Township of Adjala-Tosorontio Integrity Commissioner
Corrected: June 29, 2022
Reasons for Decision
Notice: Municipal Integrity Commissioners provide investigation reports to their respective municipal council and, in most cases, make recommendations for imposition of penalty or other remedial action to the municipal Council. Therefore, reference should be made to the minutes of each particular municipal council to obtain information about the particular council's consideration of each report. When possible, a link to the relevant municipal council minutes is provided.
Please find below the link to the corresponding council decision.
No council decision. This is an inquiry under section 223.4.1 of the Municipal Act which requires the Integrity Commissioner to publish the reasons for decision directly, instead of reporting them to council.
TABLE OF CONTENTS
Context 3
The Application.. 3
Decision.. 3
Background. 4
Process Followed. 6
Positions of the Parties. 7
Findings of Fact 8
Issues and Analysis. 10
A. Did the Respondents have a pecuniary interest in the matter?. 10
B. Should I make an application to a judge?. 12
Decision.. 13
Publication. 13
Context
These reasons for decision are to be published under subsection 223.4.1 (17) of the Municipal Act.
Among their responsibilities, municipal Integrity Commissioners in Ontario conduct inquiries into applications alleging that council members or members of local boards have contravened the Municipal Council of Interest Act. At the end of such an inquiry, the Integrity Commissioner shall decide whether to apply to a judge under section 8 of the Municipal Conflict of Interest Act for a determination as to whether the member has contravened section 5, 5.1 or 5.2 of that Act, and shall publish reasons for the decision. Such decision is not subject to approval of the municipal council and does not take the form of a recommendation to council. There is, therefore, no municipal council resolution necessary to give effect to the decision.
The Application
Section 223.4.1 of the Municipal Act allows an elector or a person demonstrably acting in the public interest to apply in writing to the Integrity Commissioner for an inquiry concerning an alleged contravention of section 5, 5.1 or 5.2 of the Municipal Conflict of Interest Act (MCIA) by a member of council or a member of a local board.
Mayor Floyd Pinto (the Applicant) alleges that Councillors Scott Anderson, Annette Bays, Deborah Hall-Chancey and Jonathan Pita (the Respondents) contravened sections 5, 5.1 and 5.2 of the MCIA by voting, taking part in a discussion, failing to declare a pecuniary interest, failing to file a written statement, and failing to leave the meeting, in relation to a matter considered during an April 26 closed session of Council.
Four applications (one