HomeMy WebLinkAboutCOR-2024-018 - Corporate Policy Update – New, Amended and Repealed Policies
Corporate Services Department www.kitchener.ca
REPORT TO: Finance and Corporate Services Committee
DATE OF MEETING: October 28, 2024
SUBMITTED BY: Amanda Fusco, Director of Legislated Services/City Clerk, 519-741-
2200, ext. 7809
PREPARED BY: Amanda Fusco, Director of Legislated Services/City Clerk, 519-741-
2200, ext. 7809
WARD(S) INVOLVED: All
DATE OF REPORT: December 12, 2023
REPORT NO.: COR-2024-018
SUBJECT: Corporate Policy Update New, Amended and Repealed Policies
RECOMMENDATION:
That the housekeeping edits to the Master Policy and proposed updated corporate policy
template, attached as Appendix A to Corporate Services report COR-2024-018 be
approved; and,
That the corporate policies listed in Appendix B to Corporate Services report COR-2024-
018 be amended or repealed; and,
That the Pregnancy and Parental Leave Policy for Members of Council, attached as
Appendix C to Corporate Services report COR-2024-018 be approved; and further,
That the Council Staff Relations Policy attached as Appendix D to Corporate Services
report COR-2024-018 be approved.
REPORT HIGHLIGHTS:
The purpose of this report is to present updates made to the Corporate Policy template
to organize key information clearly and intuitively, approve new policies required by
legislation and repeal policies that are no longer needed.
The financial implications are none.
Community engagement included creating a new policy tracking system (policy manual)
and launching this service improvement corporation wide; in addition, presenting
proposed changes and updated to the Corporate Leadership Team.
This report supports the delivery of core services.
BACKGROUND:
In accordance with the Corporate Policy Development, Review and Management Master Policy
approved in 2015, Policy review is a necessary process that needs to be completed by all
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
departments and policy writing staff every 3-
relevant with the most up-to-date information.
The last corporate policy review was completed in 2021 through report COR-2021-037,
Corporate Policy Review Repeal of Policies. Interruptions to this process have occurred due
to the pandemic and staffing changes. As a result, many policies are now past-due for review.
Since that time, staff has continued to monitor the relevancy of corporate polices with a view to
amending, repealing and replacement, repealing only as appropriate.
REPORT:
Policy Review & New Template
In the fall of 2023, a Lean® business process review was conducted to identify the pain points
and interruptions within the existing policy review process. It was found that the lack of a
standard process, staff responsibility and key performance indicators were the main contributing
causes to the inefficiencies of the policy process. Research and benchmarking took place to
develop an appropriate, long-term solution by utilizing readily available tools.
The review found that improvements to the centralization, maintenance and management of
corporate policies would be beneficial for example, as such the use of a SharePoint repository
for the maintenance and management of corporate policy review leveraging automation and
workflows processes was established.
Additionally, it was noted that amendments to the Master Policy approved in 2015 to clarify and
and provide
flexibility to make minor grammatical amendments (i.e., gender inclusive language to change
he/she to they) would improve policy currency and versioning. Staff have provided the proposed
amendments to the Master Policy as Appendix A to this report.
Furthermore, the review found that development of a new corporate policy template containing
fillable fields and providing clarity regarding data entry, removing redundant fields and clarifying
scope would improve the user-experience and enhance readability. Staff have provided the
proposed new template as Appendix A to this report.
Policies to be Amended or Repealed
As part of the policy review initiative, Directors reviewed with their respective General Manager
a list of policies relating to their area and identified those which require minor amendments to
add definitions, address legislative changes, improve clarity, housekeeping edits (i.e. revised
titles, departments, gender neutral language) and address program or policy conflict or improve
alignment. To improve readability an tracked
changes have been provided for each. A short explanation has been provided to explain why
staff deem it is valid to amend these policies. Policies recommended for amendment are
contained in Appendix B.
In some cases, this review revealed that the previously approved policies were no longer
applicable for one of the following reasons:
1. Program or program funding no longer exists (6 policies).
2. Regulation or legislation is already in place (9 policies).
3.Policy has been replaced with another policy (0 policies).
4. Policy conflicts with another policy (3 policies).
5. Policy found redundant, outmoded or dysfunctional (4 policies).
A short explanation has been provided to explain why staff deem it is valid to repeal these
policies. Policies recommended for repeal are contained in Appendix B.
Policies which need to be substantially amended are not included as these will be brought
forward to Council in due course. Human Resources policies will also be brought forward
separately to Council in due course.
New Policy Development
Through the
legislative amendments to the Municipal Act (the Act), (Bill 68 - Modernizing Municipal
Legislation Act (2019)) that were not adopted. In accordance with section 270 of the Municipal
Act, the city is required to have a Council Staff Relations Policy and Pregnancy and Parental
Leave for Members of Council Policy. Further details on the purpose and scope of each policy
is defined below and Appendix C and Appendix D.
Council Staff Relations Policy \[s. 270(1)(2.1) of the Municipal Act, 2001, as amended\]
The purpose of the Council Staff Relations policy is to guide the nature of business interactions
between Members of Council and Staff and provide a framework for that relationship. Council
and Staff have different roles within the organization but they share common goals and
purposes. Staff and Council rely on one another to move the municipality forward. Council
provides political leadership and direction while Staff provide leadership, experience and
expertise to implement Council decisions.
The proposed Policy is intended to complement the Code of Conduct for Members of Council
and Procedure By-Law as well as other policies respecting workplace practices. This Policy
outlines the existing governing frameworks, processes to be followed to maintain a respectful
working relationship, and avenues to pursue if contraventions occur.
Twas consulted to ensure the policy provisions do not
contravene or contradict existing accountability and transparency requirements including
Act, 2001, as amended.
Material covered through the Council Orientation program also confirmed that a council staff
relations policy is a best practice and explained that clarifications on expectations and roles is
beneficial. A number of municipal Council Staff Relations Policies were reviewed to identify
further best practices and the policy was developed in collaboration with internal staff in Human
Resources, Office of the Mayor and Council and Corporate Leadership Team. The proposed
Council Staff Relations Policy is attached as Appendix C to this report.
Pregnancy and Parental Leave for Members of Council Policy \[s. 270(1)(8) of the Municipal
Act, 2001, as amended\]
The purpose of the Pregnancy and Parental Leave for Members of Council Policy is to establish
a process for a member of Council to take a pregnancy or parental leave for up to 20 weeks
without authorization from Council. The seat of the member who takes a pregnancy or parental
leave can not be declared vacant if the leave is less than 20 weeks in accordance with the Act.
parental leave in keeping with the following principles:
A Member is elected to represent their constituents;
office cannot be declared vacant as a result of the leave;
A Member may continue to receive all communications entitled to them as a Member
Council from the City as if the Member were not on leave; and,
A Member shall continue to receive all remuneration, and reimbursements that all
Members of Council are afforded.
leave
cannot be broken up. The implication of taking a leave is that Members would be absent from
their legislative duties (e.g., attending meetings, participating in the discussion and voting on
matters of business before Council and Standing Committee). If a Member were to return prior
to the end of their leave date and participate in their legislative duties, the assumption is that
they have ended their leave.
Members on leave may continue to receive any communications entitled to them as if they were
not on leave (e.g., meeting agendas and other City business communications). They continue
to receive all their remuneration, and reimbursements that all Members of Council are afforded.
Apart from being excused from their legislative role, the Act does not address the balance of a
community affairs).
a Leave Absence Form to address whether the member intends to continue receiving agenda
materials, and/or desires to still attend events and receive communication providing much
needed clarity to city staff.
The proposed Policy also allocates a process if the leave were to be extended beyond 20 weeks
and requiring a resolution of Council. The proposed Pregnancy and Parental Leave for Members
of Council Policy is attached as Appendix D to this report.
Summary
As a result of the continuous improvement initiatives noted above, staff recommend that Council
approve the Master Policy amendments, repealed and revised policy lists and two new policies
(Council Staff Relations and Pregnancy and Parental Leave for Members of Council) to ensure
compliance with the Municipal Act.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget The recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM This
council / committee meeting.
CONSULT This report was preceded by a presentation and a report to the Corporate
Leadership Team to consult on the possible changes and timelines that would be implemented
and presented to Council.
COLLABORATE Communication with key stakeholders affected by the changes proposed in
this report has been made by engaging them in the new Policy Tracking system on SharePoint
and receiving feedback on their user experience. Policy review, amendment and development
was completed in collaboration with Corporate Leadership, Human Resources, Legal Services,
Office of the Mayor and Council and the Integrity Commissioner.
PREVIOUS REPORTS/AUTHORITIES:
FCS-15-142 Corporate Policy Review
FCS-16-001 Corporate Policy Review - Repeal of No Longer Required Policies
COR-2021-037 Corporate Policy Review - Repeal of Policies
Municipal Act, 2001
Planning Act
APPROVED BY: Victoria Raab, General Manager, Corporate Services
ATTACHMENTS:
Appendix A Master Policy Amendments and Proposed Policy Template
Appendix B List of Proposed Appended and Repealed Policies
Appendix C Proposed Pregnancy and Parental Leave for Members of Council
Policy
Appendix D Proposed Council Staff Relations Policy
Appendix A to COR-2024-018
1. PURPOSE
To establish a consistent, well-defined and transparent process for developing and
reviewing corporate policies and procedures, and to set out the criteria by which policies will
be considered either "administrative" or "council".
2. DEFINITIONS
2.1 "Administrative Policy" is a rule that directs staff in making consistent decisions
and explains the expected outcome. These policies are approved by the Corporate
Leadership Team (CLT).
2.2 "Chief Administrative Officer (CAO)" means the Chief Administrative Officer
appointed by Kitchener City Council, or their designate.
2.3 "City Clerk" means the Clerk appointed by the City of Kitchener, or their designate.
2.4 “Corporate Leadership Team (CLT)” means all General Managers at the City.
Administrative policies must be presented to and approved by this body at one of the
regularly scheduled meetings.
"Council Policy" is a guiding principle that sets direction for administrative staff and
establishes oversight control.
2.5 “Department Head” means the General Manager of a department appointed by the City
of Kitchener, or their designate.
2.6 “Housekeeping Edits” means minor edits required to be made to the policy with
approval at the Director level. These edits do not substantially change the content or
context of the policy and are made to ensure accuracy and relevance of information in
the policy.
2.7 "Mayor" means the duly elected Mayor of the City of Kitchener, or the Acting Mayor,
as approved by by-law, in their absence.
2.8 “No Edits Required” means a state determined by the approving Director and indicated
that no changes are required, and therefore the policy is relevant and valid as is, the
2.9 "Policy Manual" means the organized electronic compilation of all administrative
and council policies. Access to policy tracking lists containing identification information
of all corporate policies in a list form, assigned to staff or departments identified as
responsible for review and edits.
2.10 "Procedure" explains how a policy is implemented/administered, who is affected by
the policy, who is responsible for the administration and how to implement the policy.
A procedure may also contain operational or technical measures, standards and
practices as appropriate.
2.11 “Substantial Edits” means a state where there are edits required that change the
2.12 “Repeal/Replace” means when a policy is deemed irrelevant, or inapplicable, with
Council or CLT approval can be removed and deemed no longer in use.
3. SCOPE
All City of Kitchener corporate policies and their related procedures are impacted by contents
and guidelines outlined in this policy. All policy writing and collaborating staff must ensure compliance
with the guidelines.
4. POLICY CONTENT
4.1 Criteria to Determine if Council or Administrative
All corporate policies must be classified under one of two categories - Council or
Administrative.
Most policies are approved by Council, and therefore, any housekeeping, substantial or
4.1.1 If any policies fall within any of the following criteria, Council approval is required:
1) Policies affecting citizens such as policies that:
a) Handle how to spend government revenue (e.g., policies that provide
funding or no-charge services to members of the public);
b) Initiate a new program and establish standards for the delivery of services to
the public;
c) Establish fees, charges or payment terms for services and programs;
d) Permit the use of City assets for the benefit of a third party for either a
charge-back or on a no-charge basis;
e)Dealwithsensitiveorcontroversialissueswithinallor a partofthe
community, or require a judgement on "community values";
2) Policies specifically required by legislation to be adopted by the municipality
(Council);
3) Policies ensuring the financial integrity of the Corporation;
4)Policiesprovidingcompensation/benefitsorreimbursementofexpensesto
employees, elected officials, and members of committees.
5) Policies governing the actions of or dealing with the conduct of City
employees, elected officials, and citizen members of committees.
6) Policies requiring Council's decision on a matter that needs to be part of the
public record in keeping with open and accountable government.
4.1.2 Policies which do not meet the above-noted criteria would generally be considered
"administrative" in nature and would not require Council's approval to be enacted but
would be approved by the Corporate Leadership Team. The Chief Administrative
Officer (CAO), however, may direct that a policy falling outside of the above criteria
be presented to Council for approval.
4.2 Policy Development
4.2.1 General Considerations: When developing or reviewing policies and procedures,
consideration should be given to the following:
• whether the policy is "administrative" or "council" based on the criteria herein;
• whether the document is a policy or a procedure;
• whether the policy/procedure is applicable to multiple departments/divisions;
• whether the proposed policy, or part of the policy, is duplicated in any other
policy existing in the City and whether the existing policy requires modification;
• whether updates to related policies and procedures are required; and,
• the time frame to be established for the regular review of the policy after
adoption.
4.2.2 Consultation: Directors will ensure that prior to the drafting, submission, or approval
of new or amended policies and procedures, the policy author will consult with all
departments/divisions and other relevant stakeholders affected by the policy or
procedure in order to provide them with an opportunity to comment and/or to provide
the necessary technical advice and legal opinions. Policy development and review
shall:
a) Involve all parties who can contribute to or are affected by the proposed policy.
b) Take into account the purpose of the consultation, such as:
• To provide a broader base for input;
• To clarify and promote a better understanding of the issues;
• To provide information and receive feedback;
• To identify alternative courses of action;
• To obtain expert/legal advice, where necessary;
• Tobuildtrustandmutualrespect;
• To build positive relationships and consensus where possible; and,
• To develop ownership.
c) Use various consultation strategies for both internal and external consultations in
accordance with the City's community engagement toolkit as appropriate.
d) Ensure the draft policy and any other relevant information, as appropriate, is
provided to the consultation participants.
e) Informthe participants of the results of the consultation.
4.2.3 Titling/Organization of Policies: The policy author, in conjunction with any affected
departments/divisions, shall determine the specific title of the policy and the section
of the policy manual under which it should be located. These can be determined by
selecting the appropriate category and sub-category from the available drop-down menu
on the policy template.
4.2.4 Writing Guidelines: Policies will be:
a) Clear and concise statements of expected behaviour, practices, or standards.
b) Written in a language that is easily understood by the intended audience,
avoiding jargon as much as possible.
c) Broad enough to allow flexibility in dealing with diverse situations at minimal
expense, while ensuring consistency across the organization.
d) Written to apply consistently throughout the City.
e) Written using the Policy Template as attached and include any related
policies and/or procedures.
4.2.5 Adoption: Policies shall come into full force and effect as follows:
a) Council policies - when approved by City Council.
b) Administrative policies - when approved by the Corporate Leadership Team.
4.3 Policy Review and Revision
4.3.1 Each policy should be reviewed every 3-5 years or in accordance with any
applicable legislation to ensure it continues to be relevant, current and supports the
achievement of desired objectives. Factors to take into consideration for the timing
of the review include:
• External drivers such as: legislation changes, court decisions, government
policies or strategies; and,
• Internal drivers such as: Council decisions, new strategies, identification of
issues by stakeholders or staff, new practices, new technologies.
4.3.2 Each policy and procedure must identify a review date to ensure its consistent
revision and to identify its currency.
4.3.3 Where a review is undertaken and no changes were made, the policy author
department/division responsible for the review shall notify other affected
departments/divisions of the review and indicate on the policy the "Last
Amended/Reviewed Date" and update the "New Review Date” accordingly with the
new information, while updating the “Results of the Review” with “No Edits
Required". The new version of the policy should then be uploaded to SharePoint in
place of the old policy, where it can be accessed by the City Clerk’s office to finalize the
review and publishing process.
4.3.4 Where a review is conducted and minor housekeeping edits are required to change
position titles, departmental/divisional titles and/or inclusive language, the City Clerk
shall be authorized to make such edits provided they do not amend the overall
purpose or function of the policy.
4.4 Policy Management and Organization
4.4.1 The Policy Manual will be available to Council and staff in electronic format only.
4.4.2 The City Clerk will ensure the electronic Policy Manual is updated as policies are
approved, amended and repealed.
4.4.3 Policies will be grouped in the Policy Manual according to categories and, in some
cases, according to sub-categories.
4.4.4 Categories or sub-categories will be added as necessary if such is deemed to more
easily enable access to the applicable policies.
4.5 Responsibility
4.5.1 The sole responsibility for adopting, revising or revoking all council policies for the
City of Kitchener shall be City Council.
4.5.2 The Corporate Leadership Team is responsible for adopting, revising or revoking all
administrative policies for the City of Kitchener as well as all procedures/guidelines
relating to any corporate policy.
4.5.3 The City Clerk will be responsible for ensuring all approved City policies and related
procedures/guidelines are posted in the electronic Policy Manual.
4.5.4 Legislated Services will be responsible for adding new categories or sub- categories
as requested by the Department/Division authoring the policy keeping in mind
enabling accessibility.
4.5.5 The responsibility for the initiation of a new or revised policy may occur through any
of the following:
a) A resolution of City Council.
b) An Advisory Committee or Local Board.
c) The Chief Administrative Officer, General Managers, or Directors.
4.5.6 The Chief Administrative Officer, General Managers, Directors and Managers will be
responsible for ensuring staff within their area of responsibility are provided
information related to all City policies as well as policy implementation.
4.5.7 The Chief Administrative Officer and General Managers shall ensure that prior to the
drafting, submission or approval of new or amended policies and procedures, that all
departments/divisions affected by the policy or procedure shall be circulated the
proposed documentation for comment.
4.5.8 The Department/Division most responsible for the policy will be responsible for
formulating procedures/guidelines as appropriate, ensuring they initiate
consultations with relevant stakeholders, and if required, obtain the necessary
technical advice and legal opinion.
4.5.9 All staff will be responsible for ensuring their actions and behaviour are consistent
with all policies adopted.
4.5.10 In the case of a breach of a policy adopted by City Council, the Chief Administrative
Officer, General Managers, and Directors will be responsible for the issuing of any
disciplinary action, where appropriate.
4.6 Communication
4.6.1 Corporate policies and procedures shall be posted electronically on the City of
Kitchener intranet site in the Policy Manual once approved.
4.6.2 The policy author shall be responsible for any additional communication of policies
and related procedures/guidelines, if required.
4.6.3 Each director is encouraged to designate a staff member as the primary contact for
their division to coordinate all matters relating to that division's corporate policies
and related procedures/guidelines.
5. POLICY TEMPLATE
5.1.1 To assist staff in writing policies, a template has been developed with all the
necessary fields, see Attachment A. The purpose of this template is to develop and
maintain consistency in how policies are presented, and to ensure each policy
contains the necessary and important elements.
5.1.1 To assist staff in writing policies, a template has been developed with all the
necessary fields, see Attachment A. The purpose of this template is to develop and
maintain consistency in how policies are presented, and to ensure each policy
contains the necessary and important elements.
5.1.2 To further assist staff when developing policies, a Master Policy Checklist has been
developed to guide policy review, see Attachment B.
6. ADMINISTRATIVE AND HOUSEKEEPING CHANGES
Administrative Updates
Formal Amendments
Attachment A
Proposed New Policy Template
POLICY CAT-SUB-####
\[Policy Title\] Category Sub-category
Choose an item.Choose an item.
Approval Type Department/Division Author and Position
Choose an item. Click here to enter Click here to enter text.
text.
Date Approved Last Next Review Date
Reviewed/Amended
Click here to enter a date. Click here to enter a date.
Click here to
enter a date.
Related Policies or Procedures
\[Title with embedded link\]
Policy Purpose
Concise, easy-to-understand statement, which explains the objective or philosophy underpinning
the policy.
\[Start typing here\]
Definitions
Concise, easy-to-understand statement, which explains the objective or philosophy underpinning
the policy.
\[Start typing here\]
Policy Scope
Statement as to whom the policy applies, as well as exceptions and the ramifications of non-
compliance, if any and deemed appropriate to include.
Application
Employees Choose an item.
Unions Choose an item.
Council
Specified Positions
Other Choose an item.
Policy Content
Policy details, including specific roles and responsibilities relating to the policy.
\[Start typing here\]
Results of Review
No Edits Required
Housekeeping Edits
Substantial Edits
Repeal/Replace
Policy History
Administrative and Housekeeping Changes
DateNature of Change
yyyy-mm-ddDepartmental re-organization/Titling changes/ Standing Committee restructuring.
Substantial Changes
Date Council/CLT Directive
yyyy-mm-dd As Per Council/CLT Directive - Report #
Attachment B
Master Policy Checklist
Council Approval Required
Policies affecting citizens such as policies that:
Handle how to spend government revenue (e.g., policies that provide
funding or no-charge services to members of the public);
Initiate a new program and establish standards for the delivery of servicesto the public;
Establish fees, charges or payment terms for services and programs;
Permit the use of City assets for the benefit of a third party for either a
charge-back or on a no-charge basis;
Deal with sensitive or controversial issues within all or a part of the
community, or require a judgement on "community values".
Policies specifically required by legislation to be adopted by Council.
Policies ensuring the financial integrity of the Corporation.
Policies governing the actions of or dealing with the conduct of City employees, elected officials,
and citizen members of committees.
Policies requiring Council's decision on a matter that needs to be part of the
public record in keeping with open and accountable government.
Administration Approval
Does not meet any of the listed criteria above for Council approval.
Administrative in nature.
Require the need to inform, consult with, collaborate with, or require a decision from
administration.
Director Approval
Minor changes required to an existing policy which include:
Updating names or titles;
Removing irrelevant information;
Updating terminology used in policy to conform with the City.
Updating, adding, or removing definitions.
Updating linked procedures relevant to the policy.
Updating review dates.
Confirming “No Edits Required” to a policy and assigning the next review date.
Appendix A to COR-2024-018
1. PURPOSE
To establish a consistent, well-defined and transparent process for developing and
reviewing corporate policies and procedures, and to set out the criteria by which policies will
be considered either "administrative" or "council".
2. DEFINITIONS
2.1 "Administrative Policy" is a rule that directs staff in making consistent decisions
These policies are approved by the Corporate
and explains the expected outcome.
Leadership Team (CLT).
2.2 "Chief Administrative Officer (CAO)" means the Chief Administrative Officer
appointed by Kitchener City Council, or his/hertheir designate.
2.3 "City Clerk" means the Clerk appointed by the City of Kitchener, or his/hertheir
designate.
2.32.4 Corporate Leadership Team (CLT)
Administrative policies must be presented to and approved by this body at one of the
regularly scheduled meetings.
2.4 "Council Policy" is a guiding principle that sets direction for administrative staff and
establishes oversight control.
means the General Manager of a department appointed by the City of
Kitchener, or their designate. "Deputy CAO" means the Deputy Chief Administrative
Officer of a department appointed by the City of Kitchener, or his/her designate.
2.5
4-7
2.6 means minor edits required to be made to the policy with
approval at the Director level. These edits do not substantially change the content or
context of the policy and are made to ensure accuracy and relevance of information in
the policy.
2.52.7 "Mayor" means the duly elected Mayor of the City of Kitchener, or the Acting Mayor,
as approved by by-law, in his/hertheir absence.
2.8 means a state determined by the approving Director and indicated
that no changes are required, and therefore the policy is relevant and valid as is, the
review dates can be updated accordingly.
2.62.9 "Policy Manual" is means the organized electronic compilation of all administrative
and council policies. Access to policy tracking lists containing identification information
of all corporate policies in a list form, assigned to staff or departments identified as
responsible for review and edits.
2.10 "Procedure" explains how a policy is implemented/administered, who is affected by
the policy, who is responsible for the administration and how to implement the policy.
A procedure may also contain operational or technical measures, standards and
practices as appropriate.
2.11 means a state where there are edits required that change the
information in the policy. These edits require Council or CLT approval.
2.72.12 "Procedure" explains how a policy is implemented/administered, who is affected
by the policy, who is responsible for the administration and how to implement the
policy. A procedure may also contain operational or technical measures, standards
and practices as appropriate. means when a policy is deemed
irrelevant, or inapplicable, with Council or CLT approval can be removed and deemed no
longer in use.
4-8
3. SCOPE
All City of Kitchener corporate policies and their related procedures are impacted by contents
and guidelines outlined in this policy. All policy writing and collaborating staff must ensure compliance
with the guidelines.
this policy.
4. POLICY CONTENT
4.1 Criteria to Determine if Council or Administrative
All corporate policies must be classified under one of two categories - Council or
Administrative.
4.1 Most policies are approved by Council, and therefore, any housekeeping, substantial
or repeal/replace edits must follow the Council approval procedure by way of report.
4.1.1 The following types of policies that should be approved by Council includeIf any
policies fall within any of the following criteria, Council approval is required:
1) Policies affecting citizens such as policies that:
a) Handle how to spend government revenue (e.g., policies that provide
funding or no-charge services to members of the public);
b) Initiate a new program and establish standards for the delivery of services to
the public;
c) Establish fees, charges or payment terms for services and programs;
d) Permit the use of City assets for the benefit of a third party for either a
charge-back or on a no-charge basis;
e)Deal with sensitive or controversial issues within all or a part of the
community, or require a judgement on "community values";.
e)
2) Policies specifically required by legislation to be adopted by the municipality
(Council).;
a) Policies ensuring the financial integrity of the Corporation;.
3)
b) Policies providing compensation/benefits or reimbursement of expenses to
employees, elected officials, and citizen members of committees.
4)
4-9
3)5) Policies governing the actions of or dealing with the conduct of City
employees, elected officials, and citizen members of committees.
4)6) Policies requiring Council's decision on a matter that needs to be part of the
public record in keeping with open and accountable government.
4.1.2 Policies which do not meet the above-noted criteria would generally be considered
"administrative" in nature and would not require Council's approval to be enacted but
would be approved by the Corporate Leadership Team. Council or tThe Chief
Administrative Officer (CAO), however, may direct that a policy falling outside of the
above criteria be presented to Council for approval.
4.1.2
4-
4.2 Policy Development
4.2.1 General Considerations: When developing or reviewing policies and procedures,
consideration should be given to the following:
whether the policy is "administrative" or "council" based on the criteria presented
herein;
whether the document is a policy or a procedure;
whether the policy/procedure is applicable to multiple departments/divisions;
whether the proposed policy, or part of the policy, is duplicated in any other
policy existing in the City and whether the existing policy requires modification;
whether updates to related policies and procedures are required; and,
the time frame to be established for the regular review of the policy after
adoption.
4.2.2 Consultation: Directors will ensure that prior to the drafting, submission, or approval
of new or amended policies and procedures, the policy author will consult with all
departments/divisions and other relevant stakeholders affected by the policy or
procedure in order to provide them with an opportunity to comment and/or to provide
the necessary technical advice and legal opinions. Policy development and review
shall:
a) Involve all parties who can contribute to or are affected by the proposed policy.
b) Take into account the purpose of the consultation, such as:
To provide a broader base for input;
To clarify and promote a better understanding of the issues;
To provide information and receive feedback;
To identify alternative courses of action;
To obtain expert/legal advice, where necessary;
To build trust and mutual respect;
To build positive relationships and consensus where possible; and,
To develop ownership.
c) Use various consultation strategies for both internal and external consultations in
accordance with the City's community engagement toolkit as appropriate.
4-
d) Ensure the draft policy and any other relevant information, as appropriate, is
provided to the consultation participants.
e) Inform the participants of the results of the consultation.
4.2.3 Titling/Organization of Policies: The policy author, in conjunction with any affected
departments/divisions, shall determine the specific title of the policy and the section
of the policy manual under which it should be located. These can be determined by
selecting the appropriate category and sub-category from the available drop-down menu
on the policy template.
4.2.4 Writing Guidelines: Policies will be:
a) Clear and concise statements of expected behaviour, practices, or standards.
b) Written in a language that is easily understood by the intended audience,
avoiding jargon as much as possible.
c) Broad enough to allow flexibility in dealing with diverse situations at minimal
expense, while ensuring consistency across the organization.
d) Written to apply consistently throughout the City.
e) Written using the Policy Template as attached and include any related
policies and/or procedures.
4.2.5 Adoption: Policies shall come into full force and effect as follows:
a) Council policies - when approved by City Council.
b) Administrative policies - when approved by the Corporate Leadership Team.
4.3 Policy Review and Revision
4.3.1 Each policy should be reviewed every 3-5 years or in accordance with any
applicable legislation to ensure it continues to be relevant, current and supports the
achievement of desired objectives. Factors to take into consideration for the timing
of the review include:
External drivers such as: legislation changes, court decisions, government
policies or strategies; and,
Internal drivers such as: Council decisions, new strategies, identification of
issues by stakeholders or staff, new practices, new technologies.
4.3.2 Each policy and procedure must identify a review date to ensure its consistent
revision and to identify its currency.
4.3.2
4 - 12
4.3.3 Where a review is undertaken and no changes were made, the policy author
department/division responsible for the review shall notify other affected
departments/divisions of the review and indicate on the policy the "Last
Amended/Reviewed Date" and update the fact "
the new information, while updating thNo
RevisionsEdits Required" were made. The new version of the policy should then be
uploaded to SharePoint in place of the old policy, where it can be accessed by the City
4.3.4 Where a review is conducted and minor housekeeping edits are required to change
position titles, departmental/divisional titles and/or inclusive language, the City Clerk
shall be authorized to make such edits provided they do not amend the overall
purpose or function of the policy.
4.3.3
4.4 Policy Management and Organization
4.4.1 The Policy Manual will be available to Council and staff in electronic format only.
4.4.2 The City Clerk will ensure the electronic Policy Manual is updated as policies are
approved, amended and repealed.
4.4.3 Policies will be grouped in the Policy Manual according to categories and, in some
cases, according to sub-categories.
4.4.4 Categories or sub-categories will be added as necessary if such is deemed to more
easily enable access to the applicable policies.
4.5 Responsibility
4.5.1 The sole responsibility for adopting, revising or revoking all council policies for the
City of Kitchener shall be City Council.
4.5.2 The Corporate Leadership Team is responsible for adopting, revising or revoking all
administrative policies for the City of Kitchener as well as all procedures/guidelines
relating to any corporate policy.
4.5.3 The City Clerk will be responsible for ensuring all approved City policies and related
procedures/guidelines are posted in the electronic Policy Manual.
4.5.4 Legislated Services will be responsible for adding new categories or sub- categories
as requested by the Department/Division authoring the policy keeping in mind
enabling accessibility.
4.5.5 The responsibility for the initiation of a new or revised policy may occur through any
of the following:
a) A resolution of City Council.
b) An Advisory Committee or Local Board.
c) The Chief Administrative Officer, Deputy CAOsGeneral Managers, or Directors.
4.5.6 The Chief Administrative Officer, Deputy CAOs,General Managers, Directors and
Managers will be responsible for ensuring staff within their area of responsibility are
provided information related to all City policies as well as policy implementation.
4.5.7 The Chief Administrative Officer and Deputy CAOsGeneral Managers shall ensure
that prior to the drafting, submission or approval of new or amended policies and
procedures, that all departments/divisions affected by the policy or procedure shall
be circulated the proposed documentation for comment.
4.5.8 The Department/Division most responsible for the policy will be responsible for
formulating procedures/guidelines as appropriate, ensuring they initiate
consultations with relevant stakeholders, and if required, obtain the necessary
technical advice and legal opinion.
4.5.9 All staff will be responsible for ensuring their actions and behaviour are consistent
with all policies adopted.
4.5.10 In the case of a breach of a policy adopted by City Council, the Chief Administrative
Officer, Deputy CAOsGeneral Managers, and Directors will be responsible for the
issuing of any disciplinary action, where appropriate.
4.6 Communication
4.6.1 Corporate policies and procedures shall be posted electronically on the City of
Kitchener intranet site in the Policy Manual once approved.
4.6.2 The policy author shall be responsible for any additional communication of policies
and related procedures/guidelines, if required.
4.6.3 Each director is encouraged to designate a staff member as the primary contact for
his/hertheir division to coordinate all matters relating to that division's corporate
policies and related procedures/guidelines.
5. POLICY TEMPLATE
5.1.1 To assist staff in writing policies, a new template has been developed with all the
necessary fields, see Attachment A. The purpose of this template is to develop and maintain
consistency in how policies are presented, and to ensure each policy contains the
necessary and important elements.
) Approval Date:
5.1.1 To assist staff in writing policies, a Effective Date:
template has been developed with all If same as Approval Date indicate "Same".
the necessary fields, see Attachment
A. The purpose of this template is to
develop and maintain consistency in
how policies are presented, and to
ensure each policy contains the
necessary and important elements.
55.
5.1
,,<,..
l
.\\JTCI 11:NE:
Policy Number: Review by Date:
Choose 3 or 5 years from approval date or
Policy Type: a date in accordance with
applicable legislation.
Policy Category:
Review Date:
Indicate last date reviewed. If a new policy
Policy Sub-Category:
indicate "New".
Review Status:
Indicate "No Revisions" OR "Amended"
Policy Title:
OR "Repealed" OR "Repealed &
Replaced" OR
"Replaces" as appropriate.
Author:
Replaced By:
Insert Department/Division/Section as applicable
If "Repealed & Replaced", indicate the
Policy Number which has rep/aced
it OR "None".
Replaces:
If this policy replaces another policy,
indicate the Po/icv Number which
it rep/aces OR "None".
Related Policies/Procedures/Guidelines:
Provide links to the related document as appropriate
5.1.2 To further assist staff when developing policies, a Master Policy Checklist has been
developed to guide policy review, see Attachment B.POLICY STATEMENT
(Purpose/Objective):
6. ADMINISTRATIVE AND HOUSEKEEPING CHANGES
DateNature of Change
yyyy-mm-dd
Substantial Changes
Date Council/CLT Directive
2015-11-02 Council Approval - Report #FCS-15-142
DEFINITIONS: (As Applicable)
SCOPE:
POLICY CONTENT:
RESPONSIBILITIES:
AttachmentA
ProposedNewPolicyTemplate
th\[L/CATSUB####
\[PolicyTitle\]CategorySubcategory
/ŷƚƚƭĻğƓźƷĻƒ͵/ŷƚƚƭĻğƓźƷĻƒ͵
ApprovalTypeDepartment/DivisionAuthorandPosition
/ŷƚƚƭĻğƓźƷĻƒ͵/ƌźĭƉŷĻƩĻƷƚĻƓƷĻƩ/ƌźĭƉŷĻƩĻƷƚĻƓƷĻƩƷĻǣƷ͵
ƷĻǣƷ͵
DateApprovedLastNextReviewDate
Reviewed/Amended
/ƌźĭƉŷĻƩĻƷƚĻƓƷĻƩğķğƷĻ͵/ƌźĭƉŷĻƩĻƷƚĻƓƷĻƩğķğƷĻ͵
/ƌźĭƉŷĻƩĻƷƚ
ĻƓƷĻƩğķğƷĻ͵
Related Policies or Procedures
\[Title with embedded link\]
Policy Purpose
Concise, easy-to-understand statement, which explains the objective or philosophy underpinning
the policy.
\[Start typing here\]
Definitions
Concise, easy-to-understand statement, which explains the objective or philosophy underpinning
the policy.
\[Start typing here\]
Policy Scope
Statement as to whom the policy applies, as well as exceptions and the ramifications of non-
compliance, if any and deemed appropriate to include.
Application
Employees Choose an item.
Unions Choose an item.
Council
Specified Positions
Other Choose an item.
Policy Content
Policy details, including specific roles and responsibilities relating to the policy.
\[Start typing here\]
Results of Review
No Edits Required
Housekeeping Edits
Substantial Edits
Repeal/Replace
Policy History
Administrative and Housekeeping Changes
Date Nature of Change
yyyy-mm-dd Departmental re-organization/Titling changes/ Standing Committee restructuring.
Substantial Changes
Date Council/CLT Directive
yyyy-mm-dd As Per Council/CLT Directive - Report #
Attachment B
Master Policy Checklist
CouncilApprovalRequired
Policies affecting citizens such as policies that:
Handle how to spend government revenue (e.g., policies that provide
funding or no-charge services to members of the public);
Initiate a new program and establish standards for the delivery of services to the public;
Establish fees, charges or payment terms for services and programs;
Permit the use of City assets for the benefit of a third party for either a
charge-back or on a no-charge basis;
Deal with sensitive or controversial issues within all or a part of the
community, or require a judgement on "community values".
Policies specifically required by legislation to be adopted by Council.
Policies ensuring the financial integrity of the Corporation.
Policies governing the actions of or dealing with the conduct of City employees, elected officials,
and citizen members of committees.
Policies requiring Council's decision on a matter that needs to be part of the
public record in keeping with open and accountable government.
Administration Approval
Does not meet any of the listed criteria above for Council approval.
Administrative in nature.
Require the need to inform, consult with, collaborate with, or require a decision from
administration.
