,
prescribed by regulation. As of the writing of this report,
the regulations have not been published. As soon as they
are available, copies will be provided to each member.
If a member is absent from a meeting (or part of a meeting)
in which he or she has a pecuniary interest, he or she must
disclose the interest at the next meeting of the council or
committee at which he or she is present. Also, a written
disclosure must be filed in the manner described above.
6F) 3
Report CD-16-95 - 3 - April 18, 1995
2 . Gifts
Section 5 of the legislation specifies that a member shall
not accept, either directly or through another person, a
fee, gift or personal benefit except compensation authorized
by law that is connected with the performance of his or her
duties of office. The exceptions to this are gifts or
personal benefits received as an incident of the protocol or
social obligations that normally accompany the
responsibilities of office and contributions authorized
under the Municipal Elections Act .
A disclosure statement must be filed with the clerk of the
municipality or the secretary of the board as soon as
possible after receiving a gift or personal benefit
described above if the value of the gift or benefit exceeds
the lower of the amount prescribed by regulation or provided
by by-law or resolution or if the total value received from
one source in one calendar year exceeds the lower of the
amount prescribed or provided by by-law or resolution. The
amount referred to will be set by regulation, once
published, or the Act provides that a municipality may, by
by-law or resolution, provide for the maximum amount of a
single gift or benefit and of the combined value of gifts
and benefits . The disclosure statement must state the
nature of the gift or benefit, its source and the
circumstances under which it was given or accepted.
3 . Financial Disclosure Requirement
In accordance with Section 6 of the Act, it is now necessary
for each member of a council, school board, public utility
commission and police village to file with the clerk of the
municipality or the secretary of the board a financial
Report CD-16-95 - 4 - April 18, 1995
disclosure statement in the prescribed form. This form will
be prescribed in the regulations, however, a draft copy is
attached hereto as Schedule B. A supplementary financial
disclosure statement must be filed during the month of
December of every calendar year except in an election year.
The member may, with the consent of the commissioner, omit
or delete information from the statement if disclosure would
reveal a source of income for the member or the member' s
spouse or child from services that are customarily provided
on a confidential basis or the possibility of serious harm
to a person or business justifies a departure from the
general principle of public disclosure.
4 . Appointment of Commissioner
The Act allows for the Minister to appoint a commissioner to
exercise the powers and duties set out in the Act . The
commissioner has not yet been hired, however, it is the
understanding of the writer that the hiring is to be
completed in the immediate future.
Previously, if an individual believed a member may have
contravened the Act, he or she had to apply to a judge for a
determination of the question. Under the new legislation,
an individual need only apply in writing to the commissioner
for an investigation to be carried out of an alleged
contravention. Such application may only be made within 90
days after the individual became aware of the alleged
contravention. Within 180 days of receiving the
application, the commissioner must complete the
investigation upon which time he or she will :
6 (" 5
Report CD-16-95 - 5 - April 18, 1995
(a) if considered appropriate, apply to the Ontario Court
(General Division) for a determination as to whether
the member has contravened Sections 4, 5 or 6 of the
Act; or
(b) advise the applicant that the commissioner will not be
making an application to the court .
If the court determines that a member or a former member
while he or she was a member has contravened the Act, the
court :
(a) shall suspend the member without pay and benefits for a
period of not more than 90 days;
(b) may, in the case of a member, declare the seat of the
member vacant;
(c) may disqualify the member or former member from being a
member for a period of not more than seven years; and
(d) may, where the contravention has resulted in personal
financial gain, require the member or former member to
make restitution to the party suffering the loss, or
where such party is not readily ascertainable, to the
municipality or board of which he or she is a member or
former member.
It should be noted that the Municipal Conflict of Interest
Act, 1983 , provided that where the judge determined that a
member contravened the Act through inadvertence or by reason
6 1
Report CD-16-96 - 6 - April 18, 1995
of a bona fide error in judgement, the member was not
subject to having his seat declared vacant and was not
subject to being disqualified as a member. This provision
does not exist in the new legislation.
5 . Ouoru m
The legislation provides that, if the number of members who
are disabled from participating in a meeting, by reason of
this Act, is such that there is no quorum, any number which
is not less than one-third of the total number of members
shall be deemed to constitute a quorum, provided the number
is not less than two. In the case of the Municipality of
Clarington, one-third of the council is three members .
If the number remaining is less than one-third of the total
members or less than two, the council or board may apply to
the commissioner for an order authorizing the council to
give consideration to, discuss and vote on the matter.
