PART V ACCOUNTABILITY AND TRANSPARENCY
Inquiry by Commissioner re s. 5, 5.1, 5.2 or 5.3 of Municipal Conflict of Interest Act
160.1 (1) This section applies if the Commissioner conducts an inquiry under this Part in respect of an application under subsection (2). 2017, c. 10, Sched. 2, s. 18. Application (2) An elector, as defined in section 1 of the Municipal Conflict of Interest Act, or a person demonstrably acting in the public interest may apply in writing to the Commissioner for an inquiry to be carried out concerning an alleged contravention of section 5, 5.1, 5.2 or 5.3 of that Act by a member of city council or a member of a local board (restricted definition). 2017, c. 10, Sched. 2, s. 18; 2022, c. 24, Sched. 1, s. 2. No application for inquiry during regular election (3) No application for an inquiry under this section shall be made to the Commissioner during the period of time starting on nomination day for a regular election, as set out in section 31 of the Municipal Elections Act, 1996, and ending on voting day in a regular election, as set out in section 5 of that Act. 2017, c. 10, Sched. 2, s. 18. Timing (4) An application may only be made within six weeks after the applicant became aware of the alleged contravention. 2017, c. 10, Sched. 2, s. 18. Exception (5) Despite subsection (4), an application may be made more than six weeks after the applicant became aware of the alleged contravention if both of the following are satisfied: 1. The applicant became aware of the alleged contravention within the period of time starting six weeks before nomination day for a regular election, as set out in section 31 of the Municipal Elections Act, 1996, and ending on voting day in a regular election, as set out in section 5 of that Act. 2. The applicant applies to the Commissioner under subsection (2) within six weeks after the day after voting day in a regular election, as set out in section 5 of the Municipal Elections Act, 1996. 2017, c. 10, Sched. 2, s. 18. Content of application (6) An application shall set out the reasons for believing that the member has contravened section 5, 5.1, 5.2 or 5.3 of the Municipal Conflict of Interest Act and include a statutory declaration attesting to the fact that the applicant became aware of the contravention not more than six weeks before the date of the application or, in the case where an applicant became aware of the alleged contravention during the period of time described in paragraph 1 of subsection (5), a statutory declaration attesting to the fact that the applicant became aware of the alleged contravention during that period of time. 2017, c. 10, Sched. 2, s. 18; 2022, c. 24, Sched. 1, s. 2. Inquiry (7) The Commissioner may conduct such inquiry as he or she considers necessary. 2017, c. 10, Sched. 2, s. 18. Public meeting (8) If the Commissioner decides to conduct an inquiry, the Commissioner may have a public meeting to discuss the inquiry. 2017, c. 10, Sched. 2, s. 18. Powers on inquiry (9) The Commissioner 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. 2017, c. 10, Sched. 2, s. 18. Information (10) The City and its local boards (restricted definition) shall give the Commissioner such information as the Commissioner believes to be necessary for an inquiry. 2017, c. 10, Sched. 2, s. 18. Same (11) The Commissioner 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 or a local board (restricted definition) that the Commissioner believes to be necessary for an inquiry. 2017, c. 10, Sched. 2, s. 18. Termination of inquiry when regular election begins (12) If the Commissioner has not completed an inquiry before nomination day for a regular election, as set out in section 31 of the Municipal Elections Act, 1996,the Commissioner shall terminate the inquiry on that day. 2017, c. 10, Sched. 2, s. 18. Same (13) If an inquiry is terminated under subsection (12), the Commissioner shall not commence another inquiry in respect of the matter unless, within six weeks after voting day in a regular election, as set out in section 5 of the Municipal Elections Act, 1996, the person who made the application or the member or former member whose conduct is concerned applies in writing to the Commissioner for the inquiry to be carried out. 2017, c. 10, Sched. 2, s. 18. Timing (14) The Commissioner shall complete the inquiry within 180 days after receiving the completed application, unless the inquiry is terminated under subsection (12). 2017, c. 10, Sched. 2, s. 18. Completion (15) Upon completion of the inquiry, the Commissioner may, if he or she considers it appropriate, 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, 5.2 or 5.3 of that Act. 2017, c. 10, Sched. 2, s. 18; 2022, c. 24, Sched. 1, s. 2. Notice to applicant re decision not to apply to judge (16) The Commissioner shall advise the applicant if the Commissioner will not be making an application to a judge. 2017, c. 10, Sched. 2, s. 18. Reasons after inquiry (17) After deciding whether or not to apply to a judge, the Commissioner shall publish written reasons for the decision. 2017, c. 10, Sched. 2, s. 18. Costs (18) The Commissioner’s costs of applying to a judge shall be paid by the following: 1. If the member is alleged to have contravened section 5, 5.1, 5.2 or 5.3 of the Municipal Conflict of Interest Act
as a member of city council, the City. 2. If the member is alleged to have contravened section 5, 5.1, 5.2 or 5.3 of the Municipal Conflict of Interest Act
as a member of a local board (restrictive definition), the local board. 2017, c. 10, Sched. 2, s. 18; 2022, c. 24, Sched. 1, s. 2. Section Amendments with date in force (d/m/y) 2017, c. 10, Sched. 2, s. 18 - 01/03/2019 2022, c. 24, Sched. 1, s. 2 - 20/12/2022