Integrity Commissioner

On July 6th, 2020 Township of Seguin Council appointed Suzanne Craig as Integrity Commissioner for the Township of Seguin.

The Integrity Commissioner is responsible for providing policy advice, complaint resolution and education to Members of Council on issues of ethics and integrity. This is done to maintain high ethical standards at the Township of Seguin.

FREQUENTLY ASKED QUESTIONS

Questions regarding the Integrity Commissioner and the complaint procedure can be found below.

What are the Integrity Commissioner’s main duties?

All elected officials are required to follow the Code of Conduct (PDF). The Integrity Commissioner’s primary role is to ensure the code is followed, this includes:

• addressing any violations made against the code
• assessing requests and complaints made by a member of the public or Council
• educating Council Members on the code
• outlining recommendations to deal with any violations

What is the extent of the Integrity Commissioner’s authority?

Council has adopted a Code of Conduct that sets out the Integrity Commissioner’s authority over matters addressed by the code. For example, an allegation violating the Criminal Code of Canada is a police matter – this allegation would not be investigated by the Integrity Commissioner.

Who can file a complaint?

Members of the public, Seguin Township Council and other Township employees can file a complaint.  

What is the process for filing a complaint?

A complaint can be filed by following the complaint protocol (PDF). Complainants may decide to use an informal or formal procedure to file a complaint.  

How is the complaint investigated?

If an informal resolution is unsuccessful, a formal investigation is undertaken. The elected official is given a copy of the complaint and asked to respond in writing, with a copy of this response provided to the complainant. The process may include an interview between the complainant and Integrity Commissioner.

Within 90 days of filing the complaint, the Integrity Commissioner submits a report to Council, detailing any violations of the code and her recommendations. Once the report has been reviewed, Council determines what actions will be taken.

Does the Integrity Commissioner investigate complaints about Township employees?

No. The Integrity Commissioner does not have any authority over Township employees. The activities of the Integrity Commissioner are solely related to conduct and behaviour of individual elected officials of those appoint to local boards.

Can an anonymous complaint be filed?

No. The complaint procedure does not allow anonymous complaints or withholding the complainant’s name from the Council Member. However, upon receipt of a complaint, the Integrity Commissioner will have an informal discussion with the complainant to determine if there are any safety issues that must be addressed.

How can the public find out about the Integrity Commissioner’s activity?

Reports published by the Integrity Commissioner can be found on this webpage.

What is the Purpose of the MCIA?

The MCIA provides a legislative framework for Members of Council and Local Boards to identify and disclose their own personal pecuniary interest in any matter being considered at a meeting. 

What are the rules for identifying and disclosing Personal Pecuniary Interests under the MCIA?

A Member’s declaration of office leaves no doubt that the obligation to comply with the requirements of the statute is a personal one.  A Member may seek out advice from the Integrity Commissioner to assist in making their decision regarding whether they should disclose a personal pecuniary interest.  A Member may also consider obtaining independent legal advice to assist them in making their personal decision.

How does a Member determine if they have a direct, indirect or deemed pecuniary interest as defined under the MCIA?

A pecuniary interest can be direct, indirect, or deemed.

A “pecuniary interest” is not defined in the MCIA but is generally considered a personal financial/monetary interest (whether positive or negative) in a matter that is subject of consideration at a meeting.

A “meeting” includes any regular, special, committee or other meeting (including Committee of the Whole).

The MCIA identifies a person with an “indirect pecuniary interest” if the Member,

(a) is a shareholder in, or a director or senior officer of, a corporation [1], has a controlling interest in or is a director or senior officer of, a corporation [2], and is a member of a body, that has a pecuniary interest in the matter; or

(b) is a partner of a person or is in the employment of a person or body that has a pecuniary interest in the matter.

In addition, a Member may be “deemed” to have a pecuniary interest if the parent, spouse, or child of the Member, if known to the Member, has a pecuniary interest.