6 . Register
Section 15 of the Act requires the clerk of a municipality
and the secretary of a board to maintain a register of
disclosures for the members of the council or board, which
will contain:
(a) the written disclosure of pecuniary interests;
(b) the disclosure statements and supplementary disclosure
statements of financial information; and
(c) disclosure statements of gifts or personal benefits .
6 7
Report CD-16-95 - 7 - April 18, 1995
This register is a public document and may be inspected by
any person upon request at the office of the clerk or the
secretary during normal office hours.
It is recommended that a policy be put in place requesting
all individuals wishing to inspect the register of
disclosures to submit their names prior to inspection of
same.
7. Insurance
Section 18 of the Act provides that the council of every
municipality may pass by-laws for:
(a) contracting for insurance;
(b) to enable the municipality to act as an insurer; and
(c) for exchanging with other municipalities in Ontario
reciprocal contracts of indemnity or inter-insurance in
accordance with Part XIII of the Insurance Act,
to protect a member who has been found not to have
contravened Sections 4, 5 or 6 against any costs or expenses
incurred by the member as a result of a proceeding brought
under this Act and for paying on behalf of or reimbursing
the member for the costs or expenses. Attached as
Schedule C is a copy of information received from Frank
Cowan Company Limited pertaining to this matter.
Report CD-16-95 - 8 - April 18, 1995
Conclusion
The Local Government Disclosure of Interest Act 1995 becomes
effective April 15, 1995 . The regulations which will prescribe
the duties of the commissioner, procedures for applications to
the commissioner, the forms required to be completed, the boards,
agencies, corporations or other entities or classes of them to
which the Act applies, and the retention period for the documents
contained in the register, have not yet been published. The
hiring of the commissioner has not been completed. Once these
matters are addressed, council will be advised.
Respectfully submitted Reviewed by
ff
,t
l
Patti Barri A.M.C.T W.H. Stockwell
Cl r� Chief Administrative Officer
Enc
6 �5
SCHEDULE A TO
` REPORT CD-16-95
LOCAL GOVERNMENT DISCLOSURE OF INTEREST ACT, 1994
Purpose 1. The purpose of this Act is to preserve the integrity and accountability of local
government decision-making.
Definitions 2. (1) In this Act,
"board"means,
(a) a local board as defined in the Municipal Affairs Act.
(b) boards, agencies,corporations or other entities or classes of them
established in relation to local, municipal or school purposes as
may be prescribed in the regulations; ("commission")
"child"means a child under 18 years of age born within or outside
marriage and includes an adopted child and a person whom a parent has
demonstrated a settled intention to treat as a child of his or her family;
("enfant")
"commissioner"means the commissioner appointed under this Act;
("commissaire")
"committee"means any advisory or other committee or subcommittee
composed of members of one or more boards or councils; ("comite")
"council" means the council of a municipality other than an improvement
district and the board of trustees of an improvement district;("conseil")
"meeting"includes any regular,special,committee or other meeting of a
council or board; ("reunion")
"member"means a member of a council or of a board; ("membre")
"Minister"means the Minister of Municipal Affairs; ("ministre'
"municipality"means a local municipality,county,improvement district,
metropolitan, regional or district municipality and the County of Oxford;
("municipalite")
"pecuniary interest'includes a direct or indirect pecuniary interest of a
member and a pecuniary interest deemed to be that of a member;
("interet p6cuniaire")
"prescribed"means prescribed by regulations made under this Act;
("prescrit")
"senior officer"means the chair or any vice-chair of the board of directors,
the president,any vice-president,the secretary,the treasurer or the
general manager of a corporation or any other person who performs
functions for the corporation similar to those normally performed by a
person occupying any such office;("dirigeant")
1
jn.
�f
"spouse"means a spouse as defined in Part III of the Family Law Act.
("conjoint")
Non-application (2) This Act does not apply to a committee of management of a recreation
centre appointed by a school board,to a local roads board or to a local
services board-
Pecuniary interest (3) For the purposes of this Act,a member shall be deemed to have
pecuniary interest in a matter in which a council or board is concerned, if,
(a) the member or his or her nominee,
(i) is a shareholder,in,or a director or senior officer of,a
corporation that does not offer its securities to the public,
(ii) has a controlling interest in,or is a director or senior
officer of, a corporation that offers its securities to the
public,
(iii) is a partner or agent of a person, .