Director Approval
Minor changes required to an existing policy which include:
Updating names or titles;
Removing irrelevant information;
Updating terminology used in policy to conform with the City.
Updating, adding, or removing definitions.
Updating linked procedures relevant to the policy.
Updating review dates.
Services
5źǝźƭźƚƓ Legislated Legislated ServicesLegislated ServicesLegislated ServicesLegislated ServicesEconomic DevelopmentLegislated ServicesLegislated ServicesLegislated ServicesLegislated
ServicesLegislated ServicesLegislated Services
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ServicesCorporate ServicesCorporate Services
-
address
andaddressclarify add clarity to
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add definitions,add definitions, add definitions,
mendments to
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{ƷğƷǒƭ Proposed legislative changesProposed amendments to composition and transparency of decisionProposed amendments to recruitment practices, eligibility, term limits and reappointmentProposed
amendments to add definitions, AuditorProposed amendments to add definitions.Proposed amendments to add definitions, and housekeeping edits.Proposed amendments to add definitions, and
housekeeping edits.Proposed amendments to add definitions, and housekeeping edits.Proposed amendments to amend name, add definitions, and clarify members appointed in accordance with
the Shareholders Agreement.Proposed amendments to add definitions, and housekeeping edits.Proposed housekeeping amendmentsProposed housekeeping amendments and address conflicting information
with Part VI.1 of the Municipal Act, Special Powers and Duties of the Head of Council, Municipal Act legislative references, removal of the requirement for the affidavit to be commissione
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----
MUNMUNMUNMUN
POLICY Policy No: ADM-COM-287
Approval Date: February 24, 2003
Policy Title: PUBLIC NOTICE -
MUNICIPAL ACT 2001, AS
Reviewed Date: June 2016
AMENDED
Next Review Date:June 2021
Policy Type: COUNCIL
Reviewed Date:
Category: Administration
Last Amended:
Sub-Category:Communications
Author: City Clerk, Council/Committee
Replaces: I-287, Public Notice -
Services
Municipal Act 2001, as
amended
Dept/Div: Finance & Corporate
Services/Legislated Services
Repealed:
Replaced by:
Related Policies, Procedures and/or Guidelines:
Municipal Act, 2001
Legislation Act, 2006
1. POLICY PURPOSE:
The Municipal Act, 2001, S.O. 2001, c. 25 (the Act) requires municipalities to give
notice to the public of the municipality’s intention to pass certain by-laws or take
certain other actions at a public meeting for which the form and manner of the notice
has not otherwise been prescribed in the Act. The notice to be given shall be
adequate to give reasonable notice under each of the respective provisions of the
Municipal Act, 2001.
2. DEFINITIONS:
For the purpose of this policy the following definitions apply:
a) “advertising” means advertising that is placed to promote overall awareness
of the Cityor on behalf of the Corporation.
b) “Council” means Kitchener City Council as a whole.
c) “City Facility(ies)” means all physical property, buildings, facilities, lands,
premises, goods and other assets owned, leased and/or maintained by the
Corporation of the Cityof Kitchener.
1 of 6
Policy No: ADM-COM-287
Policy Title: PUBLIC NOTICE - MUNICIPAL ACT 2001, AS AMENDED
d) “Legislation Act” means the Legislative Act, 2006, S.O. 2006, c. 21 Sched. F,
as may beamended.
e) “newspaper” means a document that,
(a) is printed in sheet form, published at regular intervals of a week or less
and circulated to the general public, and consists primarily of news of
current events of general interest; (“journal”) and;
(b) may include an online subscription option.
f) “online publication” means notices posted to the City’s website.
g) “Procedure By-law” means the By-law that outlines the process that Kitchener
City Council follows to adopt bylaws, pass resolutions, and conducts business.
It establishes rules of procedure by which Kitchener City Council and Standing
Committees function and facilitate public participation.
h) “published” means published in a daily or weekly newspaper, that, in the
opinion of the Clerk, has such circulation within the municipality as to provide
reasonable notice to those affected thereby.
i) “Regular Business Hours” means the time period(s) as defined in the location-
specific access procedures and/or signage of each City Facility.“Website”
means the official City of Kitchener website at www.kitchener.ca.
3. SCOPE:
POLICY APPLIES TO THE FOLLOWING:
All Employees
All Full-Time Employees All Union
Management C.U.P.E. 68 Civic
Non Union C.U.P.E. 68 Mechanics
Temporary C.U.P.E. 791
Student I.B.E.W. 636
Part-Time Employees K.P.F.F.A.
Specified Positions only: City Clerk Other:
Council Local Boards & Advisory Committees
Statutory notice to the public under the Act, other legislation or by-law, will be
completed in accordance with this Policy as well as any prescribed notice content,
signage or mailing requirements.
Nothing in this Policy prevents the Clerk from using additional methods of notice
that, in the Clerk’s opinion, are more effective or provide a longer notice period.
2 of 6
Policy No: ADM-COM-287
Policy Title: PUBLIC NOTICE - MUNICIPAL ACT 2001, AS AMENDED
Further, nothing in this Policy prevents the Clerk from using the public notification
methods contained in this Policy for matters not otherwise required under this
Policy.
This Policy does not apply to public relations materials including advertising,
posters, brochures or event program advertisements.
4.POLICY CONTENT:
1.Accordingly, Council has directed that where notice of intention to pass
certain by-laws or take certain actions at a public meeting is required to be
given for which notice requirements are not prescribed under the provisions
of the Municipal Act, 2001, as amended, or its regulations, such notice shall
be in the form and manner hereinafter set out:
a) The notice shall include the following information:
i) a description of the purpose for the meeting or the purpose and
effect of the proposed by-law;
ii) date, time and location of the meeting at which the matter will be
considered;
iii) a description of how and where comments and/or objections can
be made; and,
iv) contact information for the purpose of submitting written
comments, prior to the meeting, including any submission
deadline;
b) Notice shall be published in a newspaper;
c) Notice in the newspaper shall be given at least once, not less than nine
(9) days before the event the notice relates to;
d) Personal notice by registered mail or prepaid (regular) mail or personal
service shall be given in those situations where there are a limited
number of people affected by the intention to pass a by-law pertaining
to the permanent closure or altering of a highway, the designation of a
highway as a controlled access highway or changing the name of a
highway or private road; and,
e) Where the notice relates to events affecting the fundamental structure
of the municipality such as a restructuring proposal, changing the name
3 of 6
Policy No: ADM-COM-287
Policy Title: PUBLIC NOTICE - MUNICIPAL ACT 2001, AS AMENDED
of the municipality, changing the composition of Council and the
establishment of wards, a second notice shall be placed in the
newspaper, such that the notices are published in different weeks.
2. Where a legislated notice requirement under an Act or Regulation must be
provided and there are no suitable printed newspapers that meet the
definition of a Newspaper, notice shall be given in the form and manner set
out:
a) Notice to the public shall be posted on the “Public Consultations” page
of the City’s website for at least the two-week period immediately
preceding the Council or Committee meeting at which the matter will be
considered,and an opportunity is provided for members of the public to
speak to or submit correspondence regarding the matter.
b) Notice to the public given under this section is sufficient even if there are
times during the two-week period that the City’s website is not
accessible.
c) The Public Notice may also be sent to City Facilities for posting on
appropriate bulletin boards accessible to the public during Regular
Business Hours. Notices may also be sent to other community
stakeholders as determined by applicable staff.
d) Notice to the public given under this section shall contain the required
information from Section 1.
3. The form and manner of notice described in this Policy constitutes the
minimum notification required by Council; however, it is recognized that
circumstances may arise where it is advisable to extend the breadth of
notice to encompass other notice formats such as public agenda, verbal
notice at a public meeting, neighborhood newsletter, City-wide newsletter,
tax bill insert, and separate mailings to households.
Exceptions
4. Notwithstanding the Notice requirements established by this Policy, Council
hereby acknowledges that no notice is required for any amendment to the
budget that would not impact on the City levy for general purposes or the
City capital budget and notice in the form of placement of a staff report
discussing the said amendments, on a Committee and/or Council agenda
shall be considered sufficient notice with respect to the following:
4 of 6
Policy No: ADM-COM-287
Policy Title: PUBLIC NOTICE - MUNICIPAL ACT 2001, AS AMENDED
a) amendments to licensing by-laws, its Procedural By-law and any other
regulatory or administrative type by-laws for housekeeping purposes
which are deemed to be of a minor and/or administrative nature; and,
b) amendments to the budget that would impact on the City levy for
general purposes or the City capital budget.
Deferral
5. In the event consideration of certain actions at a public meeting for which
notice was required to be given is deferred or the proposed by-law is not
passed at the Council meeting specified on the notice, but deferred, no
further notice is required, if a public statement is made at the meeting that
the matter has been deferred and the municipality now intends to consider
the subject matter/by-law at a later Council meeting as specified in the
public statement. This applies to any further deferrals of the matters.
Emergency
6. If a matter arises, which in the opinion of the CAO, in consultation with the
Mayor, is considered to be of an urgent or time sensitive nature, or which
could affect the health or well-being of the residents of the City of Kitchener,
or if a State of Emergency is declared or if so advised by a Provincial
Ministry, the Clerk shall make best efforts to provide as much prior notice
as is reasonable under the circumstances or will provide notice of the action
as soon as possible following the action.
Applicability
7. The notice requirements set out in this policy apply to those situations where
the Municipality is required under the Municipal Act, 2001, or its regulations,
to give notice to the public of the municipality’s intention to pass certain by-
laws or take certain actions at a public meeting for which the form and
manner of the notice has not been prescribed in the Municipal Act, 2001 or
other provincial legislation except where notice is otherwise expressly
provided in a by-law of The Corporation of the City ofKitchener.
5. HISTORY OF POLICY CHANGES
Administrative Updates
2016-06 - I-287 policy template re-formatted to new numbering system and given
number ADM-COM-287.
Formal Amendments
5 of 6
Policy No:ADM-COM-287
Policy Title:PUBLIC NOTICE -MUNICIPAL ACT 2001, AS AMENDED
No amendment history to date.
6 of 6
POLICY Policy No: ADM-COM-287
Approval Date: February 24, 2003
Policy Title: PUBLIC NOTICE -
MUNICIPAL ACT 2001, AS
Reviewed Date: June 2016
AMENDED
Next Review Date:June 2021
Policy Type: COUNCIL
Reviewed Date:
Category: Administration
Last Amended:
Sub-Category:Communications
Author: City Clerk, Council/Committee
Replaces: I-287, Public Notice -
Services
Municipal Act 2001, as
amended
Dept/Div: Finance & Corporate
Services/Legislated Services
Repealed:
Replaced by:
Related Policies, Procedures and/or Guidelines:
Municipal Act, 2001
Legislation Act, 2006To be included at next review.
1. POLICY PURPOSE:
The Municipal Act, 2001, S.O. 2001, c. 25 (the Act) requires municipalities to give
notice to the public of the municipality’s intention to pass certain by-laws or take
certain other actions at a public meeting for which the form and manner of the notice
has not otherwise been prescribed in the Act. The notice to be given shall be
adequate to give reasonable notice under each of the respective provisions of the
Municipal Act, 2001.
2. DEFINITIONS:
For the purpose of this policy the following definitions apply:
a) “advertising” means advertising that is placed to promote overall awareness
of the City or on behalf of the Corporation.
b) “Council” means Kitchener City Council as a whole.
c) “City Facility(ies)” means all physical property, buildings, facilities, lands,
premises, goods and other assets owned, leased and/or maintained by the
Corporation of the City of Kitchener.
1 of 6
Policy No: ADM-COM-287
Policy Title: PUBLIC NOTICE - MUNICIPAL ACT 2001, AS AMENDED
d) “Legislation Act” means the Legislative Act, 2006, S.O. 2006, c. 21 Sched. F,
as may beamended.
e) “newspaper” means a document that,
(a) is printed in sheet form, published at regular intervals of a week or less
and circulated to the general public, and consists primarily of news of
current events of general interest; (“journal”) and;
(b) may include an online subscription option.a printed publication in sheet
form, intended for general circulation, published regularly at intervals of
not longer than a week, consisting in great part of news of current events
of general interest and sold to the public and to regular subscribers.
f) “online publication” means notices posted to the City’s website.
g) “Procedure By-law” means the By-law that outlines the process that Kitchener
City Council follows to adopt bylaws, pass resolutions, and conducts business.
It establishes rules of procedure by which Kitchener City Council and Standing
Committees function and facilitate public participation.
a)h)“published” means published in a daily or weekly newspaper, that, in the
opinion of the Clerk, has such circulation within the municipality as to provide
reasonable notice to those affected thereby.
b) “Regular Business Hours” means the time period(s) as defined in the location-
specific access procedures and/or signage of each City Facility.“published”
means published in a daily or weekly newspaper, that, in the opinion of the
Clerk, has such circulation within the municipality as to provide reasonable
notice to those affected thereby.
i)“Website” means the official City of Kitchener website at www.kitchener.ca.
3. SCOPE:
POLICY APPLIES TO THE FOLLOWING:
All Employees
All Full-Time Employees All Union
Management C.U.P.E. 68 Civic
Non Union C.U.P.E. 68 Mechanics
Temporary C.U.P.E. 791
Student I.B.E.W. 636
Part-Time Employees K.P.F.F.A.
Specified Positions only: City Clerk Other:
Council Local Boards & Advisory Committees
2 of 6
Policy No: ADM-COM-287
Policy Title: PUBLIC NOTICE - MUNICIPAL ACT 2001, AS AMENDED
Statutory notice to the public under the Act, other legislation or by-law,and Local
Improvement Notices,will be completed in accordance with this Policy as well as
any prescribed notice content, signage or mailing requirements.
Nothing in this Policy prevents the Clerk from using additional methods of notice
that, in the Clerk’s opinion, are more effective or provide a longer notice period.
Further, nothing in this Policy prevents the Clerk from using the public notification
methods contained in this Policy for matters not otherwise required under this
Policy.
This Policy does not apply to public relations materials including advertising,
posters, brochures or event program advertisements.
4. POLICY CONTENT:
1. Accordingly, Council has directed that where notice of intention to pass
certain by-laws or take certain actions at a public meeting is required to be
given for which notice requirements are not prescribed under the provisions
of the Municipal Act, 2001, as amended, or its regulations, such notice shall
be in the form and manner hereinafter set out:
a) The notice shall include the following information:
i) a description of the purpose for the meeting or the purpose and
effect of the proposed by-law;
ii) date, time and location of the meeting at which the matter will be
considered;
iii) a description of how and where comments and/or objections can
be made; and,
iv) contact information for the purpose of submitting written
comments, prior to the meeting, including any submission
deadline;
b) Notice shall be published in a newspaper;
c) Notice in the newspaper shall be given at least once, not less than nine
(9) days before the event the notice relates to;
d) Personal notice by registered mail or prepaid (regular) mail or personal
service shall be given in those situations where there are a limited
3 of 6
Policy No: ADM-COM-287
Policy Title: PUBLIC NOTICE - MUNICIPAL ACT 2001, AS AMENDED
number of people affected by the intention to pass a by-law pertaining
to the permanent closure or altering of a highway, the designation of a
highway as a controlled access highway or changing the name of a
highway or private road; and,
e) Where the notice relates to events affecting the fundamental structure
of the municipality such as a restructuring proposal, changing the mane
name of the municipality, changing the composition of Council and the
establishment of wards, a second notice shall be placed in the
newspaper, such that the notices are published in different weeks.
2. Where a legislated notice requirement under an Act or Regulation must be
provided and there are no suitable printed newspapers that meet the
definition of a Newspaper, notice shall be given in the form and manner set
out:
a) Notice to the public shall be posted on the “Public Consultations” page
of the City’s website for at least the two-week period immediately
preceding the Council or Committee meeting at which the matter will be
considered, and an opportunity is provided for members of the public to
speak to or submit correspondence regarding the matter.
b) Notice to the public given under this section is sufficient even if there are
times during the two-week period that the City’s website is not
accessible.
c) The Public Notice mayalso be sent to City Facilities for posting on
appropriate bulletin boards accessible to the public during Regular
Business Hours. Notices may also be sent to other community
stakeholders as determined by applicable staff.
d) Notice to the public given under this section shall contain the required
information from Section 1.
3. The form and manner of notice described in this Policy constitutes the
minimum notification required by Council; however, it is recognized that
circumstances may arise where it is advisable to extend the breadth of
notice to encompass other notice formats such as public agenda, verbal
notice at a public meeting, neighborhood newsletter, City-wide newsletter,
tax bill insert, and separate mailings to households.
2. In addition, the City is endeavoring to make extensive use of the website
for providing notice to the public of City Business and activities generally.
Staff is encouraged to exercise discretion in respect to additional notification
on a case-by-case basis.
4 of 6
Policy No: ADM-COM-287
Policy Title: PUBLIC NOTICE - MUNICIPAL ACT 2001, AS AMENDED
Exceptions
3.4.Notwithstanding the Notice requirements established by this Policy,
Council hereby acknowledges that no notice is required for any amendment
to the budget that would not impact on the City levy for general purposes or
the City capital budget and notice in the form of placement of a staff report
discussing the said amendments, on a Committee and/or Council agenda
shall be considered sufficient notice with respect to the following:
a) amendments to licensing by-laws, its Procedural By-law and any other
regulatory or administrative type by-laws for housekeeping purposes
which are deemed to be of a minor and/or administrative nature; and,
b) amendments to the budget that would impact on the City levy for
general purposes or the City capital budget.
Deferral
4.5. In the event consideration of certain actions at a public meeting for
which notice was required to be given is deferred or the proposed by-law is
not passed at the Council meeting specified on the notice, but deferred, no
further notice is required, if a public statement is made at the meeting that
the matter has been deferred and the municipality now intends to consider
the subject matter/by-law at a later Council meeting as specified in the
public statement. This applies to any further deferrals of the matters.
Emergency
5.6. If a matter arises, which in the opinion of the CAO, in consultation
with the Mayor, is considered to be of an urgent or time sensitive nature, or
which could affect the health or well-being of the residents of the City of
Kitchener, or if a State of Emergency is declared or if so advised by a
Provincial Ministry, the Clerk shall make best efforts to provide as much
prior notice as is reasonable under the circumstances or will provide notice
of the action as soon as possible following the actionand will present a
report to Council for ratification.
Applicability
6.7. The notice requirements set out in this policy apply to those
situations where the Municipality is required under the Municipal Act, 2001,
or its regulations, to give notice to the public of the municipality’s intention
to pass certain by-laws or take certain actions at a public meeting for which
5 of 6
Policy No: ADM-COM-287
Policy Title: PUBLIC NOTICE - MUNICIPAL ACT 2001, AS AMENDED
the form and manner of the notice has not been prescribed in the Municipal
Act, 2001 or other provincial legislation except where notice is otherwise
expressly provided in a by-law of The Corporation of the City of Kitchener.
5. HISTORY OF POLICY CHANGES
Administrative Updates
2016-06 - I-287 policy template re-formatted to new numbering systemand given
number ADM-COM-287.
Formal Amendments
No amendment history to date.
6 of 6
POLICY Policy No: FIN-GRA-785
Approval Date: April 13, 1993
Policy Title: SEWER SURCHARGE
REBATES
Reviewed Date: May 2017
Policy Type: COUNCIL
Next Review Date: May 2022
Category:Finance Reviewed Date:
Sub-Category:Grants, Rebates & Incentives
Last Amended:March 21, 2017
Author: Design & Approvals Engineer
Replaces:I-785, Sewer Surcharge
Rebates
Dept/Div: Infrastructure
Services/Engineering
Repealed:
Replacedby:
Related Policies, Procedures and/or Guidelines:
Rebate Policy Guidelines (found on The City of Kitchener’s website)
1. POLICY PURPOSE:
To provide a sanitary sewer rebate to customers that redirect water from the
sanitary sewer by means of an accepted use.
2. DEFINITIONS:
Certified engineering report for the purposes of this policy means a report
signed and sealed, by a licensed Professional Engineer verifying the volume of
water redirected from the sanitary sewer.
3. SCOPE:
POLICY APPLIES TO THE FOLLOWING:
All Employees
All Full-Time Employees All Union
Management C.U.P.E. 68 Civic
Non Union C.U.P.E. 68 Mechanics
Temporary C.U.P.E. 791
Student I.B.E.W. 636
Part-Time Employees K.P.F.F.A.
Specified Positions only: Design & Approvals Other:Customers who meets criteria for
Engineerrebate
Council Local Boards & Advisory Committees
1of 2
Policy No:FIN-GRA-785
Policy Title:SEWER SURCHARGE REBATES
This policy applies to customers that meet the criteria for a sanitary sewer rebate.
4. POLICY CONTENT:
1. That the past practice of providing annual sewer surcharge rebates be
continued in the following cases:
a) industrial process water
b) evaporation losses -(cooling, humidification)
c) ice making (arenas and outdoor rinks)
d) snow making, and further,
2. That rebates be provided following compliance with the foregoing criteria,
existing application procedures, and rebate policy guidelines as amended
from time to time, and further,
3. That rebates not be provided in the following cases:
a) public and private water amenities -(swimming pools, splash pads)
b) all lawn watering, and further,
4. That rebates only be provided in cases where the value exceeds $100.00
in any given year.
5. That rebates be provided upon receipt of a certified engineering report.
6. That rebates not be provided on a retroactive basis.
5. HISTORY OF POLICY CHANGES
Administrative Updates
2001-Dec-Minor updates
2016-06-01 - I-785 policy template reformatted to new numbering system and
given number FIN-GRA-785.
2017-08-09 - Minor Amendment
Formal Amendments
2017-03-21- As per CLT directive.
2 of 2
POLICY Policy No: FIN-GRA-785
Approval Date: April 13, 1993
Policy Title: SEWER SURCHARGE
REBATES
Reviewed Date: May 2017
Policy Type: COUNCIL
Next Review Date: May 2022
Category:Finance Reviewed Date:
Sub-Category:Grants, Rebates & Incentives
Last Amended:March 21, 2017
Author: Design & Approvals Engineer
Replaces:I-785, Sewer Surcharge
Rebates
Dept/Div: Infrastructure
Services/Engineering
Repealed:
Replacedby:
Related Policies, Procedures and/or Guidelines:
Rebate Policy Guidelines (found on The City of Kitchener’s website)
1. POLICY PURPOSE:
To provide a sanitary sewer rebate to customers that redirect water from the
sanitary sewer by means of an accepted use.
2. DEFINITIONS:
Certified engineering report for the purposes of this policy means a report
signed and sealed, by a licensed Professional Engineer verifying the volume of
water redirected from the sanitary sewer.
3. SCOPE:
POLICY APPLIES TO THE FOLLOWING:
All Employees
All Full-Time Employees All Union
Management C.U.P.E. 68 Civic
Non Union C.U.P.E. 68 Mechanics
Temporary C.U.P.E. 791
Student I.B.E.W. 636
Part-Time Employees K.P.F.F.A.
Specified Positions only: Design & Approvals Other:Customers who meets criteria for
Engineerrebate
Council Local Boards & Advisory Committees
1of 2
Policy No:FIN-GRA-785
Policy Title:SEWER SURCHARGE REBATES
This policy applies to customers that meet the criteria for a sanitary sewer rebate.
4. POLICY CONTENT:
1. That the past practice of providing annual sewer surcharge rebates be
continued in the following cases:
a) industrial process water
b) evaporation losses -(cooling, humidification)
c) ice making (arenas and outdoor rinks)
d) snow making, and further,
2. That rebates be provided following compliance with the foregoing criteria,
existing application procedures, and rebate policy guidelines as amended
from time to time, and further,
3. That rebates not be provided in the following cases:
a) public and private water amenities -(swimming pools, splash pads)
b) all lawn watering, and further,
4. That rebates only be provided in cases where the value exceeds $100.00
in any given year.
5. That rebates be provided upon receipt of a certified engineering report.
6. That rebates not be provided on a retroactive basis.
5. HISTORY OF POLICY CHANGES
Administrative Updates
2001-Dec-Minor updates
2016-06-01 - I-785 policy template reformatted to new numbering system and
given number FIN-GRA-785.
2017-08-09 - Minor Amendment
Formal Amendments
2017-03-21- As per CLT directive.
2 of 2
POLICY Policy No: GOV-BOA-010
Approval Date: June 25, 2012
Policy Title: NOMINATING COMMITTEE -
TERMS OF REFERENCE
Reviewed Date:October 2021
Policy Type: COUNCIL
Next Review Date:July 2026
Reviewed Date: October 2021
Category: Governance
Sub-Category: Board & Committee
Last Amended: September 2023
Replaces: I-010 - Nominating
Author: Council/Committee Services
Committee - Terms of
Reference
Dept/Div: Corporate Services/Legislated
Services
Repealed:
Replaced by:
Related Policies, Procedures and/or Guidelines:
Municipal Act, 2001, as amended
1. POLICY PURPOSE:
The purpose of the Nominating Committee is to assess applicants to Advisory
Committees of Council and Quasi-Judicial Tribunals on the basis of diverse
representation of the community, expertise/interest in an issue or topic area, and in
regard to each advisory committee’s Terms of Reference and present Council with a
list of qualified candidates for each committee.
2. DEFINITIONS:
“Advisory Committee” a committee created by Council, to report to Staff or a
designated Committee on a specific subject. These Committees do not deliver
municipal services, direct staff, or make decisions binding on the City.
“Chair” the role to facilitate and chair meetings.
“Composition” the number of members approved for the composition of the
Advisory Committee or Quasi-judicial Tribunal, including the balance between
Members of Council and residents and other members, and identification of any
organization outside the City that is invited to nominate a member. The
composition of each body will vary according to specific business and citizen
1 of 5
Policy No: GOV-BOA-010
Policy Title: NOMINATING COMMITTEE - TERMS OF REFERENCE
engagement objectives and is contained in the terms of reference for the advisory
body.
“Citizen Member” Kitchener residents who are not Council Members, City or
agency staff, or staff of City corporations or their subsidiaries. It does not indicate
Canadian citizenship and may include permanent residents, refugees, refugee
claimants, and residents without homes.
“Nominating Committee” the committee established by City Council that is
authorized to consider and recommend to Council the appointment of citizens to
various City Advisory Committees, Quasi-Judicial Tribunals and other bodies.
“MFIPPA” the Municipal Freedom of Information and Protection of Privacy Act
(MFIPPA) imposes mandatory confidentiality obligations on the City of Kitchener,
Members of Council, and members of advisory committees and quasi-judicial
tribunals of the City to refrain from disclosing personal information and to protect
the privacy of confidential information obtained in performance of their duties.
“Quasi-judicial Tribunal” the legislative structures to conduct hearings to decide on
individual cases.
“Quorum” the number of members comprising a majority of a committee that must
be present at any of its meetings to make the proceedings of that meeting valid.
3. SCOPE:
POLICY APPLIES TO THE FOLLOWING:
All Employees
All Full-Time Employees All Union
Management C.U.P.E. 68 Civic
Non Union C.U.P.E. 68 Mechanics
Temporary C.U.P.E. 791
Student I.B.E.W. 636
Part-Time Employees K.P.F.F.A.
Specified Positions only: Other: Nominating Committee
Council Local Boards & Advisory Committees
4. POLICY CONTENT:
4.1 Committee Composition and Reporting
2 of 5
Policy No:GOV-BOA-010
Policy Title: NOMINATING COMMITTEE -TERMS OF REFERENCE
(a) The Nominating Committee will be appointed by Council and comprised of five
community members, being representatives from:
Waterloo Region Community Foundation (WRCF) (President /Chief
Executive Officer or Director of Philanthropy or designate)
Kitchener Waterloo Multicultural Centre (Chief Executive Officer or
designate),
United Way Waterloo Region Community (UWayWRC) (Chief
Executive Officer or Vice-President of Strategy and Business
Development, or designate),
Capacity Waterloo Region (Chief Executive Officer or designate),
Greater Kitchener WaterlooChamber of Commerce (President/Chief
Executive Officer, or designate); and,
Staff will include:
(i) Director, Legislated Services, or designate,
(ii) Legislative Clerk, or designate.
(b) Composition of the Nominating Committee shall be supplemented by one
Equity Anti-Racism staff member when considering applications to the Equity
& Anti-Racism Advisory Committee.
(c) Typically, appointments will be made to the Nominating Committee six months
to one year prior to Council’s usual November appointments meeting.
(d) Citizen members of the Nominating Committee will not currently sit on any of
the City’s Advisory Committees and will not have sat on an Advisory Committee
for at least one year prior to being eligible for the Nominating Committee.
(d) All members will serve for a period of 2 years.
(e) The Committee will be Chaired by one of the appointees.
(f) Meetings will be held by video or teleconference or other such
communication method that allows all participants equal access to
communicate with one another.
(g) Meeting frequency will depend on the appointment cycle and ad hoc
meetings will occur as required to meet the obligations of Council’s
schedule.
3 of 5
Policy No: GOV-BOA-010
Policy Title: NOMINATING COMMITTEE - TERMS OF REFERENCE
(f) The Committee shall report directly to Council.When reporting to Council de-
anonymized demographic data for all applicants and those recommended for
selection shall be communicated to Striking Committee and Council to further
support that recommended appointments are reflective of the community as a
whole (diverse in terms of age, residency, race, gender identity, sexuality etc.).
4.2Quorum
(a) Quorum for the Nominating Committee is 3 members.
4.3 Responsibilities
The Nominating Committee will be responsible for:
(a) Implementing an accessible and inclusive advisory committee recruitment and
application process.
(b) Convening, as required, to fill Advisory Committee and Quasi-Judicial
vacancies. This may be at the call of the Chair or from a specific request of
Legislated Services staff with a vacancy/vacancies.
(c) Leveraging the equity toolkit provided by the Equity, Anti-Racism and
Indigenous initiatives division when reviewing and considering appointments to
Advisory Committees and Quasi-Judicial Tribunals.
(d) Participating in unconscious bias training as available and applicable.
(e) Reviewing applications for Advisory Committees and Quasi-Judicial Tribunals.
(f) Making decisions by consensus, where possible. Should consensus not be
reached, the Nominating Committee’s decisions shall bemade by a simple
majority vote of the members present at a meeting of the Nominating
Committee that has achieved quorum. Each member of the Nominating
Committee has one (1) vote. Staff does not have voting privileges but are
there in a facilitative and resource role.
(g) The Nominating Committee shall consider applications for the Equity, Anti-
Racism and Indigenous Initiatives Advisory Committee in consultation and
collaboration with the Senior Equity Advisor.
(h) Proposing a suggested list of candidates to Council for consideration,
ensuring a diversity lens has been applied and the matter of succession
4 of 5
Policy No: GOV-BOA-010
Policy Title: NOMINATING COMMITTEE - TERMS OF REFERENCE
planning has been considered.
Council will consider the eligible candidates and decide upon a slate of nominees for
appointment to each committee with eligibility for re-appointment for a maximum of two
additional terms.
5.HISTORY OF POLICY CHANGES
Administrative Updates
2016-07-01 - I-010 policy template re-formatted to new numbering system and
given number GOV-BOA-010.
2021-10-18 - Administrative updates – departmental name change.
Formal Amendments
2023-09-25 – Council approval COR-2023-377
5 of 5
POLICY Policy No: GOV-BOA-010
Approval Date:June 25, 2012
Policy Title:NOMINATING COMMITTEE -
TERMS OF REFERENCE
Reviewed Date:October 2021
Policy Type: COUNCIL
Next Review Date:July 2026
Reviewed Date: October 2021
Category:Governance
Sub-Category: Board & Committee
Last Amended: September 2023
Replaces: I-010 - Nominating
Author: Council/Committee Services
Committee - Terms of
Reference
Dept/Div: Corporate Services/Legislated
Services
Repealed:
Replaced by:
Related Policies, Procedures and/or Guidelines:
Municipal Act, 2001, as amended
1. POLICY PURPOSE:
The purpose of the Nominating Committee is to assess applicants to Advisory
Committees of Council and Quasi-Judicial Tribunals on the basis of diverse
representation of the community, expertise/interest in an issue or topic area, and in
regard to each advisory committee’s Terms of Reference and present Council with a
list of qualified candidates for each committee.
2. DEFINITIONS:
“Advisory Committee” a committee created by Council, to report to Staff or a
designated Committee on a specific subject. These Committees do not deliver
municipal services, direct staff, or make decisions binding on the City.
“Chair” the role to facilitate and chair meetings.
“Composition” the number of members approved for the composition of the
Advisory Committee or Quasi-judicial Tribunal, including the balance between
Members of Council and residents and other members, and identification of any
organization outside the Citythat is invited to nominate a member. The
composition of each body will vary according to specific business and citizen
engagement objectives and is contained in the terms of reference for the advisory
body.
1 of 5
Policy No:GOV-BOA-010
Policy Title: NOMINATING COMMITTEE -TERMS OF REFERENCE
“Citizen Member” Kitchener residents who are not Council Members, City or
agency staff, or staff of City corporations or their subsidiaries. It does not indicate
Canadian citizenship and may include permanent residents, refugees, refugee
claimants, and residents without homes.
“Nominating Committee”the committee established by City Council that is
authorized to consider and recommend to Council the appointment of citizens to
various City Advisory Committees, Quasi-Judicial Tribunals and other bodies.
“MFIPPA” the Municipal Freedom of Information and Protection of Privacy Act
(MFIPPA) imposes mandatory confidentiality obligations on the City of Kitchener,
Members of Council, and members of advisory committees and quasi-judicial
tribunals of the City to refrain from disclosing personal information and to protect
the privacy of confidential information obtained in performance of their duties.
“Quasi-judicial Tribunal”the legislative structures to conduct hearings to decide on
individual cases.
“Quorum” the number of members comprising a majority of a committee that must
be present at any of its meetings to make the proceedings of that meeting valid.
3. SCOPE:
POLICY APPLIES TO THE FOLLOWING:
All Employees
All Full-Time Employees All Union
Management C.U.P.E. 68 Civic
Non Union C.U.P.E. 68 Mechanics
Temporary C.U.P.E. 791
Student I.B.E.W. 636
Part-Time Employees K.P.F.F.A.
Specified Positions only: Other: Nominating Committee
Council Local Boards & Advisory Committees
4. POLICY CONTENT:
Committee Composition and Reporting
(a) The Nominating Committee will be appointed by Council and comprised of five
community members, being representatives from:
2 of 5
Policy No:GOV-BOA-010
Policy Title: NOMINATING COMMITTEE -TERMS OF REFERENCE
Waterloo Region Community Foundation (WRCF) (President /Chief
Executive Officer or Director of Philanthropy or designate)
Kitchener WaterlooMulticultural Centre (Chief Executive Officer or
designate),
United Way Waterloo Region Community (UWayWRC) (Chief
Executive Officer or Vice-President of Strategy and Business
Development, or designate),
Capacity Waterloo Region (Chief Executive Officer or designate),
GreaterKitchener WaterlooChamber of Commerce (President/Chief
Executive Officer, or designate); and,
Staff will include:
(i) Director, Legislated Services, or designate,
(ii) LegislativeClerk, or designate.
(b) Composition of the Nominating Committee shall be supplemented by one
Equity Anti-Racism staff member when considering applications to the Equity
& Anti-Racism Advisory Committee.
(c) Typically, appointments will be made to the Nominating Committee six months
to one year prior to Council’s usual November appointments meeting.
(d) Citizen members of the Nominating Committee will not currently sit on any of
the City’s Advisory Committees and will not have sat on an Advisory Committee
for at least one year prior to being eligible for the Nominating Committee.
(e) All members will serve for a period of 2 years.
(f) The Committee will be Chaired by one of the citizen appointees.
(g) Meetings will be held by video or teleconference or other such communication
method that allows all participants equal access to communicate with one
another.
(h) Meeting frequency will depend on the appointment cycle and ad hoc meetings
will occur as required to meet the obligations of Council’s schedule.
(i) The Committee shall report directly to Council.When reporting to Council de-
anonymized demographic data for all applicants and those recommended for
selection shall be communicated to Striking Committee and Council to further
3 of 5
Policy No:GOV-BOA-010
Policy Title: NOMINATING COMMITTEE -TERMS OF REFERENCE
support that recommended appointments are reflective of the community as a
whole (diverse in terms of age, residency, race, gender identity, sexuality etc.).
Quorum
(a) Quorum for the Nominating Committee is 3 members.
Responsibilities
The Nominating Committee will be responsible for:
(a) Implementing an accessible and inclusive advisory committee recruitment and
application process.
(b) Convening, as required, to fill Advisory Committee and Quasi-Judicial
vacancies. This may be at the call of the Chair or from a specific request of
Legislated Services staff with a vacancy/vacancies.
(c) Leveraging the equity toolkit provided by the Equity, Anti-Racism and Indigenous
initiatives division when reviewing and considering appointments to Advisory
Committees and Quasi-Judicial Tribunals.
(d) Participating in unconscious bias training as available and applicable.
(e) Reviewing applications for Advisory Committees and Quasi-Judicial Tribunals.
(f) Making decisions by consensus, where possible. Should consensus not be
reached, the Nominating Committee’s decisions shall be made by a simple
majority vote of the members present at a meeting of the Nominating Committee
that has achieved quorum. Each member of the Nominating Committee has one
(1) vote. Staff does not have voting privileges but are there in a facilitative and
resource role.
