PART V.1 ACCOUNTABILITY AND TRANSPARENCY
223.4
223.4 (1) This section applies if the Commissioner conducts an inquiry under this Part, (a)  in respect of a request made by council, a member of council or a member of the public about whether a member of council or of a local board has contravened the code of conduct applicable to the member; or (b)  in respect of a request made by a local board or a member of a local board about whether a member of the local board has contravened the code of conduct applicable to the member.  2006, c. 32, Sched. A, s. 98. Powers on inquiry (2) 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.  2009, c. 33, Sched. 6, s. 72 (1). Information (3) The
municipality and its local boards shall give the Commissioner such information as the Commissioner believes to be necessary for an inquiry.  2006, c. 32, Sched. A, s. 98. Same (4) 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 municipality or a local board that the Commissioner believes to be necessary for an inquiry.  2006, c. 32, Sched. A, s. 98. Penalties (5)  The
municipality may impose either of the following penalties on a member of council or of a local board if the Commissioner reports to the municipality that, in his or her opinion, the member has contravened the code of conduct: 1.  A reprimand. 2.  Suspension of the remuneration paid to the member in respect of his or her services as a member of council or of the local board, as the case may be, for a period of up to 90 days.  2006, c. 32, Sched. A, s. 98. Same (6) The local board may impose either of the penalties described in subsection (5) on its member if the Commissioner reports to the board that, in his or her opinion, the member has contravened the code of conduct, and if the municipality has not imposed a penalty on the member under subsection (5) in respect of the same contravention.  2006, c. 32, Sched. A, s. 98. Termination of inquiry when regular election begins (7) 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. 1, s. 20. Same (8) If an inquiry is terminated under subsection (7), 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 or entity who made the request or the member or former member whose conduct is concerned makes a written request to the Commissioner that the inquiry be commenced. 2017, c. 10, Sched. 1, s. 20. Other rules that apply during regular election (9) The following rules apply 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: 1.  There shall be no requests for an inquiry about whether a member of council or of a local board has contravened the code of conduct applicable to the member. 2.  The Commissioner shall not report to the municipality or local board about whether, in his or her opinion, a member of council or of a local board has contravened the code of conduct applicable to the member. 3.  The municipality or local board shall not consider whether to impose the penalties referred to in subsection (5) on a member of council or of a local board. 2017, c. 10, Sched. 1, s. 20. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 98 - 01/01/2007 2009, c. 33, Sched. 6, s. 72 (1) - 01/06/2011 2017, c. 10, Sched. 1, s. 20 - 01/03/2019