(iv) is a member of a body,
that has a pecuniary interest in the matter,
(b) the member or the member's spouse or child is a employee of a
person or body and the member knows that the person or body
has a pecuniary interest in the matter;
(c) the member knows that the member's spouse or child has a direct .
or indirect pecuniary interest in the matter;or
(d) the member knows that the member's spouse or child,
n is a shareholder in,or a director or senior officer of,a
corporation that does not offer its securities to the public,
(ii) has a controlling interest in,or is a director or senior
officer of,a corporation that offers its securities to the
public,
(iii) is a partner or agent of a person,
('iv) is a member of a body,
that has a pecuniary interest in the matter.
Definition (4) In subsection (3),"controlling interest"means the interest that a person
has in a corporation when the person beneficially owns,directly or
indirectly, or exercises control or direction over, equity shares of the
corporation carrying more than 10 per cent of the voting rights attached to
all equity shares of the corporation for the time being outstanding.
2
6 �
Exceptions 3. Section 4 does not apply to a pecuniary interest in any matter that a member may
have,
(a) as a user of any public utility service supplied to the member by
the municipality or board under similar conditions as other users;
(b) as a recipient of any service or commodity or any subsidy,loan or
other benefit offered by the municipality or board on terms
common to other persons;
(c) as a purchaser or owner of a debenture of the municipality or
board;
(d) as a depositor with the municipality or board,if the whole or part of
the deposit is or may be returnable to the member in like manner
as a deposit is or may be returnable to other persons under
similar conditions;
(e) in any property affected by a work under the Drainage Act or
under the Local Improvement Act;
(f) in farm land that is exempt from taxation for certain expenditures
under the Assessment Act;
(g) as a director or senior officer of a corporation incorporated by the
municipality or to carry on business on behalf of the municipality
or board or as a person nominated by the council as a director or
officer of a corporation;
(h) as a member or officer holder of a council,board or other body
when it is required by law or by virtue of office or results from an
appointment by a council or board;
(i) as a recipient of an allowance for attendance at meetings, or any
other allowance,honorarium, remuneration,salary or benefit to
which the member may be entitled as a member,
(j) in common with persons generally within the area of jurisdiction
or,if the matter under consideration affects only part of the area,
in common with persons within that part;
(k) as a member or volunteer for a charitable organization or a not-
for-profit organization with objects substantially similar to those
provided by section 118 of the Corporations Act if the member
receives no remuneration or other financial benefit from the
organization and the pecuniary interest is in common with other
persons in the organization;
(1) as a recipient of remuneration,consideration or an honorarium
under section 256 of the Municipal Act or as a volunteer
firefighter;
(m) that is so remote or insignificant in its nature that it cannot
3
61 ?
r
reasonably be regarded as likely to influence the member.
Duty of 4. (1) If a member has a pecuniary interest in any matter and is or will be
member present at a meeting at any time at which the matter is the subject of
consideration,the member
(a) shall,before any consideration of the matter at the meeting,orally
disclose the interest and its general nature;
(b) shall not,at any time,take part in the discussion of, or vote on,
any question in respect of the matter;
(c) shall not,at any time, attempt,either on his or her own behalf or
while acting for,by or through another person,to influence the
voting on any such matter or influence employees of or persons
interested in a contract with the council-or boara in respect of the
matter;
(d) shall immediately leave the meeting and remain absent from it at
any time during consideration of the matter;and
(e) shall, as soon as possible,complete and file with the clerk of the
municipality or secretary of the board a written disclosure, in the
prescribed form,setting out the interest and its general nature.
When absent (2) If a member is absent from all or part of a meeting in which he or she has
from meeting a pecuniary interest in a matter being considered, other than an absence
due to compliance with clause(1)(d),clause(1)(c) applies to that member
and he or she shall,
(a) disclose the interest in the manner described in clause(1)(a) at
the next meeting of the council or board that the member attends;
(b) in the case of a committee meeting,disclose the interest in the
manner described in clause(1)(a) at the next meeting of the
committee that the member attends;and
(c) file a written disclosure in the manner described in clause(1)(e)
as soon as possible after the next meeting that the member
attends.
Limitation (3) A disclosure under this section is not required to disclose that the member
has a spouse or child or the name of the member's spouse or child.
Interest of (4) Where a disclosure omits reference to a member's spouse or child,the
member interest shall be stated as being that of the member.
