The mayors of both Newmarket and Aurora are welcoming new legislation that would standardize a code of conduct for municipal councils, as well as implement a process to expel council members.
The provincial government will introduce new legislation to standardize codes of conduct and integrity processes for all members of council. One key provision is that the legislation could allow councillors to be removed from their positions for serious breaches of the code of conduct, something not possible through current codes but long sought for by some advocates.
Newmarket Mayor John Taylor said that he likes much of the legislation. While he said he can support having council members be dismissable under extreme circumstances, the legislation needs extra care.
“The general direction is very good,” Taylor said, but added that when it comes to councillors being dismissed, “It should be a very high bar, and I think it should be done by an independent, tribunal process.”
Aurora Mayor Tom Mrakas said he appreciates the provincial government taking action on the issue.
“Municipalities know how challenging it can be to address serious breaches of conduct by elected officials, so creating a clear and consistent framework is an important step in reinforcing public trust. Setting out a standardized process for how integrity commissioners handle investigations, complaints, and reporting will bring much-needed clarity and transparency across the province,” Mrakas said.
The legislation, if passed, the would create a new, standardized municipal code of conduct, create mandatory code of conduct training and standardize a process for removing a council member from office. Removal and disqualification could only occur upon the recommendation of the municipal integrity commissioner, a concurring report from a newly created integrity commissioner of Ontario and a unanimous council vote.
“Strong local governance begins with accountability,” Minister of Municipal Affairs and Housing Rob Flack said in a news release. “People across Ontario trust their members of council to uphold high standards for how they conduct themselves and address the decisions before them.”
Taylor said standardizing codes of conduct should make it less confusing for both council members and the public, he said.
“Having slight nuances from one code to the next to the next to the next is high levels of inconsistency,” he said. “It’s confusing for the public. It's even confusing for elected officials."
The legislative proposal comes after a lengthy grassroots advocacy effort from a group called The Women of Ontario Say No, with support from some municipalities. The group sought a legislative change to allow for the removal of council members, following a scandal involving an Ottawa council member found by an integrity commissioner to have committed repeated acts of sexual harassment against female staff, but council could not fully remove him.
The movement visited Newmarket and other municipalities looking for resolutions of support in 2023, which Newmarket council provided in June 2023.
“This is a great start,” the organization said on social media. “We look forward to working with this government to make this a reality. Key changes are required, but we know we can get there.”
Taylor said that while having council members being able to be removed makes sense, he is unsure of the method. He said requiring a unanimous vote of council can result in biases, or create a situation where one loyal ally could block a council member from being removed.
“That requires a little more thought,” he said. “My gut instinct is this is something that should occur so seldom and the bar should be so high …. (When) one member can be very disruptive and difficult, my gut says it’s very hard for that council to be objective and unbiased.”
However, Mrakas said he appreciated the province leaving the final decision at the town council table.
“It's very encouraging to see that under the proposed changes, local councils would retain the authority to make the final decision in serious cases — an important recognition of municipal autonomy,” Mrakas said. “I’m confident that this principle will continue to be respected as the proposed legislation moves forward.”
With the current council, Taylor said this change does not stand to make an impact in Newmarket, but he said that could always change in the future.
“I don’t think it’s any secret our council is extremely professional, calm, thoughtful. I’m grateful for that, so I don’t think this will impact us in any meaningful way,” he said. “Those circumstances can change. Just because things are calm and professional and high functioning in Newmarket, doesn't mean that it (isn’t) perhaps more than justifiable and needed in other locations, and maybe one day here.”
