The Ontario Municipal Accountability Act, 2025 (Bill 9) introduces significant reforms aimed at enhancing transparency, accountability, and ethical standards within municipal governance across the province. If enacted, the legislation will bring about the following key changes:
(Hicks Morley)
1. Standardized Provincial Code of Conduct
Provincial Oversight: The Act empowers the Lieutenant Governor in Council to prescribe a uniform code of conduct for all municipal councils and local boards, replacing the current system where municipalities establish their own codes.
Mandatory Compliance: All members of municipal councils and local boards will be required to adhere to this standardized code.
Education and Training: Integrity Commissioners will be mandated to provide education and training on the code of conduct, and members must participate in these programs. (Legislative Assembly of Ontario)
2. Enhanced Integrity Commissioner Framework
Expanded Authority: The Integrity Commissioner of Ontario will have new responsibilities, including advising on the independence of municipal Integrity Commissioners and providing them with prescribed education and training.
Inquiry Process: Upon receiving a recommendation from a municipal Integrity Commissioner regarding a serious code violation, the Integrity Commissioner of Ontario must conduct an independent inquiry to determine if the criteria for removal are met.
Confidentiality Provisions: Strict confidentiality rules will govern the inquiry process, with specific exceptions outlined for legal proceedings and member consent. (Legislative Assembly of Ontario, Hicks Morley)
3. Removal and Disqualification Mechanism
Criteria for Removal: A municipal Integrity Commissioner can recommend the removal of a member if:
1. The member has contravened the code of conduct.
2. The contravention is serious in nature.
3. The conduct has resulted in harm to the health, safety, or well-being of any person.
4. Existing penalties are insufficient to address the contravention or prevent its recurrence.
Council Vote: If the Integrity Commissioner of Ontario supports the recommendation, the municipal council must vote on it. A unanimous vote (excluding the member in question) is required to remove the member.
Consequences: Removed members will be disqualified from serving on any municipal council or local board for four years. If the individual holds multiple positions, all seats will be declared vacant simultaneously. (Hicks Morley, Barriston Law -, OMHRA)
4. Implementation Timeline and Consultations
Effective Date: The new framework is intended to be in place for the next term of municipal councils beginning in 2026.
Stakeholder Engagement: The provincial government plans to consult with the municipal sector to develop the necessary regulations and ensure a smooth transition to the new system. (OMHRA, Ontario Newsroom)
These reforms aim to create a more consistent and enforceable standard of conduct for municipal officials, addressing concerns about repeated misconduct and enhancing public confidence in local governance.(OMHRA)
For more detailed information, you can refer to the full text of the bill and related legislative documents on the Legislative Assembly of Ontario's website.