Fling (5) If a member of a committee is required to file a written disclosure under
this section,the member shall file it in the manner described in clause
(1)(e)with the clerk of the council or secretary of the board that appointed
the member.
Gifts 5. (1) A member shall not, either directly or through another person accept a
4
613/
fee,gift or personal benefit except compensation authorized by law that is
connected with the performance of his or her duties of office.
Exception (2) Subsection (1)does not apply to,
(a) a gift or personal benefit that is received as an incident of the
protocol or social obligations that normally accompany the
responsibilities of office;or
(b) a contribution that is authorized under the Municipal Elections Act
made to a member who is a registered candidate under that Act.
Disclosure (3) A member shall complete and file a disclosure statement with the clerk of
the municipality or secretary of the board as soon as possible after
receiving a gift or personal benefit described under clause(2)(a) if,
(a) the value of the gift or benefit exceeds the lower of the amount
prescribed or provided by by-law or resolution;or
(b) the total value received directly or indirectly from one source in
one calendar year exceeds the lower of the amount prescribed or -
provided by by-law or resolution.
contents (4) A disclosure statement filed under subsection (3)shall state the nature of
the gift or benefit,its source and the circumstances under which it was
given or accepted.
Financial 6. (1) This section applies only to members of,
disclosure
requirement (a) a council;
(b) a school board as defined in section 210.1 of the Municipal Act;
(c) a public utility commission;and
(d) a police village.
Fling form (2) Every member shall,within 60 days of being elected or appointed,file with
the clerk of the municipality or the secretary of the board a financial
disclosure statement in the prescribed form.
Omissions (3) The member may with the consent of the commissioner omit or delete
from the financial disclosure statement information if,
(a) disclosure would reveal a source of income for the member or the
member's spouse or child from services that are customarily
provided on a confidential basis;or
(b) the possibility of serious harm to a person or business justifies a
departure from the general principle of public disclosure.
Changes (4) The member shall file a supplementary financial disclosure statement
during the month of December of every calendar year except an election
year.
5
61
Limitation (5) A financial disclosure statement under this section is not required to
disclose that the member has a spouse or child or the name of the
member's spouse or child_
Interest of (6) Where a financial disclosure statement omits reference to a member's
member spouse or child,the financial information shall be stated as being that of
the member.
commis- 7. (1) The Minister may appoint a commissioner to exercise the powers and
sioner perform the duties set out in this Act.
Assistant (2) The commissioner may appoint one or more assistant commissioners
Commissioner who may exercise such powers and duties of the commissioner as the
commissioner delegates to them.
Restriction (3) The commissioner and any assistant commissioner shall not be a
member of the Legislative Assembly, a council or a board.
Guidelines (4) The commissioner may provide such guidelines for the proper
administration of this Act as he or she considers necessary for the
guidance of members,boards and municipalities.
Applications 8. (1) Any person may apply in writing to the commissioner for an investigation to
be carried out of an alleged contravention by a member of section 4,5 or
6.
Timing (2) An application may only be made within 90 days after the person became
aware of the alleged contravention.
Fees (3) The commissioner may establish fees in respect of applications under
subsection (1) and may waive any fee in cases of hardship.
Contents (4) An application shall set out the reasons for believing that the member has
contravened section 4,5 or 6 and include a statutory declaration attesting
to the fact that the person became aware of the contravention not more
than 90 days before the date of the application.
Investigation (5) The commissioner,upon receiving an application, may conduct such
investigation as he or she considers necessary.
same (6) For the purpose of conducting an investigation,the commissioner,
(a) has the right of access,at all reasonable hours,to all relevant
books,papers or documents of the member or applicant and of a
municipality or board;and
(b) has the powers of a commission under Part II of the Public
Inquiries Act which Part applies to the investigation as if it were an
inquiry under that Act.
Timing (7) The commissioner shall complete the investigation within 180 days of
receiving the completed application.
completion (8) Upon completion of the investigation,the commissioner,
6
615
.t
(a) shall,if he or she considers it appropriate,apply to the Ontario
Court(General Division)for a determination as to whether the
member has contravened section 4,5 or 6;or
(b) shall advise the applicant that the commissioner will not be
making an application to the court.
Court (9) The question of whether or not a member has contravened section 4,5 or
determination 6 may be tried and determined by the Ontario Court(General Division)_
Application (10) Any person may apply to the court for a determination under subsection
(9).
