Private member's bill would OK removal of misbehaving Ontario councillors

The legislation introduced by NDP Municipal Affairs Critic Jeff Burch on Thursday is bound for a second reading in the legislature, which is now on recess until October.

Published Jun 07, 2024 • Last updated 20 hours ago • 3 minute read

Rick Chiarelli was suspended for a total of 450 days by the previous Ottawa city council and forfeited pay of $132,000, though he denied allegations made against him. He did not run for re-election in 2022. Photo by Tony Caldwell /POSTMEDIA

Misbehaving municipal politicians could find themselves turfed from office under a private member’s bill introduced at Queen’s Park this week.

The bill, tabled by NDP Municipal Affairs Critic Jeff Burch, calls for the creation of an independent board of commissioners to adjudicate claims of workplace violence, harassment and discrimination.

The board could apply penalties to the offender and, in extreme cases, refer the matter for judicial review.

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If a judge found the offender “egregiously” failed to comply with the municipality’s harassment policies, he or she could be removed from office.

Two previous attempts by Orléans Liberal MPP Stephen Blais to toughen penalties for misbehaving councillors have failed in the legislature. Emily McIntosh of the advocacy group Women of Ontario Say No is hoping the third time will be a charm.

“If the government wants to demonstrate its support of women’s rights and other marginalized communities, as well as back its ‘tough on crime’ stance — you don’t hold out on legislation to prevent harassment and violence in the workplace,” McIntosh said.

She said Burch’s bill called for a standardized codes of ethics and proper training. One of the bill’s strengths, she said, is that it takes those responsibilities out of council’s hands.

“It’s now a depoliticized process where council does not have a role. If an investigator finds the evidence shows there is, in fact, egregious harassment, it would go straight from an integrity commissioner to judicial review,” McIntosh said. “It means municipal councils are not playing judge and jury on their colleague.”

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When Blais’ bills were defeated, the Conservative government said it was planning its own legislation. Initially, Municipal Affairs Minister Paul Calandra promised to have a bill introduced before the summer recess, but in April he conceded that would not happen.

“There’s a lot more work to do on this because, the more I look at this, the more disjointed and fragmented the process is,” Calandra said. “I want to make sure whatever we do is effective and meets the goals that we’re trying to accomplish.”

Premier Doug Ford, meanwhile, says he is opposed to giving anyone other than voters the power to remove a politician from office.

“Ultimately if they want to remove someone, it’s the people,” Ford told reporters during a visit to Ottawa in March. “That’s why we have elections every four years.“

Ottawa council had to grapple with the issue of misbehaviour during its previous term, when the city’s integrity commissioner found that former councillor Rick Chiarelli had sexually harassed multiple female staff members. Under the Municipal Act, the maximum penalty is a 90-day suspension for each count, but there is no power to remove a politician from office. Ultimately, Chiarelli was suspended for a total of 450 days and forfeited pay worth $132,000.

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Chiarelli, who adamantly denied any wrongdoing, did not run for re-election in 2022.

McIntosh cited more than a dozen other instances where councillors’ bad behaviour had been documented in municipalities including Barrie, Brampton, Mississauga, Hamilton and Scarborough.

The Association of Municipalities of Ontario is also urging the province to beef up the law by updating municipal codes of conduct, enacting new, flexible penalties and allowing municipalities to ask the courts to remove a councillor if that was recommended by the integrity commissioner.

The ability to remove a politician from office is key, McIntosh said.

“Without that element, it’s very hard to motivate for compliance. If the government were to pass legislation without that element, then all of this work would be moot.”

Bay Ward Coun. Theresa Kavanagh said Ottawa council was “still reeling” from what happened during its previous term with Chiarelli.

“This is not something that would be used a lot. But it’s important to know that, when you’re a councillor you have responsibility to have that ethical code of your own about how you treat people, particularly your staff,” Kavanagh said.

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Burch’s bill is bound for a second reading in the legislature, which is now on recess until October. McIntosh hopes the bill can be further shaped in committee discussions and will eventually be enacted into law.

“We want to work together,” she said. “It’s all about change, creating positive change for good governance across municipalities and ensuring everyone has appropriate workplace protection.”

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