(g) The Nominating Committee shall consider applications for the Equity, Anti-
Racism and Indigenous Initiatives Advisory Committee in consultation and
collaboration with the Senior Equity Advisor.
(h) Proposing a suggested list of candidates to Council for consideration,
ensuring a diversity lens has been applied and the matter of succession
planning has been considered.
4 of 5
Policy No:GOV-BOA-010
Policy Title: NOMINATING COMMITTEE -TERMS OF REFERENCE
(i) Council will consider the eligible candidates and decide upon a slate of nominees
for appointment to each committee with eligibility for re-appointment for a
maximum of two additional terms.
5. HISTORY OF POLICY CHANGES
Administrative Updates
2016-07-01-I-010 policy template re-formatted to new numbering system and
given number GOV-BOA-010.
2021-10-18- Administrative updates – departmental name change.
Formal Amendments
2023-09-25 – Council approval COR-2023-377
5 of 5
POLICY Policy No: GOV-BOA-060
Approval Date: August 27, 2001
Policy Title: ADVISORY COMMITTEES
Policy Type: COUNCIL Reviewed Date: June 2016
Next Review Date: July 2021
Category: Governance
Sub-Category: Board & Committee
Last Amended: September 8, 2008
Author: City Clerk, Director of
Legislated Services
Replaces: I-060, Advisory
Committees
Dept/Div: Finance & Corporate Services
Department, Legislated
Repealed:
Services
Replacedby:
Related Policies, Procedures and/or Guidelines:
To be included at next review.
1. POLICY PURPOSE:
Advisory Committees are established by Council and typically consist ofpublic
members who are appointed by Council and provide recommendations to
Council.
2. DEFINITIONS:
“Advisory Committees” those committees, whose members are appointed by
Council, to provide advice and recommendations to Council as requested on
areas within their mandates with no authority for decision making or independent
actions.
"Chair" the individual appointed by a Committee to act as the Chair of the
Committee at any given meeting.
“City” the Corporation of the City of Kitchener.
"Clerk" the person appointed by Council under Section 228 of the Municipal Act,
2001, S.O. 2001, c. 25. d).
"Member" an individual who has been appointed by Council as a member of an
Advisory Committee, Quasi-Judicial Tribunal or Board.
1 of 3
Policy No: GOV-BOA-060
Policy Title: ADVISORY COMMITTEES
"Staff" the City staff member(s) who provide administrative and legislative
assistance.
Vice-Chair” means the individual appointed by a Committee to act as the Vice-
Chair of the Committee at any given meeting and shall assume the authority and
perform all the
duties of the Chair in the absence of the Chair.
3. SCOPE:
POLICY APPLIES TO THE FOLLOWING:
All Employees
All Full-Time Employees All Union
Management C.U.P.E. 68 Civic
Non Union C.U.P.E. 68 Mechanics
Temporary C.U.P.E. 791
Student I.B.E.W. 636
Part-Time Employees K.P.F.F.A.
Specified Positions only: City Clerk Other:
Council Local Boards & Advisory Committees
4. POLICY CONTENT:
Advisory Committee Structure
That the following Advisory Committee structure be established subject to
Council review:
a) Arts & Culture Advisory Committee
b) Safe & Healthy Community Advisory Committee
c) Heritage Kitchener Committee
d) Downtown Action & Advisory Committee
e) Economic Development Committee
f) Environment Committee
g) Cycling & trails Advisory Committee
h) Compass Kitchener Committee
2 of 3
Policy No: GOV-BOA-060
Policy Title: ADVISORY COMMITTEES
NOTE:See individual policies for each Committee’s membership and mandate.
Chair and Vice-Chair System
A Chair and Vice-Chair System be adopted for each Advisory Committee, with a
member of Council may sit as either Chair or Vice-chair.
Sub-committees
Where an Advisory Committee feels a sub-committee(s) is required, such
committee be ad hoc in nature, with a specific, clearly articulated mandate, and
be reviewed annually to determine whether they need to continue.
Membership on sub-committees may be expanded, if required, to include people
who are not Advisory Committee members, to benefit from individual expertise.
5. HISTORY OF POLICY CHANGES
Administrative Updates
2016-06-01 - I-060 policy template re-formatted to new numbering system and
given number GOV-BOA-060
2017-08-04 - Minor edits relating to names of Committees.
Formal Amendments
2008-09-08 - As per Council’s directive.
3 of 3
POLICY Policy No: GOV-BOA-060
Approval Date: August 27, 2001
Policy Title: ADVISORY COMMITTEES
Policy Type: COUNCIL Reviewed Date: June 2016
Next Review Date: July 2021
Category: Governance
Sub-Category: Board & Committee
Last Amended: September 8, 2008
Author: City Clerk, Director of
Legislated Services
Replaces: I-060, Advisory
Committees
Dept/Div: Finance & Corporate Services
Department, Legislated
Repealed:
Services
Replaced by:
Related Policies, Procedures and/or Guidelines:
To be included at next review.
1. POLICY PURPOSE:
Advisory Committees are established by Council and typically consist of public
members who are appointed by Council and provide recommendations to
Council.To be included at next review.
2. DEFINITIONS:
ees, whose members are appointed by
Council, to provide advice and recommendations to Council as requested on
areas within their mandates with no authority for decision making or independent
actions.
"Chair" the individual appointed by a Committee to act as the Chair of the
Committee at any given meeting.
the City of Kitchener.
"Clerk" the person appointed by Council under Section 228 of the Municipal Act,
2001, S.O. 2001, c. 25. d).
"Member" an individual who has been appointed by Council as a member of an
Advisory Committee, Quasi-Judicial Tribunal or Board.
1 of 3
Policy No: GOV-BOA-060
Policy Title: ADVISORY COMMITTEES
"Staff" the City staff member(s) who provide administrative and legislative
assistance.
by a Committee to act as the Vice-
Chair of the Committee at any given meeting and shall assume the authority and
perform all the
duties of the Chair in the absence of the Chair.
To be included at next review
3. SCOPE:
POLICY APPLIES TO THE FOLLOWING:
All Employees
All Full-Time Employees All Union
Management C.U.P.E. 68 Civic
Non Union C.U.P.E. 68 Mechanics
Temporary C.U.P.E. 791
Student I.B.E.W. 636
Part-Time Employees K.P.F.F.A.
Specified Positions only: City Clerk Other:
Council Local Boards & Advisory Committees
To be included at next review.
4. POLICY CONTENT:
Advisory Committee Structure
That the revised following Advisory Committee structure be established subject
report of the Council/Staff Working Group
dated August 14, 2001, be approved (as amended)
a) Arts & Culture Advisory Committee
b) Safe & Healthy Community Advisory Committee
c) Heritage Kitchener Committee
d) Downtown Action & Advisory Committee
e) Economic Development Committee
2 of 3
Policy No: GOV-BOA-060
Policy Title: ADVISORY COMMITTEES
f) Environment Committee
g) Cycling & trails Advisory Committee
h) Compass Kitchener Committee
NOTE: See individual policies for each Co
Chair and Vice-Chair System
A Chair and Vice-Chair System be adopted for each Advisory Committee, with a
member of Council may sit as either Chair or Vice-chair.
Sub-committees
Where an Advisory Committee feels a sub-committee(s) is required, such
committee be ad hoc in nature, with a specific, clearly articulated mandate, and
be reviewed annually to determine whether they need to continue.
Membership on sub-committees may be expanded, if required, to include people
who are not Advisory Committee members, to benefit from individual expertise.
5. HISTORY OF POLICY CHANGES
Administrative Updates
2016-06-01 - I-060 policy template re-formatted to new numbering system and
given number GOV-BOA-060
2017-08-04 - Minor edits relating to names of Committees.
Formal Amendments
2008-09-08 - As per
3 of 3
Policy No: GOV-BOA-063
Policy Title: APPOINTMENT TO BOARDS & COMMITTEES
POLICY Policy No: GOV-BOA-063
Approval Date: September 8, 2008
Policy Title: APPOINTMENT TO BOARDS &
COMMITTEES
Reviewed Date: July 2016
Policy Type: COUNCIL
Next Review Date: July 2021
Category: Governance
Last Amended: October 1, 2012
Sub-Category: Board & Committee
Author: City Clerk, Director of Legislated
Replaces: I-063, Appointment to
Services
Boards & Committees
Dept/Div: Corporate Services Department,
Repealed:
Legislated Services
Replaced by:
Related Policies, Procedures and/or Guidelines:
To be included at next review.
1. POLICY PURPOSE:
The purpose of this policy is to define the City’s advisory committee and board
structures, and provide consistent and transparent process for public appointments
to advisory committees and local boards at the City of Kitchener.
2.DEFINITIONS:
“Advisory Committees” those committees, whose members are appointed by Council, to
provide advice and recommendations to Council as requested on areas within their
mandates with no authority for decision making or independent actions.
"Chair" the individual appointed by a Committee to act as the Chair of the Committee at
any given meeting.
“City” the Corporation of the City of Kitchener.
"Clerk" the person appointed by Council under Section 228 of the Municipal Act, 2001,
S.O. 2001, c. 25. d).
Policy No: GOV-BOA-063
Policy Title: APPOINTMENT TO BOARDS & COMMITTEES
“Local Boards” those established by legislation and members are appointed by Council.
They have authority to address their responsibilities as determined under the relevant
legislation. Examples include the Kitchener Public Library Board, Kitchener Housing Inc.
Board, Centre in the Square Board of Management, Downtown Kitchener Business
Improvement Area Board of Management and the Belmont Business Improvement Area
Board of Management.
"Member" an individual who has been appointed by Council as a member of an Advisory
Committee, Quasi-Judicial Tribunal or Board.
"Nominating Committee" a Committee established by Council, which makes
recommendations to Council regarding the appointment of members of the public to all
Advisory Committees and Quasi-Judicial Tribunals. They receive and review all
applications from members of the public who wish to serve on Committees or Tribunal.
“Quasi-Judicial Tribunals” operate independently from the City and hold hearings to
resolve disputes, regulate activities, adjudicate on matters and determine legal rights
and benefits.
"Scoring Matrix" a scorecard used to compare basic quantitative and qualitative
suitability of candidates.
"Staff" the City staff member(s) who provide administrative and legislative assistance.
“Statutory Committees” those permitted or required by provincial legislation and perform
functions as specified in the relevant legislation. Examples include the Committee of
Adjustment, Property Standards Committee, Municipal Election Audit Compliance
Committee, Accessibility Advisory Committee, and the Heritage Kitchener Committee.
“Vice-Chair” means the individual appointed by a Committee to act as the Vice-Chair of
the Committee at any given meeting and shall assume the authority and perform all the
duties of the Chair in the absence of the Chair.
3. SCOPE:
POLICY APPLIES TO THE FOLLOWING:
All Employees
All Full-Time Employees All Union
Management C.U.P.E. 68 Civic
Non Union C.U.P.E. 68 Mechanics
Temporary C.U.P.E. 791
Student I.B.E.W. 636
Part-Time Employees K.P.F.F.A.
Specified Positions only: City Clerk Other:
Council Local Boards & Advisory Committees
Policy No: GOV-BOA-063
Policy Title: APPOINTMENT TO BOARDS & COMMITTEES
This Policy shall govern the actions of Legislated Services staff, Council and the
Nominating Committee formed by Council to make recommendations to Council
regarding appointments.
This Policy does not apply to provincial appointments made by the Order of Council.
4. POLICY CONTENT:
1. Recruitment for Advisory Committees, Quasi-Judicial Tribunals and Local Boards
1.1 There are three occasions when recruitment occurs.
a) Immediately after a municipal election.
b) In the last quarter of year 2 of the Council term.
c) As vacancies occur throughout the year.
1.2 A notice of call for applications will be issued by Legislated Services in
accordance with Section 1.4 of this Policy.
1.3 The notice of the call for applications will include:
Name of the Committee or Board;
The number of positions to fill;
Eligibility criteria, key qualifications and desired competencies, if
applicable;
Process for submitting applications and deadline for receipt of
applications;
Direction to detailed information about the committee/board, current
members and meeting times; and
Note regarding the confidentiality of personal information.
1.4 The following methods may be used to provide notice of recruitment:
The City’s website through the Boards and Committee web page;
The City’s social media accounts;
Printed newspapers including cultural and ethnic newspapers;
Printed publications posted at community facilities;
Direct email from city staff, council and/or agency stakeholders; or
Workshops and/or focus groups, and
Any other notice mechanism deemed eligible by the Clerk.
1.5 Persons wishing to apply to an Advisory Committee, Quasi-Judicial Tribunal or
Board must complete an Application Form and provide any required or optional
support material in the prescribed format.
1.6 Complete Application Forms are to be submitted on or before the application
deadline.
1.7 Alternate methods of submissions may be made available upon request.
Policy No: GOV-BOA-063
Policy Title: APPOINTMENT TO BOARDS & COMMITTEES
1.8Applications will be received un 11:59 p.m. on the specified date. Applications
received after the submission deadline and for non-advertised vacancies shall
not be considered, but may be retained to fill future vacancies.
1.9 All personal information will be treated in confidence and protected pursuant to
the Municipal Freedom of Information and Protection of Privacy Act.
2. Demographic Diversity Information
2.0 To enable the City to achieve its objectives for access, equity and diversity
and to assist the City in its efforts to appoint Committees, Tribunals and
Boards that collectively reflect the diversity of the community, applicants
are encouraged but not required to include self-identified information in their
applications.
2.1 The application will include a self-identification form where applicants can
provide information about their gender, age group, Aboriginal status, racial group,
disability status, and sexual orientation.
2.2 Self-identified diversity data (applicant pool, short-listed candidates, appointed
members) may be monitored and reported on in summary form at different
stages of the selection process. The identities of specific candidates shall be kept
confidential.
2.3 The purpose of this monitoring is to assess how well diversity objectives have
been met and ascertain what improvements could be made such as targeted
outreach or removing barriers to participation.
3. Eligibility Requirement
3.1 Except where eligibility requirements are legislatively controlled or set by Policy,
members appointed to Advisory Committees, Tribunals or Boards must either
reside, work or own property in the City of Kitchener to be eligible for appointment.
Staff shall, to the best of their ability, make this determination and where one of
the above cannot be substantiated, advise Council through the appointment
meeting notice or addendum.
3.2 If during the term of the appointment a Member no longer meets the eligibility
requirement referenced herein, they are required to advise the City Clerk in
writing of the change, prior to the date Council next meets to make annual
appointments, on which date that member’s term will expire, if the member has
not resigned in the intervening period.
4. Term and Length of Service
4.1 Members will be appointed for a period of time set out in the Terms of Reference
for the applicable Committee or Board, and will continue to serve until any of the
following scenarios occur:
i) Their term expires;
Policy No: GOV-BOA-063
Policy Title: APPOINTMENT TO BOARDS & COMMITTEES
ii) Their appointment is revoked by Council;
iii) They no longer meet the required Eligibility; and,
iii) The Board or Committee to which they are appointed is dissolved by
Council.
4.2 Notwithstanding Section 4.1, Members shall continue to be appointed and serve
beyond their term of appointment until the appointment of successors.
A Member may only be appointed to the same committee for a maximum number
of 8 consecutive years.
4.3 Any appointment to fill an unexpired term shall not be considered as part of the
calculation with respect to the maximum term.
4.4 Any individual will be eligible for re-appointment to the same board or committee
only if a minimum period of 1 year has elapsed between the completion of an 8-
year maximum term and the commencement of the new term.
4.5 Applicants are to be appointed to only one committee at any one time.
5. Boards
5.1 Where a Board has established a Nominating Committee they will forward their
nominations for Board vacancies to Council by the required date set by staff.
5.2 Council will consider the nominations and decide whether to accept or refer the
nominations back to the Board’s Nominating Committee.
5.3 Where a Board has not established a Nominating Committee, staff will advertise
for applications, setting deadlines for submission and present the applications for
Council’s consideration.
6. Advisory Committees
6.1 Advisory Committee Structure
That City’s Advisory Committee structure shall consist of:
a) Arts & Culture Advisory Committee
b) Safe & Healthy Community Advisory Committee
c) Heritage Kitchener Committee
d) Downtown Advisory Committee
e) Economic Development Committee
f) Climate Change and the Environment Committee
Policy No: GOV-BOA-063
Policy Title: APPOINTMENT TO BOARDS & COMMITTEES
g) Active Transportation and Trails Advisory Committee
h) Compass Kitchener Committee
NOTE: See individual policies for each Committee’s membership and mandate.
6.2 Chair and Vice-Chair System
A Chair and Vice-Chair System shall be adopted for each Advisory Committee,
or in its place Co-Chairs may be appointed by the Committee.
A member of Council may sit as either Chair, Vice-Chair or Co-Chair.
6.3 Sub-committees
Where an Advisory Committee feels a sub-committee(s) is required, such
committee be ad hoc in nature, with a specific, clearly articulated mandate, and
be reviewed annually to determine whether they need to continue.
Membership on sub-committees may be expanded, if required, to include people
who are not Advisory Committee members, to benefit from individual expertise.
6.4 Nominating Committee
A Nominating Committee will be appointed by Council comprised of five community
members and City staff persons as prescribed by the Nominating Committee
Terms of Reference (GOV-BOA-010).
Following an accessible and inclusive recruitment and application process, the
Nominating Committee will assess applicants to Advisory Committees on the basis
of expertise / interest and in light of each committee’s Terms of Reference, use a
Scoring Matrix to evaluate candidate applications, and present Council with a list of
qualified candidates for each committee.
Council will consider the eligible candidates and decide upon a slate of nominees
for appointment to each committee with eligibility for re-appointment for a
maximum of two additional terms.
5. HISTORY OF POLICY CHANGES
Administrative Updates
2016-06-01 - I-063 policy template re-formatted to new numbering system and given
number GOV-BOA-063
Formal Amendments
2012-10-01 - As per Council/CLT directive.
Policy No: GOV-BOA-063
Policy Title: APPOINTMENT TO BOARDS & COMMITTEES
POLICY Policy No: GOV-BOA-063
Approval Date: September 8, 2008
Policy Title: APPOINTMENT TO BOARDS &
COMMITTEES
Reviewed Date: July 2016
Policy Type: COUNCIL
Next Review Date: July 2021
Category: Governance
Last Amended: October 1, 2012
Sub-Category: Board & Committee
Author: City Clerk, Director of Legislated
Replaces: I-063, Appointment to
Services
Boards & Committees
Dept/Div: Finance & Corporate Services
Repealed:
Department, Legislated Services
Replaced by:
Related Policies, Procedures and/or Guidelines:
To be included at next review.
1. POLICY PURPOSE:
structures, and provide consistent and transparent process for public appointments
to advisory committees and local boards at the City of Kitchener.To be included at
next review.
2. DEFINITIONS:
members are appointed by Council, to provide advice and recommendations to Council
as requested on areas within their mandates with no authority for decision making or
independent actions.
"Chair" the individual appointed by a Committee to act as the Chair of the Committee at
any given meeting.
"Clerk" the person appointed by Council under Section 228 of the Municipal Act, 2001,
S.O. 2001, c. 25. d).
Policy No: GOV-BOA-063
Policy Title: APPOINTMENT TO BOARDS & COMMITTEES
They have authority to address their responsibilities as determined under the relevant
legislation. Examples include the Kitchener Public Library Board, Kitchener Housing Inc.
Board, Centre in the Square Board of Management, Downtown Kitchener Business
Improvement Area Board of Management and the Belmont Business Improvement Area
Board of Management.
"Member" an individual who has been appointed by Council as a member of an Advisory
Committee, Quasi-Judicial Tribunal or Board.
"Nominating Committee" a Committee established by Council, which makes
recommendations to Council regarding the appointment of members of the public to all
Advisory Committees and Quasi-Judicial Tribunals. They receive and review all
applications from members of the public who wish to serve on Committees or Tribunal.
resolve disputes, regulate activities, adjudicate on matters and determine legal rights
and benefits.
"Scoring Matrix" a scorecard used to compare basic quantitative and qualitative
suitability of candidates.
"Staff" the City staff member(s) who provide administrative and legislative assistance.
functions as specified in the relevant legislation. Examples include the Committee of
Adjustment, Property Standards Committee, Municipal Election Audit Compliance
Committee, Accessibility Advisory Committee, and the Heritage Kitchener Committee.
the Committee at any given meeting and shall assume the authority and perform all the
duties of the Chair in the absence of the Chair.
3. SCOPE:
POLICY APPLIES TO THE FOLLOWING:
All Employees
All Full-Time Employees All Union
Management C.U.P.E. 68 Civic
Non Union C.U.P.E. 68 Mechanics
Temporary C.U.P.E. 791
Student I.B.E.W. 636
Part-Time Employees K.P.F.F.A.
Specified Positions only: City Clerk Other:
Council Local Boards & Advisory Committees
Policy No: GOV-BOA-063
Policy Title: APPOINTMENT TO BOARDS & COMMITTEES
This Policy shall govern the actions of Legislated Services staff, Council and the
Nominating Committee formed by Council to make recommendations to Council
regarding appointments.
This Policy does not apply to provincial appointments made by the Order of Council. To
be included at next review.
4. POLICY CONTENT:
1. Recruitment for Advisory Committees, Quasi-Judicial Tribunals and Local Boards
1.1 There are three occasions when recruitment occurs.
a) Immediately after a municipal election.
b) In the last quarter of year 2 of the Council term.
c) As vacancies occur throughout the year.
1.2 A notice of call for applications will be issued by Legislated Services in
accordance with Section 1.4 of this Policy.
1.3 The notice of the call for applications will include:
Name of the Committee or Board;
The number of positions to fill;
Eligibility criteria, key qualifications and desired competencies, if
applicable;
Process for submitting applications and deadline for receipt of
applications;
Direction to detailed information about the committee/board, current
members and meeting times; and
Note regarding the confidentiality of personal information.
1.4 The following methods may be used to provide notice of recruitment:
Printed newspapers including cultural and ethnic newspapers;
Printed publications posted at community facilities;
Direct email from city staff, council and/or agency stakeholders; or
Workshops and/or focus groups, and
Any other notice mechanism deemed eligible by the Clerk.
1.5 Persons wishing to apply to an Advisory Committee, Quasi-Judicial Tribunal or
Board must complete an Application Form and provide any required or optional
support material in the prescribed format.
1.6 Complete Application Forms are to be submitted on or before the application
deadline.
1.7 Alternate methods of submissions may be made available upon request.
Policy No: GOV-BOA-063
Policy Title: APPOINTMENT TO BOARDS & COMMITTEES
1.8 Applications will be received un 11:59 p.m. on the specified date. Applications
received after the submission deadline and for non-advertised vacancies shall
not be considered, but may be retained to fill future vacancies.
1.9 All personal information will be treated in confidence and protected pursuant to
the Municipal Freedom of Information and Protection of Privacy Act.
2. Demographic Diversity InformationAppointments
2.0 To enable the City to achieve its objectives for access, equity and diversity
and to assist the City in its efforts to appoint Committees, Tribunals and
Boards that collectively reflect the diversity of the community, applicants
are encouraged but not required to include self-identified information in their
applications.
2.1 The application will include a self-identification form where applicants can
provide information about their gender, age group, Aboriginal status, racial group,
disability status, and sexual orientation.
2.2 Self-identified diversity data (applicant pool, short-listed candidates, appointed
members) may be monitored and reported on in summary form at different
stages of the selection process. The identities of specific candidates shall be kept
confidential.
2.3 The purpose of this monitoring is to assess how well diversity objectives have
been met and ascertain what improvements could be made such as targeted
outreach or removing barriers to participation.
1.
2.
3. 1.1 Council may appoint members of the public to boards and committees whether
the board or committee was established by Council or another agency with a request
that Council make an appointment.
4.
5. 1.2 A special meeting of Council shall be held annually or when required to consider
applications for appointments to boards and committees.
6.
7.3. 2. Eligibility Requirement
3.1 Except for boards and commiwhere ttees whose eligibility requirements are
legislatively controlled or set by Policy, lay members appointed to boards and
Advisory committees Committees, Tribunals or Boards must either reside, work or
own property in the City of Kitchener to be eligible for appointment. Staff shall, to
the best of their ability, make this determination and where one of the above
cannot be substantiated, advise Council through the appointment meeting notice
or addendum.
Policy No: GOV-BOA-063
Policy Title: APPOINTMENT TO BOARDS & COMMITTEES
3.2 If during the term of the appointment a Mmember of a board or committee no
longer meets the eligibility
requirement referenced herein, they are required to advise the City Clerk in
writing of the change, prior to the date Council next meets to make annual
not resigned in the intervening period.
Term and
1.1 Council may appoint members of the public to boards and committees whether
the board or committee was established by Council or another agency with a request
that Council make an appointment.
1.2 A special meeting of Council shall be held annually or when required to consider
applications for appointments to boards and committees.
8.
9.4. 3. Length of Service
3.1 4.1 Members will be appointed for a period of time set out in the Terms of
Reference
for the applicable Committee or Board, and will continue to serve until any of the
following scenarios occur:
i) Their term expires;
ii) Their appointment is revoked by Council;
iii) They no longer meet the required Eligibility; and,
iii) The Board or Committee to which they are appointed is dissolved by
Council.
4.2 Notwithstanding Section 4.1, Members shall continue to be appointed and serve
beyond their term of appointment until the appointment of successors.
A Member n individual may only be appointed to the same committee for a
maximum number
of 8 consecutive years.
4.3 3.2 Any appointment to fill an unexpired term shall not be considered as part
of the
calculation with respect to the maximum term.
4.4 3.3 Any individual will be eligible for re-appointment to the same board or
committee
only if a minimum period of 1 year has elapsed between the completion of an 8-
year maximum term and the commencement of the new term.
Policy No: GOV-BOA-063
Policy Title: APPOINTMENT TO BOARDS & COMMITTEES
4.5 3.4 Applicants are to be appointed to only one committee at any one time.
4.
10.5. Boards
45.1 Where a Board has established a Nominating Committee they will forward their
nominations for Board vacancies to Council by the required date set by staff.
5.2
Council will consider the nominations and decide whether to accept or refer the
5.3 4. 2 Where a Board has not established a Nominating Committee, staff
will advertise for applications, setting deadlines for submission and present the
11.6. 5. Advisory Committees
56.1 Advisory Committee Structure
a) Arts & Culture Advisory Committee
b) Safe & Healthy Community Advisory Committee
c) Heritage Kitchener Committee
d) Downtown Advisory Committee
e) Economic Development Committee
f) Climate Change and the Environment Committee
g) Active Transportation and Trails Advisory Committee
h) Compass Kitchener Committee
NOTE:
6.2 Chair and Vice-Chair System
A Chair and Vice-Chair System shall be adopted for each Advisory Committee,
or in its place Co-Chairs may be appointed by the Committee.
A member of Council may sit as either Chair, Vice-Chair or Co-Chair.
Policy No: GOV-BOA-063
Policy Title: APPOINTMENT TO BOARDS & COMMITTEES
6.3 Sub-committees
Where an Advisory Committee feels a sub-committee(s) is required, such
committee be ad hoc in nature, with a specific, clearly articulated mandate, and
be reviewed annually to determine whether they need to continue.
Membership on sub-committees may be expanded, if required, to include people
who are not Advisory Committee members, to benefit from individual expertise.
6.4 Nominating Committee
A Nominating Committee will be appointed by Council comprised of five community
members and one City staff persons as prescribed by the Nominating Committee
Terms of Reference (GOV-BOA-010). The Committee will be chaired by one of the
citizen appointees. Staff does not have voting privileges but are there in a
facilitative and resource role.
Note: For the purposes of implementing this policy, Council will appoint a
Nominating Committee to come into effect September 2008 to serve for the
remainder of the current term of Council.
5.2 Citizen members of the Nominating Committee will not currently sit on
5.3 The Nominating Committee shall convene, at the call of the Chair, to fill
Advisory Committee vacancies as they occur.
5.4 That fFollowing an accessible and inclusive recruitment and application
process, the Nominating Committee will assess applicants to Advisory Committees
Reference, use a Scoring Matrix to evaluate candidate applications, and present
Council with a list of qualified candidates for each committee.
5.5 Council will consider the eligible candidates and decide upon a slate of
nominees for appointment to each committee for a term of 2 years with eligibility for
re-appointment for a maximum of two additional terms.
5. HISTORY OF POLICY CHANGES
Administrative Updates
2016-06-01 - I-063 policy template re-formatted to new numbering system and given
number GOV-BOA-063
Formal Amendments
2012-10-01 - As per Council/CLT directive.
POLICY Policy No: GOV-BOA-066
Approval Date: December 13, 2004
Policy Title: AUDIT COMMITTEE -
TERMS OF REFERENCE
Reviewed Date: July 2016
Policy Type: COUNCIL
Next Review Date:July 2021
Category: Governance
Last Amended: June 13, 2011
Sub-Category: Board & Committee
Replaces: I-66, Audit Committee,
Author: City Clerk, Director of
Terms of Reference
Legislated Services
Repealed:
Dept/Div: Finance & Corporate Services,
Legislated Services
Replaced by:
Related Policies, Procedures and/or Guidelines:
To be included at next review.
1. POLICY PURPOSE:
The Audit Committee is a sub-committee of the Finance & Corporate Services
Standing Committee which will deal with detailed matters relating to: corporate
financial statements; the audit process, general oversight of financial
controls/reporting; compliance with financial regulations/policies; and, risk
management.
2. DEFINITIONS:
on of the City of Kitchener;
the Audit Committee;
nted for the City as required by the
Municipal Act;
processes, and procedures developed to:
i. Safeguard assets;
ii. Ensure the accuracy of the financial data;
iii. Promote operational efficiency; and
iv. Promote adherence to policies.
1 of 4
Policy No: GOV-BOA-066
Policy Title: AUDIT COMMITTEE - TERMS OF REFERENCE
ted official of the City;
l appointed to the Committee;
By-law which provides the Rules of
Procedure for Council and its Committees.
3. SCOPE:
POLICY APPLIES TO THE FOLLOWING:
All Employees
All Full-Time Employees All Union
Management C.U.P.E. 68 Civic
Non Union C.U.P.E. 68 Mechanics
Temporary C.U.P.E. 791
Student I.B.E.W. 636
Part-Time Employees K.P.F.F.A.
Specified Positions only: Other:
Council Local Boards & Advisory Committees
4. POLICY CONTENT:
Committee Composition and Reporting.
Voting members:
Resources to the Committee, as required:
ve Officer (CAO)
the Audit Committee.
Meetings will be held quarterly or at the call of the Chair and minutes will be
kept by the Clerk or designate who will distribute the minutes to all of Council
2 of 4
Policy No: GOV-BOA-066
Policy Title: AUDIT COMMITTEE - TERMS OF REFERENCE
and the Corporate Leadership Team. All meetings shall be conducted in
The Committee shall report directly to Council.
Responsibilities
(a) Review audited corporate financial statements annually.
(b) Approve internal audit plans annually & provide recommendations for
areas of focus and types of audits.
(c ) Oversee the selection process for the external auditor, including
approving the appointment and fees.
(d) Approve external audit plans, including consideration of financial risk
management issues and the required internal control framework.
(e) Provide a forum for discussions with external auditor if and when
necessary.
(f) Responsible for resolution of disagreements between management and
the external auditor (if they arise).
(g) Have general oversight of internal controls, financial reporting, and
compliance with regulations/policies.
(h) Review internal & external audit results & recommendations.
(i) Ensure that management has established and is maintaining a
comprehensive risk and control framework.
Term
Concurrent with term of Council (4 years).
Frequency of Meetings
As required, at minimum quarterly.
5. HISTORY OF POLICY CHANGES
Administrative Updates
2016-06-01 - I-066 policy template re-formatted to new numbering system and
given GOV-BOA-066.
3 of 4
Policy No: GOV-BOA-066
Policy Title: AUDIT COMMITTEE - TERMS OF REFERENCE
Formal Amendments
2005-05-16 - As per Council/CLT directive.
2011-06-13 - As per Council/CLT directive.
4 of 4
POLICY Policy No: GOV-BOA-066
Approval Date: December 13, 2004
Policy Title: AUDIT COMMITTEE -
TERMS OF REFERENCE
Reviewed Date: July 2016
Policy Type: COUNCIL
Next Review Date:July 2021
Category: Governance
Last Amended: June 13, 2011
Sub-Category: Board & Committee
Replaces: I-66, Audit Committee,
Author: City Clerk, Director of
Terms of Reference
Legislated Services
Repealed:
Dept/Div: Finance & Corporate Services,
Legislated Services
Replaced by:
Related Policies, Procedures and/or Guidelines:
To be included at next review.
1. POLICY PURPOSE:
The Audit Committee is a sub-committee of the Finance & Corporate Services
Standing Committee which will deal with detailed matters relating to: corporate
financial statements; the audit process, general oversight of financial
controls/reporting; compliance with financial regulations/policies; and, risk
management.
2. DEFINITIONS:
on of the City of Kitchener;
the Audit Committee;
;
City as required by the
Municipal Act;
1 of 4
Policy No: GOV-BOA-066
Policy Title: AUDIT COMMITTEE - TERMS OF REFERENCE
processes, and procedures developed to:
i. Safeguard assets;
ii. Ensure the accuracy of the financial data;
iii. Promote operational efficiency; and
iv. Promote adherence to policies;
ted official of the City;
l appointed to the Committee;
i)
ji
Procedure for Council and its Committees. To be included at next review.
a)
3. SCOPE:
POLICY APPLIES TO THE FOLLOWING:
All Employees
All Full-Time Employees All Union
Management C.U.P.E. 68 Civic
Non Union C.U.P.E. 68 Mechanics
Temporary C.U.P.E. 791
Student I.B.E.W. 636
Part-Time Employees K.P.F.F.A.
Specified Positions only: Other:
Council Local Boards & Advisory Committees
To be included at next review.
4. POLICY CONTENT:
Committee Composition and Reporting.
Voting members:
Resources to the Committee, as required:
ve Officer (CAO)
2 of 4
Policy No: GOV-BOA-066
Policy Title: AUDIT COMMITTEE - TERMS OF REFERENCE
Deputy CAO, Financial and Corporate ServicesChief Financial Officer
Accounting Reporting and ERP Solutions
Members will be appointed for the term of Council. The Mayor or Acting Mayor
in the Mayors absence, shall serve as Chair of the Audit Committee.
Meetings will be held quarterly or at the call of the Chair and minutes will be
kept by the committee secretary Clerk or designateCommittee Administrator
who will distribute the minutes to all of Council and the Corporate Leadership
Team. All meetings shall be conducted in accord
Procedural Procedure By-law.
The Committee shall report directly to Council.
Responsibilities
(a) Review audited corporate financial statements annually.
(b) Approve internal audit plans annually & provide recommendations for
areas of focus and types of audits.
(c ) Oversee the selection process for Approve of the external auditor,
including approving the appointment and fees selection & fees as
required.
(d) Approve external audit plans, including consideration of financial risk
management issues and the required internal control framework.
(e) Provide a forum for discussions with external auditor if and when
necessary.
(f) Responsible for resolution of disagreements between management and
the external auditor (if they arise).
(g) Have general oversight of internal controls, financial reporting, and
compliance with regulations/policies.
(h) Review internal & external audit results & recommendations.
(i) Ensure that management has established and is maintaining a
comprehensive risk and control framework.
Term
Concurrent with term of Council (4 years).
3 of 4
Policy No: GOV-BOA-066
Policy Title: AUDIT COMMITTEE - TERMS OF REFERENCE
Frequency of Meetings
As required, at minimum quarterly.
5. HISTORY OF POLICY CHANGES
Administrative Updates
2016-06-01 - I-066 policy template re-formatted to new numbering system and
given GOV-BOA-066.
Formal Amendments
2005-05-16 - As per Council/CLT directive.
2011-06-13 - As per Council/CLT directive.
4 of 4
POLICY Policy No: GOV-BOA-067
Approval Date: March 2, 2009
Policy Title: LONG SERVICE AWARD -
BOARDS & COMMITTEES
Reviewed Date: July 2016
Policy Type: COUNCIL
Next Review Date: July 2021
Category: Governance
Amended:
Sub-Category: Board & Committee
Replaces: I-67, Long Service Award-
Author: City Clerk, Director of
Boards & Committees
Legislated Services
Repealed:
Dept/Div: Finance & Corporate Services,
Legislated Services
Replaced by:
Related Policies, Procedures and/or Guidelines:
Municipal Act, 2001, S.O. 2001, c. 25.
GOV-BOA-063: Appointments to Boards and Committees Policy
1. POLICY PURPOSE:
To recognize the commitment made by citizen volunteers who were appointed by
Council to sit on City Advisory Committees, Quasi-Judicial Tribunals and Local
Boards save and except for members of the Kitchener Downtown Business
Improvement Area Board of Management, Belmont Business Improvement Area
Board of Management, Grand River Accessibility Advisory Committee and, Enova
Power Corporation.
2. DEFINITIONS:
“Advisory Committees” those committees, whose members are appointed by
Council, to provide advice and recommendations to Council as requested on areas
within their mandates with no authority for decision making or independent actions.
