hordruma/ontario_laws_and_regs huggingface dataset:
PART V ACCOUNTABILITY AND TRANSPARENCY
Inquiry by registrar
169 (1) This section applies if the registrar conducts an inquiry under this Part in respect of a request made by city council, a member of council or a member of the public about compliance with the system of registration described in section 166 or with a code of conduct established under that section.  2006, c. 11, Sched. A, s. 169 (1). Application of Public Inquiries Act, 2009 (2) The registrar may elect to exercise the powers under sections 33 and 34 of the Public Inquiries Act, 2009, in which case those sections apply to the inquiry in accordance with the election.  2009, c. 33, Sched. 6, s. 46 (2). Duty of confidentiality (3) Section 161 applies, with necessary modifications, with respect to the registrar and every person acting under the instructions of the registrar in the course of conducting an inquiry.  2006, c. 11, Sched. A, s. 169 (3). Report (4) If the registrar makes a report to city council in respect of an inquiry, the registrar may disclose in the report such matters as in the registrar’s opinion are necessary for the purposes of the report.  2006, c. 11, Sched. A, s. 169 (4). Publication of reports (5) City council shall ensure that reports received from the registrar are made available to the public.  2006, c. 11, Sched. A, s. 169 (5). Testimony (6) Neither the registrar nor any person acting under the instructions of the registrar is a competent or compellable witness in a civil proceeding in connection with anything done when conducting an inquiry.  2006, c. 11, Sched. A, s. 169 (6). Reference to appropriate authorities (7) If the registrar, when conducting an inquiry, determines that there are reasonable grounds to believe that there has been a contravention of any other Act or of the Criminal Code (Canada), the registrar shall immediately refer the matter to the appropriate authorities and suspend the inquiry until any resulting police investigation and charge have been finally disposed of, and shall report the suspension to city council.  2006, c. 11, Sched. A, s. 169 (7). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 6, s. 46 (2) - 01/06/2011 Ombudsman
PART V ACCOUNTABILITY AND TRANSPARENCY
Appointment of Ombudsman
170 (1) The City shall appoint an Ombudsman.  2006, c. 11, Sched. A, s. 170 (1). Reporting relationship (2) The Ombudsman reports to city council.  2006, c. 11, Sched. A, s. 170 (2). Status (3) The Ombudsman is not required to be a city employee.  2006, c. 11, Sched. A, s. 170 (3).
PART V ACCOUNTABILITY AND TRANSPARENCY
Function
171 (1) The function of the Ombudsman is to investigate in an independent manner any decision or recommendation made or any act done or omitted in the course of the administration of the City, its local boards (restricted definition) and such city-controlled corporations as city council may specify and affecting any person or body of persons in his, her or its personal capacity.  2006, c. 11, Sched. A, s. 171 (1); 2009, c. 33, Sched. 21, s. 4 (10). Powers and duties (2) Subject to this Part, in carrying out this function the Ombudsman may exercise the powers and shall perform the duties assigned to him or her by city council.  2006, c. 11, Sched. A, s. 171 (2). Powers paramount (3) The powers conferred on the Ombudsman under this Part may be exercised despite any provision in any Act to the effect that any such decision, recommendation, act or omission is final, or that no appeal lies in respect thereof, or that no proceeding or decision of the person or organization whose decision, recommendation, act or omission it is shall be challenged, reviewed, quashed or called in question.  2006, c. 11, Sched. A, s. 171 (3). Decisions not reviewable (4) Nothing in this Part empowers the Ombudsman to investigate any decision, recommendation, act or omission, (a) in respect of which there is, under any Act, a right of appeal or objection, or a right to apply for a hearing or review, on the merits of the case to any court, or to any tribunal constituted by or under any Act, until that right of appeal or objection or application has been exercised in the particular case, or until after any time for the exercise of that right has expired; or (b) of any person acting as legal adviser to the City, a local board (restricted definition) or a city-controlled corporation or acting as counsel to any of them in relation to any proceedings.  2006, c. 11, Sched. A, s. 171 (4). Delegation (5) The Ombudsman may delegate in writing to any person, other than a member of city council, any of the Ombudsman’s powers and duties under this Part.  2006, c. 11, Sched. A, s. 171 (5). Same (6) The Ombudsman may continue to exercise the delegated powers and duties, despite the delegation.  2006, c. 11, Sched. A, s. 171 (6). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 21, s. 4 (10) - 25/01/2010
