PART V.1 ACCOUNTABILITY AND TRANSPARENCY
223.3
223.3 (1) Without limiting sections 9, 10 and 11, those sections authorize the municipality to appoint an Integrity Commissioner who reports to council and who is responsible for performing in an independent manner the functions assigned by the municipality with respect to any or all of the following: 1.  The application of the code of conduct for members of council and the code of conduct for members of local boards. 2.  The application of any procedures, rules and policies of the municipality and local boards governing the ethical behaviour of members of 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 council and of local boards. 4.  Requests from members of council and of local boards for advice respecting their obligations under the code of conduct applicable to the member. 5.  Requests from members of council and of local boards for advice respecting their obligations under a procedure, rule or policy of the municipality or of the local board, as the case may be, governing the ethical behaviour of members. 6.  Requests from members of council and of local boards for advice respecting their obligations under the Municipal Conflict of Interest Act. 7.  The provision of educational information to members of council, members of local boards, the municipality and the public about the municipality’s codes of conduct for members of council and members of local boards and about the Municipal Conflict of Interest Act. 2017, c. 10, Sched. 1, s. 19 (1); 2022, c. 24, Sched. 3, s. 3. Provision for functions if no Commissioner appointed (1.1) If a municipality has not appointed a Commissioner under subsection (1), the municipality shall make arrangements for all of the responsibilities set out in that subsection to be provided by a Commissioner of another municipality. 2017, c. 10, Sched. 1, s. 19 (2). Provision for functions if responsibility not assigned (1.2) If a municipality has appointed a Commissioner under subsection (1), but has not assigned functions to the Commissioner with respect to one or more of the responsibilities set out in that subsection, the municipality shall make arrangements for those responsibilities to be provided by a Commissioner of another municipality. 2017, c. 10, Sched. 1, s. 19 (2). Powers and duties (2) Subject to this Part, in carrying out the responsibilities described in subsection (1), the Commissioner may exercise such powers and shall perform such duties as may be assigned to him or her by the municipality.  2006, c. 32, Sched. A, s. 98. Request for advice shall be in writing (2.1) A request by a member of council or of a local board for advice from the Commissioner under paragraph 4, 5 or 6 of subsection (1) shall be made in writing. 2017, c. 10, Sched. 1, s. 19 (3). Advice shall be in writing (2.2) If the Commissioner provides advice to a member of council or of a local board under paragraph 4, 5 or 6 of subsection (1), the advice shall be in writing. 2017, c. 10, Sched. 1, s. 19 (3). 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. 1, s. 19 (3). Delegation (3) The Commissioner may delegate in writing to any person, other than a member of council, any of the Commissioner’s powers and duties under this Part.  2006, c. 32, Sched. A, s. 98. Same (4) The Commissioner may continue to exercise the delegated powers and duties, despite the delegation.  2006, c. 32, Sched. A, s. 98. Status (5) The
Commissioner is not required to be a municipal employee.  2006, c. 32, Sched. A, s. 98. Indemnity (6) A municipality 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. 1, s. 19 (4). Interpretation (7) For greater certainty, nothing in this section affects the application of section 448 with respect to a proceeding referred to in subsection (6) of this section. 2017, c. 10, Sched. 1, s. 19 (4). Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 98 - 01/01/2007 2017, c. 10, Sched. 1, s. 19 (1-4) - 01/03/2019 2022, c. 24, Sched. 3, s. 3 - 20/12/2022