Requirement (11) No application may be made to the court unless the application includes a
statutory declaration attesting to the fact that the person became aware of
the contravention not more than 90 days before the date of the application
to the commissioner under subsection (4).
Restriction (12) Despite subsection(10),no person other than the commissioner shall
make an application to the court unless the person has submitted an
application to the commissioner under subsection (1) and,
(a) the commissioner has notified the applicant that he or she will not
be carrying out an investigation;
(b) the commissioner has failed to complete the investigation within
180 days of receiving the application;or
(c) the commissioner has notified the applicant that the commissioner
will not be making an application to the court under clause(8)(b).
lsnitation (13) No application shall be brought to the court under this section after the
expiration of two years from the date on which the contravention is alleged
to have occurred.
Power of 9. (1) If the court determines that a member or a former member while he or
court she was a member has contravened section 4,5 or 6,the court,
(a) shall suspend the member without pay and benefits for a period of .
not more than 90 days;
(b) may,in the case of a member,declare the seat of the member
vacant;
(c) may disqualify the member or former member from being a
member for a period of not more than seven years;and
(d) may,where the contravention has resulted in personal financial
gain, require the member or former member to make restitution to
the party suffering the loss, or,where such party is not readily
ascertainable,to the municipality or board of which he or she is a
member or former member.
Restrictions (2) A member suspended from a council or board under subsection (1) shall
7
not during the period of the suspension,
(a) participate in any meeting of the council or board as a member or
otherwise;
(b) participate in any meeting of any body,
W to which the member has been appointed by the council
or board, or
(ii) on which the member is required by law to sit by virtue of
the member's office on the council or board;
(c) participate in any meeting of any other council or board that
appointed or approved the appointment of the member to the
council or board;or
(d) in the case of suspension from a council, participate in any
meeting of any other council of which the member is also a
member.
No vacancy (3) Clause 38(c)of the Municipal Act and section 229 of the Education Act do
not apply to the seat of a member if the member is absent due to a
suspension under clause 9(1)(a).
Appeal to 10. (1) An appeal lies to the Divisional Court from a determination made under
Divisional section 9 as to whether a contravention has occurred or not
court
Judgement or (2) The Divisional Court may give any judgement that ought to have been
newtrial pronounced,in which case its decision is final,or the Divisional Court may
grant a new trial for the purpose of taking evidence or additional evidence
and may remit the case to the Ontario Court(General Division)and,
subject to any directions of the Divisional Court,the case shall be
proceeded with as if there had been no appeal.
Further appeal (3) If the case is remitted to the Ontario Court(General Division) under
subsection(2),the appeal lies from the order of the court to the Divisional
Court in accordance with this section.
Proceedings 11. The failure of any member to comply with section 4 does not of itself invalidate
not kwali- any proceedings in respect of any matter but the proceedings are voidable at the
dated instance of the municipality or of the board, as the case may be,before the
expiration of two years from the date of the passing of the by-law or resolution
authorizing the matter unless to make void the proceedings would adversely affect
the rights of any person acquired under or by virtue of the proceedings who acted
in good faith and without actual notice of the failure to comply with section 4.
Other pro- 12. The following proceedings in respect of disclosure of interest shall be taken only
cedures under this Act:
pied
1. To suspend a member without pay or benefits.
2. To declare a seat vacant-
8
617
3. To disqualify a member or former member.
4. To require a member or former member to make restitution where a
contravention has resulted in personal gain.
Quorum 13. (1) If the number of members who, by reason of this Act, are disabled from
participating in a meeting is such that there is no quorum,despite any
other Act, any number that is not less than one-third of the total number of
members of the council or board shall be deemed to constitute a quorum;
but the number shall not be less that two unless an order is made under
subsection (3)authorizing it.
same (2) When the remaining number of members under subsection (1) is two,the
concurrent votes of both are necessary to carry any resolution, by-law or
other measure.
order (3) If the remaining number of members who are not disabled from
participating in the meeting is less than one-third of the total number of
members or less than two,as the case may be,the council or board may
apply to the commissioner without notice for an order authorizing the
council or board to give consideration to,discuss and vote on the matter
out of which the pecuniary interests arise.
oedarafion (4) the commissioner may declare that section 4 does not apply to a matter
that is the subject of consideration by a council or board if,
(a) the council or board applies to the commissioner under
subsection (3);and
(b) the council or board submits a copy of the written disclosure
statements of the members who are disabled from participating.
conditions (5) As part of a declaration given under subsection(4), the commissioner may
require the council or board to comply with any conditions the
commissioner considers appropriate.