PART V ACCOUNTABILITY AND TRANSPARENCY
Investigation
172 (1) Every investigation by the Ombudsman shall be conducted in private.  2006, c. 11, Sched. A, s. 172 (1). Opportunity to make representations (2) The Ombudsman may hear or obtain information from such persons as he or she thinks fit, and may make such inquiries as he or she thinks fit and it is not necessary for the Ombudsman to hold any hearing and no person is entitled as of right to be heard by the Ombudsman, but, if at any time during the course of an investigation, it appears to the Ombudsman that there may be sufficient grounds for him or her to make any report or recommendation that may adversely affect the City, a local board (restricted definition), a city-controlled corporation or any other person, the Ombudsman shall give him, her or it an opportunity to make representations respecting the adverse report or recommendation, either personally or by counsel.  2006, c. 11, Sched. A, s. 172 (2). Application of Ombudsman Act (3) Section 19 of the Ombudsman Act applies to the exercise of powers and the performance of duties by the Ombudsman under this Part and, for the purpose, references in section 19 of that Act to “any public sector body” are deemed to be references to “the City, a local board (restricted definition) or a city-controlled corporation”. 2014, c. 13, Sched. 9, s. 17. (4) Repealed: 2014, c. 13, Sched. 9, s. 17. Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. C, s. 15 (1) - 20/08/2007 2014, c. 13, Sched. 9, s. 17 - 01/01/2016
PART V ACCOUNTABILITY AND TRANSPARENCY
Duty of confidentiality
173 (1) Subject to subsection (2), the Ombudsman and every person acting under the instructions of the Ombudsman shall preserve secrecy with respect to all matters that come to his or her knowledge in the course of his or her duties under this Part.  2006, c. 11, Sched. A, s. 173 (1). Disclosure (2) The Ombudsman may disclose in any report made by him or her under this Part such matters as in the Ombudsman’s opinion ought to be disclosed in order to establish grounds for his or her conclusions and recommendations.  2006, c. 11, Sched. A, s. 173 (2). Municipal Freedom of Information and Protection of Privacy Act (3) This section prevails over the Municipal Freedom of Information and Protection of Privacy Act.  2006, c. 11, Sched. A, s. 173 (3).
PART V ACCOUNTABILITY AND TRANSPARENCY
Testimony
175 (1) The Ombudsman and any person acting under the instructions of the Ombudsman shall not be called to give evidence in any court, or in any proceedings of a judicial nature, in respect of anything coming to his or her knowledge in the exercise of his or her functions under this Part.  2006, c. 11, Sched. A, s. 175 (1). Same (2) Anything said or any information supplied or any document or thing produced by any person in the course of any investigation by or proceedings before the Ombudsman under this Part is privileged in the same manner as if the inquiry or proceedings were proceedings in a court.  2006, c. 11, Sched. A, s. 175 (2).
PART V ACCOUNTABILITY AND TRANSPARENCY
Effect on other rights, etc.
176 The rights, remedies, powers, duties and procedures established under sections 170 to 175 are in addition to the provisions of any other Act or rule of law under which any remedy or right of appeal or objection is provided for any person, or any procedure is provided for the inquiry into or investigation of any matter, and nothing in this Part limits or affects any such remedy or right of appeal or objection or procedure.  2006, c. 11, Sched. A, s. 176. Auditor General
PART V ACCOUNTABILITY AND TRANSPARENCY
Appointment of Auditor General
177 (1) The City shall appoint an Auditor General.  2006, c. 11, Sched. A, s. 177 (1). Reporting relationship (2) The Auditor General reports to city council.  2006, c. 11, Sched. A, s. 177 (2). Status (3) The Auditor General is not required to be a city employee.  2006, c. 11, Sched. A, s. 177 (3).
