PART V ACCOUNTABILITY AND TRANSPARENCY
Integrity Commissioner
159 (1) The Commissioner is responsible for performing in an independent manner the functions assigned by city council with respect to all of the following: 1. The application of the code of conduct for members of city council and the code of conduct for members of local boards (restricted definition). 2. The application of any procedures, rules and policies of the City and local boards (restricted definition) governing the ethical behaviour of members of city council and of local boards. 3. The application of sections 5, 5.1, 5.2 and 5.3 of the Municipal Conflict of Interest Act to members of city council and of local boards (restricted definition). 4. Requests from members of city council and of local boards (restricted definition) for advice respecting their obligations under the code of conduct applicable to the member. 5. Requests from members of city council and of local boards (restricted definition) for advice respecting their obligations under a procedure, rule or policy of the City or of the local board (restricted definition), as the case may be, governing the ethical behaviour of members. 6. Requests from members of city council and of local boards (restricted definition) for advice respecting their obligations under the Municipal Conflict of Interest Act. 7. The provision of educational information to members of city council, members of local boards (restricted definition), the City and the public about the codes of conduct for members of city council and members of local boards (restricted definition) and about the Municipal Conflict of Interest Act. 2017, c. 10, Sched. 2, s. 16 (1); 2022, c. 24, Sched. 1, s. 1. Powers and duties (2) Subject to this Part, in carrying out these responsibilities, the Commissioner may exercise such powers and shall perform such duties as may be assigned to him or her by city council.  2006, c. 11, Sched. A, s. 159 (2). Request for advice shall be in writing (2.1) A request by a member of city council or of a local board (restricted definition) for advice from the Commissioner under paragraph 4, 5 or 6 of subsection (1) shall be made in writing. 2017, c. 10, Sched. 2, s. 16 (2). Advice shall be in writing (2.2) If the Commissioner provides advice to a member of city council or of a local board (restricted definition) under paragraph 4, 5 or 6 of subsection (1), the advice shall be in writing. 2017, c. 10, Sched. 2, s. 16 (2). Content of educational information (2.3) If the Commissioner provides educational information to the public under paragraph 7 of subsection (1), the Commissioner may summarize advice he or she has provided but shall not disclose confidential information that could identify a person concerned. 2017, c. 10, Sched. 2, s. 16 (2). Delegation (3) The Commissioner may delegate in writing to any person, other than a member of city council, any of the Commissioner’s powers and duties under this Part.  2006, c. 11, Sched. A, s. 159 (3). Same (4) The Commissioner may continue to exercise the delegated powers and duties, despite the delegation.  2006, c. 11, Sched. A, s. 159 (4). Indemnity (5) The City shall indemnify and save harmless the Commissioner or any person acting under the instructions of that officer for costs reasonably incurred by either of them in connection with the defence of a proceeding if the proceeding relates to an act done in good faith in the performance or intended performance of a duty or authority under this Part or a by-law passed under it or an alleged neglect or default in the performance in good faith of the duty or authority. 2017, c. 10, Sched. 2, s. 16 (3). Interpretation (6) For greater certainty, nothing in this section affects the application of section 391 with respect to a proceeding referred to in subsection (5) of this section. 2017, c. 10, Sched. 2, s. 16 (3). Section Amendments with date in force (d/m/y) 2017, c. 10, Sched. 2, s. 16 (1-3) - 01/03/2019 2022, c. 24, Sched. 1, s. 1 - 20/12/2022