“City” the Corporation of the City of Kitchener.
"Clerk" the person appointed by Council under Section 228 of the Municipal Act,
2001, S.O. 2001, c. 25).
“Local Boards” those established by legislation and members are appointed by
Council. They have authority to address their responsibilities as determined under
the relevant legislation. Examples include the Kitchener Public Library Board,
1 of 3
Policy No: GOV-BOA-067
Policy Title: LONG SERVICE AWARD - BOARDS & COMMITTEES
Kitchener Housing Inc. Board, Centre in the Square Board of Management,
Downtown Kitchener Business Improvement Area Board of Management and the
Belmont Business Improvement Area Board of Management.
"Member" an individual who has been appointed by Council as a member of an
Advisory Committee, Quasi-Judicial Tribunal or Board.
“Quasi-Judicial Tribunals” operate independently from the City and hold hearings
to resolve disputes, regulate activities, adjudicate on matters and determine legal
rights and benefits.
"Staff" the City staff member(s) who provide administrative and legislative
assistance.
“Statutory Committees” those permitted or required by provincial legislation and
perform functions as specified in the relevant legislation. Examples include the
Committee of Adjustment, Property Standards Committee, Municipal Election
Audit Compliance Committee, Accessibility Advisory Committee, and the
Heritage Kitchener Committee.
3. SCOPE:
POLICY APPLIES TO THE FOLLOWING:
All Employees
All Full-Time Employees All Union
Management C.U.P.E. 68 Civic
Non Union C.U.P.E. 68 Mechanics
Temporary C.U.P.E. 791
Student I.B.E.W. 636
Part-Time Employees K.P.F.F.A.
Specified Positions only: City Clerk Other: Citizen Volunteer
Council Local Boards & Advisory Committees
This Policy applies to Members that have resigned or retired from an appointment
and meet the eligibility requirements provided in Section 4.1.
4. POLICY CONTENT:
4.1 Recognition Criteria
2 of 3
Policy No: GOV-BOA-067
Policy Title: LONG SERVICE AWARD - BOARDS & COMMITTEES
a)The following recognition will be given to citizen volunteers appointed
to Boards, Tribunalsand/or Committees under the jurisdiction of City
Council:
i) A Certificate of Service suitably displayed, for those whose
accumulated service is at least 2 years and less than 5 years;
or,
ii)An Award of Merit such as wooden plaque or other appropriate
display for those whose accumulated service is 5 years or more.
iii) In addition, the volunteer must have attended at least 70% of
the regularly scheduled Board or Committee meetings.
b)The City Clerk or designate will consult with the Chair of each
committee, tribunal orboard and the council representative to
ascertain if there are any extenuating circumstances that should be
considered in determining for eligibility for presentation.
4.2 Presentation
a)The above-noted recognition will be given to the citizen volunteer when
they have met the criteria and are no longer appointed to a committee,
tribunal or board.
b) Presentations will be made at a Council meeting and the respective
presentations be made by the member of Council who participated on
the said committee, tribunal or board during the previous year or, by
the Mayor where there was no Council representative on the
committee.
2. HISTORY OF POLICY CHANGES
Administrative Updates
2016-06-01 - I-067 policy template re-formatted to new numbering system and
given number GOV-BOA-067.
Formal Amendments
No amendment history to date.
3 of 3
POLICY Policy No: GOV-BOA-067
Approval Date: March 2, 2009
Policy Title: LONG SERVICE AWARD -
BOARDS & COMMITTEES
Reviewed Date: July 2016
Policy Type: COUNCIL
Next Review Date: July 2021
Category: Governance
Amended:
Sub-Category: Board & Committee
Replaces: I-67, Long Service Award-
Author: City Clerk, Director of
Boards & Committees
Legislated Services
Repealed:
Dept/Div: Finance & Corporate Services,
Legislated Services
Replaced by:
Related Policies, Procedures and/or Guidelines:
Municipal Act, 2001, S.O. 2001, c. 25.
GOV-BOA-063To be included at next review.: Appointments to Boards and Committees
Policy
1. POLICY PURPOSE:
To recognize the commitment made by citizen volunteers who were appointed by
Council to sit on City Advisory Committees, Quasi-Judicial Tribunals and Local
boards Boards and committees save and exceptfor members of the Kitchener
Downtown Business Improvement Area Board of Management, Belmont Business
ImprovementArea Board of Management, Grand River Accessibility Advisory
Committee and, Kitchener EnovaPower Corporation.
2. DEFINITIONS:
“Advisory Committees” those committees, whose members are appointed by
Council, to provide advice and recommendations to Council as requested on areas
within their mandates with no authority for decision making or independent actions.
“City” the Corporation of the City of Kitchener.
"Clerk" the person appointed by Council under Section 228 of the Municipal Act,
2001, S.O. 2001, c. 25).
1 of 3
Policy No: GOV-BOA-067
Policy Title: LONG SERVICE AWARD - BOARDS & COMMITTEES
“Local Boards” those established by legislation and members are appointed by
Council. They have authority to address their responsibilities as determined under
the relevant legislation. Examples include the Kitchener Public Library Board,
Kitchener Housing Inc. Board, Centre in the Square Board of Management,
Downtown Kitchener Business Improvement Area Board of Management and the
Belmont Business Improvement Area Board of Management.
"Member" an individual who has been appointed by Council as a member of an
Advisory Committee, Quasi-Judicial Tribunal or Board.
“Quasi-Judicial Tribunals” operate independently from the City and hold hearings
to resolve disputes, regulate activities, adjudicate on matters and determine legal
rights and benefits.
"Staff" the City staff member(s) who provide administrative and legislative
assistance.
“Statutory Committees” those permitted or required by provincial legislation and
perform functions as specified in the relevant legislation. Examples include the
Committee of Adjustment, Property Standards Committee, Municipal Election
Audit Compliance Committee, Accessibility Advisory Committee, and the
Heritage Kitchener Committee.
To be included at next review.
3. SCOPE:
POLICY APPLIES TO THE FOLLOWING:
All Employees
All Full-Time Employees All Union
Management C.U.P.E. 68 Civic
Non Union C.U.P.E. 68 Mechanics
Temporary C.U.P.E. 791
Student I.B.E.W. 636
Part-Time Employees K.P.F.F.A.
Specified Positions only: City Clerk Other: Citizen Volunteer
Council Local Boards & Advisory Committees
To bThis Policy applies to Members that have resigned or retired from an
appointment and meet the eligibility requirements provided in Section 4.1.e
included at next review.
4. POLICY CONTENT:
2 of 3
Policy No: GOV-BOA-067
Policy Title: LONG SERVICE AWARD - BOARDS & COMMITTEES
4.1 Recognition Criteria
a)The following recognition will be given to citizen volunteers appointed
to Boards, Tribunalsand/or Committees under the jurisdiction of City
Council:
i)A Certificate of Service suitably displayed, for those whose
accumulated service is at least 2 years and less than 5 years;
or,
ii)An Award of Merit such as wooden plaque or other appropriate
display for those whose accumulated service is 5 years or more.
iii) In addition, the citizen volunteer must have attended at least
70% of the regularly scheduled Board or Committee meetings.
b)The City Clerk or designate will consult with the Chair of each
committee, tribunal or /board and the council representative to
ascertain if there are any extenuating circumstances that should be
considered in determining for eligibility for presentation.
4.2 Presentation
a)The above-noted recognition will be given to the citizen volunteer when
they have met the criteria and are no longer appointed to a committee,
tribunal or /board.
b)Presentations will be made at a Council meeting and the respective
presentations be made by the member of Council who participated on
the said committee, tribunal or board during the previous year or, by
the Mayor where there was no Council representative on the
committee.
2. HISTORY OF POLICY CHANGES
Administrative Updates
2016-06-01 - I-067 policy template re-formatted to new numbering system and
given number GOV-BOA-067.
Formal Amendments
No amendment history to date.
3 of 3
Policy No:GOV-BOA-095
Policy Title:ECONOMIC DEVELOPMENT ADVISORY COMMITTEE - TERMS OF
REFERENCE
POLICY Policy No: GOV-BOA-095
Approval Date: August 4, 2005
Policy Title: ECONOMICDEVELOPMENT
ADVISORY COMMITTEE -
Reviewed Date: October 2021
TERMS OF REFERENCE
Next Review Date: July 2026
Policy Type: COUNCIL
Reviewed Date: October 2021
Category: Governance
Last Amended: August 27, 2012
Sub-Category: Board & Committee
Replaces:
Author: Author Unknown
Dept/Div: Development Services
Repealed:
Department / Economic
Replaced by:
Development
Related Policies, Procedures and/or Guidelines:
To be included at next review.
1. POLICY PURPOSE:
The primary purpose of the Economic Development Advisory Committee is to
advise Council and the Economic Development Division of the City of Kitchener in
the development and on-going implementation of economic development
strategies and initiatives.
2. DEFINITIONS:
"Ad Hoc Committee" or "Sub Committee" means a committee created with a
defined ending, that shall not constitute quorum.
"Advisory Committee" means a committee created by Council, to report to Staff or
a designated Committee on a specific subject.
"Chair" means the role to facilitate and chair meetings.
"Quorum" the number of members comprising a majority of a committee that must
be present at any of its meetings to make the proceedings of that meeting valid.
"Vice-Chair" a role that assumes the authority and performs all the duties of the
Policy No:GOV-BOA-095
Policy Title:ECONOMIC DEVELOPMENT ADVISORY COMMITTEE - TERMS OF
REFERENCE
Chair in the absence of the Chair
3. SCOPE:
POLICY APPLIES TO THE FOLLOWING:
All Employees
All Full-Time Employees All Union
Management C.U.P.E. 68 Civic
Non Union C.U.P.E. 68 Mechanics
TemporaryC.U.P.E. 791
Student I.B.E.W. 636
Part-Time EmployeesK.P.F.F.A.
Specified Positions only:Other:
Council Local Boards & Advisory Committees
4. POLICY CONTENT:
The goal of the composition is to ensure representation across sectors while
maintaining flexibility to align membership with the Make It Kitchener 2.0 (MIK2.0)
Strategy, current sectors are guidelines only.
Three (3) Members of City Council
One (1) Member of the Community at Large
One (1) Representative from each of the Following Business Sectors:
HighTechManufacturing
MarketingFinancial (Banking)
DowntownRetailBusinessDowntown OfficeOwner
ConsultantIndustryHospitality/Convention/Tourism Industry
ICI Realtor Health Sciences
Major Retail (Outside of Downtown) Education
Housing Development Arts & Culture
Labour Council
Members will be appointed to 4 years terms staggered with an overlap 50/50 split to
ensure that the committee has continuous coverage. The Committee shall, from
amongst its members, choose Committee Co-Chairs which may or may not include
one member of Council.
Meetings will be held monthly or at the call of the Chair and minutes will be kept by
the committee administrator who will distribute the minutes to all of Council and the
Corporate Leadership Team. All meetings shall be conducted in accordance with
Council’s Procedure By-law and as such, a quorum is defined as half plus one (1) of
current committee members.
Policy No:GOV-BOA-095
Policy Title:ECONOMIC DEVELOPMENT ADVISORY COMMITTEE - TERMS OF
REFERENCE
In accordance with the Procedure By-law and upon recommendations to Council
from the Committee any member of the Committee who fails to attend three
successive regular meetings without being authorized, may be removed from the
committee. Notwithstanding the foregoing, the Committeemayat any time
recommend to Council that a member of the Committee be removed when that
member has failed to attend more than three regular meetings without authorization.
The Committee shall report through the Finance & Corporate Services Committee
unless Co-Chairs deem it expedient that a report be made directly to Council.
Should the Committee feel a sub-committee is required to deal with specific issues,
such sub-committee shall be ad hoc in nature, with specific, clearly articulated
mandate. All sub-committees shall be reviewed annually to determine whether they
need to continue. Membership on sub-committees may be expanded to include
people who are not advisory committee members, to take advantage of individual
expertise.
3. Responsibilities
To advise Council and staff in the development and implementation of an
economic development policy, including both long-term and short-term objectives.
To identify emerging economic conditions/new trends/niche markets that will
assist in shaping the strategic plan for Economic Development.
To vet new policy matters and specific studies, reports or publications.
To advocate for economicdevelopment.
To recommend changes to the City’s policies and economic development
climate.
To partner with City staff in hosting incoming missions/dignitaries, visitation
programs and other initiatives which contribute to economic wealth of the
community. EDAC members are emissaries/ambassadors of the business
community and of the City of Kitchener.
To assist in the review and monitoring of the City’s initiatives for reuse of existing
infrastructure, buildings and employmentlands.
To assist the Economic Development Division in aligning its annual work with
Kitchener’s economic development strategy: Make it Kitchener 2.0.
To advise the Economic Development Division about its marketing plan and
initiatives (i.e. trade shows, web page, newsletters, events, market research
information, publications and best practices from across North America, etc.).
Policy No:GOV-BOA-095
Policy Title:ECONOMIC DEVELOPMENT ADVISORY COMMITTEE - TERMS OF
REFERENCE
To play a key role in the development of partnerships such as Waterloo Region
Economic Development Corporation,Communitech, Greater Kitchener-Waterloo
Chamber of Commerce, Small Business Centres, other municipalities, and the
Province to advance the City’s economicstrategy.
To propose programs for the enhancement of the image of the community and
the development of other amenities and services related to economic
development.
5.HISTORY OF POLICYCHANGES
Administrative Updates
2016-06 - Policy I-095 template re-formatted to newnumbering system
and given numberGOV-BOA-095.
2018-04-03 - Department name change due to corporate re-organization.
2021-10-28 - Administrative updates.
Formal Amendments
2006-12-04 - As per Council directive
2012-08-27 - As per Council directive
Policy No:GOV-BOA-095
Policy Title:ECONOMIC DEVELOPMENT ADVISORY COMMITTEE - TERMS OF
REFERENCE
POLICY Policy No: GOV-BOA-095
Approval Date: August 4, 2005
Policy Title: ECONOMICDEVELOPMENT
ADVISORY COMMITTEE -
Reviewed Date: October 2021
TERMS OF REFERENCE
Next Review Date: July 2026
Policy Type: COUNCIL
Reviewed Date: October 2021
Category: Governance
Last Amended: August 27, 2012
Sub-Category: Board & Committee
Replaces:
Author: Author Unknown
Dept/Div: Development Services
Repealed:
Department / Economic
Replaced by:
Development
Related Policies, Procedures and/or Guidelines:
To be included at next review.
1. POLICY PURPOSE:
The primary purpose of the Economic Development Advisory Committee is to
advise Council and the Economic Development Division of the City of Kitchener in
the development and on-going implementation of economic development
strategies and initiatives.
2. DEFINITIONS:
"Ad Hoc Committee" or "Sub Committee" means a committee created with a defined
ending, that shall not constitute quorum.
"Advisory Committee" means a committee created by Council, to report to Staff or a
designated Committee on a specific subject.
"Chair" means the role to facilitate and chair meetings.
"Quorum" the number of members comprising a majority of a committee that must be
present at any of its meetings to make the proceedings of that meeting valid.
Policy No:GOV-BOA-095
Policy Title:ECONOMIC DEVELOPMENT ADVISORY COMMITTEE - TERMS OF
REFERENCE
"Vice-Chair" a role that assumes the authority and performs all the duties of the Chair
in the absence of the Chair To be included at next review.
3. SCOPE:
POLICY APPLIES TO THE FOLLOWING:
AllEmployees
All Full-Time EmployeesAll Union
ManagementC.U.P.E. 68 Civic
Non Union C.U.P.E. 68 Mechanics
TemporaryC.U.P.E. 791
Student I.B.E.W. 636
Part-Time Employees K.P.F.F.A.
Specified Positions only:Other:
Council Local Boards & Advisory Committees
To be included at next review.
4. POLICY CONTENT:
The goal of the composition is to ensure representation across sectors while
maintaining flexibility to align membership with the Make It Kitchener 2.0 (MIK2.0)
Strategy, current sectors are guidelines only.
Three (3) Members of City Council
One (1) Member of the Community at Large
One (1) Representative from each of the Following Business Sectors:
HighTechManufacturing
MarketingFinancial (Banking)
Downtown Retail Business Downtown Office Owner
Consultant Industry Hospitality/Convention/Tourism Industry
ICI Realtor Health Sciences
Major Retail (Outside of Downtown) Education
Housing Development Arts & Culture
Labour Council
Members will be appointed to 4 years terms staggered with an overlap 50/50 split to
ensure that the committee has continuous coverage. The Committee shall, from
amongst its members, choose Committee Co-Chairs which may or may not include
one member of Council.
Meetings will be held monthly or at the call of the Chair and minutes will be kept by
the committee administrator who will distribute the minutes to all of Council and the
Corporate Management Leadership Team. All meetings shall be conducted in
Policy No:GOV-BOA-095
Policy Title:ECONOMIC DEVELOPMENT ADVISORY COMMITTEE - TERMS OF
REFERENCE
accordance with Council’s Procedural Procedure By-law and as such, a quorum is
defined as half plus one (1) of current committee members.nine (9) voting members
of the Committee.
In accordance with the Procedural Procedure By-law and upon recommendations to
Council from the Committee any member of the Committee who fails to attend three
successive regular meetings without being authorized, may be removed from the
committee. Notwithstanding the foregoing, the Committee may at any time
recommend to Council that a member of the Committee be removed when that
member has failed to attend more than three regular meetings without authorization.
The Committee shall report through the Finance & Corporate Services Committee
unless Co-Chairs deem it expedient that a report be made directly to Council.
Should the Committee feel a sub-committee is required to deal with specific issues,
such sub-committee shall be ad hoc in nature, with specific, clearly articulated
mandate. All sub-committees shall be reviewed annually to determine whether they
need to continue. Membership on sub-committees may be expanded to include
people who are not advisory committee members, to take advantage of individual
expertise.
3. Responsibilities
To advise Council and staff in the development and implementation of an
economic development policy, including both long-term and short-term objectives.
To identify emerging economic conditions/new trends/niche markets that will
assist in shaping the strategic plan for Economic Development.
To vet new policy matters and specific studies, reports or publications.
To advocate for economicdevelopment.
To recommend changes to the City’s policies and economic development
climate.
To partner with City staff in hosting incoming missions/dignitaries, visitation
programs and other initiatives which contribute to economic wealth of the
community. EDAC members are emissaries/ambassadors of the business
community and of the City of Kitchener.
To assist in the review and monitoring of the City’s initiatives for reuse of existing
infrastructure, buildings and employmentlands.
To assist the Economic Development Division in aligning its annual work with
Kitchener’s economic development strategy: Make it Kitchener 2.0.
Policy No:GOV-BOA-095
Policy Title:ECONOMIC DEVELOPMENT ADVISORY COMMITTEE - TERMS OF
REFERENCE
To advise the Economic Development Division about its marketing plan and
initiatives (i.e. trade shows, web page, newsletters, events, market research
information, publications and best practices from across North America, etc.).
To play a key role in the development of partnerships such as Waterloo Region
Economic Development Corporation,Communitech, Greater Kitchener-Waterloo
Chamber of Commerce, Small Business Centres, other municipalities, and the
Province to advance the City’s economic strategy.
To propose programs for the enhancement of the image of the community and
the development of other amenities and services related to economic
development.
5. HISTORY OF POLICY CHANGES
Administrative Updates
2016-06 - Policy I-095 template re-formatted to newnumbering system
and given numberGOV-BOA-095.
2018-04-03 - Department name change due to corporate re-organization.
2021-10-28 - Administrative updates.
Formal Amendments
2006-12-04 - As per Council directive
2012-08-27 - As per Council directive
POLICY Policy No: GOV-BOA-105
Approval Date:May 27, 2002
Policy Title:FINANCE & CORPORATE
SERVICES COMMITTEE -
Reviewed Date: July 2016
TERMS OF REFERENCE
Next Review Date: July 2021
Policy Type: COUNCIL
Reviewed Date:
Category:Governance
Last Amended:September 19, 2005
Sub-Category:Board & Committee
Replaces:I-105, F&CSC, Terms of
Author: City Clerk, Director of
Reference
Legislated Services
Repealed:
Dept/Div: Finance & Corporate Services
Department, Legislated
Replacedby:
Services Division
Related Policies, Procedures and/or Guidelines:
Municipal Act, 2001, S.O. 2001, c. 25.
1. POLICY PURPOSE:
The Finance and Corporate Services Committee is a designated Standing
Committee of City Council.
2. DEFINITIONS:
To be included at next review.
3. SCOPE:
POLICY APPLIES TO THE FOLLOWING:
All Employees
All Full-Time Employees All Union
Management C.U.P.E. 68 Civic
Non Union C.U.P.E. 68 Mechanics
Temporary C.U.P.E. 791
Student I.B.E.W. 636
Part-Time Employees K.P.F.F.A.
Specified Positions only: City Clerk Other:
Council Local Boards & Advisory Committees
1of 2
Policy No: GOV-BOA-105
Policy Title: FINANCE & CORPORATE SERVICES COMMITTEE - TERMS OF
REFERENCE
4. POLICY CONTENT:
1. All members of Council shall sit as members of the Finance and Corporate
Services Committee and Council shall annually appoint from among its
members, a Chair and Vice-Chair.
2. The following specific, but not exclusive, items shall be considered as falling
within the Committee's mandate:
a) Operational and policy issues pertaining to the: Financial Services,
Corporate Services and the Chief Administrator’s Office;
b) Issues which are of an overriding financial, administrative or strategic
nature, irrespective of where a department routinely reports;
c) Review and submission to Council of the Annual Operating Budget
and the Ten Year Capital Forecast;
d) Financial and investment policies and practices;
e) Budgetary control;
f) Review of the Annual Financial Report and Auditor’s Report;
g) Approval of unbudgeted expenditures;
h) Setting of fees for service, rental and leases not falling under the
Terms of Reference of any other Committee;
i) Council and Committee Rules of Procedure; and,
j) The Committee shall provide the point of contact between Council
and:
k) Enova Power Corporation.
5. HISTORY OF POLICY CHANGES
Administrative Updates
2016-06-01 - I-105 Policy template re-formatted to new numbering system and
given number GOV-BOA-105.
Formal Amendments
2005-09-12 - As per Council/CLT directive.
2 of 2
POLICY Policy No: GOV-BOA-105
Approval Date: May 27, 2002
Policy Title: FINANCE & CORPORATE
SERVICES COMMITTEE -
Reviewed Date: July 2016
TERMS OF REFERENCE
Next Review Date: July 2021
Policy Type: COUNCIL
Reviewed Date:
Category: Governance
Last Amended: September 19, 2005
Sub-Category: Board & Committee
Replaces: I-105, F&CSC, Terms of
Author: City Clerk, Director of
Reference
Legislated Services
Repealed:
Dept/Div: Finance & Corporate Services
Department, Legislated
Replaced by:
Services Division
Related Policies, Procedures and/or Guidelines:
Municipal Act, 2001, S.O. 2001, c. 25. To be included at next review.
1. POLICY PURPOSE:
To be included at next review. The Finance and Corporate Services Committee
is a designated Standing Committee of City Council.
2. DEFINITIONS:
To be included at next review.
3. SCOPE:
POLICY APPLIES TO THE FOLLOWING:
All Employees
All Full-Time Employees All Union
Management C.U.P.E. 68 Civic
Non Union C.U.P.E. 68 Mechanics
Temporary C.U.P.E. 791
Student I.B.E.W. 636
Part-Time Employees K.P.F.F.A.
Specified Positions only: City Clerk Other:
Council Local Boards & Advisory Committees
1 of 3
Policy No: GOV-BOA-105
Policy Title: FINANCE & CORPORATE SERVICES COMMITTEE - TERMS OF
REFERENCE
To be included at next review.
4. POLICY CONTENT:
1. The Finance and Corporate Services Committee is hereby designated a
Standing Committee of City Council.
2.
3.1. All members of Council shall sit as members of the Finance and Corporate
Services Committee and Council shall annually appoint from among its
members, a Chair and Vice-Chair.
4.2. The following specific, but not exclusive, items shall be considered as falling
within the Committee's mandate:
a) Operational and policy issues pertaining to the: Financial Services,
b) Issues which are of an overriding financial, administrative or strategic
nature, irrespective of where a department routinely reports;
c) Review and submission to Council of the Annual Operating Budget
and the Ten Year Capital Forecast;
d) Financial and investment policies and practices;
e) Budgetary control;
g) Approval of unbudgeted expenditures;
h) Setting of fees for service, rental and leases not falling under the
Terms of Reference of any other Committee;
i) Council and Committee Rules of Procedure; and,
j) The Committee shall provide the point of contact between Council
and:
i) KitchenerEnova Power Corporation.
2 of 3
Policy No: GOV-BOA-105
Policy Title: FINANCE & CORPORATE SERVICES COMMITTEE - TERMS OF
REFERENCE
5. HISTORY OF POLICY CHANGES
Administrative Updates
2016-06-01 - I-105 Policy template re-formatted to new numbering system and
given number GOV-BOA-105.
Formal Amendments
2005-09-12 - As per Council/CLT directive.
3 of 3
POLICY Policy No: GOV-BOA-110
Approval Date: May 27, 2002
Policy Title: HERITAGE KITCHENER -
TERMS OF REFERENCE
Reviewed Date: July 2016
Policy Type: COUNCIL
Next Review Date: July 2016
Category: Governance
Last Amended: February 27, 2017
Sub-Category: Board & Committee
Replaces:
Author: City Clerk, Director of
Legislated Services
Repealed:
Dept/Div: Corporate Services Dept /
Replaced by:
Legislated Services Division
Related Policies, Procedures and/or Guidelines:
Ontario Heritage Act, R.S.O. 1990, c. O.18
1. POLICY PURPOSE:
Heritage Kitchener advises Council on matters involving conservation of heritage
resources within Kitchener, both publicly and privately owned. Heritage Kitchener is
a local architectural conservation advisory committee, as defined in the Ontario
Heritage Act.
2. DEFINITIONS:
"Chair/Co-Chair" the individual(s) appointed by a Committee to act as the Chair/Co-
Chair of the Committee at any given meeting.
“City” the Corporation of the City of Kitchener.
"Clerk" the person appointed by Council under Section 228 of the Municipal Act,
2001, S.O. 2001, c. 25. d).
"Member" an individual who has been appointed by Council as a member of an
Advisory Committee, Quasi-Judicial Tribunal or Board.
"Staff" the City staff member(s) who provide administrative and legislative
assistance.
3. SCOPE:
1 of 4
Policy No: GOV-BOA-110
Policy Title: HERITAGE KITCHENER - TERMS OF REFERENCE
POLICY APPLIES TO THE FOLLOWING:
All Employees
All Full-Time Employees All Union
Management C.U.P.E. 68 Civic
Non Union C.U.P.E. 68 Mechanics
TemporaryC.U.P.E. 791
StudentI.B.E.W. 636
Part-Time EmployeesK.P.F.F.A.
Specified Positions only:Other:
Council Local Boards & Advisory Committees
4. POLICY CONTENT:
Committee Composition and Reporting
The composition of the Committee will be:
a) 1 Member of Council
b) 5-6 Sector-specific members
c) 2-3 Members of the community-at-large
d) 1 Representative of the Upper Doon Conservation District
e) 1 Representative of the Victoria Park Area Heritage Conservation District
f) 1 Representative of the St. Mary’s Heritage Conservation District
g) 1 Representative of the Civic Centre Heritage Conservation District
In filling the sector-specific positions, Council shall endeavour to include, but
not be limited to, at least one representative from each of the following areas:
Professional Architect; Building Industry (builder, developer, renovator
etc.); Professional Planner; Historian (i.e. history teacher, member of
historical society); Museum Specialist or Conservator; Landscape
Specialist and an Archaeologist.
Members will be appointed for a term of two years ending November 30. The
Committee shall, from amongst its members, choose a Committee Co-Chair
who is not a member of Council, to co-chair the committee with the appointed
Council Co-Chair.
2 of 4
Policy No: GOV-BOA-110
Policy Title: HERITAGE KITCHENER - TERMS OF REFERENCE
Meetings will be held monthly or at the call of the Chair and minutes will be kept
by the Clerk of designate who will distribute the minutes to all of Council and
the Corporate Leadership Team. All meetings shall be conducted in
accordance with Council’s Procedure By-law.
The Committee may report directly to Council or through the Planning &
Strategic Initiatives Committee.
Should the Committee feel a sub-committee is required to deal with specific
issues, such sub-committee shall be ad hoc in nature, with specific, clearly
articulated mandate. All sub-committees shall be reviewed annually to
determine whether they need to continue. Membership on sub-committees may
be expanded to include people who are not advisory committee members, to
take advantage of individual expertise.
Quorum
When executing the duties prescribed by the Ontario Heritage Act quorum is 5
members and for all other matters, including the composition of sub-
committees, quorum shall be a majority of members appointed to Heritage
Kitchener.
Responsibilities
a)Advise Council on the following matters pursuant to the Ontario Heritage
Act:
i) all matters under Part IV of the Ontario Heritage Act (individual
property designation); and,
ii) passing of a by-law to define the municipality or one or more areas
thereof as an area to be examined for future designation as a
heritage conservation district; and,
iii) passing of a by-law to designate heritage conservation districts, to
adopt heritage conservation district plans which will constitute
Council’s intent with respect to conservation of the heritage
conservation district.
b) Examine, research develop and prepare a detailed inventory of:
i) those properties within in the municipality it feels should be
designated as being of historic and/or architectural interest pursuant
to Part IV of the Ontario Heritage Act; and,
3 of 4
Policy No: GOV-BOA-110
Policy Title: HERITAGE KITCHENER - TERMS OF REFERENCE
iii) those areas within the municipality that it feels should be defined as
areas to be examined for future designation as heritage
conservation districts pursuant to Part V of the Ontario Heritage Act.
c) Recommend to Council approval of grants pursuant to the Municipal
Designated Heritage Property Grant Program.
d)Recommend properties for Mike Wagner Heritage Awards.
e) Annually review local issues, propose committee priorities and develop
workplans based upon the identified priorities of the Committee. In some
cases, it may be appropriate to refer to other standing and advisory
committees, community groups or staff for action or to establish working
groups/sub-committees to address specific issues.
f) To promote greater public awareness of our built heritage and heritage
conservation issues through exhibits and openings, posters, the plaquing
program, guides, and special events such as the annual Heritage
Showcase display and the Mike Wagner Heritage Awards.
g) To assist and lend advice to owners of heritage properties in terms of
good conservation practice.
h) Prepare and present, in co-operation with staff, bi-annual updates to the
Development & Technical Services Committee and Council, including
recommendations on priority issues identified by the Committee and/or
community concerns brought to the Committee by Council, community
members or groups.
5. HISTORY OF POLICY CHANGES
Administrative Updates
2016-06-01 - Policy template re-formatted to new numbering system and given
number GOV-BOA-110.
2018-04-03 - Department name change due to corporate re-organization.
Formal Amendments
2002-09-30 - As per Council/CLT directive.
2004-09-20 - As per Council/CLT directive.
2008-02-25 - As per Council directive, designation by-law No. 2008-039
2017-02-27 - As per Council/CLT directive.
4 of 4
POLICY Policy No: GOV-BOA-110
Approval Date: May 27, 2002
Policy Title: HERITAGE KITCHENER -
TERMS OF REFERENCE
Reviewed Date: July 2016
Policy Type: COUNCIL
Next Review Date: July 2016
Category: Governance
Last Amended: February 27, 2017
Sub-Category: Board & Committee
Replaces:
Author: City Clerk, Director of
Legislated Services
Repealed:
Dept/Div: Corporate Services Dept /
Replaced by:
Legislated Services Division
Related Policies, Procedures and/or Guidelines:
Ontario Heritage Act, R.S.O. 1990, c. O.18To be included at next review.
1. POLICY PURPOSE:
Heritage Kitchener Aadvises Council on matters involving conservation of heritage
resources within Kitchener, both publicly and privately owned. Heritage Kitchener is
a local architectural conservation advisory committee, as defined in the Ontario
Heritage Act.
2. DEFINITIONS:
"Chair/Co-Chair" the individual(s) appointed by a Committee to act as the Chair/Co-
Chair of the Committee at any given meeting.
the City of Kitchener.
"Clerk" the person appointed by Council under Section 228 of the Municipal Act,
2001, S.O. 2001, c. 25. d).
"Member" an individual who has been appointed by Council as a member of an
Advisory Committee, Quasi-Judicial Tribunal or Board.
"Staff" the City staff member(s) who provide administrative and legislative
assistance.
1 of 4
Policy No: GOV-BOA-110
Policy Title: HERITAGE KITCHENER - TERMS OF REFERENCE
To be included at next review.
3. SCOPE:
POLICY APPLIES TO THE FOLLOWING:
All Employees
All Full-Time Employees All Union
Management C.U.P.E. 68 Civic
Non Union C.U.P.E. 68 Mechanics
Temporary C.U.P.E. 791
Student I.B.E.W. 636
Part-Time Employees K.P.F.F.A.
Specified Positions only: Other:
Council Local Boards & Advisory Committees
To be included at next review.
4. POLICY CONTENT:
Committee Composition and Reporting
The composition of the Ccommittee will be:
a) 1 - Member of Council
b) 5-6 Sector-specific members
c) 2-3 Members of the community-at-large
d) 1 - Representative of the Upper Doon Conservation District
e) 1 - Representative of the Victoria Park Area Heritage Conservation
District
f) 1 - Heritage Conservation District
g) 1 - Representative of the Civic Centre Heritage Conservation District
In filling the sector-specific positions, Council shall endeavour to include, but
not be limited to, at least one representative from each of the following areas:
Professional Architect; Building Industry (builder, developer, renovator
etc.); Professional Planner; Historian (i.e. history teacher, member of
historical society); Museum Specialist or Conservator; Landscape
Specialist and an Archaeologist.
2 of 4
Policy No: GOV-BOA-110
Policy Title: HERITAGE KITCHENER - TERMS OF REFERENCE
Members will be appointed for a term of two years ending November 30. The
Committee shall, from amongst its members, choose a Committee Co-Chair
who is not a member of Council, to co-chair the committee with the appointed
Council Co-Chair.
Meetings will be held monthly or at the call of the Chair and minutes will be kept
by the Ccommittee administrator AdministratorClerk of designate who will
distribute the minutes to all of Council and the Corporate Management
Leadership Team. All meetings shall be conducted in accordance with
Procedural Procedure By-law.
The Committee may report directly to Council or through the Planning &
Strategic Initiatives Committee.
Should the Committee feel a sub-committee is required to deal with specific
issues, such sub-committee shall be ad hoc in nature, with specific, clearly
articulated mandate. All sub-committees shall be reviewed annually to
determine whether they need to continue. Membership on sub-committees may
be expanded to include people who are not advisory committee members, to
take advantage of individual expertise.
Quorum
When executing the duties prescribed by the Ontario Heritage Act quorum is 5
members and for all other matters, including the composition of sub-
committees, quorum shall be a majority of members appointed to Heritage
Kitchener.
Responsibilities
a) Advise Council on the following matters pursuant to the Ontario Heritage
Act:
i) all matters under Part IV of the Ontario Heritage Act (individual
property designation); and,
ii) passing of a by-law to define the municipality or one or more areas
thereof as an area to be examined for future designation as a
heritage conservation district; and,
iii) passing of a by-law to designate heritage conservation districts, to
adopt heritage conservation district plans which will constitute
respect to conservation of the heritage
conservation district.
b) Examine, research develop and prepare a detailed inventory of:
3 of 4
Policy No: GOV-BOA-110
Policy Title: HERITAGE KITCHENER - TERMS OF REFERENCE
i) those properties within in the municipality it feels should be
designated as being of historic and/or architectural interest pursuant
to Part IV of the Ontario Heritage Act; and,
iii) those areas within the municipality that it feels should be defined as
areas to be examined for future designation as heritage
conservation districts pursuant to Part V of the Ontario Heritage Act.
c) Recommend to Council approval of grants pursuant to the Municipal
Designated Heritage Property Grant Program.
d) Recommend properties for Mike Wagner Heritage Awards.
e) Annually review local issues, propose committee priorities and develop
workplans based upon the identified priorities of the Committee. In some
cases, it may be appropriate to refer to other standing and advisory
committees, community groups or staff for action or to establish working
groups/sub-committees to address specific issues.
f) To promote greater public awareness of our built heritage and heritage
conservation issues through exhibits and openings, posters, the plaquing
program, guides, and special events such as the annual Heritage
Showcase display and the Mike Wagner Heritage Awards.
g) To assist and lend advice to owners of heritage properties in terms of
good conservation practice.
h) Prepare and present, in co-operation with staff, bi-annual updates to the
Development & Technical Services Committee and Council, including
recommendations on priority issues identified by the Committee and/or
community concerns brought to the Committee by Council, community
members or groups.
5. HISTORY OF POLICY CHANGES
Administrative Updates
2016-06-01 - Policy template re-formatted to new numbering system and given
number GOV-BOA-110.
2018-04-03 - Department name change due to corporate re-organization.
Formal Amendments
2002-09-30 - As per Council/CLT directive.
2004-09-20 - As per Council/CLT directive.