PART V ACCOUNTABILITY AND TRANSPARENCY
Responsibilities
178 (1) The Auditor General is responsible for assisting city council in holding itself and city administrators accountable for the quality of stewardship over public funds and for achievement of value for money in city operations.  2006, c. 11, Sched. A, s. 178 (1). Independence (1.1) The Auditor General shall perform his or her responsibilities under this Part in an independent manner.  2009, c. 33, Sched. 21, s. 4 (11). Exceptions (2) Despite subsection (1), the responsibilities of the Auditor General do not include the matters described in clauses 139 (1) (a) and (b) for which the city auditor is responsible.  2006, c. 11, Sched. A, s. 178 (2). Powers and duties (3) Subject to this Part, in carrying out his or her responsibilities, the Auditor General may exercise the powers and shall perform the duties as may be assigned to him or her by city council in respect of the City, its local boards (restricted definition) and such city-controlled corporations and grant recipients as city council may specify.  2006, c. 11, Sched. A, s. 178 (3). Grant recipients (4) The authority of the Auditor General to exercise powers and perform duties under this Part in relation to a grant recipient applies only in respect of grants received by the grant recipient directly or indirectly from the City, a local board (restricted definition) or a city-controlled corporation after the date on which this section comes into force.  2006, c. 11, Sched. A, s. 178 (4). Delegation (5) The Auditor General may delegate in writing to any person, other than a member of city council, any of the Auditor General’s powers and duties under this Part.  2006, c. 11, Sched. A, s. 178 (5). Same (6) The Auditor General may continue to exercise the delegated powers and duties, despite the delegation.  2006, c. 11, Sched. A, s. 178 (6). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 21, s. 4 (11) - 25/01/2010
PART V ACCOUNTABILITY AND TRANSPARENCY
Duty to furnish information
179 (1) The City, its local boards (restricted definition) and the city-controlled corporations and grant recipients referred to in subsection 178 (3) shall give the Auditor General such information regarding their powers, duties, activities, organization, financial transactions and methods of business as the Auditor General believes to be necessary to perform his or her duties under this Part.  2006, c. 11, Sched. A, s. 179 (1). Access to records (2) The Auditor General is entitled to have free access to all books, accounts, financial records, electronic data processing records, reports, files and all other papers, things or property belonging to or used by the City, the local board (restricted definition), the city-controlled corporation or the grant recipient, as the case may be, that the Auditor General believes to be necessary to perform his or her duties under this Part.  2006, c. 11, Sched. A, s. 179 (2). No waiver of privilege (3) A disclosure to the Auditor General under subsection (1) or (2) does not constitute a waiver of solicitor-client privilege, litigation privilege or settlement privilege.  2006, c. 11, Sched. A, s. 179 (3).
PART V ACCOUNTABILITY AND TRANSPARENCY
Power to examine on oath
180 (1) The Auditor General may examine any person on oath on any matter pertinent to an audit or examination under this Part.  2006, c. 11, Sched. A, s. 180 (1). Application of Public Inquiries Act, 2009 (2) Section 33 of the Public Inquiries Act, 2009 applies to an examination by the Auditor General.  2009, c. 33, Sched. 6, s. 46 (3). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 6, s. 46 (3) - 01/06/2011 CTS 30 AU 10 - 2
PART V ACCOUNTABILITY AND TRANSPARENCY
Duty of confidentiality
181 (1) The Auditor General and every person acting under the instructions of the Auditor General shall preserve secrecy with respect to all matters that come to his or her knowledge in the course of his or her duties under this Part.  2006, c. 11, Sched. A, s. 181 (1). Same (2) Subject to subsection (3), the persons required to preserve secrecy under subsection (1) shall not communicate information to another person in respect of any matter described in subsection (1) except as may be required, (a) in connection with the administration of this Part, including reports made by the Auditor General, or with any proceedings under this Part; or (b) under the Criminal Code
(Canada).  2006, c. 32, Sched. B, s. 40. Same (3) A person required to preserve secrecy under subsection (1) shall not disclose any information or document disclosed to the Auditor General under section 179 that is subject to solicitor-client privilege, litigation privilege or settlement privilege unless the person has the consent of each holder of the privilege.  2006, c. 11, Sched. A, s. 181 (3). Municipal Freedom of Information and Protection of Privacy Act (4) This section prevails over the Municipal Freedom of Information and Protection of Privacy Act.  2006, c. 11, Sched. A, s. 181 (4). Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. B, s. 40 - 01/01/2007