If a Member has a pecuniary interest, are there any exceptions from the requirement to declare a personal pecuniary interest?

A Member who has a personal pecuniary interest may be exempt from the requirement to declare such interest if the Member, for example:

• is eligible for election or appointment to fill a vacancy, office or position on a Committee or Local Board of the District municipality;
• is a director or senior officer of a corporation incorporated for the purpose of carrying on business for the District municipality;
• may be entitled to an allowance for attendance at meetings, or any other allowance, honorarium, remuneration, salary or benefit;
• has a pecuniary interest which is an interest in common with electors generally; or
• has an interest which is so remote or insignificant in its nature that it cannot reasonably be regarded as likely to influence the Member.

Section 4 of the MCIA has a full list of exceptions.

What must a Member do if she/he/they identify a personal pecuniary interest? 

Where a Member has identified a direct, indirect or deemed personal pecuniary interest  that comes before a meeting of Council or Local Board, the Member who is present at the meeting is required to:

1. Verbally disclose the pecuniary interest prior to the matter being considered at the meeting;
2. Not take part in the discussion of, or vote on any question in respect of the matter; and
3. Not in any way attempt before, during or after the meeting to influence the voting on any question;
4. If the meeting is closed under section 239 of the Municipal Act, leave the meeting.

If the Member is absent from the meeting, the Member must take the above steps 1 to 3 at the first meeting attended by the Member after the meeting referred to above. 

[1] A corporation that does not offer its securities to the public.

[2] A corporation that offers its securities to the public.

On April 16, 2018, Seguin Council enacted By-law No. 2018-027, a By-law to establish the position of Integrity Commissioner for The Corporation of the Township of Seguin.

The Members of Council of The Corporation of the Township of Seguin agree to serve their community in an open, transparent and accountable manner, respecting that members of the public expect elected officials to be guided by the highest ethical standards of behaviour in decision-making and conduct.

The Municipal Act provides that a municipality may establish a Code of Conduct for Members of Council. The Council of the Township of Seguin has approved a Code of Conduct for Members of Council. The adoption of the Code of Conduct and the appointment of an Integrity Commissioner underscores the commitment of the Members of Council toward the highest standard of conduct to serve the citizens of the Township of Seguin.

Role of the Integrity Commissioner

Integrity Commissioner reports to Council and is responsible for performing in an independent manner the functions assigned by the municipality with respect to any or all of the following:

• The application of the code of conduct for members of council and the code of conduct for members of local boards,
• 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,
• Requests from members of council and of local boards for advice respecting their obligations under the code of conduct applicable to the member,
• Requests from members of council and of local boards for advice respecting their obligations under a procedure, rule or policy the municipality or the local board, as the case may be, governing the ethical behavior of members, and
• The provision of educational information to members of council, members of local boards, the municipality and the public about the municipality’s code of conduct for members of council and members of local boards.

Integrity Commissioner Inquiry Protocol

On October 1, 2018 Council enacted By-law No. 2018-093, a By-law to establish and adopt an Integrity Commissioner Inquiry Protocol for The Corporation of the Township of Seguin. This Protocol sets out a framework for the Integrity Commissioner’s inquiries into allegations of contraventions of the Code of Conduct. Anyone wishing to submit a Request For Inquiry should complete and submit the following form:

Integrity Commissioner Request for Inquiry Code of Conduct Form (PDF)

Integrity Commissioner Application for Inquiry Municipal Conflict of Interest (PDF)

Integrity Commissioner Reports

Should there be a complaint lodged and it is investigated, the report will be listed below.  An annual report from the Integrity Commissioner will be listed here as well.

• Report of the Integrity Commissioner September 26, 2018 - Two Complaints against Councillor Jack Hepworth (pdf)
• Report of the Integrity Commissioner January 14, 2019 - Three Complaints Against Former Councillor Mario Buszynski (pdf)
• Office of the Integrity Commissioner's Annual Report July 2020 - July 2021 (pdf)