2008-02-25 - As per Council directive, designation by-law No. 2008-039
2017-02-27 - As per Council/CLT directive.
4 of 4
POLICY Policy No: GOV-BOA-115
Approval Date: September 30, 2002
Policy Title: APPOINTMENTS - BOARD
OF DIRECTORS - ENOVA
Reviewed Date: July 2016
POWER CORPORATION
Next Review Date: July 2021
Policy Type: COUNCIL
Amended:
Category: Governance
Sub-Category: Board & Committee
Replaces: I-115, Appointments -
Board of Directors - Kit
Author: City Clerk, Director of
Power Corp
Legislated Services
Repealed:
Dept/Div: Corporate Services
Department / Legislated
Replaced by:
Services Division
Related Policies, Procedures and/or Guidelines:
To be included at next review.
1. POLICY PURPOSE:
Enova Energy Corporation is an energy company owned by the City of Kitchener,
the City of Waterloo, the Township of Woolwich, the Township of Wilmot, and the
Township of Wellesley.
Enova Power Corp. (Enova) is a regulated electricity distribution company and a
wholly-owned subsidiary of Enova Energy Corporation, created by the merger of
Kitchener-Wilmot Hydro and Waterloo North Hydro.
In accordance with the Shareholders Agreement, independent and non-
independent Directors shall serve on the Enova Energy and Enova Power Corp.
Board of Directors, respectively.
2. DEFINITIONS:
Board ors of the Corporation;
Corporation
Independent) is not an employee of the
Corporation or any Subsidiary; (ii) is not an employee of any Shareholder or any
Affiliate of any Shareholder; (iii) is not an elected official of any Shareholder; (iv)
1 of 3
Policy No: GOV-BOA-115
Policy Title: APPOINTMENTS - BOARD OF DIRECTORS - ENOVA POWER
CORPORATION
is not a party to, or holds a material interest in a Person that is a party to, a
material contract between any Shareholder and such individual, and (v) unless
otherwise agreed by a Super Majority, is not a spouse, child or parent of any of
the foregoing;
means any individual who is not Independent;
Person ship, unincorporated association,
corporation, municipal corporation, trust or other legal entity of any kind
whatsoever;
Shareholder
3. SCOPE:
POLICY APPLIES TO THE FOLLOWING:
All Employees
All Full-Time Employees All Union
Management C.U.P.E. 68 Civic
Non Union C.U.P.E. 68 Mechanics
Temporary C.U.P.E. 791
Student I.B.E.W. 636
Part-Time Employees K.P.F.F.A.
Specified Positions only: City Clerk Other:
Council Local Boards & Advisory Committees
4. POLICY CONTENT:
Appointments to the Board of Directors of the Enova Power Corp. and Enova
Energy Corporation shall be made in accordance the
dated September 1, 2022. Thpointments shall be made in
accordance with this policy.
The City of Kitchener shall appoint annually, two members to the Enova
Power Corp. Board of Directors, one of which shall be the Mayor, and one
shall be a member of City Council.
The City of Kitchener shall appoint annually, three members to the Enova
Energy Corporation Board of Directors, one of which shall be the Mayor, and
two shall be members of City Council.
Four independent Directors to the Enova Energy Corporation Board of
Directors shall be members of the public who will be nominated by the
Enova, in accordance with the Shareholder Agreement and its By-laws, for
2 of 3
Policy No: GOV-BOA-115
Policy Title: APPOINTMENTS - BOARD OF DIRECTORS - ENOVA POWER
CORPORATION
e annual appointments to Boards and
Committees.
Each year at least one City appointed member of the Board of Directors will be
replaced, preferably the longest sitting Director. Council will endeavour, if possible,
not to replace more than one Director in a year. The Mayor, by virtue of the
empt from this clause.
5. HISTORY OF POLICY CHANGES
Administrative Updates
2016-06-01 - I-115 policy template re-formatted to new numbering system and given
number GOV-BOA-115.
Formal Amendments
No amendment history to date.
3 of 3
POLICY Policy No: GOV-BOA-115
Approval Date: September 30, 2002
Policy Title: APPOINTMENTS - BOARD
OF DIRECTORS -
Reviewed Date: July 2016
KITCHENER POWER
CORPORATIONAPPOINTME
Next Review Date: July 2021
NTS - BOARD OF
DIRECTORS - ENOVA
Amended:
POWER CORPORATION
Policy Type: COUNCIL
Replaces: I-115, Appointments -
Board of Directors - Kit
Category: Governance
Power Corp
Sub-Category: Board & Committee
Repealed:
Author: City Clerk, Director of
Replaced by:
Legislated Services
Dept/Div: Finance & Corporate Services
Department / Legislated
Services Division
Related Policies, Procedures and/or Guidelines:
To be included at next review.
1. POLICY PURPOSE:
To be included at next review. Enova Energy Corporation is an energy
company owned by the City of Kitchener, the City of Waterloo, the Township of
Woolwich, the Township of Wilmot, and the Township of Wellesley.
Enova Power Corp. (Enova) is a regulated electricity distribution company and a
wholly-owned subsidiary of Enova Energy Corporation, created by the merger of
Kitchener-Wilmot Hydro and Waterloo North Hydro.
In accordance with the Shareholders Agreement, independent and non-
independent Directors shall serve on the Enova Energy and Enova Power Corp.
Board of Directors, respectively.
2. DEFINITIONS:
1 of 3
Policy No: GOV-BOA-115
Policy Title: APPOINTMENTS - BOARD OF DIRECTORS - KITCHENER POWER
CORPORATIONAPPOINTMENTS - BOARD OF DIRECTORS - ENOVA
POWER CORPORATION
Board rs of the Corporation;
Corporation
Independent) is not an employee of the
Corporation or any Subsidiary; (ii) is not an employee of any Shareholder or any
Affiliate of any Shareholder; (iii) is not an elected official of any Shareholder; (iv)
is not a party to, or holds a material interest in a Person that is a party to, a
material contract between any Shareholder and such individual, and (v) unless
otherwise agreed by a Super Majority, is not a spouse, child or parent of any of
the foregoing;
means any individual who is not Independent;
Person ship, unincorporated association,
corporation, municipal corporation, trust or other legal entity of any kind
whatsoever;
Shareholder
To be included at next review.
3. SCOPE:
POLICY APPLIES TO THE FOLLOWING:
All Employees
All Full-Time Employees All Union
Management C.U.P.E. 68 Civic
Non Union C.U.P.E. 68 Mechanics
Temporary C.U.P.E. 791
Student I.B.E.W. 636
Part-Time Employees K.P.F.F.A.
Specified Positions only: City Clerk Other:
Council Local Boards & Advisory Committees
To be included at next review.
4. POLICY CONTENT:
Appointments to the Board of Directors of the Kitchener Enova Power Corporation
Corp. and Enova Energy Corporation shall be made in accordance the
August 1, 2000September 1, 2022. The City of
in accordance with this policy.
2 of 3
Policy No: GOV-BOA-115
Policy Title: APPOINTMENTS - BOARD OF DIRECTORS - KITCHENER POWER
CORPORATIONAPPOINTMENTS - BOARD OF DIRECTORS - ENOVA
POWER CORPORATION
The City of Kitchener shall appoint annually, five two members to the Enova
Power Corp. Board of Directors, one of which shall be the Mayor, and two
one shall be a members of City Council.
The City of Kitchener shall appoint annually, three members to the Enova
Energy Corporation Board of Directors, one of which shall be the Mayor, and
Two two appointments shall be members of City Council.
Four independent Directors to the Enova Energy Corporation Board of
Directors shall be members of the public who will be nominated by the
Kitchener Power CorporationEnova, in accordance with the Shareholder
Agreement and ideration during the annual
appointments to Boards and Committees.
Each year at least one City appointed member of the Board of Directors will be
replaced, preferably the longest sitting Director. Council will endeavour, if possible,
not to replace more than one Director in a year. The Mayor, by virtue of the
empt from this clause.
Transition
To ensure a smooth transition and minimise changes on the Board of Directors; for
the 2003 appointments, one Councillor shall be appointed as part of the five City
appointments, replacing one of the current Directors. For the 2004 appointments, a
second Councillor will be appointed as part of the five City appointments, replacing
one of the current Directors who is not the Mayor or a Councillor.
5. 2. HISTORY OF POLICY CHANGES
Administrative Updates
2016-06-01 - I-115 policy template re-formatted to new numbering system and given
number GOV-BOA-115.
Formal Amendments
No amendment history to date.
3 of 3
POLICY Policy No: GOV-BOA-130
Approval Date: May 27, 2002
Policy Title: STANDING COMMITTEES
Policy Type: COUNCIL Reviewed Date: May 2024
Next Review Date: May 2029
Category: Governance
Reviewed Date:
Sub-Category: Board & Committee
Last Amended: September 19, 2005
Author: Author Unknown
Replaces: I-130 - Standing
Dept/Div:Corporate Services\\Legislated
Committees
Services\\Council/Committee
Services
Repealed:
Replaced by:
Related Policies, Procedures and/or Guidelines:
Municipal Act, 2001, S.O. 2001, c. 25.
1. POLICY PURPOSE:
Standing Committees of Council facilitate the decision-making process of
Council.Standing Committees work on behalf of Council to provide advice and
make recommendations to Council. They are an important forum for policy
debate and public input on issues within Council’s area of responsibility. To
capture the efficiency afforded by working in smaller groups, Council does not
repeat the detailed discussion and analysis conducted by the Committee during
Council sessions.
2. DEFINITIONS:
“City” the Corporation of the City of Kitchener.
"Chair" the individual appointed by a Committee to act as the chair of the
Committee at any given meeting.
"Clerk" the person appointed by Council under Section 228 of the Municipal Act,
2001, S.O. 2001, c. 25. d).
1 of 4
Policy No: GOV-BOA-130
Policy Title: STANDING COMMITTEES
“Council” the governing body of the City;
“meeting” any regular, special, or other meeting of council, of a local board or of
a committee of either of them, where:
(a) A quorum of members is present, and
(b) Members discuss or otherwise deal with any matter in a way that
materially advances the business or decision-making of the council, local
board or committee
“Procedure By-law” the City By-law which provides the Rules of Procedure for
Council and its Committees.
“Standing Committee” such committees of Council designed by resolution of
Council.
“Vice-Chair” means the individual appointed by a Committee to act as the Vice-
Chair of the Committee at any given meeting and shall assume the authority and
perform all the
duties of the Chair in the absence of the Chair.
3. SCOPE:
POLICY APPLIES TO THE FOLLOWING:
All Employees
All Full-Time Employees All Union
ManagementC.U.P.E. 68 Civic
Non UnionC.U.P.E. 68 Mechanics
Temporary C.U.P.E. 791
Student I.B.E.W. 636
Part-Time Employees K.P.F.F.A.
Specified Positions only: Other:
Council Local Boards & Advisory Committees
4. POLICY CONTENT:
4.1 The Standing Committees of Council shall be:
a) Finance and Corporate Services Committee
b) Community and Infrastructure Services Committee
c) Planning and Strategic Initiatives Committee.
2 of 4
Policy No: GOV-BOA-130
Policy Title: STANDING COMMITTEES
4.2 Notwithstanding issues which are of an overriding financial, administrative or
strategic nature, the individual City departments report to the Standing
Committee corresponding to their functions, and the Chief Administrator's Office
reportsthrough the Finance and Corporate Services Committee.
4.3 The dates of Standing Committee meetings shall be set by resolution of Council,
with the City Clerk having discretion to alter the times as advisable to ensure the
most efficient overall meeting arrangements.
4.4 Committee Meetings
a) Meeting agendas will be prepared by the Office of the City Clerk. The Clerk
or designate in consultation with the Committee Chair, shall determine the
items on the agenda which shall appear as consent items requiring one
motion to adopt all without debate. The Clerk or designate will estimate the
time required to complete each item and include the time in the agenda
proper.
b) Each Department is responsible for meeting the agenda preparation
deadlines established by the City Clerk advising the Clerk or designate well
in advance, when a significant agenda item is coming forward to ensure
meeting efficiency.
c) Any report containing financial considerations shall have the approval of the
Chief Financial Officer or their designate prior to inclusion on the agenda.
d) No verbal reports will be allowed from staff unless absolutely necessary and
if necessary, are to be limited in length as per the rules outlined in the City’s
Procedure By-law.
e) All members of Council should attempt, to the degree possible, to raise and
address matters withstaff in advance of and/or rather than bringing items
directly to committee under New Business.
f) The Committee Chair is responsible for conducting the meeting and for
ensuring that the business of the Committee is addressed within the
allocated time frame.
g) Committee agendas shall be published by Legislated Services as per the
rules outlined in the City’s Procedure By-law. Late items not included on the
agenda are only considered subject to Committee approval. It is the
responsibility of the Department to inform the Committee Administrator and
Chair at the earliest opportunity, of the item and providing sufficient copies
for the meeting.
3 of 4
Policy No: GOV-BOA-130
Policy Title: STANDING COMMITTEES
h)
Minutes of a Standing Committee meeting shall be taken by the Clerk or
designateand completed minutes shall be publishedno later than the Friday
preceding the next regular Council meeting. If the minutes cannot be
published for the Friday delivery, they shall be available at the Council
meeting.
4.5 Committee meetings shall be conducted in accordance with Chapter 25 (Council
Procedures) of the Municipal Code.
5. HISTORY OF POLICY CHANGES
Administrative Updates
2016-06 - Policy I-130 template re-formatted to new numbering system
and given number GOV-BOA-130.
Formal Amendments
2005-09-19 - As per Council directive
4 of 4
POLICY Policy No: GOV-BOA-130
Approval Date: May 27, 2002
Policy Title: STANDING COMMITTEES
Policy Type: COUNCIL Reviewed Date: July 2016
Next Review Date: July 2021
Category: Governance
Reviewed Date:
Sub-Category: Board & Committee
Last Amended: September 19, 2005
Author: Author Unknown
Replaces: I-130 - Standing
Dept/Div: Finance & Corporate
Committees
Services\\Legislated
Services\\Council/,Committee
Services
Repealed:
Replaced by:
Related Policies, Procedures and/or Guidelines:
Municipal Act, 2001, S.O. 2001, c. 25. To be included at next review.
1. POLICY PURPOSE:
To be included at next review.Standing Committees of Council facilitate
the decision-making process of Council. Standing Committees work on behalf of
Council to provide advice and make recommendations to Council. They are an
important forum for policy debate and public
of responsibility. To capture the efficiency afforded by working in smaller groups,
Council does not repeat the detailed discussion and analysis conducted by the
Committee during Council sessions.
2. DEFINITIONS:
To be included at next review."Chair" the individual appointed by a Committee to act
as the chair of the Committee at any given meeting.
"Clerk" the person appointed by Council under Section 228 of the Municipal Act, 2001,
S.O. 2001, c. 25. d).
1 of 4
Policy No: GOV-BOA-130
Policy Title: STANDING COMMITTEES
committee of either of them, where:
(a) A quorum of members is present, and
(b) Members discuss or otherwise deal with any matter in a way that materially
advances the business or decision-making of the council, local board or
committee
and its Committees.
the Committee at any given meeting and shall assume the authority and perform all the
duties of the Chair in the absence of the Chair.
3. SCOPE:
POLICY APPLIES TO THE FOLLOWING:
All Employees
All Full-Time Employees All Union
Management C.U.P.E. 68 Civic
Non Union C.U.P.E. 68 Mechanics
Temporary C.U.P.E. 791
Student I.B.E.W. 636
Part-Time Employees K.P.F.F.A.
Specified Positions only: Other:
Council Local Boards & Advisory Committees
To be included at next review.
4. POLICY CONTENT:
4.1 The Standing Committees of Council shall be:
a) Finance and Corporate Services Committee
b) Community and Infrastructure Services Committee
c) Development and Technical Services Planning and Strategic Initiatives
Committee.
2 of 4
Policy No: GOV-BOA-130
Policy Title: STANDING COMMITTEES
4.2 Notwithstanding issues which are of an overriding financial, administrative or
strategic nature, the individual City departments report to the Standing
Committee corresponding to their functionsdepartment name, and the Chief
Administrator's Office reports through the Finance and Corporate Services
Committee.
4.3 The dates of Standing Committee meetings shall be set by resolution of Council,
with the City Clerk having discretion to alter the times as advisable to ensure the
most efficient overall meeting arrangements.
4.4 Committee Meetings
a) Meeting agendas will be prepared by the Office of the City Clerk. The
Committee AdministratorClerk or designate in consultation with the
committee Committee Chair, shall determine the items on the agenda which
shall appear as consent items requiring one motion to adopt all without
debate. The Committee AdministratorClerk or designate will estimate the
time required to complete each item and include the time in the agenda
proper.
b) Each Department is responsible for meeting the agenda preparation
deadlines established by the City Clerk advising the Committee
AdministratorClerk or designate well in advance, when a major significant
agenda item is coming forward to ensure meeting efficiency. Departments
that cannot meet the deadlines will be responsible for supplying the required
number of copies of the report to the Office of the City Clerk for delivery.
The Department is responsible for delivery to the Corporate Management
Team no later than the Friday preceding the Committee meeting.
c) Any report containing financial considerations shall have the approval of the
General Manager of Financial ServicesChief Financial Officer or his
/hertheir designate prior to inclusion on the agenda.
d) No verbal reports will be allowed from staff unless absolutely necessary and
if necessary, are to be limited to 5 minutes in length. are to be limited in
length as per the rules outlined
e) All members of Council should attempt, to the degree possible, to rectify
raise and address problems at thematters with staff level in advance of
and/or rather than bringing items directly to committee under new New
businessBusiness.
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Policy No: GOV-BOA-130
Policy Title: STANDING COMMITTEES
f) The Committee Chair is responsible for conducting the meeting and for
ensuring that the business of the Committee is addressed within the
allocated time frame.
g) Committee agendas shall be delivered published by the Office of the City
ClerkLegislated Services
law.no later than the Friday preceding the Committee meeting. Late items
not included on the agenda are only considered subject to Committee
approval. It is the responsibility of the Department to inform the Committee
Administrator and Chair at the earliest opportunity, of the item and providing
sufficient copies for the meeting.
h) Minutes of a Standing Committee meeting shall be taken by the Committee
AdministratorClerk or designate and completed minutes will shall be
delivered publishedto members of the Committee no later than the Friday
preceding the next regular Council meeting. If the minutes cannot be readied
published for the Friday delivery, they shall be available at the Council
meeting.
4.5 4.5 The Committee meetings shall be conducted in accordance with
Chapter 25 (Council Procedures) of the Municipal Code.
5. HISTORY OF POLICY CHANGES
Administrative Updates
2016-06 - Policy I-130 template re-formatted to new numbering system
and given number GOV-BOA-130.
Formal Amendments
2005-09-19 - As per Council directive
4 of 4
POLICY Policy No: GOV-COR-015
Approval Date: December 10, 2007
Policy Title: CORPORATE ACCOUNTABILITY
& TRANSPARENCY
Reviewed Date: June 2016
Policy Type: COUNCIL
Next Review Date: June 2021
Category: Governance Reviewed Date:
Sub-Category:Corporate
Last Amended: March 3, 2014
Author: Director, Legislated Services and
City Clerk
Replaces: I-015, Corporate
Accountability &
Dept/Div: Finance & Corporate Services
Transparency
Department, Legislated Services
Related Policies, Procedures and/or Guidelines:
Municipal Act, 2001, S.O. 2001, c. 25.
1. POLICY PURPOSE:
The City of Kitchener (‘the City’) is committed to the fundamental principles of
accountability and transparency as they are key values within the City’s Open
Government Framework. The City has adopted the following as its Vision for
Open Government: “To provide a City government that is transparent and
accountable to its residents, with opportunities for meaningful, accessible public
participation, made possible through innovation, technology and collaboration.”
The City of Kitchener is committed to creating a culture where Council, staff and
residentsof Kitchener are aware of and understand the principles of
accountability and transparency, and their roles in upholding these essential
standards of good government that enhance public trust.
In support of the open government principles of accountability and transparency,
this Policy outlines the City’s commitments which will ensure:
The City is open by default, subject to financial, legal, legislative and privacy
constraints;
Council decision-making is open and transparent;
The City is accountable for the provision and performance of its services.
1 of 7
Policy No: GOV-COR-015
Policy Title: CORPORATE ACCOUNTABILITY & TRANSPARENCY
2. DEFINITIONS:
Accountability: the City has established rules and guidelines that ensure the
City is able to explain its actions to the public.
Transparency: City information is accurate, timely, available and decisions are
open for public review and discussion.
3. SCOPE:
POLICY APPLIES TO THE FOLLOWING:
All Employees
All Full-Time Employees All Union
Management C.U.P.E. 68 Civic
Non Union C.U.P.E. 68 Mechanics
Temporary C.U.P.E. 791
Student I.B.E.W. 636
Part-Time Employees K.P.F.F.A.
Specified Positions only: Other:
Council Local Boards & Advisory Committees
4. POLICY CONTENT:
a) LEGISLATIVE AUTHORITY
Section 270 of the Municipal Act 2001 (The “Act”) requires that all
municipalities adopt and maintain a policy with respect to the manner in which
the municipality will ensure it is accountable to the public for its actions, and
the manner in which its actions are transparent to the public. The purpose of
this policy is to provide guidance for the delivery of municipal activities and
services in an accountable and transparent manner in accordance with the
Municipal Act.
b) APPLICATION
This Policy applies to all City employees and members of City Council.
c) POLICY COMPONENTS
In order to ensure the principles of Accountability and Transparency are
practiced and adhered to as a matter of good governance, the following
represent overarching guidance for the provision of City activities, services
and programs in support of the principles.
2 of 7
Policy No:GOV-COR-015
Policy Title:CORPORATE ACCOUNTABILITY & TRANSPARENCY
Accountability Components:
The roles and responsibilities of the City must be clearly defined.In the
context of other levels of government, it should be clearly explained as to
which government is responsible for what services. Within the City, the roles
of Council and staff, and the responsibility for services provided, need to be
easily understood. The roles and responsibilities of stakeholders – including
individuals, customers and businesses - that utilize the services of the City
must also be clearly defined in order to ensure the service is provided in a
fair, equitable and timely manner and that the anticipated outcomes are
achieved.
Actions will be consistent with clearly understood expectations.
Services offered by the City should be clearly explained and outlined to
include what is expected from the customer and what the customer can
expect from the City. In setting expectations and reaching agreement,
expectations may be implied or explicit. In many cases there will be a
reasonable expectation based on common sense or normal practices and in
other cases the outcome or expectation will need to be specifically given and
acknowledged. Wherever possible the anticipated outcome of any service
provided by the City will be given to provide clarity on what the individual,
customer or business can expect.
There must be a reasonable balance between expectations and
capacities. Customer and resident expectations may change from time to
time, and all expectations must be balanced against the City’s authority,
available skills and resources required to achieve the expected outcome.
There must be clear and timely reporting on actions. Reporting must be
credible, the information useful, accurate, timely and accessible. Reporting on
actions taken or not taken shall be clear and easy to understand.
There must be reasonable review and adjustment. Accountable reporting
will highlight areas where expectations have been met, as well as those which
have not. Achievements should be recognized, and where expectations have
not been met, adjustment and corrective actions may need to be made.
Transparency Components:
City information must be fully accessible within legal limitations.
Providing information that individuals or others require in order to comment on
the City’s services and activities, allows for the influencing of City activities
and decisions and initiating change. This results in trust, enabling the City to
3 of 7
Policy No:GOV-COR-015
Policy Title:CORPORATE ACCOUNTABILITY & TRANSPARENCY
manage its services and activities more effectively and efficiently. Information
provided by the City must be accessible, understandable, and provided in the
appropriate format. In providing information or data, the City must balance
this obligation with other legal and regulatory obligations. The City will
continue to comply with legislation that protects certain information.
Whenever meaningful information is withheld, an explanation will be given as
to why.
All information should be provided in clear, simple language. City
information that is provided publicly should be provided in clear, plain
language. Whenever there is a requirement to provide information in a certain
way in order to satisfy legal or regulatory obligations, a plain language
description will also be provided.
Information deemed to be in the public interest is to be updated
regularly, consistently and as much as possible, proactively.Processes
will be established to ensure information is updated and remains relevant
following initial provision of the information. The City is committed to evolving
the culture of the organization toward being ‘open by default’, where
meaningful information is provided to the public proactively and not based on
reaction to requests.
d) POLICY COMMITMENTS
The City has in place a number of activities and actions supporting
Accountability and Transparency. The following is a summary of the key
methods through which the principles are practiced and adhered to. The City
strives to meet these commitments and it must be understood that City
resources – human, financial and technical – have limitations based on
operating and capital budgets, which are developed with public consultation.
Council Meetings
The City provides the public with information on the role and responsibilities
of the Mayor and city Councillors. The time and dates of meetings, agendas
and reports under consideration are made available to the public in advance
of public deliberations. All staff reports to Council or Committees of Council
are written using a standard report template in clear non-technical language
where possible, providing the reader with full information on the topic. A
digital repository is used to maintain up-to-date records of Council by-laws,
reports and minutes and is openly accessible to the general public. All
meetings of Council and Committees of Council are open to the public, with
exceptions as permitted by the Municipal Act, and members of the public are
4 of 7
Policy No:GOV-COR-015
Policy Title:CORPORATE ACCOUNTABILITY & TRANSPARENCY
invited to be delegations to Council to ask questions or discuss specific
issues. Agendas for closed meetings of Council provide as much information
as possible without revealing confidential information.
Budgets and Financial Information
The City publishes the annual budget written in plain language. Budget
deliberations are held in public Council/Committee sessions, and members of
the public are encouraged to provide input and comments. Budget variance
reportsare published at least three times a year with explanations provided
for significant deviations. Proposed and actual expenditures of development
charges are reported annually. Audited financial statements accompanied by
plain language explanations are published annually.
Public Services
The City proactively provides information to the public on the services that are
provided, the processes for accessing public services including fees and
timelines, and contact information for key personnel, making the information
easily accessible and using plain language. The City has expanded its
internet and social media presence including online services. Feedback and
complaint mechanisms are in place using a range of channels. The City’s
internal audit function has a broad mandate to review the efficiency and
effectiveness of City operations under Council’s direction.
Procurement
The City has a comprehensive, clear and understandable framework for the
open and transparent procurement of goods and services. Opportunities are
openly advertised and bids are opened publicly. Selection criteria are clear,
awards are fully disclosed, and mechanisms are in place to dispute a contract
award. Standardized documents and e-procurement technology are used to
provide simple, secure and efficient processes and provide accurate and
timely disclosure of information for potential contractors and the general
public. The City has in place by-laws and procedures guiding the authority of
staff to enter into contractual agreements within defined limits. By-laws and
procedures also provide guidance for City land acquisition and sale.
Conflict of Interest
The City applies clear rules and guidelines for the disclosure and
management of conflicts of interest to ensure decisions are not improperly
affected by self-interest. Direction is provided for offers of gifts and hospitality
to prevent special interests from attempting to offer staff or members of
Council items or services of value in return for favours. A code of conduct has
been established for members of Council. Employment of relatives of staff
and members of Council is limited through policy. The Integrity Commissioner
role has been established to review potential conflicts of interest.
5 of 7
Policy No:GOV-COR-015
Policy Title:CORPORATE ACCOUNTABILITY & TRANSPARENCY
Records Management and Access to Information
The City maintains sound records management practices, ensuring that
accurate and reliable records are created and remain accessible, usable and
authentic for as long as they are needed. A wide range of information and
records are proactively made available to the public online, and routinely
available information that is not available online can be requested directly
from the service area or division responsible for the information. Records or
information that is not routinely disclosed can be requested by making a
Freedom of Information Request and the City will make every attempt to
provide appropriate access to records while respecting the need for privacy,
in accordance with legislation.
Open Data
In support of transparency, the City is making its data “open by default”. The
prioritization for publishing open data is complemented by community
engagement with individuals, businesses and other public sector
organizations. The City strives to make this data machine and human
readable, and releases public information that helps reveal and inform
decision-making as open datasets. The City has created specific
requirements, which are evolving, for ongoing updates of open data, and aims
to release its data in a timely manner, dependent on the nature of the data.
Open data is seen as a collaborative community undertaking to meet the
needs of the community, and to monitor changes within the open government
data community.
Engagement
The City has adopted a commitment to effectively involving the community in
public decision-making processes. A community engagement framework has
been established and training is provided for city staff, to provide direction
and guidance on the development and implementation of community
engagement processes. As standard practice, staff reports to Council are
required to indicate the way in which members of the community will be or
have been involved in the issue at hand, if applicable. The City has a current
policy regarding public notice requirements. Community members can also
get involved through various committees, tribunals and boards. Committees
provide advice and feedback to City Council and standing committees on a
variety of issues or topics, including arts and culture, accessibility, downtown,
the environment and the City’s strategic plan; whereas tribunals and boards
have the autonomy to make decisions.
e) ROLES AND RESPONSIBILITIES
The City Clerk holds an oversight role for this Policy and is the first point of
contact regarding the Policy. Staff and Council have responsibility for various
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Policy No: GOV-COR-015
Policy Title: CORPORATE ACCOUNTABILITY & TRANSPARENCY
actions and activities related to the Policy and in support of the open
government principles of accountability and transparency.
f) APPOINTMENTS
Under part VI of the Municipal Act, the City is authorized to appoint the
following: Integrity Commissioner, Lobbyist registry, Ombudsman, and Auditor
General. New appointments are reviewed as deemed required by staff or
Council. Continuations or renewals of existing appointments are reviewed
before the expiration of the current contact term(s).
g) REVIEW AND REPORTING
This Policy will be reviewed once during each term of Council for relevance,
currency and accuracy including the review of activities and commitments in
place to support accountability and transparency. The Policy is intended to
provide general and relevant direction, on which to build supporting actions.
Initiatives that further accountability and transparency will be reported through
public meetings in accordance with the City’s Open Government Framework.
5. HISTORY OF POLICY CHANGES
Administrative Updates
2016-06 - I-015 policy template re-formatted to new numbering system and given
number GOV-COR-015.
Formal Amendments
2008-10-06 - As per Council/CLT directive.
2014-03-03 - As per Council/CLT directive.
7 of 7
POLICY Policy No: GOV-COR-015
Approval Date: December 10, 2007
Policy Title: CORPORATE ACCOUNTABILITY
& TRANSPARENCY
Reviewed Date: June 2016
Policy Type: COUNCIL
Next Review Date: June 2021
Category: Governance Reviewed Date:
Sub-Category:Corporate
Last Amended: March 3, 2014
Author: Director, Legislated Services and
City Clerk
Replaces: I-015, Corporate
Accountability &
Dept/Div: Finance & Corporate Services
Transparency
Department, Legislated Services
Related Policies, Procedures and/or Guidelines:
To be included at next review. Municipal Act, 2001, S.O. 2001, c. 25.
1.POLICY PURPOSE:
The City of Kitchener (‘the City’) is committed to the fundamental principles of
accountability and transparency as they are key values within the City’s Open
Government Framework. The City has adopted the following as its Vision for
Open Government: “To provide a City government that is transparent and
accountable to its citizensresidents, with opportunities for meaningful, accessible
public participation, made possible through innovation, technology and
collaboration.”
The City of Kitchener is committed to creating a culture where Council, staff and
citizens residents of Kitchener are aware of and understand the principles of
accountability and transparency, and their roles in upholding these essential
standards of good government that enhance public trust.
In support of the open government principles of accountability and transparency,
this Policy outlines the City’s commitments which will ensure:
The City is open by default, subject to financial, legal, legislative and privacy
constraints;
Council decision-making is open and transparent;
The City is accountable for the provision and performance of its services.
1 of 7
Policy No: GOV-COR-015
Policy Title: CORPORATE ACCOUNTABILITY & TRANSPARENCY
2.DEFINITIONS:
Accountability: the City has established rules and guidelines that ensure the
City is able to explain its actions to the public.
Transparency: City information is accurate, timely, and freely available and
decisions are open for public review and discussion.
3.SCOPE:
POLICY APPLIES TO THE FOLLOWING:
All Employees
All Full-Time EmployeesAllUnion
Management C.U.P.E. 68 Civic
Non Union C.U.P.E. 68 Mechanics
Temporary C.U.P.E. 791
Student I.B.E.W. 636
Part-Time Employees K.P.F.F.A.
Specified Positions only: Other:
Council Local Boards & Advisory Committees
To be included at next review.
4. POLICY CONTENT:
a) LEGISLATIVE AUTHORITY
Section 270 of the Municipal Act 2001 (The “Act”) requires that all
municipalities adopt and maintain a policy with respect to the manner in which
the municipality will ensure it is accountable to the public for its actions, and
the manner in which its actions are transparent to the public. The purpose of
this policy is to provide guidance for the delivery of municipal activities and
services in an accountable and transparent manner in accordance with the
Municipal Act.
b) APPLICATION
This Policy applies to all City employees and members of City Council.
c) POLICY COMPONENTS
In order to ensure the principles of Accountability and Transparency are
practiced and adhered to as a matter of good governance, the following
2 of 7
Policy No: GOV-COR-015
Policy Title: CORPORATE ACCOUNTABILITY & TRANSPARENCY
represent overarching guidance for the provision of City activities, services
and programs in support of the principles.
Accountability Components:
The roles and responsibilities of the City must be clearly defined.In the
context of other levels of government, it should be clearly explained as to
which government is responsible for what services. Within the City, the roles
of Council and staff, and the responsibility for services provided, need to be
easily understood. The roles and responsibilities of stakeholders – including
citizensindividuals, customers and businesses - that utilize the services of the
City must also be clearly defined in order to ensure the service is provided in
a fair, equitable and timely manner and that the anticipated outcomes are
achieved.
Actions will be consistent with clearly understood expectations.
Services offered by the City should be clearly explained and outlined to
include what is expected from the customer and what the customer can
expect from the City. In setting expectations and reaching agreement,
expectations may be implied or explicit. In many cases there will be a
reasonable expectation based on common sense or normal practices and in
other cases the outcome or expectation will need to be specifically given and
acknowledged. Wherever possible the anticipated outcome of any service
provided by the City will be given to provide clarity on what the
citizenindividual, customer or business can expect.
There must be a reasonable balance between expectations and
capacities.Customer and citizen residentexpectations may change from
time to time, and all expectations must be balanced against the City’s
authority, available skills and resources required to achieve the expected
outcome.
There must be clear and timely reporting on actions. Reporting must be
credible, the information useful, accurate, timely and accessible. Reporting on
actions taken or not taken shall be clear and easy to understand.
There must be reasonable review and adjustment. Accountable reporting
will highlight areas where expectations have been met, as well as those which
have not. Achievements should be recognized, and where expectations have
not been met, adjustment and corrective actions may need to be made.
Transparency Components:
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Policy No: GOV-COR-015
Policy Title: CORPORATE ACCOUNTABILITY & TRANSPARENCY
City information must be fully accessible within legal limitations.
Providing information that citizens individuals or others require in order to
comment on the City’s services and activities, allows for the influencing of
City activities and decisions and initiating change. This results in trust,
enabling the City to manage its services and activities more effectively and
efficiently. Information provided by the City must be accessible,
understandable, and provided in the appropriate format. In providing
information or data, the City must balance this obligation with other legal and
regulatory obligations. The City will continue to comply with legislation that
protects certain information. Whenever meaningful information is withheld, an
explanation will be given as to why.
All information should be provided in clear, simple language. City
information that is provided publicly should be provided in clear, plain
language. Whenever there is a requirement to provide information in a certain
way in order to satisfy legal or regulatory obligations, a plain language
description will also be provided.
Information deemed to be in the public interest is to be updated
regularly, consistently and as much as possible, proactively. Processes
will be established to ensure information is updated and remains relevant
following initial provision of the information. The City is committed to evolving
the culture of the organization toward being ‘open by default’, where
meaningful information is provided to the public proactively and not based on
reaction to requests.
d) POLICY COMMITMENTS
The City has put and/or is putting in place a number of activities and actions
supporting Accountability and Transparency. The fFollowing is a summary of
the key methods through which the principles are practiced and adhered to.
The City strives to meet these commitments and it must be understood that
City resources – human, financial and technical – have limitations based on
operating and capital budgets, which are developed with public consultation.
Council Meetings
The City provides the public with information on the role and responsibilities
of the Mayor and city Councillors. The time and dates of meetings, agendas
and reports under consideration are made available to the public in advance
of public deliberations. All staff reports to Council or Committees of Council
are written using a standard report template in clear non-technical language
where possible, providing the reader with full information on the topic. A
4 of 7
Policy No: GOV-COR-015
Policy Title: CORPORATE ACCOUNTABILITY & TRANSPARENCY
digital repository is used to maintain up-to-date records of Council by-laws,
reports and minutes and is openly accessible to the general public. All
meetings of Council and Committees of Council are open to the public, with
exceptions as permitted by the Municipal Act, and members of the public are
invited to be delegations to Council to ask questions or discuss specific
issues. Agendas for closed meetings of Council provide as much information
as possible without revealing confidential information.
Budgets and Business PlansFinancial Information
The City publishes the annual proposed budget and business plan written in
plain language in both print and digital formats, which is replaced by the
annual approved budget once it has been ratified by Council. Budget
deliberations are held in public Council/Committee sessions in Council, and
members of the public are encouraged to provide input and comments.