PART VI PRACTICES AND PROCEDURES
Declaration of office
186 (1) A person, other than a person appointed under section 193, shall not take a seat on city council until the person takes the declaration of office in the English or French version of the form established by the Minister of Municipal Affairs and Housing for that purpose.  2006, c. 11, Sched. A, s. 186 (1). Separate declarations (2) Subsection (1) applies even if the person has already taken a declaration of office for another office on city council.  2006, c. 11, Sched. A, s. 186 (2). Condition for conducting business (3) No business shall be conducted at the first meeting of city council until after the declarations of office have been made by all members who present themselves for that purpose.  2006, c. 11, Sched. A, s. 186 (3). Deemed resignation (4) A person is deemed to have resigned from an office on city council unless the person, (a) in the case of a regular election or a by-election under section 211, takes the declaration of office with respect to that office on or before the day of the first council meeting of the new council; and (b) in the case of a by-election or appointment, other than a by-election under section 211, to fill a vacancy on the council, takes the declaration of office with respect to that office on or before the day of the first council meeting after the person is declared to be elected or is appointed.  2006, c. 11, Sched. A, s. 186 (4). Extension (5) Despite subsection (4), city council may, before the deadline under subsection (4) has passed, extend the deadline by no more than 30 days.  2006, c. 11, Sched. A, s. 186 (5). Location of Meetings and Public Offices
PART VI PRACTICES AND PROCEDURES
Location
187 (1) City council shall hold its meetings and keep its public offices within the City or an adjacent municipality at a place set out in the City’s procedure by-law;  however, in the case of an emergency, it may hold its meetings and keep its public offices at any convenient location within or outside the City.  2006, c. 11, Sched. A, s. 187 (1). Joint meetings (2) Despite subsection (1), a meeting of the councils of the City and one or more other municipalities for the consideration of matters of common interest may be held within the City or within any of the other municipalities or in a municipality adjacent to any of them.  2006, c. 11, Sched. A, s. 187 (2). Quorum
PART VI PRACTICES AND PROCEDURES
Investigation
190.1 (1) A person may request that an investigation of whether the City or a local board of the City has complied with section 190 or a procedure by-law under subsection 189 (2) in respect of a meeting or part of a meeting that was closed to the public be undertaken, (a) by an investigator referred to in subsection 190.2 (1); or (b) by the Ombudsman appointed under the Ombudsman Act, if the City has not appointed an investigator referred to in subsection 190.2 (1).  2006, c. 32, Sched. B, s. 43. Non-application (2) This section does not apply to a police services board or a public library board.  2006, c. 32, Sched. B, s. 43. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 190.1 (2) of the Act is amended by striking out “police services board” and substituting “police service board”. (See: 2019, c. 1, Sched. 4, s. 10 (11)) Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. B, s. 43 - 01/01/2008 2018, c. 3, Sched. 5, s. 11 (11) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 10 (11) - not in force
PART VI PRACTICES AND PROCEDURES
Calling of meetings
191 Subject to the procedure by-law passed under section 189, (a) the head of council may at any time call a special meeting; and (b) upon receipt of a petition of the majority of the members of city council, the clerk shall call a special meeting for the purpose and at the time mentioned in the petition.  2006, c. 11, Sched. A, s. 191.
PART VI PRACTICES AND PROCEDURES
Presiding officer
192 (1) The head of council or other presiding officer designated under this section shall preside at all meetings of city council, except where otherwise provided.  2006, c. 11, Sched. A, s. 192 (1). Same (2) With the consent of the head of council, city council may designate another member of council to preside at meetings of the City, and the designation may be made by secret ballot.  2006, c. 11, Sched. A, s. 192 (2). Power to expel (3) The head of council or other presiding officer may expel any person for improper conduct at a meeting.  2006, c. 11, Sched. A, s. 192 (3).