Effect (6) If a declaration is made,section 4 does not apply and the council or board
may give consideration to the matter in the same manner as though none
of the members had a pecuniary interest in it,subject to any conditions the
commissioner sets out in the declaration.
Minutes 14. Every oral declaration made under section 4 shall be recorded in the minutes of
the meeting by the clerk of the municipality or secretary of the committee or board,
as the case may be.
Resister 15. (1) The clerk of a municipality and the secretary of a board shall maintain a
register of disclosures for the members of the council or board,
respectively.
contents (2) The register shall contain,
(a) the written disclosure of pecuniary interests under section 4;
(b) disclosure statements and supplementary disclosure statements
of financial information under section 6;and
9
6
(c) disclosure statements of gifts or personal benefits under section
5.
Inspection (3) All documents in the register are public documents and may be inspected
by any person upon request at the office of the clerk or the secretary
during normal office hours.
copies (4) Any person may make extracts from the documents and is entitled to
copies of them upon payment of such fees as may be charged by the
municipality or board for the preparation of copies of other documents.
Retention of (5) Despite section 116 of the Municipal Act, a municipality or local board
records shall not destroy the documents in the register until after the prescribed
period.
Prohbition 16. A member or former member shall not use or disclose information that is
re information gained in the execution of his or her office and is not available to the general-public
to further or seek to further his or her pecuniary interest or the pecuniary interests
of any other person.
Offence 17. Every person who contravenes section 16 is guilty of an offence.
Insurance 18. (1) Despite section 252 of the Municipal Act,the council of every municipality
may pass by-laws,
(a) for contracting for insurance;
(b) despite the Insurance Act,to enable the municipality to act as a
insurer;and
(c) for exchanging with other municipalities in Ontario reciprocal
contracts of indemnity or inter-insurance in accordance with Part
XIII of the Insurance Act,
to protect a member who has been found not to have contravened section
4,5 or 6,against any costs or expenses incurred by the member as a
result of a proceeding brought under this Act,and for paying on behalf of
or reimbursing the member for the costs or expenses.
Insurance Act (2) The Insurance Act does not apply to a municipality acting as an insurer for
does no t apply[ the purposes of subsection(1).
Surplus funds (3) Despite subsections 387(1) and(2) of the Insurance Act,any surplus
funds and the reserve fund of a municipal reciprocal exchange may be
invested only in such securities as a municipality may invest in under
subsection 163(2) of the Municipal Act.
Reserve (4) The money raised for a reserve fund of a municipal reciprocal exchange
funds may be spent or pledged for, or applied to, a purpose other than that for
which the fund was established if two-thirds of the municipalities that are
members of the exchange together with two-thirds of the municipalities
that previously were members of the exchange and that may be subject to
claims arising while they were members of the exchange agree in writing
and if section 386 of the Insurance Act is complied with.
10
6 1 9.
t
Boards (5) A board has the same powers to provide insurance for or to make
payments to or on behalf of its members as are conferred on a
municipality under this section in respect of its members.
Former (6) A by-law or resolution passed under this section may provide that it
members applies to a person who was a member at the time the circumstances
giving rise to the proceeding occurred but who,before the judgement in
the proceeding, had ceased to be a member.
By-laws 19. A municipality or board may pass by-laws or resolutions providing for the
maximum amount of a single gift or benefit and of the combined value of gifts and
benefits under section 5.
Community 20. If a director of a community economic development corporation is required
economic to file a written disclosure or a disclosure statement under this Act,the director
development shall file it with the clerk of the municipality that nominated or appointed the
corporations person.
Regulations 21. The Lieutenant Governor in Council may make-regulations prescribing,
(a) financial information or Gasses of financial information that must be
disclosed or that is exempt from being disclosed in a financial disclosure
statement under section 6;
(b) the maximum amount of a single gift or benefit and of the combined value
of gifts and benefits under section 5.
Regulations 22 The Minister may make regulations,
(a) prescribing the duties of the commissioner;
(b) prescribing procedures for applications to the commissioner under section
13;
(c) prescribing forms or requiring that information required be on a form
provided by the Ministry;
(d) prescribing boards,agencies,corporations or other entities or Gasses of
them to which this Act applies;
(e) prescribing the period for the purposes of subsection 15(5).
Conflict 23. In the event of conflict between a provision of this act and a provision of any other
Act,the provision of this Act prevails.