Budget variance reports are published at least three times a year with,
financial indicators and business plan status updates are published
throughout the year with explanations provided for significant deviations.
Proposed and actual expenditures of development charges are reported
regularlyannually. Audited financial statements accompanied by plain
language explanations are published annually.
Public Services
The City proactively provides information to the public on the services that are
provided, the processes for accessing public services including fees and
timelines, and contact information for key personnel, making the information
easily accessible and using plain language. The City has expanded its
internet and social media presence including online services. Feedback and
complaint mechanisms are in place using a range of channels. The City’s
internal audit function has a broad mandate to review the efficiency and
effectiveness of City operations under Council’s direction.
Procurement
The City has a comprehensive, clear and understandable framework for the
open and transparent procurement of goods and services. Opportunities are
openly advertised and bids are opened publicly. Selection criteria are clear,
awards are fully disclosed, and mechanisms are in place to dispute a contract
award. Standardized documents and e-procurement technology are used to
provide simple, secure and efficient processes and provide accurate and
timely disclosure of information for potential contractors and the general
public. The City has in place by-laws and procedures guiding the authority of
staff to enter into contractual agreements within defined limits. By-laws and
procedures also provide guidance for City land acquisition and sale.
Conflict of Interest
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Policy No: GOV-COR-015
Policy Title: CORPORATE ACCOUNTABILITY & TRANSPARENCY
The City applies clear rules and guidelines for the disclosure and
management of conflicts of interest to ensure decisions are not improperly
affected by self-interest. Direction is provided for offers of gifts and hospitality
to prevent special interests from attempting to offer staff or members of
Council items or services of value in return for favours. A code of conduct has
been established for members of Council. Employment of relatives of staff
and members of Council is limited through policy. The Integrity Commissioner
role has been established to review potential conflicts of interest.
Records Management and Access to Information
The City maintains sound records management practices, ensuring that
accurate and reliable records are created and remain accessible, usable and
authentic for as long as they are needed. A wide range of information and
records are proactively made available to the public online, and routinely
available information that is not available online can be requested directly
from the service area or division responsible for the information. Records or
information that is not routinely disclosed can be requested by making a
Freedom of Information Request and the City will make every attempt to
provide appropriate access to records while respecting the need for privacy,
in accordance with legislation.
Open Data
In support of transparency, the City is making its data “open by default”. The
prioritization for publishing open data is complemented by community
engagement with citizensindividuals, businesses and other public sector
organizations. The City strives to make this data machine and human
readable, and releases public information that helps reveal and inform
decision-making as open datasets. The City has created specific
requirements, which are evolving, for ongoing updates of open data, and aims
to release its data in a timely manner, dependent on the nature of the data.
Open data is seen as a collaborative community undertaking to meet the
needs of the community, and to monitor changes within the open government
data community.
Citizen Engagement
The City has adopted a commitment to effectively involving the community in
public decision-making processes. A community engagement framework has
been established and training is provided for city staff, to provide direction
and guidance on the development and implementation of community
engagement processes. As standard practice, staff reports to Council are
required to indicate the way in which members of the community will be or
/have been involved in the issue at hand, if applicable. The City has a current
policy regarding public notice requirements. Citizens and community
members can also get involved through various citizen committees, tribunals
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Policy No: GOV-COR-015
Policy Title: CORPORATE ACCOUNTABILITY & TRANSPARENCY
and boards. Citizen cCommittees provide advice and feedback to City
Council and standing committees on a variety of issues or topics, including
arts and culture, accessibility, downtown, the environment and the City’s
strategic plan; whereas tribunals and boards have the autonomy to make
decisionsfor the good of their organizations.
e) ROLES AND RESPONSIBILITIES
The City Clerk holds an oversight role for this Policy and is the first point of
contact regarding the Policy. Staff and Council have responsibility for various
actions and activities related to the policy Policy and in support of the open
government principles of accountability and transparency.
f) APPOINTMENTS
Under part VI of the Municipal Act, the City is authorized to appoint the
following: Integrity Commissioner, Lobbyist registry, Ombudsman, and Auditor
General. New appointments are reviewed as deemed required by staff or
Council. Continuations or renewals of existing appointments are reviewed
before the expiration of the current contact term(s).
g) REVIEW AND REPORTING
This Policy will be reviewed once during each term of Council for relevance,
currency and accuracy including the review of activities and commitments in
place to support accountability and transparency. The Policy is intended to
provide general and relevant direction, on which to build supporting actions.
Initiatives that further Progress toward becoming more
accountablaccountability e and transparent transparency will be reported
through public meetingsreporting on actions in the upcoming 4-year action
plan, supporting in accordance with the City’s Open Government Framework.
5. HISTORY OF POLICY CHANGES
Administrative Updates
2016-06 - I-015 policy template re-formatted to new numbering system and given
number GOV-COR-015.
Formal Amendments
2008-10-06 - As per Council/CLT directive.
2014-03-03 - As per Council/CLT directive.
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POLICY Policy No: GOV-COU-005
Approval Date: October 6, 2008
Policy Title: CODE OF CONDUCT FOR
MEMBERS OF COUNCIL,
Reviewed Date: June 2021
LOCAL BOARDS &
ADVISORY COMMITTEES
Next Review Date:June 2026
Policy Type: COUNCIL
Last Amended: August 21, 2021
Category: Governance
Replaces: I-005, Code of Conduct for
Sub-Category: Board & Committee
Members of Council, Local
Boards and Advisory
Author: City Clerk
Committees
Dept/Div: Finance & Corporate Services
Repealed:
Department, Legislated
Services
Replaced by:
Related Policies, Procedures and/or Guidelines:
To be included at next review.
1. POLICY PURPOSE:
A written Code of Conduct reinforces the City of Kitchener’s Accountability and
Transparency Policy and other relevant legislation within which all members of
Council, local boards and advisory committees must operate. It ensures that those
members share a common integrity base and through adherence to its principles,
the Code of Conduct serves to enhance public trust.
The key principles that underline the Code of Conduct are as follows:
all members to whom this Code of Conduct applies shall serve in a
conscientious and diligent manner;
members shall be committed to performing their functions with integrity and
to avoiding the improper use of the influence of their office, and conflicts of
interest, both real and apparent;
members are expected to perform their duties in office and arrange their
private affairs in a manner that promotes public confidence and will bear
close public scrutiny;
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Policy No: GOV-COU-005
Policy Title: CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL BOARDS
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members are responsible for making honest statements and no member
shall make a statement when they know that statement is false, or with the
intent to mislead other members or the public;
members are responsible for conducting their duties and responsibilities in
a manner that is consistent with the City of Kitchener’s commitment to
equity, inclusion and anti-racism, whereby racism and oppression are not
permissible at either an individual or systemic level, in accordance with
policy GOV-COR-2025 (Equity, Inclusion and Anti-Racism); and;
members shall seek to serve the public interest by upholding both the letter
and the spirit of the laws and policies established by the Federal Parliament,
Ontario Legislature, and Kitchener City Council.
2. DEFINITIONS:
“Anti-Racism” – shall mean understanding and dismantling racism. It is a change
and transformation focused practice and requires action. It’s not anti-racism if a
conversation isn’t followed by concrete actions and accountability.
“Code of Conduct” - shall mean the City of Kitchener Code of Conduct for
Members of Council, Local Boards and Advisory Committees.
“Complaint” - shall mean a purported contravention of the Code of Conduct.
“Equity” – shall mean the conditions for fair and equal access and opportunity for
everyone, by addressing discriminations, exclusions and barriers experienced by
distinct groups. Equity is not the same as equality, nor is it the same as inequality.
“Frivolous” - shall mean of little or no weight, worth, or importance; not worthy of
serious notice.
“Good faith” - shall mean accordance with standards of honesty, trust, sincerity.
“Inclusion” – shall mean the achievement of a work environment in which all
individuals are treated fairly and respectfully, have equal access to opportunities
and resources, and can contribute fully to the organization’s success.
“Integrity Commissioner” - shall mean the Integrity Commissioner appointed by
the Council of the City of Kitchener to provide independent and consistent
complaint investigation and resolution, respecting the application of the Code of
Conduct.
“Immediate relative” - shall mean a parent, spouse, child, sister, brother, sister-
in-law, brother-in-law, father-in-law, mother-in-law as well as step-relationships;
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Policy Title:CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL BOARDS
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spouse shall mean the person to whom a person is married or with whom the
person is living in a conjugal relationship outside marriage.
“Lobby”- shall mean to communicate with a member outside of a public process
about matters of interest or benefit to the lobbyist and their client / business /
organization. Communication may be about a by-law or resolution on any matter
that requires a decision by City Council, a local board or delegated decision maker.
This includes matters regarding policies or programs, the purchase of goods and
services and the awarding of contracts, applications for a service, grant, planning
approval or other licence.
“Lobbyist” - shall mean a person who communicates for payment with public
office holders, a person who lobbies on a volunteer basis for a business or a not-
for-profit professional, business, industry, trade or labour organization or a
consultant or voluntary lobbyist who arranges meetings between a member and
any other person for the purpose of lobbying.
“Local board” - for the purposes of the Code of Conduct a local board shall mean
one of the following boards / quasi-judicial committees established by Kitchener
City Council:
Belmont Village Business Improvement Area
Kitchener Downtown Business Association (KDBA)
Animal / Dog Designation Appeal Committee
Committee of Adjustment
Property Standards Appeal Committee
“Oppression” – shall mean the social act of placing restrictions on an individual
or group by those in positions of power. The oppressed individual or group is
devalued, exploited and/or deprived of rights and privileges by the individual or
group who has more power.
“Private advantage” - for the purposes of the Code of Conduct private advantage
does not include a matter:
a) that is of general application or considered to be an interest in common
generally with the electors within the jurisdiction of an area; or,
b) that concerns the remuneration or benefits of a member of Council.
“Racism” – shall mean the marginalization and/or oppression of Black,
Indigenous and other racialized people based on a socially constructed racial
hierarchy that privileges white people. Racism can be openly displayed in racial
jokes and slurs or hate crimes, but it can be more deeply rooted in attitudes, values
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Policy No: GOV-COU-005
Policy Title: CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL BOARDS
AND ADVISORY COMMITTEES
and stereotypical beliefs. Racism operates at individual, systemic and societal
levels.
“Vexatious” - shall mean instituted without sufficient grounds and serving only to
cause annoyance to the defendant; troublesome; annoying: a vexatious situation.
3. SCOPE:
POLICY APPLIES TO THE FOLLOWING:
All Employees
All Full-Time EmployeesAllUnion
Management C.U.P.E. 68 Civic
Non Union C.U.P.E. 68 Mechanics
Temporary C.U.P.E. 791
Student I.B.E.W. 636
Part-Time Employees K.P.F.F.A.
Specified Positions only: Other:
Council Local Boards & Advisory Committees
4. POLICY CONTENT:
ROLES AND RESPONSIBILITIES
This Code of Conduct operates along with and as a supplement to the existing
statutes governing conduct. Five pieces of Federal and Provincial legislation
govern the conduct of members of Council, those being:
the Criminal Code of Canada;
the Municipal Conflict of Interest Act, as amended;
the Municipal Elections Act, 1996, as amended;
the Municipal Freedom of Information and Protection of Privacy Act; and,
the Municipal Act, 2001, as amended.
Part VI (Practices & Procedures) of the Municipal Act, 2001 prescribes the
following as the roles of a municipal council, the head of council and the head of
council as chief executive officer:
It is the role of council:
to represent the public and to consider the well-being and interests of the
municipality;
to develop and evaluate the policies and programs of the municipality;
to determine which services the municipality provides;
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Policy No:GOV-COU-005
Policy Title:CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL BOARDS
AND ADVISORY COMMITTEES
to ensure that administrative policies, practices and procedures and
controllership policies, practices and procedures are in place to implement
the decisions of council;
to ensure the accountability and transparency of the operations of the
municipality, including the activities of the senior management of the
municipality;
to maintain the financial integrity of the municipality; and,
to carry out the duties of council under this or any other Act.
It is the role of the head of council:
to act as chief executive officer of the municipality;
to preside over council meetings so that its business can be carried out
efficiently and effectively;
to provide leadership to the council;
to provide information and recommendations to the council with respect to
the role of council described in Sections 224.(d) and (d.1) of the Municipal
Act, 2001;
to represent the municipality at official functions; and,
to carry out the duties of the head of council under this or any other Act.
As chief executive officer of a municipality, the head of council shall,
uphold and promote the purposes of the municipality;
promote public involvement in the municipality’s activities;
act as the representative of the municipality both within and outside the
municipality, and promote the municipality locally, nationally and
internationally; and,
participate in and foster activities that enhance the economic, social and
environmental well-being of the municipality and its residents.
APPLICATION
Part 2 of the Code of Conduct shall apply to all members of Council and local
boards. In recognizing that advisory committees are comprised largely of volunteers
from across the City of Kitchener who have been appointed by Council to provide
special advice and expertise; some of the provisions outlined in Part 2 may not be
applicable to those members. Accordingly, the conduct of advisory committee
members shall be governed by the provisions of the Advisory Committee Members’
Code of Conduct, attached hereto as Appendix ‘A’.
BUSINESS RELATIONS
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Policy No:GOV-COU-005
Policy Title:CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL BOARDS
AND ADVISORY COMMITTEES
No member shall act as a lobbyist before Council, its committees, or an agency,
board or commission of the City except in compliance with the terms of the
Municipal Conflict of Interest Act. A member shall not refer a third party to a
person, partnership, or corporation in exchange for payment or other personal
benefit.
This does not prohibit activities in which a member would normally engage on
behalf of constituents in accordance with the duties of their office.
CONDUCT AT MEETINGS
At all meetings members shall conduct themselves with decorum in accordance
with the provisions of Kitchener Municipal Code Chapter 25 (Procedure)and in a
manner that is consistent with the City’s commitment to equity, inclusion and anti-
racism, in accordance with policy GOV-COR-2025 (Equity, Inclusion and Anti-
Racism) Respect for delegations, fellow members and staff requires that all
members show courtesy and not distract from the business of the City during
presentations and when other members have the floor.
CONDUCT OF A POLITICAL NATURE
No member shall use City facilities, services, or property for their election or re-
election campaign. No member shall use the services of City employees for their
election or re-election campaign, during hours in which the employees are in the
paid employment of the City. Council Policy ADM-ELE-226(Elections - Use of
Corporate Resources for Political Campaign Purposes) applies.
MANDATORY AND ONGOING EQUITY & ANTI-RACISM TRAINING
Members of City Council and volunteer members of local boards are expected to
complete all mandatory equity and anti-racism training required as per their
position as outlined in the corporate-wide Equity and Anti-Racism Training
Strategy. Members of Council are required to complete all mandatory training
within one Council term(4 years). Once all mandatory training is complete, Council
members are expected to take part in ongoing training opportunities throughout
subsequent Council terms, as provided by the City. Volunteer members of local
boards are required to complete all mandatory training within one appointment
term (2 years); once all mandatory training is complete, board members are
expected to take part in ongoing training opportunities throughout subsequent
appointment terms as provided through the City.
CONDUCT RESPECTING STAFF
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Policy No:GOV-COU-005
Policy Title:CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL BOARDS
AND ADVISORY COMMITTEES
Members shall be respectful of the fact that staff work for the City as a body
corporate and are charged with making recommendations that reflect their
professional expertise and corporate perspective, without undue influence from
any individual member or group of members. Members shall be respectful of the
fact that staff carry out directions of Council and administer the policies of the
municipality, and are required to do so without any undue influence from any
individual member or group of members. Accordingly, no member shall
maliciously or falsely injure the professional or ethical reputation, or the prospects
or practice of staff, and all members shall show respect for the professional
capacities of the staff of the City of Kitchener.
Council has delegated responsibility to the Chief Administrative Officer (CAO) for
the administration of the affairs of the City in accordance with the decisions
adopted by Council. This means that under the direction of the CAO, staff have
the responsibility and the authority to provide consultation, advice and direction to
Council and to implement Council approved policy. To fulfill this role, staff
establishes the appropriate administrative policies, systems, structures and
internal controls to implement the goals and objectives of Council, and to manage
implementation within the resources at their disposal. Council therefore should
expect a high quality of advice from staff based on political neutrality and objectivity
irrespective of party politics, the loyalties of persons in power, or their personal
opinions.
No member shall compel staff to engage in partisan political activities or be
subjected to threats or discrimination for refusing to engage in such activities. Nor
shall any member use, or attempt to use, their authority or influence for the purpose
of intimidating, threatening, coercing, commanding, or influencing any staff
member with the intent of interfering with that person’s duties, including the duty
to disclose improper activity.
CONDUCT WHILE REPRESENTING THE CITY
Members shall make every effort to participate diligently in the activities of the
agencies, boards, committees and commissions to which they are appointed.
CONFIDENTIAL INFORMATION
Pursuant to Kitchener Municipal Code Chapter 25 (Procedure)and authorized
under Section 239 of the Municipal Act, 2001, where a matter discussed at an in-
camera (closed) meeting remains confidential, no member shall disclose the
content of that matter, or the substance of the deliberations of an in-camera
meeting. Members shall not permit any persons, other than those who are entitled
thereto, to have access to confidential information. Members shall not disclose or
release by any means to any member of the public either in verbal or written form
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Policy No:GOV-COU-005
Policy Title:CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL BOARDS
AND ADVISORY COMMITTEES
any confidential information acquired by virtue of their office, except when required
to do so by law.
Particular care should be exercised in ensuring the confidentiality of the following
types of information:
the security of the property of the municipality or local board;
personnel matters about an identifiable individual, including municipal or
local board employees;
a proposed or pending acquisition or disposition of land by the municipality
or local board;
labour relations or employee negotiations;
litigation or potential litigation, including matters before administrative
tribunals, affecting the municipality or local board;
advice that is subject to solicitor-client privilege, including communications
necessary for that purpose;
a matter in respect of which a council, board, committee or other body may
hold a closed meeting under another Act;
items under negotiation, or personnel matters;
information that infringes on the rights of others (e.g. sources of complaints
where the identity of a complainant is given in confidence);
price schedules in contract tender or Request For Proposal submissions if
so specified;
information deemed to be “personal information” under the Municipal
Freedom of Information and Protection of Privacy Act;
statistical data required by law not to be released (e.g. certain census or
assessment data);
information supplied in confidence to the municipality by another level of
government;
third-party information supplied in confidence to the municipality (e.g., a
trade secret or scientific, technical, commercial, financial or labour relations
information);
information (e.g., a trade secret or scientific, technical, commercial, or
financial information) that belongs to the municipality and has monetary
value;
a position, plan, procedure, criteria or instruction to be applied to
negotiations; and,
any and all statements that have been provided in confidence or in-camera.
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Policy No: GOV-COU-005
Policy Title: CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL BOARDS
AND ADVISORY COMMITTEES
The above list is provided as an example and is not exclusive. Requests for
information will be referred to appropriate staff to be addressed as either an
informal request for access to municipal records, or as a formal request under the
Municipal Freedom of Information and Protection of Privacy Act.
DISCREDITABLE CONDUCT
Harassment may be defined as any behaviour by any person that is directed at or
is offensive to another person on the grounds of race, ancestry, place of origin,
colour, ethnic origin, citizenship, creed, sex, age, disability, sexual orientation,
marital status, or family status and any other grounds identified under the Ontario
Human Rights Code.
All members have a duty to treat members of the public, one another and staff
appropriately and without abuse, bullying or intimidation, and to ensure that their
work environment is free from racism, discrimination and harassment. The Ontario
Human Rights Code applies, as does HUM-WOR-120 (Employment - Human
Rights).
EMPLOYMENT OF COUNCIL RELATIVES
Immediate relatives of elected officials shall not be employed by the City; and to
this, the provisions of HUM-HR-110 (Employment of Relatives of Staff Members
and Elected Officials) applies.
FAILURE TO ADHERE TO COUNCIL POLICIES AND PROCEDURES
A number of the provisions of this Code of Conduct incorporate policies and
procedures adopted by Kitchener City Council. More generally, members are
required to observe the terms of all policies and procedures established by
Council. However, this provision does not prevent a member from requesting that
Council grant an exemption from a policy, other than this Code of Conduct.
GIFTS AND BENEFITS
No member shall accept a fee, advance, gift or personal benefit that is connected
directly or indirectly with the performance of their duties of office, unless permitted
by the exceptions listed below. Notwithstanding the exceptions listed, no member
shall accept monies or any instrument that can be converted into monies unless
authorized by law. For these purposes, a fee or advance paid to, or a gift or benefit
provided by a third party with the member’s knowledge to a member’s spouse,
child (who is under the age of 18 years), is deemed to be a gift to that member.
The following are recognized as exceptions:
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Policy No: GOV-COU-005
Policy Title: CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL BOARDS
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a) compensation authorized by by-law;
b) gifts or benefits that normally accompany the responsibilities of office and
are received as an incident of protocol or social obligation;
c) a political contribution otherwise reported by law;
d) services provided without compensation by persons volunteering their time;
e) a suitable memento of a function honouring the member;
f) food, lodging, transportation and entertainment provided by provincial,
regional and local governments or political subdivisions of them; and, by the
Federal government or the government of a foreign country;
g) food, beverages and / or admission fees provided for banquets, receptions
or similar events, if:
i.attendance is resultant to protocol or social obligations that
accompanies the responsibility of office; and,
ii.the person extending the invitation or a representative of the
organization is in attendance;
h) communication to the offices of a member, including subscriptions to
newspapers and periodicals.
In the case of categories (b) (e) (f) (g) and (h), if the value of the gift or benefit
exceeds $100, or if the total value received from any one source over any 12 month
period exceeds $300, the member shall within 30 days of receipt of the gift or
reaching the annual limit, file a disclosure statement with the Office of the City
Clerk.
The disclosure statement must indicate:
1. The nature of the gift or benefit;
2. Its source and date of receipt;
3. The circumstances under which it was given or received;
4. Its estimated value;
5. What the recipient intends to do with the gift; and,
6. Whether any gift will at any point be left with the City.
All disclosure statements shall be a matter of public record.
IMPROPER USE OF INFLUENCE
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Policy Title:CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL BOARDS
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No member shall use the influence of theiroffice for any purpose other than for the
exercise of their official duties. No member shall seek or obtain by reason of their
office any personal privilege or private advantage with respect to City services not
otherwise available to the general public and not consequent to their official duties.
Examples of prohibited conduct are the use of one’s status to improperly influence
the decision of another person to the private advantage of oneself, or one’s
immediate relative, staff members, friends, or associates, business or otherwise.
This would include attempts to secure preferential treatment beyond activities in
which members normally engage on behalf of their constituents as part of their
official duties. Also prohibited is the holding out of the prospect or promise of future
advantage through a member’s supposed influence in return for present actions or
inaction.
USE OF CITY PROPERTY, SERVICES AND OTHER RESOURCES
No member shall use for personal purposes any City property, equipment,
services, supplies or services of consequence other than for purposes connected
with the discharge of City duties or associated community activities of which City
Council has been advised. No member shall use information gained in the
execution of theirduties that is not available to the general public for any purposes
other than their official duties. No member shall obtain financial gain from the use
of City developed intellectual property, computer programs, technological
innovations or other patentable items, while an elected official or thereafter. All
such property remains the exclusive property of the City of Kitchener.
No member shall use City property, services or other city-funded / city-sponsored
/ city-supported resources (e.g., Councillor columns, social media accounts) for
the purposes of election campaigning, as outlined in Council Policy ADM-ELE-226
(Elections -Use of City Facilities for Political Campaign Purposes).This does not
include the use of personal social media/networking accounts registered publicly
in the member’s name.
COMPLAINT PROTOCOL
The complaint protocol shall not retroactively apply to any alleged transgressions
occurring prior to the date on which the Code of Conduct was formally adopted by
Council.
In accordance with Section 223.4.1(3) of the Municipal Act, 2001 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
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Policy No: GOV-COU-005
Policy Title: CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL BOARDS
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31 of the Municipal Elections Act, 1996(the MEA) and ending on voting day in a
regular election, as set out in section 5 of the MEA.
In accordance with Section 223.4.1 (4) of the Municipal Act, an application may
only be made within six weeks after the applicant became aware of the alleged
contravention.
In accordance with Section 223.4.1 (5) of the Municipal Act, 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.
INTEGRITY COMMISSIONER
Pursuant to Section 223.3 (1) of the Municipal Act, 2001, the City of Kitchener shall
appoint an Integrity Commissioner who reports to Council and is responsible for
performing the following duties in an independent and consistent manner:
(i) Advice:providing written advice to members of council, upon request, on
their obligations under the Code; procedures, rules or policies of the
municipality; and, the Municipal Conflict of Interest Act.
(ii) Complaint Investigation: having the power to assess and investigate formal
written complaints respecting alleged contraventions of the Code of
Conduct;
(iii) Complaint Adjudication: determining whether a member of Council or local
board has in fact violated a protocol, by-law or policy governing their ethical
behaviour; with the final decision making authority resting with Council as
to whether the recommendation(s) of the Integrity Commissioner are
imposed;
(iv) Annual Reporting: providing Council, through the City Clerk, with an annual
reporton findings of complaint cases;
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Policy Title: CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL BOARDS
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(v) Launch Proceedings: having the power to launch its own proceedings to a
judge against a member with respect to section 5, 5.1 and 5.2 of the
Municipal Conflict of Interest Act; and,
(vi) Education: providing educational information to members, the municipality
and the public about the municipality’s code of conduct and the Municipal
Conflict of Interest Act.
REQUESTS FOR ADVICE/EDUCATIONAL INFORMATION
A request by a member of Council or of a local board for advice from the
Commissioner shall be made in writing and emailed to integrity@adr.ca.
If the Commissioner provides advice to a member of Council or of a local board,
the advice shall be in writing and emailed to the member.
If the Commissioner provides educational information to the public, the
Commissioner may summarize advice they have provided but shall notdisclose
confidential information that could identify a person concerned. Requests for
educational information for the public should be made to the City Clerk.
INFORMAL COMPLAINT PROCEDURE
Individuals (e.g., municipal employees, members of the public, members of
Council or local boards) or organizations, who have identified or witnessed
behaviour or an activity by a member of Council, local board or advisory committee
that they believe is in contravention of the Code of Conduct could address the
prohibited behaviour or activity themselves as follows:
(1) advise the member that their behaviour or activity appears to contravene the
Code of Conduct;
(2) encourage the member to stop the prohibited behaviour or activity;
(3) keep a written record of the incidents including dates, times, locations, other
persons present, and any other relevant information;
(4) if applicable, confirm to the member that you are satisfied with the response
you received; or advise the member of your dissatisfaction with the response;
(5) consider the need to pursue the matter in accordance with the formal
complaint procedure, or in accordance with another applicable judicial or
quasi-judicial process or complaint procedure.
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Individuals and organizations are encouraged to initially pursue this informal
complaint procedure as a means of stopping and remedying a behaviour or activity
that is prohibited by the Code of Conduct.
Note: A person is not required to undertake the informal complaint procedure prior
to pursuing the formal complaint procedure.
FORMAL COMPLAINT PROCEDURE
1. Application
(1) All the provisions of this Section apply to a request for an inquiry by an
individual or an organization other than a local board or Council as a whole.
(2) Subsection 1(1) does not preclude individual members of Council or individual
members of a local board from filing a formal written complaint.
(3) Sections 5 to 11, except Subsections 6(1) (b) and 7(3), apply to a request for
an inquiry made by a local board or Council as a whole.
2. Complaint
(1) A request for an investigation of a complaint that a member has contravened
the Code of Conduct (the “complaint”) shall be in writing.
(2) All complaints shall be signed by an identifiable individual (which includes the
authorized signing officer of an organization).
(3) A complaint shall set out reasonable and probable grounds for the allegation
that the member has contravened the Code of Conduct and includes a supporting
affidavit (attached hereto as Appendix ‘B’) that sets out the evidence in support of
the complaint.
(4) Any commissioners for taking affidavits are authorized to take the
supporting affidavit.
3. File with Clerk
(1) The request for an investigation shall be filed with the City Clerk who shall
forward the matter to the Integrity Commissioner for initial classification to
determine if the matter is, on its face, a complaint with respect to non-
compliance of the Code of Conduct; and not covered by other legislation or
other Council policies as described in Subsection 3(3).
Deferral
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(2) If the complaint does not include a supporting affidavit, the Integrity
Commissioner may defer the classification until an affidavit is received.
(3) If the complaint, including any supporting affidavit, is not, on its face, a
complaint with respect to non-compliance with the Code of Conduct or the
complaint is covered by other legislation or a complaint procedure under
another Council policy, the Integrity Commissioner shall instruct the City Clerk
to advise the complainant in writing as follows:
a) if the complaint on its face is an allegation of a criminal nature consistent
with the Criminal Code of Canada, the complainant shall be advised that if
they wish to pursue any such allegation, they must pursue it with the
appropriate police force;
b) if the complaint on its face is with respect to non-compliance with the
Municipal Conflict of Interest Act, the complainant shall be advised to review
the matter with their own legal counsel;
c) if the complaint on its face is with respect to non-compliance with the
Municipal Freedom of Information and Protection of Privacy Act, the
complainant shall be advised that the matter will be referred to the Manager
of Corporate Records for review;
d) if the complaint on its face is with respect to non-compliance with a more
specific Council policy with a separate complaint procedure, the
complainant shall be advised that the matter will be processed under that
procedure; and,
e) in other cases, the complainant shall be advised that the matter, or part of
the matter, is not within the jurisdiction of the Integrity Commissioner to
process, with any additional reasons and referrals as the Integrity
Commissioner considers appropriate. For example, a complaint regarding
a member of Kitchener City Council relating to their actions while serving
on Regional Council would not be within the jurisdiction of the Integrity
Commissioner, as the Region of Waterloo is a separate level of
government; and the Integrity Commissioner will advise accordingly.
Reports
(4) The Integrity Commissioner may report to Council or a local board that a
specific complaint is not within the jurisdiction of the Integrity Commissioner.
(5) The Integrity Commissioner shall report annually to Council on complaints
within the jurisdiction of the Integrity Commissioner, but shall not disclose
information that could identify a person concerned.
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(6) Should no complaints be received within a calendar year, the Clerk shall report
to Council accordingly and no annual report shall be made by the Integrity
Commissioner.
4. Refusal to Conduct Investigation
(1) If the Integrity Commissioner is of the opinion that the referral of a matter to
him or her is frivolous, vexatious or not made in good faith, or that there are
no grounds or insufficient grounds for an investigation, the Integrity
Commissioner shall not conduct an investigation, or, where that becomes
apparent in the course of an investigation, terminate the investigation.
(2) Complaints referred that are repetitious in nature, not germane to the Code of
Conduct, deemed frivolous, vexatious, or without substance in the opinion of
the Integrity Commissioner; shall not be advanced to an investigation stage.
(3) Other than in exceptional circumstances, the Integrity Commissioner will not
report to Council or a local board on any complaint described in Subsections
4(1) and 4(2) except as part of an annual or other periodic report.
5. Investigations
(1) If a complaint has been classified as being within the Integrity Commissioner’s
jurisdiction and not rejected under Section 4, the Integrity Commissioner shall
investigate and may attempt to settle the complaint.
Public Inquiries Act
(2) Under Section 223.4(2) of the Municipal Act, 2001, the Integrity Commissioner
may elect to investigate a complaint by exercising the powers of a commission
under Parts I and II of the Public Inquiries Act.
(3) When the Public Inquiries Act applies to an investigation of a complaint, the
Integrity Commissioner shall comply with the procedures specified in that Act
and this complaint protocol, but, if there is a conflict between a provision of the
complaint protocol and a provision of the Public Inquiries Act, the provision of
the Public Inquiries Act prevails.
Complaint - Gifts and Benefits
(4) Upon receiving a formal written complaint, not deemed to be frivolous or
vexatious, that a gift or benefit was received contrary to the conditions set out
herein, the Integrity Commissioner shall examine the disclosure statement to
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ascertain whether the receipt of the gift or benefit might, in their opinion, create
a conflict between a private interest and the public duty of the member. In the
event that the Integrity Commissioner makes that preliminary determination,
theyshall call upon the member to justify receipt of the gift or benefit.
(5) Should the Integrity Commissioner determine that receipt of the gift or benefit
was inappropriate, he/she may recommend that Council direct the member to
return the gift, reimburse the donor for the value of any gift or benefit already
consumed, forfeit the gift or remit the value of the gift or benefit already
consumed to the City; or such other action as the Integrity Commissioner
deems to be appropriate.
6. Opportunity to Comment
(1) The Integrity Commissioner will proceed as follows, except where otherwise
required by the Public Inquiries Act:
a) serve the complaint and supporting material upon the member whose
conduct is in question with a request that a written response to the allegation
be filed within ten days; and,
b) serve the complainant with a copy of the member’s written response with a
request that the complainant provide a written reply within ten days.
(2) If necessary, after reviewing the written materials, the Integrity Commissioner
may speak to anyone relevant to the complaint, access and examine any of
the information described in Section 223.4(2) of the Municipal Act, 2001 and
may enter any municipal or local board work location relevant to the complaint
for the purposes of investigation and settlement.
(3) The Integrity Commissioner shall not issue a report finding a violation of the
Code of Conduct on the part of any member unless the member has had 10
days notice of the basis for the proposed finding and any recommended
sanction and an opportunity to respond in writing, within the same said 10
days, to the Integrity Commissioner on their findings and any recommended
sanction.
Interim Reports
(4) The Integrity Commissioner may make interim reports to Council where
necessary and as required to address any instances of delay, interference,
obstruction or retaliation encountered during the investigation; or as otherwise
deemed necessary by the Integrity Commissioner.
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7. Final Report
(1) The Integrity Commissioner shall report the general findings of their
investigation to the complainant and the member no later than 90 days after
the making of the complaint. That report shall indicate when the Integrity
Commissioner anticipates presenting theirrecommended corrective action(s)
for Council’s consideration.
(2) Where the complaint is sustained in whole or in part, the Integrity
Commissioner shall also report to Council or the local board, or both, outlining
the findings, and/or recommended corrective action(s).
(3) Where the complaint is dismissed, other than in exceptional circumstances,
the Integrity Commissioner shall not report to Council or the local board except
as part of an annual or other periodic report.
Lawful recommendations
(4) Any recommended corrective action must be permitted in law and shall be
designed to ensure that the inappropriate behaviour or activity does not
continue.
(5) Section 223.3 of the Municipal Act, 2001 authorizes Council to impose either
of two penalties on a member of Council or local board following a report by
the Integrity Commissioner that, in their opinion, there has been a violation of
the Code of Conduct:
a) a reprimand; or,
b) suspension of the remuneration paid to the member in respect of his or her
services as a member of Council or local board, as the case may be, for a
period of up to 90 days.
The Integrity Commissioner may also recommend that Council or a local board
take the following actions:
c) removal from membership from an advisory committee or local board;
d) removal as Chair of a Committee or local board;
e) repayment or reimbursement of moneys received;
f) return of property or reimbursement of its value; or,
g) a request for an apology to Council, the complainant, or both.
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8. Member not Blameworthy
If the Integrity Commissioner determines that there has been no contravention of
the Code of Conduct or that a contravention occurred although the member took
all reasonable measures to prevent it, or that a contravention occurred that was
trivial or committed through inadvertence or an error of judgment made in good
faith, the Integrity Commissioner shall so state in the report and shall recommend
that no penalty be imposed.
9. Report to Council
The City Clerk shall process the Integrity Commissioner’s report for the next
meeting of Council or local board, or both. Said report shall remain confidential
until the matter has received complete and final disposition by the Integrity
Commissioner and has been reported out to the members of Council through the
City Clerk.
10. Duty of Council / Local Board
Council or a local board shall consider and respond to the report within 90 days
after the day the report is laid before it.
11. Confidentiality
A complaint will be processed in compliance with the confidentiality requirements
in Section 223.5 of the Municipal Act, 2001, which are summarized in the following
subsections:
a) the Integrity Commissioner and every person acting under their instructions
shall preserve secrecy with respect to all matters that come to their
knowledge in the course of any investigation except as required by law in a
criminal proceeding or in accordance with the provisions of Section 223.5(1)
of the Municipal Act, 2001.
b) pursuant to Section 223.5(3) of the Municipal Act, 2001, this Section
prevails over the Municipal Freedom of Information and Protection of
Privacy Act.
c) if the Integrity Commissioner reports to the municipality or to a local board
their opinion about whether a member of Council, a local board or advisory
committee has contravened the applicable Code of Conduct, the Integrity
Commissioner may disclose in the report such matters as in the Integrity
Commissioner’s opinion are necessary for the purposes of the report.
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d) the municipality and each local board shall ensure that reports received
from the Integrity Commissioner by the municipality or by the board, as the
case may be, are made available to the public upon the matter being
reported out to the members of Council. Neither the Integrity Commissioner
nor any person acting under the instructions of the Integrity Commissioner
is a competent or compellable witness in a civil proceeding in connection
with anything done under this Part.
e) if the Integrity Commissioner, 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 of Canada, the Integrity
Commissioner 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 Council through the City Clerk.