PART VI PRACTICES AND PROCEDURES
Absence of head
193 The City may, by by-law or resolution, appoint a member of city council to act in the place of the head of council or other member of council designated under section 192 to preside at meetings when the head of council or designated member is absent or refuses to act or the office is vacant, and while so acting such member has all the powers and duties of the head of council or designated member, as the case may be, with respect to the role of presiding at meetings.  2006, c. 11, Sched. A, s. 193; 2017, c. 10, Sched. 2, s. 24. Section Amendments with date in force (d/m/y) 2017, c. 10, Sched. 2, s. 24 - 30/05/2017
PART VI PRACTICES AND PROCEDURES
Voting
194 (1) Despite any Act, every member of city council has only one vote.  2006, c. 11, Sched. A, s. 194 (1). Open voting (2) Except as provided by section 192, no vote shall be taken by ballot or by any other method of secret voting, and every vote so taken is of no effect.  2006, c. 11, Sched. A, s. 194 (2). Tie votes (3) Any question on which there is a tie vote is deemed to be lost, except where otherwise provided by any Act.  2006, c. 11, Sched. A, s. 194 (3). Recorded vote (4) If a member present at a meeting at the time of a vote requests immediately before or after the taking of the vote that the vote be recorded, each member present, except a member who is disqualified from voting by any Act, shall announce his or her vote openly and the clerk shall record each vote.  2006, c. 11, Sched. A, s. 194 (4). Failure to vote (5) A failure to vote under subsection (4) by a member who is present at the meeting at the time of the vote and who is qualified to vote is deemed to be a negative vote.  2006, c. 11, Sched. A, s. 194 (5).
PART VI PRACTICES AND PROCEDURES
Language of by-laws
195 (1) The by-laws and resolutions of the City shall be passed in English or in both English and French.  2006, c. 11, Sched. A, s. 195 (1). Official plan (2) An official plan adopted by the City shall be in English or in both English and French.  2006, c. 11, Sched. A, s. 195 (2). Proceedings (3) City council and every committee of council may conduct its proceedings in English or French or in both English and French.  2006, c. 11, Sched. A, s. 195 (3). Minutes (4) Despite subsection (3), the minutes of the proceedings shall be kept in English or in both English and French.  2006, c. 11, Sched. A, s. 195 (4). Proviso (5) Nothing in this section, (a) affects an obligation imposed by or under any Act to make, keep, use, file, register or submit any record in the language or languages specified by or under the Act; or (b) affects any requirement at law to give reasonable notice.  2006, c. 11, Sched. A, s. 195 (5). Translations (6) If the City submits a record to a provincial ministry in French, the City shall, at the request of the minister of that ministry, supply an English translation of it.  2006, c. 11, Sched. A, s. 195 (6).
PART VI PRACTICES AND PROCEDURES
Municipal code
196 If the City passes a comprehensive general by-law that consolidates and includes the provisions of any by-law previously passed by the City, (a) the provisions in the comprehensive general by-law are deemed to have come into force on the day the original by-law came into force; and (b) any condition or approval required by law to the making of the original by-law is, where such condition was satisfied or approval obtained, deemed to have been satisfied or obtained in respect of the corresponding provision in the comprehensive general by-law.  2006, c. 11, Sched. A, s. 196.
PART VI PRACTICES AND PROCEDURES
Seal of the City
197 (1) Every by-law of the City, (a) shall be under the seal of the City; and (b) shall be signed by the city clerk and by the head of council or presiding officer who was at the meeting at which the by-law was passed.  2006, c. 11, Sched. A, s. 197 (1). Failure to seal (2) If, by oversight, the seal of the City was not affixed to a by-law, it may be affixed at any time afterwards and when so affixed, the by-law is as valid as if it had been originally sealed.  2006, c. 11, Sched. A, s. 197 (2).
PART VI PRACTICES AND PROCEDURES
By-laws upon application
198 (1) Where by this or any other Act a by-law may be passed by city council upon the application of a required number of electors or inhabitants of the City or a geographic area, the by-law shall not be finally passed until the clerk has certified that the application was sufficiently signed.  2006, c. 11, Sched. A, s. 198 (1). Application of Public Inquiries Act, 2009 (2) Section 33 of the Public Inquiries Act, 2009 applies to an inquiry by the clerk into the sufficiency of the application.  2009, c. 33, Sched. 6, s. 46 (4). Effect of certificate (3) The certificate of the clerk is conclusive that the application was sufficiently signed.  2006, c. 11, Sched. A, s. 198 (3). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 6, s. 46 (4) - 01/06/2011 CTS 30 AU 10 - 2 Records