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Integrity Commissioner

Office of the Integrity Commissioner 

Role of Integrity Commissioner as noted in the Municipal Act, 2001, as amended, has evolved to include more accountability and transparency of municipal councils and their local boards. In 2019, the legislation was amended, making it a mandatory requirement that all Ontario municipalities appoint an Integrity Commissioner. 

The Town of Kirkland Lake has appointed M. Harold G. Elston as its Interim Integrity Commissioner.  As the Interim Integrity Commissioner, he is required to be an independent and impartial investigator of the ethical conduct of the members sitting on Town Council and its Local Boards. 

Contact

Harold G. Elston, Counsel, Barriston Law
Telephone: 705-445-1200, Ext. 626
Email: [email protected]

Functions 

The Integrity Commissioner reports to Council and is responsible for performing in an independent manner, the functions assigned by the Municipality concerning any of the following:

  • The application of the Code of Conduct for members
  • The application of any procedures, rules, and policies of the municipality and local boards governing the ethical behaviour of Members.
  • The application of sections 5, 5.1 and 5.2 of the Municipal Conflict of Interest Act (MCIA) to members.
  • Requests from Members for advice respecting their obligations under the Code of Conduct applicable to the member.
  • Requests from Members for advice respecting their obligations under a procedure, rule or policy of the municipality or the local board governing the ethical behaviour of members.
  • Requests from Members for advice respecting their obligations under the MCIA.
  • The provision of educational information to members, the municipality and the public about the municipality’s Code of Conduct for members and the MCIA.

Investigations

Investigations Section 223.4 of the Municipal Act enables an Integrity Commissioner to conduct inquiries of alleged breaches of a municipal/board code of conduct and to report whether a contravention has occurred. Integrity Commissioner has broad powers of investigation including access to records of the Municipality or local board, the right to compel persons to testify under oath, and the right to compel production of information from the Municipality and local boards (with the exclusion of solicitor-client privileged information). After completion of the investigation, the Integrity Commissioner may choose to disclose its report to the Municipality. Upon an Integrity Commissioner’s finding that a member has contravened the Code of Conduct, the municipality may choose to reprimand or suspend the pay of a member for up to 90 days.


Request for Inquiry 

Members of the public, Town employees and members of Town Council may request an inquiry and must follow the Protocol to do so. 

Both a Request for Inquiry of Code of Conduct and an Application for Inquiry of Municipal Conflict of Interest Act must be submitted in writing to the Integrity Commissioner. 

Completed Inquiries 

February 2020 - Integrity Commissioner Inquiry Report - Councillor Patrick Adams
October 2020 - Integrity Commissioner Inquiry Report - Councillor Rick Owen
January 2021 - Integrity Commissioner Inquiry Report - Mayor Pat Kiely

Annual Report

2021 Annual Report (DPRA Canada)
2022 Annual Report (DPRA Canada)
2023 Annual Report (DPRA Canada)
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