Short tMe 24. The short title of this Act is the Local Government Disclosure of Interest Act,
1994.
11
FORM 1 - DISCLOSURE OF FINANCIAL INFORMATION TSCDULE
OORE ORTBCD-16-95
DRAFT
INSTRUCTIONS AND GENERAL INFORMATION
1. This form is required to be completed by members of a municipal council, school board, police
Village or P.U.C. within 60 days of taking office. Supplementary disclosures are required on or
before December 31 in each year except in an election year.
2. if you are required to complete this form, it is to be filed with the municipal clerk, school board,
or P.U.C. secretary of every council, school board or P.U.C. upon which you are a member and
will be available for public inspection.
3. A member is required only to disclose the interests and income sources listed in this form. .
4. The description of the interest should be of its general nature and sufficient to adequately identify
it, e.g. House - 123 Main Street, Yourtown / Farm - Lot 2, Concession 3, Township of Rural.
5. A member is not required to include any financial interest or income sources valued at $2,500 or
less and under no circumstances is a member required to include the dollar value of any financial
interest or income sources.
6. A member is required to list the financial interests and income sources of the member's spouse or
minor children as listed in this form. However, the member is not required to disclose the names
of the member's spouse or child, or to make any.other reference to an interest being that of a
spouse or child.
7. A member may make an application to the Disclosure of Interest Commissioner to withhold
information from this form where disclosure might result in serious harm to a person or business.
FINANCIAL INTERESTS
nand I
a In
ter.gists:::::::;«::::>:::< ... :::..... .: ,.
d entifi cat�o n;a n d.:.D.escr.i i o ::::;:.::>::::.;:;:>::::>::>;::;::;::;:.;:;;::;:::<:>:::::.;::......;:.;;:.::.:.:;:,
ownership or mortgage
interests in real property
including leasehold interests
business interests including
but not limited to limited
partnerships,
proprietorships and
corporations
equity and bonds, excluding
government bonds
agreements to acquire an
interest as described above
liabilities secured against
the above items
INCOME SOURCES
des:::::.::::..........:.:::::::.: .I.de.nti .�ca r < :::»::>::>»::::::::»::>:;:::.:::>::>::>:::.:.;::::::.
f:.... t..on:an.d.::Des.c.r:[ ti.o :.:....:...:.::::.::::::::::::::
.. ...:.I . :. ... . p
I
council and local boards
(names of councils, local
boards)
self-employment income
(name of business(es) and
general description of
business)
employment (name of
employer(s))
Other schedules may be completed aralttached as necessary.
FORMULAIRE 1 - DIVULGATiON DE RENSEIGNEMENTS FINANCIERS .
AV
EBAUCHE
DIRECTIVES ET RENSEIGNEMENTS GENERAUX
1. Les membres d'un Conseil municipal, d'un Conseil scolaire, d'un village partiellement autonome ou
d'une commission des services publics doivent remplir ce formulaire dans les 60 jours qui suivent
leur entree en fonctions. D'autres divulgations sont requises au plus tard le 31 decembre de chaque
annee, sauf les annees ou it y a des elections.
2. Si vous remplissez ce formulaire, vous devez le deposer aupres du secretaire de chaque conseil
municipal, conseil scolaire ou commission des services publics dont vous faites partie, et it pourra
titre examine par le public.
3. Un membre est tenu de divulguer uniguement les interets et les sources de revenu indiques sur ce
formulaire.
4. La description des interets devrait titre de nature generale mais suffisamment precise pour pouvoir
1'identifier; par exemple : 123, rue Principale, Maville / Ferme - lot 2, concession 3, Canton rural.
5. Un membre nest pas tenu de divulguer des interets financiers et des sources de revenu d'une valeur
de 2 500 $ ou moins et, en aucun cas, it West tenu d'indiquer la valeur monetaire d'un interet
financier ou d'une source de revenu.
6. Un membre est tenu d'indiquer les interets financiers et les sources de revenu de son conjoint ou de
ses enfants mineurs. Cependant, le membre nest pas tenu de divulguer les noms de son conjoint ou
de ses enfants, ou de faire une autre mention qu'il s'agit de I'interet du conjoint ou des enfants.
7. Un membre peut presenter au commissaire a la divulgation des interets une demande pour exclure
des renseignements de ce formulaire, lorsque la divulgation pourrait entrainer un grave prejudice pour
une personne ou une entreprise.
INTERETS FINANCIERS
............................................. .......................... ....... ......................................................................................................