12. Integrity Commissioner Vacancy
Should the office of Integrity Commissioner become vacant, the Code of Conduct
remains in effect and all members shall abide by the provisions set out therein.
When a vacancy occurs, all formal complaints shall be held in abeyance until such
time as a new Integrity Commissioner has been appointed; or an interim measure
enacted to enable the complaint to be addressed within a reasonable amount of
time. For example the City could engage the services of an Integrity Commissioner
from another local municipality as a potential interim measure.
REPRISALS AND OBSTRUCTION
Members shall respect the integrity of the Code of Conduct and investigations
conducted under it. Any reprisal or threat of reprisal against a complainant or
anyone for providing relevant information to the Integrity Commissioner is therefore
prohibited. It is also a violation of the Code of Conduct to obstruct the Integrity
Commissioner in the carrying out of their responsibilities, as, for example, by the
destruction of documents or the erasing of electronic communications.
5. HISTORY OF POLICY CHANGES
Administrative Updates
2016-06-01 - I-005 policy template re-formatted to new numbering system and
given number GOV-COU-005.
Formal Amendments
2009-11-02 - As per Council directive.
2019-06-24 - As per Council directive.
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Policy Title: CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL BOARDS
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APPENDIX ‘A’
Advisory Committee and Local Board Members’ Code of Conduct
The purpose of an advisory committee is to provide informed advice and guidance,
as well as to facilitate public input to City Council on programs and policies. In
recognition of the impartial and objective advice received from advisory
committees, as well as the challenges and inherent restrictions placed upon these
same individuals in assessing and recommending various options in a
conscientious and ethical manner, the following Code of Conduct is provided as a
general standard for all advisory committee members to ensure they are acting in
a manner that is appropriate with regard to their committee.
The Advisory Committee Members’ Code of Conduct shall be applicable to all
members of the City of Kitchener’s advisory committees, being:
Arts and Culture Advisory Committee;
Compass Kitchener;
Cycling and Trails Advisory Committee;
Downtown Action and Advisory Committee;
Economic Development Advisory Committee;
Environmental Committee;
Equity and Anti-Racism Advisory Committee;
Heritage Kitchener; and
Safe and Healthy Community Advisory Committee.
1. Advisory committee members shall, when conducting committee business,
preparing written correspondence, interacting with the media, members of
Council, staff or members of the public, act in a manner that accomplishes
the following:
a) fulfils the mandate and mission statement of his or her advisory
committee;
b) respects due process and the authority of the Chair, Vice-Chair or
Presiding Officer;
c) demonstrates respect for all fellow committee members, Council,
staff and the public;
d) respects and gives fair consideration to diverse and opposing
viewpoints;
e) demonstrates due diligence in preparing for meetings, special
occasions, or other committee-related events;
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f) demonstrates professionalism, transparency, accountability and
timeliness in completing any tasks or projects undertaken by the
committee;
g) conducts their duties and responsibilities in a manner that is
consistent with the City of Kitchener’s commitment to equity,
inclusion and anti-racism, whereby racism and oppression are not
permissible at either an individual or systemic level, in accordance
with policy GOV-COR-XXX (Equity, Inclusion and Anti-Racism)
h) conforms with all relevant legislation, by-laws, policies and
guidelines; and,
i)contributes in a meaningful manner, offering constructive comments
to Council, staff and fellow committee members.
2. A member of an advisory committee shall not:
a) place them self in a position where the member is under obligation
to any person who might benefit from special consideration or favour
on their part or who might seek in any way preferential treatment;
b) accord, in the performance of his or her official duties, preferential
treatment to relatives or to organizations in which the member, his or
her relatives have an interest, financial or otherwise;
c) deal with an application to the City for a grant, award, contract, permit
or other benefit involving the member, his or her immediate relative;
d) place them self in a position where the member could derive any
direct benefit or interest from any matter about which they can
influence decisions; and,
e) benefit from the use of information acquired during the course of his
or her official duties which is not generally available to the public.
3. Advisory committee members shall complete all mandatory equity and anti-
racism training required as per their position as outlined in the corporate-wide
Equity and Anti-Racism Training Strategy. Volunteer members of advisory
committees are required to complete all mandatory training within one
appointment term (2 years); once all mandatory training is complete, advisory
committee members are expected to take part in ongoing training opportunities
throughout subsequent appointment terms as provided through the City.
4. A member of an advisory committee shall disclose immediately to the
committee or the Committee Administrator, who would disclose to the
committee, that the member could be involved in either a real or perceived
conflict of interest as prohibited by the Code; and shall abide by any decision
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made by the committee, with respect to such conflict of interest without
recourse.
If a member is perceived or known to have a conflict of interest as prohibited
by the Code and has not disclosed this to the committee; then that matter may
be brought forward for the committee’s consideration. When such a matter has
been brought forward, the committee, through a majority vote, would determine
if the member is in a conflict position in accordance with the provisions of
Section 2 of this Code.
4. Where an advisory committee member believes or has been advised by the
committee that they have a conflict of interest in a particular matter, he/she
shall:
a) prior to any consideration of the matter, disclose his or her interest
and the general nature thereof;
b) leave the room for the duration of time that the matter is being
considered;
c) not take part in the discussion of, or vote on any question or
recommendation in respect of the matter; and,
d) not attempt in any way whether before, during or after the meeting to
influence the voting on any such question or recommendation.
5. Where the number of members who, by reason of conflict, are incapable of
participating in a meeting such that the remaining members no longer constitute
a quorum, as set out in Kitchener Municipal Code Chapter 25 (Procedure); then
the remaining members shall be deemed to constitute a quorum provided there
are not less than two members present.
6. Notwithstanding Section 2(c), members of Heritage Kitchener who own
property designated under Part IV or Part V of the Ontario Heritage Act and are
seeking consideration of a Heritage Permit Application (HPA) for said property
are permitted to address the committee regarding their HPA; but, are prohibited
from taking part in the committee’s deliberation and / or voting regarding that
matter.
7. Should a member of an advisory committee breach any of the clauses set out
herein, the City Clerk may refer the matter to Council who will consider whether
to take any of the possible corrective actions, as outlined under Part 3
Subsection 7(5) of the Code of Conduct for Members of Council, Local Boards
and Advisory Committees.
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APPENDIX ‘B’
CODE OF CONDUCT COMPLAINT FORM
Applicant Information:
_______________________________________________________
\[Name\]
_______________________________________________________
\[Address\]
_______________________________________________________
\[Phone\] \[Email\]
I, ___________________________________, of the_________________________
\[Full name\] \[City, Town, etc. of\]
in the ______________________________________________________________
\[Municipality of Residence\]
in the Province of Ontario have personal knowledge of the facts as set out in this
complaint form, because
___________________________________________________________________
\[Insert reasons - e.g. I work for . . . or I attended the meeting at which . . . etc\].
I have reasonable and probable grounds to believe that a member of Kitchener City
Council or local board, _________________________________________________
\[Specify name of member\],
has contravened section(s) ___________________________ of the Code of Conduct.
\[Specify section(s)\]
The particulars of which are as follows:
\[Set out the statements of fact in consecutively numbered paragraphs in the space below, with each paragraph being confined
as far as possible to a particular statement of fact. If you require more space, please use the attached Schedule ‘A’ form and
check the appropriate box below. If you wish to include exhibits to support this complaint, please refer to the exhibits as Exhibit
A, B, etc. and attach them to this Complaint Form.\]
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
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___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
Please see the attached Schedule ‘A’ ( )
Please read the following before signing: If the Integrity Commissioner launches an inquiry
into the complaint, the content of this form, including the Applicant’s identity, may be shared
with the Member who is the subject of the complaint. At the end of the inquiry the Integrity
Commissioner may issue a public report that includes information about the complaint,
including the identities of the parties involved. Only sign this complaint form if you understand
and accept the potential for disclosure of your identity and the information provided. I, the
undersigned, request that this matter be reviewed by the Integrity Commissioner for the City
of Kitchener.
____________________________________________
\[Signature of Complainant\] \[Date\]
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Page ___ of ___.
Schedule ‘A’
To the Complaint Form
\[If more than one page is required, please photocopy this blank page and mark each additional page as 2 of 2, 2 of 3, etc. at
the top right corner.\]
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
______________________________
\[Signature of Complainant\]
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POLICY Policy No: GOV-COU-005
Approval Date: October 6, 2008
Policy Title: CODE OF CONDUCT FOR
MEMBERS OF COUNCIL,
Reviewed Date: June 2021
LOCAL BOARDS &
ADVISORY COMMITTEES
Next Review Date:June 2026
Policy Type: COUNCIL
Last Amended: August 21, 2021
Category: Governance
Replaces: I-005, Code of Conduct for
Sub-Category: Board & Committee
Members of Council, Local
Boards and Advisory
Author: City Clerk
Committees
Dept/Div: Finance & Corporate Services
Repealed:
Department, Legislated
Services
Replaced by:
Related Policies, Procedures and/or Guidelines:
To be included at next review.
1. POLICY PURPOSE:
A written Code of Conduct reinforces t
Transparency Policy and other relevant legislation within which all members of
Council, local boards and advisory committees must operate. It ensures that those
members share a common integrity base and through adherence to its principles,
the Code of Conduct serves to enhance public trust.
The key principles that underline the Code of Conduct are as follows:
all members to whom this Code of Conduct applies shall serve in a
conscientious and diligent manner;
members shall be committed to performing their functions with integrity and
to avoiding the improper use of the influence of their office, and conflicts of
interest, both real and apparent;
members are expected to perform their duties in office and arrange their
private affairs in a manner that promotes public confidence and will bear
close public scrutiny;
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members are responsible for making honest statements and no member
shall make a statement when they know that statement is false, or with the
intent to mislead other members or the public;
members are responsible for conducting their duties and responsibilities in
a manner that is consistent with t
equity, inclusion and anti-racism, whereby racism and oppression are not
permissible at either an individual or systemic level, in accordance with
policy GOV-COR-XXX 2025 (Equity, Inclusion and Anti-Racism); and;
members shall seek to serve the public interest by upholding both the letter
and the spirit of the laws and policies established by the Federal Parliament,
Ontario Legislature, and Kitchener City Council.
2. DEFINITIONS:
shall mean understanding and dismantling racism. It is a change
and transformation focused practice and requireanti-racism if a
rete actions and accountability.
- shall mean the City of Kitchener Code of Conduct for
Members of Council, Local Boards and Advisory Committees.
- shall mean a purported contravention of the Code of Conduct.
ir and equal access and opportunity for
everyone, by addressing discriminations, exclusions and barriers experienced by
distinct groups. Equity is not the same as equality, nor is it the same as inequality.
- shall mean of little or no weight, worth, or importance; not worthy of
serious notice.
- shall mean accordance with standards of honesty, trust, sincerity.
work environment in which all
individuals are treated fairly and respectfully, have equal access to opportunities
and resources, and can contribute fully
- shall mean the Integrity Commissioner appointed by
the Council of the City of Kitchener to provide independent and consistent
complaint investigation and resolution, respecting the application of the Code of
Conduct.
- shall mean a parent, spouse, child, sister, brother, sister-
in-law, brother-in-law, father-in-law, mother-in-law as well as step-relationships;
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spouse shall mean the person to whom a person is married or with whom the
person is living in a conjugal relationship outside marriage.
- shall mean to communicate with a member outside of a public process
about matters of interest or benefit to the lobbyist and their client / business /
organization. Communication may be about a by-law or resolution on any matter
that requires a decision by City Council, a local board or delegated decision maker.
This includes matters regarding policies or programs, the purchase of goods and
services and the awarding of contracts, applications for a service, grant, planning
approval or other licence.
- shall mean a person who communicates for payment with public
office holders, a person who lobbies on a volunteer basis for a business or a not-
for-profit professional, business, industry, trade or labour organization or a
consultant or voluntary lobbyist who arranges meetings between a member and
any other person for the purpose of lobbying.
- for the purposes of the Code of Conduct a local board shall mean
one of the following boards / quasi-judicial committees established by Kitchener
City Council:
Belmont Village Business Improvement Area
Kitchener Downtown Business Association (KDBA)
Animal / Dog Designation Appeal Committee
Committee of Adjustment
Property Standards Appeal Committee
ing restrictions on an individual
or group by those in positions of power. The oppressed individual or group is
devalued, exploited and/or deprived of rights and privileges by the individual or
group who has more power.
- for the purposes of the Code of Conduct private advantage
does not include a matter:
a) that is of general application or considered to be an interest in common
generally with the electors within the jurisdiction of an area; or,
b) that concerns the remuneration or benefits of a member of Council.
on and/or oppression of Black,
Indigenous and other racialized people based on a socially constructed racial
hierarchy that privileges white people. Racism can be openly displayed in racial
jokes and slurs or hate crimes, but it can be more deeply rooted in attitudes, values
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and stereotypical beliefs. Racism operates at individual, systemic and societal
levels.
Vexatious cient grounds and serving only to
cause annoyance to the defendant; troublesome; annoying: a vexatious situation.
3. SCOPE:
POLICY APPLIES TO THE FOLLOWING:
All Employees
All Full-Time Employees All Union
Management C.U.P.E. 68 Civic
Non Union C.U.P.E. 68 Mechanics
Temporary C.U.P.E. 791
Student I.B.E.W. 636
Part-Time Employees K.P.F.F.A.
Specified Positions only: Other:
Council Local Boards & Advisory Committees
4. POLICY CONTENT:
ROLES AND RESPONSIBILITIES
This Code of Conduct operates along with and as a supplement to the existing
statutes governing conduct. Five pieces of Federal and Provincial legislation
govern the conduct of members of Council, those being:
the Criminal Code of Canada;
the Municipal Conflict of Interest Act, as amended;
the Municipal Elections Act, 1996, as amended;
the Municipal Freedom of Information and Protection of Privacy Act; and,
the Municipal Act, 2001, as amended.
Part VI (Practices & Procedures) of the Municipal Act, 2001 prescribes the
following as the roles of a municipal council, the head of council and the head of
council as chief executive officer:
It is the role of council:
to represent the public and to consider the well-being and interests of the
municipality;
to develop and evaluate the policies and programs of the municipality;
to determine which services the municipality provides;
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to ensure that administrative policies, practices and procedures and
controllership policies, practices and procedures are in place to implement
the decisions of council;
to ensure the accountability and transparency of the operations of the
municipality, including the activities of the senior management of the
municipality;
to maintain the financial integrity of the municipality; and,
to carry out the duties of council under this or any other Act.
It is the role of the head of council:
to act as chief executive officer of the municipality;
to preside over council meetings so that its business can be carried out
efficiently and effectively;
to provide leadership to the council;
to provide information and recommendations to the council with respect to
the role of council described in Sections 224.(d) and (d.1) of the Municipal
Act, 2001;
to represent the municipality at official functions; and,
to carry out the duties of the head of council under this or any other Act.
As chief executive officer of a municipality, the head of council shall,
uphold and promote the purposes of the municipality;
act as the representative of the municipality both within and outside the
municipality, and promote the municipality locally, nationally and
internationally; and,
participate in and foster activities that enhance the economic, social and
environmental well-being of the municipality and its residents.
APPLICATION
Part 2 of the Code of Conduct shall apply to all members of Council and local
boards. In recognizing that advisory committees are comprised largely of citizen
volunteers from across the City of Kitchener who have been appointed by Council
to provide special advice and expertise; some of the provisions outlined in Part 2
may not be applicable to those members. Accordingly, the conduct of advisory
committee members shall be governed by the provisions of the Advisory Committee
BUSINESS RELATIONS
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No member shall act as a lobbyist before Council, its committees, or an agency,
board or commission of the City except in compliance with the terms of the
Municipal Conflict of Interest Act. A member shall not refer a third party to a
person, partnership, or corporation in exchange for payment or other personal
benefit.
This does not prohibit activities in which a member would normally engage on
behalf of constituents in accordance with the duties of their office.
CONDUCT AT MEETINGS
At all meetings members shall conduct themselves with decorum in accordance
with the provisions of Kitchener Municipal Code Chapter 25 (Procedure) and in a
manner that is consistent
racism, in accordance with policy GOV-COR-XXX 2025 (Equity, Inclusion and Anti-
Racism) Respect for delegations, fellow members and staff requires that all
members show courtesy and not distract from the business of the City during
presentations and when other members have the floor.
CONDUCT OF A POLITICAL NATURE
No member shall use City facilities, services, or property for his/hertheir election
or re-election campaign. No member shall use the services of City employees for
his/hertheir election or re-election campaign, during hours in which the employees
are in the paid employment of the City. Council Policy ADM-ELE-226 (Elections -
Use of Corporate Resources for Political Campaign Purposes) applies.
MANDATORY AND ONGOING EQUITY & ANTI-RACISM TRAINING
Members of City Council and volunteer members of local boards are expected to
complete all mandatory equity and anti-racism training required as per their
position as outlined in the corporate-wide Equity and Anti-Racism Training
Strategy. Members of Council are required to complete all mandatory training
within one Council term (4 years). Once all mandatory training is complete, Council
members are expected to take part in ongoing training opportunities throughout
subsequent Council terms, as provided by the City. Volunteer members of local
boards are required to complete all mandatory training within one appointment
term (2 years); once all mandatory training is complete, board members are
expected to take part in ongoing training opportunities throughout subsequent
appointment terms as provided through the City.
CONDUCT RESPECTING STAFF
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Only Council as a whole has the authority to approve budgets, policies, committee
processes and other such matters. Therefore, members are not permitted to
individually direct the actions of staff, except as authorized by Council. Members
shall be respectful of the fact that staff work for the City as a body corporate and
are charged with making recommendations that reflect their professional expertise
and corporate perspective, without undue influence from any individual member or
group of members. Members shall be respectful of the fact that staff carry out
directions of Council and administer the policies of the municipality, and are
required to do so without any undue influence from any individual member or group
of members. Accordingly, no member shall maliciously or falsely injure the
professional or ethical reputation, or the prospects or practice of staff, and all
members shall show respect for the professional capacities of the staff of the City
of Kitchener.
Council as a whole directs the business of the City and passes by-laws, or
resolutions as appropriate, for decisions adopted by Council. Council has
delegated responsibility to the Chief Administrative Officer (CAO) for the
administration of the affairs of the City in accordance with the decisions adopted
by Council. This means that under the direction of the CAO, staff have the
responsibility and the authority to provide consultation, advice and direction to
Council and to implement Council approved policy. To fulfill this role, staff
establishes the appropriate administrative policies, systems, structures and
internal controls to implement the goals and objectives of Council, and to manage
implementation within the resources at their disposal. Council therefore should
expect a high quality of advice from staff based on political neutrality and objectivity
irrespective of party politics, the loyalties of persons in power, or their personal
opinions.
No member shall compel staff to engage in partisan political activities or be
subjected to threats or discrimination for refusing to engage in such activities. Nor
shall any member use, or attempt to use, their authority or influence for the purpose
of intimidating, threatening, coercing, commanding, or influencing any staff
member with the intent of interfering wits, including the duty
to disclose improper activity.
CONDUCT WHILE REPRESENTING THE CITY
Members shall make every effort to participate diligently in the activities of the
agencies, boards, committees and commissions to which they are appointed.
CONFIDENTIAL INFORMATION
Pursuant to Kitchener Municipal Code Chapter 25 (Procedure) and authorized
under Section 239 of the Municipal Act, 2001, where a matter discussed at an in-
camera (closed) meeting remains confidential, no member shall disclose the
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content of that matter, or the substance of the deliberations of an in-camera
meeting. Members shall not permit any persons, other than those who are entitled
thereto, to have access to confidential information. Members shall not disclose or
release by any means to any member of the public either in verbal or written form
any confidential information acquired by virtue of their office, except when required
to do so by law.
Particular care should be exercised in ensuring the confidentiality of the following
types of information:
the security of the property of the municipality or local board;
personnel matters about an identifiable individual, including municipal or
local board employees;
a proposed or pending acquisition or disposition of land by the municipality
or local board;
labour relations or employee negotiations;
litigation or potential litigation, including matters before administrative
tribunals, affecting the municipality or local board;
advice that is subject to solicitor-client privilege, including communications
necessary for that purpose;
a matter in respect of which a council, board, committee or other body may
hold a closed meeting under another Act;
items under negotiation, or personnel matters;
information that infringes on the rights of others (e.g. sources of complaints
where the identity of a complainant is given in confidence);
price schedules in contract tender or Request For Proposal submissions if
so specified;
Municipal
Freedom of Information and Protection of Privacy Act;
statistical data required by law not to be released (e.g. certain census or
assessment data);
information supplied in confidence to the municipality by another level of
government;
third-party information supplied in confidence to the municipality (e.g., a
trade secret or scientific, technical, commercial, financial or labour relations
information);
information (e.g., a trade secret or scientific, technical, commercial, or
financial information) that belongs to the municipality and has monetary
value;
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a position, plan, procedure, criteria or instruction to be applied to
negotiations; and,
any and all statements that have been provided in confidence or in-camera.
The above list is provided as an example and is not exclusive. Requests for
information will be referred to appropriate staff to be addressed as either an
informal request for access to municipal records, or as a formal request under the
Municipal Freedom of Information and Protection of Privacy Act.
DISCREDITABLE CONDUCT
Harassment may be defined as any behaviour by any person that is directed at or
is offensive to another person on the grounds of race, ancestry, place of origin,
colour, ethnic origin, citizenship, creed, sex, age, disability, sexual orientation,
marital status, or family status and any other grounds identified under the Ontario
Human Rights Code.
All members have a duty to treat members of the public, one another and staff
appropriately and without abuse, bullying or intimidation, and to ensure that their
work environment is free from racism, discrimination and harassment. The Ontario
Human Rights Code applies, as does HUM-WOR-120 (Employment - Human
Rights).
EMPLOYMENT OF COUNCIL RELATIVES
Immediate relatives of elected officials shall not be employed by the City; and to
this, the provisions of HUM-HR-110 (Employment of Relatives of Staff Members
and Elected Officials) applies.
FAILURE TO ADHERE TO COUNCIL POLICIES AND PROCEDURES
A number of the provisions of this Code of Conduct incorporate policies and
procedures adopted by Kitchener City Council. More generally, members are
required to observe the terms of all policies and procedures established by
Council. However, this provision does not prevent a member from requesting that
Council grant an exemption from a policy, other than this Code of Conduct.
GIFTS AND BENEFITS
No member shall accept a fee, advance, gift or personal benefit that is connected
directly or indirectly with the performance of his/hertheir duties of office, unless
permitted by the exceptions listed below. Notwithstanding the exceptions listed, no
member shall accept monies or any instrument that can be converted into monies
unless authorized by law. For these purposes, a fee or advance paid to, or a gift
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or benefit provided by a thir
spouse, child (who is under the age of 18 years), is deemed to be a gift to that
member.
The following are recognized as exceptions:
a) compensation authorized by by-law;
b) gifts or benefits that normally accompany the responsibilities of office and
are received as an incident of protocol or social obligation;
c) a political contribution otherwise reported by law;
d) services provided without compensation by persons volunteering their time;
e) a suitable memento of a function honouring the member;
f) food, lodging, transportation and entertainment provided by provincial,
regional and local governments or political subdivisions of them; and, by the
Federal government or the government of a foreign country;
g) food, beverages and / or admission fees provided for banquets, receptions
or similar events, if:
i. attendance is resultant to protocol or social obligations that
accompanies the responsibility of office; and,
ii. the person extending the invitation or a representative of the
organization is in attendance;
h) communication to the offices of a member, including subscriptions to
newspapers and periodicals.
In the case of categories (b) (e) (f) (g) and (h), if the value of the gift or benefit
exceeds $100, or if the total value received from any one source over any 12 month
period exceeds $300, the member shall within 30 days of receipt of the gift or
reaching the annual limit, file a disclosure statement with the Office of the City
Clerk.
The disclosure statement must indicate:
1. The nature of the gift or benefit;
2. Its source and date of receipt;
3. The circumstances under which it was given or received;
4. Its estimated value;
5. What the recipient intends to do with the gift; and,
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6. Whether any gift will at any point be left with the City.
All disclosure statements shall be a matter of public record.
IMPROPER USE OF INFLUENCE
No member shall use the influence of his/hertheir office for any purpose other than
for the exercise of his/hertheir official duties. No member shall seek or obtain by
reason of his/hertheir office any personal privilege or private advantage with
respect to City services not otherwise available to the general public and not
consequent to his/hertheir official duties.
Examples of prohibited conduc to improperly influence
the decision of another person to the private advant
immediate relative, staff members, friends, or associates, business or otherwise.
This would include attempts to secure preferential treatment beyond activities in
which members normally engage on behalf of their constituents as part of their
official duties. Also prohibited is the holding out of the prospect or promise of future
in return for present actions or
inaction.
USE OF CITY PROPERTY, SERVICES AND OTHER RESOURCES
No member shall use for personal purposes any City property, equipment,
services, supplies or services of consequence other than for purposes connected
with the discharge of City duties or associated community activities of which City
Council has been advised. No member shall use information gained in the
execution of his/hertheir duties that is not available to the general public for any
purposes other than his/hertheir official duties. No member shall obtain financial
gain from the use of City developed intellectual property, computer programs,
technological innovations or other patentable items, while an elected official or
thereafter. All such property remains the exclusive property of the City of
Kitchener.
No member shall use City property, services or other city-funded / city-sponsored
/ city-supported resources (e.g., Councillor columns, social media accounts) for
the purposes of election campaigning, as outlined in Council Policy ADM-ELE-226
(Elections - Use of City Facilities for Political Campaign Purposes). This does not
include the use of personal social media/networking accounts registered publicly
COMPLAINT PROTOCOL
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The complaint protocol shall not retroactively apply to any alleged transgressions
occurring prior to the date on which the Code of Conduct was formally adopted by
Council.
In accordance with Section 223.4.1 (3) of the Municipal Act, 2001 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 (the MEA) and ending on voting day in a
regular election, as set out in section 5 of the MEA.
In accordance with Section 223.4.1 (4) of the Municipal Act, an application may
only be made within six weeks after the applicant became aware of the alleged
contravention.
In accordance with Section 223.4.1 (5) of the Municipal Act, 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.
INTEGRITY COMMISSIONER
Pursuant to Section 233 223.3 (1) of the Municipal Act, 2001, the City of Kitchener
shall appoint an Integrity Commissioner who reports to Council and is responsible
for performing the following duties in an independent and consistent manner:
(i) Advice: providing written advice to members of council, upon request, on
their obligations under the Code; procedures, rules or policies of the
municipality; and, the Municipal Conflict of Interest Act.
(ii) Complaint Investigation: having the power to assess and investigate formal
written complaints respecting alleged contraventions of the Code of
Conduct;
(iii) Complaint Adjudication: determining whether a member of Council or local
board has in fact violated a protocol, by-law or policy governing their ethical
behaviour; with the final decision making authority resting with Council as
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to whether the recommendation(s) of the Integrity Commissioner are
imposed;
(iv) Annual Reporting: providing Council, through the City Clerk, with an annual
report on findings of complaint cases;
(v) Launch Proceedings: having the power to launch its own proceedings to a
judge against a member with respect to section 5, 5.1 and 5.2 of the
Municipal Conflict of Interest Act; and,
(vi) Education: providing educational information to members, the municipality
and the public about the municipa Municipal
Conflict of Interest Act.
REQUESTS FOR ADVICE/EDUCATIONAL INFORMATION
A request by a member of Council or of a local board for advice from the
Commissioner shall be made in writing and emailed to integrity@adr.ca.
If the Commissioner provides advice to a member of Council or of a local board,
the advice shall be in writing and emailed to the member.
If the Commissioner provides educational information to the public, the
Commissioner may summarize advice he or shethey hasve provided but shall not
disclose confidential information that could identify a person concerned. Requests
for educational information for the public should be made to the City Clerk.
INFORMAL COMPLAINT PROCEDURE
Individuals (e.g., municipal employees, members of the public, members of
Council or local boards) or organizations, who have identified or witnessed
behaviour or an activity by a member of Council, local board or advisory committee
that they believe is in contravention of the Code of Conduct could address the
prohibited behaviour or activity themselves as follows:
(1) advise the member that their behaviour or activity appears to contravene the
Code of Conduct;
(2) encourage the member to stop the prohibited behaviour or activity;
(3) keep a written record of the incidents including dates, times, locations, other
persons present, and any other relevant information;
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(4) if applicable, confirm to the member that you are satisfied with the response
you received; or advise the member of your dissatisfaction with the response;
(5) consider the need to pursue the matter in accordance with the formal
complaint procedure, or in accordance with another applicable judicial or
quasi-judicial process or complaint procedure.
Individuals and organizations are encouraged to initially pursue this informal
complaint procedure as a means of stopping and remedying a behaviour or activity
that is prohibited by the Code of Conduct.
Note: A person is not required to undertake the informal complaint procedure prior
to pursuing the formal complaint procedure.
FORMAL COMPLAINT PROCEDURE
1. Application
(1) All the provisions of this Section apply to a request for an inquiry by an
individual or an organization other than a local board or Council as a whole.
(2) Subsection 1(1) does not preclude individual members of Council or individual
members of a local board from filing a formal written complaint.
(3) Sections 5 to 11, except Subsections 6(1) (b) and 7(3), apply to a request for
an inquiry made by a local board or Council as a whole.
2. Complaint
(1) A request for an investigation of a complaint that a member has contravened
(2) All complaints shall be signed by an identifiable individual (which includes the
authorized signing officer of an organization).
(3) A complaint shall set out reasonable and probable grounds for the allegation
that the member has contravened the Code of Conduct and includes a
supporting affidavit (attached hereto as
evidence in support of the complaint.
(4) Any commissioners for taking affidavits are authorized to take the supporting
affidavit.
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3. File with Clerk
(1) The request for an investigation shall be filed with the City Clerk who shall
forward the matter to the Integrity Commissioner for initial classification to
determine if the matter is, on its face, a complaint with respect to non-
compliance of the Code of Conduct; and not covered by other legislation or
other Council policies as described in Subsection 3(3).
Deferral
(2) If the complaint does not include a supporting affidavit, the Integrity
Commissioner may defer the classification until an affidavit is received.
(3) If the complaint, including any supporting affidavit, is not, on its face, a
complaint with respect to non-compliance with the Code of Conduct or the
complaint is covered by other legislation or a complaint procedure under
another Council policy, the Integrity Commissioner shall instruct the City Clerk
to advise the complainant in writing as follows:
a) if the complaint on its face is an allegation of a criminal nature consistent
with the Criminal Code of Canada, the complainant shall be advised that if
they wish to pursue any such allegation, they must pursue it with the
appropriate police force;
b) if the complaint on its face is with respect to non-compliance with the
Municipal Conflict of Interest Act, the complainant shall be advised to review
the matter with their own legal counsel;
c) if the complaint on its face is with respect to non-compliance with the
Municipal Freedom of Information and Protection of Privacy Act, the
complainant shall be advised that the matter will be referred to the Manager
of Corporate Records for review;
d) if the complaint on its face is with respect to non-compliance with a more
specific Council policy with a separate complaint procedure, the
complainant shall be advised that the matter will be processed under that
procedure; and,
e) in other cases, the complainant shall be advised that the matter, or part of
the matter, is not within the jurisdiction of the Integrity Commissioner to
process, with any additional reasons and referrals as the Integrity
Commissioner considers appropriate. For example, a complaint regarding
a member of Kitchener City Council relating to their actions while serving
on Regional Council would not be within the jurisdiction of the Integrity
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Commissioner, as the Region of Waterloo is a separate level of
government; and the Integrity Commissioner will advise accordingly.
Reports
(4) The Integrity Commissioner may report to Council or a local board that a
specific complaint is not within the jurisdiction of the Integrity Commissioner.
(5) The Integrity Commissioner shall report annually to Council on complaints
within the jurisdiction of the Integrity Commissioner, but shall not disclose
information that could identify a person concerned.
(6) Should no complaints be received within a calendar year, the Clerk shall report
to Council accordingly and no annual report shall be made by the Integrity
Commissioner.
4. Refusal to Conduct Investigation
(1) If the Integrity Commissioner is of the opinion that the referral of a matter to
him or her is frivolous, vexatious or not made in good faith, or that there are
no grounds or insufficient grounds for an investigation, the Integrity
Commissioner shall not conduct an investigation, or, where that becomes
apparent in the course of an investigation, terminate the investigation.
(2) Complaints referred that are repetitious in nature, not germane to the Code of
Conduct, deemed frivolous, vexatious, or without substance in the opinion of
the Integrity Commissioner; shall not be advanced to an investigation stage.
(3) Other than in exceptional circumstances, the Integrity Commissioner will not
report to Council or a local board on any complaint described in Subsections
4(1) and 4(2) except as part of an annual or other periodic report.
5. Investigations
(1) If a complaint has been classified as being withi
jurisdiction and not rejected under Section 4, the Integrity Commissioner shall
investigate and may attempt to settle the complaint.
Public Inquiries Act
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(2) Under Section 223.4(2) of the Municipal Act, 2001, the Integrity Commissioner
may elect to investigate a complaint by exercising the powers of a commission
under Parts I and II of the Public Inquiries Act.
(3) When the Public Inquiries Act applies to an investigation of a complaint, the
Integrity Commissioner shall comply with the procedures specified in that Act
and this complaint protocol, but, if there is a conflict between a provision of the
complaint protocol and a provision of the Public Inquiries Act, the provision of
the Public Inquiries Act prevails.
Complaint - Gifts and Benefits
(4) Upon receiving a formal written complaint, not deemed to be frivolous or
vexatious, that a gift or benefit was received contrary to the conditions set out
herein, the Integrity Commissioner shall examine the disclosure statement to
ascertain whether the receipt of the gift or benefit might, in his/hertheir opinion,
create a conflict between a private interest and the public duty of the member.
In the event that the Integrity Commissioner makes that preliminary
determination, he/shethey shall call upon the member to justify receipt of the
gift or benefit.
(5) Should the Integrity Commissioner determine that receipt of the gift or benefit
was inappropriate, he/she may recommend that Council direct the member to
return the gift, reimburse the donor for the value of any gift or benefit already
consumed, forfeit the gift or remit the value of the gift or benefit already
consumed to the City; or such other action as the Integrity Commissioner
deems to be appropriate.
6. Opportunity to Comment
(1) The Integrity Commissioner will proceed as follows, except where otherwise
required by the Public Inquiries Act:
a) serve the complaint and supporting material upon the member whose
conduct is in question with a request that a written response to the allegation
be filed within ten days; and,
b) serve the complainant with a copy often response with a
request that the complainant provide a written reply within ten days.
(2) If necessary, after reviewing the written materials, the Integrity Commissioner
may speak to anyone relevant to the complaint, access and examine any of
the information described in Section 223.4(2) of the Municipal Act, 2001 and
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may enter any municipal or local board work location relevant to the complaint
for the purposes of investigation and settlement.
(3) The Integrity Commissioner shall not issue a report finding a violation of the
Code of Conduct on the part of any member unless the member has had 10
days notice of the basis for the proposed finding and any recommended
sanction and an opportunity to respond in writing, within the same said 10
days, to the Integrity Commissioner on his/hertheir findings and any
recommended sanction.
Interim Reports
(4) The Integrity Commissioner may make interim reports to Council where
necessary and as required to address any instances of delay, interference,
obstruction or retaliation encountered during the investigation; or as otherwise
deemed necessary by the Integrity Commissioner.
7. Final Report
(1) The Integrity Commissioner shall report the general findings of his/hertheir
investigation to the complainant and the member no later than 90 days after
the making of the complaint. That report shall indicate when the Integrity
Commissioner anticipates presenting his/hertheir recommended corrective
consideration.
(2) Where the complaint is sustained in whole or in part, the Integrity
Commissioner shall also report to Council or the local board, or both, outlining
the findings, and/or recommended corrective action(s).
(3) Where the complaint is dismissed, other than in exceptional circumstances,
the Integrity Commissioner shall not report to Council or the local board except
as part of an annual or other periodic report.
Lawful recommendations
(4) Any recommended corrective action must be permitted in law and shall be
designed to ensure that the inappropriate behaviour or activity does not
continue.
(5) Section 223.3 of the Municipal Act, 2001 authorizes Council to impose either
of two penalties on a member of Council or local board following a report by
the Integrity Commissioner that, in his/hertheir opinion, there has been a
violation of the Code of Conduct:
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a) a reprimand; or,
b) suspension of the remuneration paid to the member in respect of his or her
services as a member of Council or local board, as the case may be, for a
period of up to 90 days.
The Integrity Commissioner may also recommend that Council or a local board
take the following actions:
c) removal from membership from an advisory committee or local board;
d) removal as Chair of a Committee or local board;
e) repayment or reimbursement of moneys received;
f) return of property or reimbursement of its value; or,
g) a request for an apology to Council, the complainant, or both.
8. Member not Blameworthy
If the Integrity Commissioner determines that there has been no contravention of
the Code of Conduct or that a contravention occurred although the member took
all reasonable measures to prevent it, or that a contravention occurred that was
trivial or committed through inadvertence or an error of judgment made in good
faith, the Integrity Commissioner shall so state in the report and shall recommend
that no penalty be imposed.
