Municipalities might have the ability to remove Councillors for misconduct

By Gazette Staff

July 4th, 2025

BURLINGTON, ON

Provincial Bill 9 could give municipalities the ability to remove Councillors for misconduct; word is that it was built to stall.

Would refusing the engage the public be considered misconduct?

MUNICIPAL ACT, 2001

The Schedule amends Part V.1 of the Municipal Act, 2001 with respect to codes of conduct. Here are some highlights:

   1.  Currently, the Act provides that municipalities shall establish codes of conduct. Re-enacted section 223.2 of the Act provides that the Lieutenant Governor in Council may make regulations prescribing a code of conduct for members of councils of municipalities and of local boards.

Burlington Integrity Commissioner Jeffrey A. Abrams.

   2.  New section 223.3.1 of the Act requires the Integrity Commissioner of Ontario to perform certain functions with respect to Integrity Commissioners, including providing education and training to Commissioners.

   3.  New section 223.4.0.1 of the Act provides that after conducting an inquiry under section 223.4 of the Act, a Commissioner may make a recommendation to the Integrity Commissioner of Ontario regarding whether the seat of the member who is the subject of the inquiry be declared vacant. New section 223.4.0.2 of the Act sets out the responsibilities of the Integrity Commissioner of Ontario upon receiving such a recommendation, including the responsibility to conduct an inquiry. Subsection 223.4.0.2 (4) of the Act sets out the actions the Integrity Commissioner of Ontario is required to take upon completion of their inquiry.

   4.  New section 223.4.0.3 of the Act sets out the consequences where the Integrity Commissioner of Ontario refers a matter back to the Commissioner. New section 223.4.0.4 of the Act sets out the consequences where the Integrity Commissioner of Ontario recommends that a member’s seat be declared vacant, including requiring the council of the municipality to vote on such recommendation.