......
Droit de propriete ou hypothecaire sur
des biens immeubles, y compris des
droits de tenure a bail
Interets commerciaux, y compris des
societes en nom collectif, des
entreprises a proprietaire unique et des
personnes morales
Actions et obligations, a 1'exclusion
des obligations des gouvernernents
Ententes pour acquerir des interets
decrits ci-dessus
Dettes garanties par des biens decrits
ci-dessus
SOURCES DE REVENU
•,.•....:::{i•}v:::.::.;:;:::::4•r:;•:n:.:::.i':::i:'::.i'::..:v::::::::•;v.•::::::::::::::::::::::::::::::::::::4•........:::.v:;•:iiiF:ijiYi:i:i:i:lli:iiii}.
..:..:::.:.:::::::.;:.:'rot>:..:<:;;::.;:.•;•:;.;:.;::::•:::;:+.•:::•;:v:;;:•::;:::•5::«.::::;:<::•;:•;::::;:.;«.::..:,:w:•;;::.::;.+::.i........ ......:.i...,. ,...:...v...:..
.. .::::.::.:.:.:.:::.....::..::::.....:::.......
e:�.�.'�'�'E ��i��i'r's''r''r' 3i#ii'>' ;:;'o: Ei•':r 'r'iiii's"<i?
Conseils et conseils locaux
(nom des conseils et conseils locaux)
Revenu provenant d'.un travail
independant
(nom et description generale des
entreprises)
Emploi(s) (nom de 1'employeur ou des
employeurs)
Au besoin, veuillez remplir et annexer d'autres tableaux.
SCHEDULE C TO
REPORT CD-16-95
MUNICIPAL CONFLICT OF INTEREST
(respecting the Local Government Disclosure of Interest Act, 1994)
On March 1, 1983 a new statute was proclaimed to be in force and
was named the Municipal Conflict of Interest Act, 1983.
To coincide with that event, we created a policy of insurance which
initially was advertised through Municipal World magazine and sold
directly to elected municipal officials.
The policy protected members in the most probable and expensive
situations in which the court either found that there had been no
contravention of the Act or that a contravention had occurred by
reason of inadvertence or bona fide error of judgement.
In the years following, the administration of that insurance became
cumbersome and eventually, was made available as part of the
municipal insurance program.
The policy agreed to reimburse the member SO% of his or her legal
fees up to a maximum of $25,000. and the premium was $50. for each
member.
Twelve years later, coverage has been enhanced to reimburse 90% of
legal fees and in most cases the maximum payment has increased to
$100, 000. The premium remained $50. per member.
During these twelve years there have been many applications against
municipal officials. Excluding those where the finding was guilty,
the majority resulted in a finding that a contravention had
occurred but the Judge used the savings provisions of inadvertence
or bona fide error to avoid unseating the member.
Therefore, the majority of claims paid under this insurance were
paid where a contravention had occurred but by reason of
inadvertence or bona fide error.
The Local Government Disclosure of Interest Act, 1994 becomes
effective April 15, 1995.
Our policy will continue to reimburse members where the finding is
that there has been no contravention of the Act.
A secondary coverage will reimburse the member for his or her legal
fees and disbursements incurred in defending proceedings under the
new Act where there is a finding by the court that the member has
contravened the conflict sections of the Act. However, such
reimbursement will only apply where the court suspends the member
without pay and benefits for a period of not more than 90 days as
set out under Section 9 (1) (a) of the Act.
2
That section provides for several methods of punishment the least
of which is the suspension and that part will be insured in the
same way as we previously insured inadvertence or bona fide error.
As it will take a year for all existing policies to renew on the
new basis, we will be arranging for the Insurers to read in the new
coverage on April 15th without any alteration to the premium.
There is no doubt that Bill 163 will make it easier for any person
to take an application against an elected official and it will cost
that person no more than the postage stamp to do so. It seems
inevitable that the number of claims which will be made under this
insurance will increase dramatically.
The fact that the limit of coverage has increased over the years
without any premium adjustment is relevant to the Insurer's
decision that the premium will be increased in anticipation of a
commensurate increase in the number of claims and the cost of each
one of them.
The basic cover which a municipality may purchase under the new
legislation will cost $50. per person.
The secondary cover insuring the member when he or she has
contravened the Act but is only suspended, will also cost $50. and
as the Act does not allow the municipality to buy such coverage,
they will require to bill each member for that cost.
623