9. Report to Council
The City Clerk shall process the Int
meeting of Council or local board, or both. Said report shall remain confidential
until the matter has received complete and final disposition by the Integrity
Commissioner and has been reported out to the members of Council through the
City Clerk.
10. Duty of Council / Local Board
Council or a local board shall consider and respond to the report within 90 days
after the day the report is laid before it.
11. Confidentiality
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A complaint will be processed in compliance with the confidentiality requirements
in Section 223.5 of the Municipal Act, 2001, which are summarized in the following
subsections:
a) the Integrity Commissioner and every person acting under his/hertheir
instructions shall preserve secrecy with respect to all matters that come to
his/her their knowledge in the course of any investigation except as required
by law in a criminal proceeding or in accordance with the provisions of
Section 223.5(1) of the Municipal Act, 2001.
b) pursuant to Section 223.5(3) of the Municipal Act, 2001, this Section
prevails over the Municipal Freedom of Information and Protection of
Privacy Act.
c) if the Integrity Commissioner reports to the municipality or to a local board
his/hertheir opinion about whether a member of Council, a local board or
advisory committee has contravened the applicable Code of Conduct, the
Integrity Commissioner may disclose in the report such matters as in the
necessary for the purposes of the
report.
d) the municipality and each local board shall ensure that reports received
from the Integrity Commissioner by the municipality or by the board, as the
case may be, are made available to the public upon the matter being
reported out to the members of Council. Neither the Integrity Commissioner
nor any person acting under the instructions of the Integrity Commissioner
is a competent or compellable witness in a civil proceeding in connection
with anything done under this Part.
e) if the Integrity Commissioner, 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 of Canada, the Integrity
Commissioner 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 Council through the City Clerk.
12. Integrity Commissioner Vacancy
Should the office of Integrity Commissioner become vacant, the Code of Conduct
remains in effect and all members shall abide by the provisions set out therein.
When a vacancy occurs, all formal complaints shall be held in abeyance until such
time as a new Integrity Commissioner has been appointed; or an interim measure
enacted to enable the complaint to be addressed within a reasonable amount of
20 of 29
Policy No: GOV-COU-005
Policy Title: CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL BOARDS
AND ADVISORY COMMITTEES
time. For example the City could engage the services of an Integrity Commissioner
from another local municipality as a potential interim measure.
REPRISALS AND OBSTRUCTION
Members shall respect the integrity of the Code of Conduct and investigations
conducted under it. Any reprisal or threat of reprisal against a complainant or
anyone for providing relevant information to the Integrity Commissioner is therefore
prohibited. It is also a violation of the Code of Conduct to obstruct the Integrity
Commissioner in the carrying out of his/hertheir responsibilities, as, for example,
by the destruction of documents or the erasing of electronic communications.
5. HISTORY OF POLICY CHANGES
Administrative Updates
2016-06-01 - I-005 policy template re-formatted to new numbering system and
given number GOV-COU-005.
Formal Amendments
2009-11-02 - As per Council directive.
2019-06-24 - As per Council directive.
21 of 29
Policy No: GOV-COU-005
Policy Title: CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL BOARDS
AND ADVISORY COMMITTEES
Advisory Committee and Local Board
The purpose of an advisory committee is to provide informed advice and guidance,
as well as to facilitate public input to City Council on programs and policies. In
recognition of the impartial and objective advice received from advisory
committees, as well as the challenges and inherent restrictions placed upon these
same individuals in assessing and recommending various options in a
conscientious and ethical manner, the following Code of Conduct is provided as a
general standard for all advisory committee members to ensure they are acting in
a manner that is appropriate with regard to his/hertheir committee.
of Conduct shall be applicable to all
members of the City of Kitchener
Arts and Culture Advisory Committee;
Compass Kitchener;
Cycling and Trails Advisory Committee;
Downtown Action and Advisory Committee;
Economic Development Advisory Committee;
Environmental Committee;
Equity and Anti-Racism Advisory Committee;
Heritage Kitchener; and
Safe and Healthy Community Advisory Committee.
1. Advisory committee members shall, when conducting committee business,
preparing written correspondence, interacting with the media, members of
Council, staff or members of the public, act in a manner that accomplishes
the following:
a) fulfils the mandate and mission statement of his or her advisory
committee;
b) respects due process and the authority of the Chair, Vice-Chair or
Presiding Officer;
c) demonstrates respect for all fellow committee members, Council,
staff and the public;
d) respects and gives fair consideration to diverse and opposing
viewpoints;
e) demonstrates due diligence in preparing for meetings, special
occasions, or other committee-related events;
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Policy No: GOV-COU-005
Policy Title: CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL BOARDS
AND ADVISORY COMMITTEES
f) demonstrates professionalism, transparency, accountability and
timeliness in completing any tasks or projects undertaken by the
committee;
g) conducts their duties and responsibilities in a manner that is
inclusion and anti-racism, whereby racism and oppression are not
permissible at either an individual or systemic level, in accordance
with policy GOV-COR-XXX (Equity, Inclusion and Anti-Racism)
h) conforms with all relevant legislation, by-laws, policies and
guidelines; and,
i) contributes in a meaningful manner, offering constructive comments
to Council, staff and fellow committee members.
2. A member of an advisory committee shall not:
a) place them self in a position where the member is under obligation
to any person who might benefit from special consideration or favour
on their part or who might seek in any way preferential treatment;
b) accord, in the performance of his or her official duties, preferential
treatment to relatives or to organizations in which the member, his or
her relatives have an interest, financial or otherwise;
c) deal with an application to the City for a grant, award, contract, permit
or other benefit involving the member, his or her immediate relative;
d) place them self in a position where the member could derive any
direct benefit or interest from any matter about which they can
influence decisions; and,
e) benefit from the use of information acquired during the course of his
or her official duties which is not generally available to the public.
3. Advisory committee members shall complete all mandatory equity and anti-
racism training required as per their position as outlined in the corporate-wide
Equity and Anti-Racism Training Strategy. Volunteer members of advisory
committees are required to complete all mandatory training within one
appointment term (2 years); once all mandatory training is complete, advisory
committee members are expected to take part in ongoing training opportunities
throughout subsequent appointment terms as provided through the City.
4. A member of an advisory committee shall disclose immediately to the
committee or the Committee Administrator, who would disclose to the
committee, that the member could be involved in either a real or perceived
conflict of interest as prohibited by the Code; and shall abide by any decision
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Policy No: GOV-COU-005
Policy Title: CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL BOARDS
AND ADVISORY COMMITTEES
made by the committee, with respect to such conflict of interest without
recourse.
If a member is perceived or known to have a conflict of interest as prohibited
by the Code and has not disclosed this to the committee; then that matter may
ideration. When such a matter has
been brought forward, the committee, through a majority vote, would determine
if the member is in a conflict position in accordance with the provisions of
Section 2 of this Code.
4. Where an advisory committee member believes or has been advised by the
committee that they have a conflict of interest in a particular matter, he/she
shall:
a) prior to any consideration of the matter, disclose his or her interest
and the general nature thereof;
b) leave the room for the duration of time that the matter is being
considered;
c) not take part in the discussion of, or vote on any question or
recommendation in respect of the matter; and,
d) not attempt in any way whether before, during or after the meeting to
influence the voting on any such question or recommendation.
5. Where the number of members who, by reason of conflict, are incapable of
participating in a meeting such that the remaining members no longer constitute
a quorum, as set out in Kitchener Municipal Code Chapter 25 (Procedure); then
the remaining members shall be deemed to constitute a quorum provided there
are not less than two members present.
6. Notwithstanding Section 2(c), members of Heritage Kitchener who own
property designated under Part IV or Part V of the Ontario Heritage Act and are
seeking consideration of a Heritage Permit Application (HPA) for said property
are permitted to address the committee regarding their HPA; but, are prohibited
ation and / or voting regarding that
matter.
7. Should a member of an advisory committee breach any of the clauses set out
herein, the City Clerk may refer the matter to Council who will consider whether
to take any of the possible corrective actions, as outlined under Part 3
Subsection 7(5) of the Code of Conduct for Members of Council, Local Boards
and Advisory Committees.
24 of 29
Policy No: GOV-COU-005
Policy Title: CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL BOARDS
AND ADVISORY COMMITTEES
FORMAL CODE OF CONDUCT COMPLAINT PROCEDUREFORM
Applicant Information:
AFFIDAVIT
Please note that signing a false affidavit may expose you to prosecution under
Sections 131 and 132 or 134 of the Criminal Code, R.S.C. 1985, c. C-46, and also to
civil liability for defamation.
AFFIDAVIT OF_______________________________________________________
\[Please print full \[nameName\]
_______________________________________________________
\[Address\]
_______________________________________________________
\[Phone\] \[Email\]
I, ___________________________________, of the _________________________
\[Full name\] \[City, Town, etc. of\]
in the ______________________________________________________________
\[Municipality of residenceResidence\]
in the Province of Ontario MAKE OATH AND SAY \[or AFFIRM\]:
1. I have personal knowledge of the facts as set out in this affidavitcomplaint form,
because
___________________________________________________________________
\[Insert reasons - e.g. I work for . . . or I attended the meeting at which . . . etc\].
2. I have reasonable and probable grounds to believe that a member of Kitchener City
Council or local board, _________________________________________________
\[Specify name of member\],
has contravened section(s) ___________________________of the Code of Conduct.
\[Specify section(s)\]
The particulars of which are as follows:
\[Set out the statements of fact in consecutively numbered paragraphs in the space below, with each paragraph being confined
as far as possible to a particular statement of fact. If you require more space, please us
check the appropriate box below. If you wish to include exhibits to support this complaint, please refer to the exhibits as Exhibit
A, B, etc. and attach them to this affidavitComplaint Form.\]
25 of 29
Policy No: GOV-COU-005
Policy Title: CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL BOARDS
AND ADVISORY COMMITTEES
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
Please read the following before signing: If the Integrity Commissioner launches an inquiry
with the Member who is the subject of the complaint. At the end of the inquiry the Integrity
Commissioner may issue a public report that includes information about the complaint,
including the identities of the parties involved. Only sign this complaint form if you understand
and accept the potential for disclosure of your identity and the information provided. I, the
26 of 29
Policy No: GOV-COU-005
Policy Title: CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL BOARDS
AND ADVISORY COMMITTEES
undersigned, request that this matter be reviewed by the Integrity Commissioner for the City
of Kitchener.:
This affidavit is made for the purpose of requesting that this matter be reviewed and for no other purpose.
SWORN \[or AFFIRMED\] before me at the
\[City, Town, etc of\] _______________________ )
)
________________________________ in the )
)
Province of Ontario on this ________ day of )
)
_________________________ , _________. )
)
____________________________________ ) \[Signature of Complainant\]
______________________________ ______________
\[Signature of commissionerComplainant\] )
\[Date\]
A Commissioner for taking affidavits, etc. )
27 of 29
Policy No: GOV-COU-005
Policy Title: CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL BOARDS
AND ADVISORY COMMITTEES
PLEASE NOTE THAT SIGNING A FALSE AFFIDAVIT MAY EXPOSE YOU TO PROSECUTION UNDER
SECTIONS 131 AND 132 OR 134 OF THE CRIMINAL CODE, R.S.C. 1985, C. C-46, AND ALSO TO CIVIL
LIABILITY FOR DEFAMATION.
Page ___ of ___.
To the Complaint Form affidavit required under the Formal Complaint Procedure
\[If more than one page is required, please photocopy this blank page and mark each additional page as 2 of 2, 2 of 3, etc. at
the top right corner.\]
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
in the affidavit of
_______________________________ \[full name\] )
Sworn \[or Affirmed\] before me on this _________ )
day of ______________________ , ________. )
)
28 of 29
Policy No: GOV-COU-005
Policy Title: CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL BOARDS
AND ADVISORY COMMITTEES
______________________________________ ) \[Signature of Complainant\]
______________________________
\[Signature of Complainant\]
\[Signature of commissioner\] )
A Commissioner for taking affidavits, etc. )
29 of 29
POLICY Policy No: GOV-COU-050
Approval Date: July 4, 1995
Policy Title: WARD BOUNDARY -
CRITERIA
Reviewed Date: July 2024
Policy Type: COUNCIL
Next Review Date: July 2027
Category: Governance Reviewed Date:
Last Amended: June 11, 2007
Sub-Category: Council
Author: Author Unknown
Replaces: I-050, Ward Boundary -
Criteria
Dept/Div: Office of the Mayor & Council
Repealed:
Replacedby:
Related Policies, Procedures and/or Guidelines:
To be included at next review.
1. POLICY PURPOSE:
Provides the criteria and guiding principles to be considered when reviewing
ward boundaries.
2. DEFINITIONS:
“City” means The Corporation of the City of Kitchener or the geographic area of
Kitchener, as the context requires.
“Community of Interest” means a neighborhood or recognized area of the City
with distinct or defining attributes, including, but not limited to ethnic, religious,
historic, and cultural, wherein the residents share a common interest.
“Effective Representation” means having approximately the same number of
residents per Member of Council for each Ward to ensure that residents have
equivalent access to and representation by each Ward Councillor.
“Geographic Boundary” means a natural or man-made feature that can serve as
a Ward boundary.
“Ward” means a certain specific geographic area of the City that is established.
1 of 3
Policy No: GOV-COU-050
Policy Title: WARD BOUNDARY - CRITERIA
“Ward Boundary Guidelines” means the criteria as set out in this policy by which
Effective Representation will be assessed in each Ward and the City as a whole.
“Ward Boundary Review” means a comprehensive process by which Wards are
reviewed, resulting in recommendations to either maintain, or to reduce,
increase, or adjust the Wards prior to passing a by-law in accordance with
Section 222 of the Municipal Act, 2001, S.O. 2001, c. 25.
3. SCOPE:
POLICY APPLIES TO THE FOLLOWING:
All Employees
All Full-Time Employees All Union
Management C.U.P.E. 68 Civic
Non Union C.U.P.E. 68 Mechanics
Temporary C.U.P.E. 791
Student I.B.E.W. 636
Part-Time Employees K.P.F.F.A.
Specified Positions only: Other:
Council Local Boards & Advisory Committees
4. POLICY CONTENT:
(a) Ward boundaries shall be reviewed after every third regular election. With
the current length of a term of Council being four years, that would equate
to every 12 years. A review shall be commenced two years prior to the
next election, so that it can be finalized in sufficient time to allow for the
appeal period and a possible appeal to the Ontario Land Tribunal (OLT).
(b) Each ward will be represented by one Councillor.
(c) In reviewing ward boundaries, the following principles shall be considered:
(i) Communities of interest and neighbourhoods should be protected.
It is desirable to avoid fragmenting traditional neighbourhoods or
communities of interest.
(ii) Consideration of representation by population: To the extent
possible, and bearing in mind the requirements for effective
representation, voters should be equally represented and wards
should have reasonable equal population totals. Given the
2 of 3
Policy No: GOV-COU-050
Policy Title: WARD BOUNDARY - CRITERIA
geography and varying populations densities and characteristics in
the City, a degree of variation is acceptable.
(iii) Consideration of physical features as natural boundaries. Wards
should be compact, contiguous shape, straightforward and easy to
remember.
(iv) Consideration of present and future population trends. The ward
structure should accommodate growth for at least 12 years.
5.HISTORY OF POLICY CHANGES
Administrative Updates
2001-12-01 - Minor updates
2016-06-01 - I-050 policy template re-formatted to new numbering system and
given number GOV-COU-050.
2024-07 - Reviewed no changes.
Formal Amendments
2007-06-11 - As per Council/CLT directive.
3 of 3
POLICY Policy No: GOV-COU-050
Approval Date: July 4, 1995
Policy Title: WARD BOUNDARY -
CRITERIA
Reviewed Date: July 2024
Policy Type: COUNCIL
Next Review Date: July 2027
Category: Governance Reviewed Date:
Last Amended: June 11, 2007
Sub-Category: Council
Author: Author Unknown
Replaces: I-050, Ward Boundary -
Criteria
Dept/Div: Office of the Mayor & Council
Repealed:
Replaced by:
Related Policies, Procedures and/or Guidelines:
To be included at next review.
1. POLICY PURPOSE:
Provides the criteria and guiding principles to be considered when reviewing
ward boundaries.
2. DEFINITIONS:
The Corporation of the City of
Kitchener or the geographic area of Kitchener, as the context requires.
means a neighborhood or recognized area of the City
with distinct or defining attributes, including, but not limited to ethnic, religious,
historic, and cultural, wherein the residents share a common interest.
g approximately the same number of
residents per Member of Council for each Ward to ensure that residents have
equivalent access to and representation by each Ward Councillor.
1 of 3
Policy No: GOV-COU-050
Policy Title: WARD BOUNDARY - CRITERIA
natural or man-made feature that can serve as
a Ward boundary.
ific geographic area of the City that is established.
the criteria as set out in this policy by which
Effective Representation will be assessed in each Ward and the City as a whole.
ehensive process by which Wards are
reviewed, resulting in recommendations to either maintain, or to reduce,
increase, or adjust the Wards prior to passing a by-law in accordance with
Section 222 of the Municipal Act, 2001, S.O. 2001, c. 25.
3. SCOPE:
POLICY APPLIES TO THE FOLLOWING:
All Employees
All Full-Time Employees All Union
Management C.U.P.E. 68 Civic
Non Union C.U.P.E. 68 Mechanics
Temporary C.U.P.E. 791
Student I.B.E.W. 636
Part-Time Employees K.P.F.F.A.
Specified Positions only: Other:
Council Local Boards & Advisory Committees
4. POLICY CONTENT:
(a) Ward boundaries will shall be reviewed after every second third regular
election. With the current length of a term of Council being four years, that
would equate to every 12 years. A review shall be commenced two years
prior to the next election, so that it can be finalized in sufficient time to
allow for the appeal period and a possible appeal to the Ontario Land
Tribunal (OLT).
(b) Each ward will be represented by one Councillor.
(c) In reviewing ward boundaries, the following principles shall be considered:
2 of 3
Policy No: GOV-COU-050
Policy Title: WARD BOUNDARY - CRITERIA
(i) Communities of interest and neighbourhoods should be protected.
It is desirable to avoid fragmenting traditional neighbourhoods or
communities of interest.
(ii) Consideration of representation by population: To the extent
possible, and bearing in mind the requirements for effective
representation, voters should be equally represented and wards
should have reasonable equal population totals. Given the
geography and varying populations densities and characteristics in
the City, a degree of variation is acceptable.
(iii) Consideration of physical features as natural boundaries. Wards
should be compact, contiguous shape, straightforward and easy to
remember.
(iv) Consideration of present and future population trends. The ward
structure should accommodate growth for at least 12 years.
5. HISTORY OF POLICY CHANGES
Administrative Updates
2001-12-01 - Minor updates
2016-06-01 - I-050 policy template re-formatted to new numbering system and
given number GOV-COU-050.
2024-07 - Reviewed no changes.
Formal Amendments
2007-06-11 - As per Council/CLT directive.
3 of 3
POLICY PolicyNo: MUN-FAC-442
Approval Date: May 17, 2004
PolicyTitle: COMMUNITY FLAG
RAISINGS,FLAG
ReviewedDate: July2016
PROTOCOL&
ILLUMINATION OF
CITY HALL
NextReview Date: July 2021
PolicyType: COUNCIL
Reviewed Date:
Category: Municipal Services
LastAmended:
Sub-Category: Facility
Replaces: I-442, Community Flag
Author: CityClerk
Raisings & Flag Protocol
Dept/Div: Finance & Corporate Services
Repealed: June30, 2014
Department, Legislated
Services
Replaced by: I-442
Related Policies, Procedures and/or Guidelines:
To be included at next review.
1. POLICY PURPOSE:
The Community Flag Raisings, Flag Protocol & Illumination at City Hall Policy establishes
a framework to govern requests for flag raisings and illumination of city facilities received
from the community, and to establish a consistent protocol for commemoration activities.
2. DEFINITIONS:
a) “Clerk” means the Clerk appointed by the Kitchener Council, or their designate.
b) “Chief Administrative Officer/CAO” means the Chief Administrative Officer
appointed by the Kitchener Council, or their designate.
c) “City Hall” means the administrative office and public space including Carl Zehr
Square.
d) “Civic Square Flag Display” means the large flag poles in Civic Square which fly the
national flag of Canada, the provincial flag of Ontario and the City of Kitchener flag.
e) “Community Flag Pole” means the flagpoles designated at the Kitchener City Hall
Duke St. Gardens and at Speaker’s Corner for Community Flag Raisings.
f) “Flying a Flag at Half-mast” means the action of flying all flags, forming a single
display of flags, at a position that is equal distance from the top and bottom of a
flagpole, to mark periods of mourning or to commemorate solemn occasions.
g) “Illumination”means the use of illumination through different colour lights at City
Hall facing outwards toward Carl Zehr Square.
h) “Kitchener Flag” meansthe flag adopted by Kitchener Council as a symbol of the
municipality. The Kitchener Flag may be granted, registered, approved or confirmed
by the Canadian Heraldic Authority.
i) “Mayor” means the elected Mayor of the City of Kitchener, or the Acting Mayor, as
approved by by-law, in their absence.
j) “National Flag of Canada” means the flag approved by the Parliament of Canada
as a national symbol of Canada.
k) “Provincial Flag of Ontario” means the flag approved by the Legislative Assembly
of Ontario as a provincial symbol of Ontario.
3. SCOPE:
POLICY APPLIESTO THEFOLLOWING:
X All Employees
AllFull-TimeEmployees All Union
Management C.U.P.E.68 Civic
Non Union C.U.P.E.68 Mechanics
TemporaryC.U.P.E.791
StudentI.B.E.W.636
Part-Time Employees K.P.F.F.A.
SpecifiedPositions only: Other
X Council Local Boards &Advisory Committees
This Policy appliesto Community Flag Raisings held at Kitchener City Hall and at
Speaker’s Corner (Frederick and King Streets), and to the flying of flags at any municipal
building, property, or facilities. The Policy applies to illuminations at the City Hall at 200
King Street West.
4. POLICY CONTENT:
4.1 Flag Protocols
The following rules will be used bythe Kitchener in respect to the flying of flags at any
municipal building, property, or facility:
4.1.1 General Principles of Flag Raisings
The following general principles will apply in respect to all aspects of this Policy, and be
used when interpreting the Policy:
a) The municipality will use flags to celebrate Kitchener’s diversity and inclusivity, and
honour those who have contributed to the life of the municipality;
b) The City will not fly the flag of a group or organization whose undertakings or
philosophy could prove detrimental or reflect negatively on the City’s public image.In
this regard, the City will not fly the flag of any group or organization that;
i. Condones any form of personal discrimination, including that based upon race,
national origin, religion, sex or age;
ii. Appears in a realistic manner to exploit, condone or incite hatred or violence, or
appear to condone, encourage or exhibit obvious indifference to unlawful
behaviour;
iii. Demeans, denigrates or disparages any identifiable person, group or person,
organization, profession, product or service or attempt to bring them into any
public contempt or ridicule, or;
iv. Undermines human dignity, displays obvious indifference to or encourages,
gratuitously and without merit, conduct or attitudes that offend the standards of
public decency among a significant segment of the population;
v. Disparages a City program, service, facility, event or employee.
c) The flying of flags at anymunicipalfacility will not be contraryto the principles of any
other Kitchener policy or bylaw; and,
d) The municipality will only fly flags that are approved or recognized by federal,
provincial or municipal governments of Canada.
4.1.2 Civic Square Flag Display
Only the national flag of Canada, the provincial flag of Ontario and the Kitchener flag
shall be raised on the flagpoles located in the City Hall Civic Square.
Notwithstanding the provisions of the clause above, the Mayor or the CAO may approve
the raising of any of the following flags on the poles at City Hall Civic Square:
i. The flag of a member of the Royal family, the Governor-General or the
Lieutenant-Governor;
ii. The flag of the United Nations;
iii. The flag of a state recognized by the Canadian Department of Foreign Affairs,
Trade and Development, when an official representative is visiting the City or
an official is representing a municipality officially linked to the City of Kitchener;
iv. Canadian Armed Forces Flag (on Canadian Armed Forces Day only)
4.1.3 Community Flag Raising Displays
Kitchener has designated two (2) Community Flag Poles to celebrate Kitchener’s
diversity and heritage. The first Community Flag Pole will be the original flagpole
designated as a Community Flag Pole at the time of the opening of Kitchener City Hall
(the front, left flagpole at the corner of the Duke Street Gardens) and the second
Community Flagpole will be located in Speaker’s Corner.
A. CommunityFlag RaisingCriteria
The criteria for approving or denying a request to use the Community Flag Poles will
be:
Thefollowing types offlags arepermitted to be flown on the Community Flag
Poles:
i. of a state recognized by the Canadian Department of Foreign Affairs, Trade
and Development being flown in honour of national or independence days
important to the residents of Kitchener;
ii. of a registered charitable organization and/or registered not-for- profit
organization in support of fundraising drives important to the residents of
Kitchener; and,
iii. of a registered charitable organization and/or registered not-for- profit
organization to celebrate multicultural and civic organizations or events
important to the residents of Kitcheneror at the direction of the Mayoror
the CAO.
The following types of flags are notpermitted to be flown on the Community Flag
Poles:
i. of Political Parties;
ii. of ReligiousGroups;
iii. insupport of fund-raising drivesthat arepoliticalor religious in nature;
and
iv. that contravene any of the principles outlined in this policy or in any other
City of Kitchener bylaw or policy.
The Clerk will be responsible for providing advice, as necessary, on the applicability
of any of the above criteria to any application received for Community Flag Raisings.
B.ApplicationsforuseoftheCommunityFlagpoles
All requests for use of the Community Flag Poles will be made in writing via a set
application form. Approvals and use of the Community Flagpole(s) will be granted
on a first come-first served basis.
st
Applications for any given calendar year will be accepted until December 1of the
st
previous year, with a calendar prepared by the Clerk by December 31of that
previous year for the following year. Subsequent approvals will be considered on a
first-come, first-served basis, subject to space availability.
Applications during the calendar year are to be submitted at least three (3) weeks
prior to the day requested for the raising of the flag. The Clerk will review all
applications to determine consistency with this Policy, and will:
i. approve the flag raising and note it on the next Council Agenda for
information purposes, if the flag raising was previously approved by the
Mayor and Chief Administrative Officer (CAO) within 5 years of the current
request, and is consistent with this Policy;
ii. make a recommendation to the Mayor and CAO to approve or deny the
application prior to the date of the proposed flag raising, and if approved,
note it on the next Council Agenda for information purposes, if the flag
raising was not previously approved by the Mayor and CAO, or was
approved by the Mayor and CAO more than 5 years before the current
request;
Decisionsmade by the Mayorand theCAO, or the City Clerk, in the
implementation of this policy, shall be considered final.
C. General Rules for theCommunityFlagpoles
Thegeneral rulesfor the use of the Community Flagpoles are as follows:
i. Flags will be flown for up to 1 week at a time, on one (1) of the two available
community flag poles;
ii. A community group will be permitted one (1) use of the community flag pole
each calendar year;
iii.When the community flag raising at any point in time is for the flag of
another nation, the flag of that nation will fly on the Community Flag Pole
at Kitchener City Hall.If more than one application is received toflytheflag
of another nation, the Clerk will work with the applicants to facilitate a
solution which allows for each of the group’s respective celebrations. The
Clerk’s decision shall be final in this regard.
iv. When the community flag raising is for the flag of a community organization,
the first organization to make application shall have first choice as to which
Community Flag Pole they would like to use, and the second application
will have use of the other Community Flag Pole. If there is already a
national flag flying on the Community Flag Pole at Kitchener City Hall, then
only the remaining flag pole at Speaker’s Corner shall be available for any
community flag requests;
v. When more community flag-raisingrequests occuronthesameday (or
during the same period of time) than there is space for on Community Flag
Poles, then the Clerk will work with affected groups to facilitate the
community flag raising by: (1) moving a flag-raising to a different day; or (2)
sharing the time period equally by affected groups;
vi. Individuals, groups or associations requesting flag raisings are
required to provide the flag to be raised.
4.1.4 Flag Protocol
Kitchener’s protocol for the flying of flags at all municipal facilities incorporated into this
Policy as appendices. Appendix ‘A’ are the protocols Kitchener will use in honouring
contributions to the life of the municipality through the Flying a Flag at Half-mast.
Appendix ‘B’ are the protocols the municipality will use in determining how flags will
usually be flown at any municipal facility.
4.2 Illumination Protocols
The following rules will be used by the Kitchener in respect to the consideration of
illumination requests to light Carl Zehr Square:
a) The use of multi-colour capable LED lighting installations at the City Hall at 200
King Street West provides a unique opportunity to display the official colour
associated with a charitable or non-profit organization or a City of Kitchener event,
in order to create awareness of and/or celebrate and/or memorialize an
organization or significant event;
b) The municipality will use illuminations to celebrate Kitchener's diversity and
inclusivity, and honour those who have contributed to the life of the municipality;
c) The City will not facilitate illumination requests of a group or organization whose
undertakings or philosophy could prove detrimental or reflect negatively on the City’s
public image. In this regard, the City will not facilitate illuminations of any group or
organization that;
i. Condones any form of personal discrimination, including that based upon
race, national origin, religion, sex or age;
ii. Appears in a realistic manner to exploit, condone or incite hatred or
violence, or appear to condone, encourage or exhibit obvious indifference
to unlawful behaviour;
iii. Demeans, denigrates or disparages any identifiable person, group or
person, organization, profession, product or service or attempt to bring
them into any public contempt or ridicule, or;
iv. Undermines human dignity, displays obvious indifference to or
encourages, gratuitously and without merit, conduct or attitudes that
offend the standardsof public decency among a significant segment of
the population; or
v. Disparages a City program, service, facility, event oremployee.
4.2.1 GeneralPrinciples of Illuminations
a) Organizations making an Illumination request must be charitable or non-profit
organizations.
b) Charitable or non-profit organizations making an Illumination request must be
consistent with City of Kitchener’s policies and/or by-laws.
c) The City Hall Building at 200 King Street West shall not be illuminated for political,
religious, or for-profit organizations or purposes.
4.3 Special Requests - Illuminations
a) A special request from an agency or organization located in Kitchener wishing to
change the Illumination at 200 King Steet West will be reviewed and provided to the
CAO and Mayor for approval. If approved, the special request will be noted on the
Council Agenda under the Flag Raising/Illumination section for information only.
b) A special request must be made three weeks prior to the requested date using the set
application form.
c) There will be no presentations or delegations at City Council with respect to
Illumination.
d) Illumination by special request will take place at City Hall at 200 King Street West for
the duration that the request is granted, or for an appropriate period specified to mark
the event.
5. ROLES AND RESPONSIBILITIES
Council is responsible for approving and amending this Policy.
The Clerk will be responsible for the interpretation of this Policy, as well as the
development of procedures for the effective and efficient implementation of the Policy.
The Mayor, Chief Administrative Officer and the Clerk shall have approval
responsibilities as outlined in various sections of this policy.
6. HISTORY OFPOLICYCHANGES
Administrative Updates
2016-06-01 - I-442 policy template re-formatted to new numbering system andgiven
number MUN-FAC-442.
Formal Amendments
2014-06-30 - Repeal & Replace resolution passed by Council, see report FCS- 14-127.
Appendix "A"
FLYING FLAGS AT HALF-MAST
The City's protocol for Flying a Flag at Half-mast will be:
A.PeriodsofOfficialMourning
Flags willbeflownathalf-mast atallCity facilities tomarkperiods ofofficial
mourning upon the death of:
i.
The Sovereign;
ii. A Member of the Canadian Royal Family;
The Governor General of Canada, or a former Governor General;
iii.
iv. The Prime Minister of Canada, or a former Prime Minister;
v. The Leader of Her Majesty's Loyal Opposition, Parliament of Canada;
vi. The Lieutenant Governor of Ontario;
vii. ThePremierofOntario;
viii. The Leader of Her Majesty's Loyal Opposition, Legislative Assembly of Ontario;
ix. A local Member of Parliament, or a local Member of the Legislative Assembly of
Ontario;
x. The Mayor or a former Mayor;
xi. A Member of Council or a former Member of Council;
xii. The Regional Chair or a former Regional Chair;
xiii. A current employee of the City of Kitchener;
xiv. A retired member of City staff having a minimum of 15 years of service;
xv. A Waterloo Region Police Officer who dies in the line of duty; and
xvi. A resident of Kitchener, who is a member of the Canadian Armed Forces, killed
while deployed on operations.
Flags will be flown at half-mast, in the case of a national or provincial official, for
the duration established by the appropriate federal or provincial protocol offices. In
the case of other persons, flags will be flown at half-mast on the date of the funeral
or memorial service for that individual.
The Clerk will be responsible for coordinating the Lowering of Flags at City facilities.
PolicyNo: MUN-FAC-442
PolicyTitle: COMMUNITYFLAG RAISINGS, FLAG PROTOCOL & ILLUMINATION
OF CITY HALL
Kitchener Fire & Emergency Services Facilities
The Kitchener Fire Department may mark a period of official mourning for
other fire and emergency personnel who have died in the line of duty, or any
other traditional commemorations of solemn occasions important to fire and
emergency personnel. This applies to Kitchener Fire Stations only.
B. Commemoration of Solemn Occasions
Flags will be flown at half-mast annually, at all municipal facilities, to
commemorate the following solemn occasions:
i. Remembrance Day (November 11); and,
Flags will be flown at half-mast annually, at the civic square flag
display, to commemorate the following solemn occasions:
ii. National Day of Mourning for Persons Killed or Injured in the
Workplace (April 28)
iii. Peacekeeper's Day (August 9);
nd
iv. National Firefighter Memorial Day (2 Sunday in September);
v. National Peace and Police Officer' Memorial Day (Last Sunday in
September);
vi. National Day of Remembrance and Action on Violence Against
Women (December 6).
C. Other Solemn Occasions
The commemoration of other periods of official mourning and solemn
occasions, in keeping with the General Principles of this Policy, may be
approved by the Mayor or CAO. This can include the passing of a person
considered to be a prominent citizen of the City of Kitchener or the Region of
Waterloo or a person of national or international stature that has had a
profound effect on the lives of the community or in response to a tragic or
catastrophic event in the world. A notice of any approval issued by the Mayor
or CAO will be placed on a future Council Agenda for informational purposes.
PolicyNo: MUN-FAC-442
PolicyTitle: COMMUNITYFLAG RAISINGS, FLAG PROTOCOL & ILLUMINATION
OF CITY HALL
Appendix 'B'
CUSTOMARY FLAG CONFIGURATION
The City's protocol for the usual configuration of flags at City of Kitchener facilities will be:
A. Civic Square Flag Display
The National Flag of Canada will be flown on the centre flagpole. To an
observer facing theentrance totheCivic Centre,theProvincial Flagof
Ontario will fly to the left of the Canadian flag and the Kitchener Flag will
be flown to its right. Other flags will not be flown on any of these
flagpoles, except in the circumstances noted under Section 2 - Civic
Square Flag Display of this policy.
B. Other City Facilities
i. When the facility has only one (1) flagpole
The National Flag of Canada will be flown at facilities with only one
flagpole. Another flag will not be flown under the National Flag of
Canada. Other flags will not be flown at these facilities, except in the
circumstances noted in under the heading "Dignitary Visits."
ii. When the facility has two (2) flagpoles configured to form a single display
The National Flag of Canada and either the Provincial Flag of
Ontario or the Flag of the City of Kitchener will be flown. The
customary position of honour, the left flagpole to an observer facing
the display, will be used to fly the National Flag of Canada. Other
flags will not be flown on these flagpoles, except in the
circumstances noted under the heading "Dignitary Visits."
iii.Whenthefacilityhasthree(3)flagpoles configuredtoform a singledisplay
The National Flag of Canada, the Ontario Provincial Flag, and the
Flag of the City of Kitchener will be flown. The National Flag of
Canada will be flown on the centre flagpole which is the customary
position of honour. To an observer facing the display, the Provincial
Flag of Ontario will fly to the left of the National Flag of Canada, and
the Flag of City of Kitchener will be flown to its right. Other flags will
not be flown on these flagpoles, except in the circumstances noted
under the heading "Dignitary Visits."
C. Shared Government Facilities
At Shared Government Facilities (e.g. Kitchener & Waterloo Region
Joint Fire & EMS Stations) arrangement of flags at facilities shared by
the City and another government will be decided by written agreement
between the governments and in accordance with applicable protocol.
PolicyNo: MUN-FAC-442
PolicyTitle: COMMUNITYFLAG RAISINGS, FLAG PROTOCOL & ILLUMINATION
OF CITY HALL
The Clerk will be responsible for representing the City and confirming
such arrangements.
DIGNITARYVISITS
In the event of a visit by a dignitary to a City of Kitchener facility, the City may fly
a flag representing that dignitary.The flying of a flag to mark the dignitary's visit
will be made only after consulting with an appropriate protocol officer responsible
for coordinating the visit.
POLICY NUMBER: 1-
SUBJECT:COMMUNITYFLAG RAISINGS, FLAG
PROTOCOL & ILLUMINATION OF CITY HALL COMMUNITY
FLAG RAISINGS & FLAG PROTOCOL
POLICY PolicyNo: MUN-FAC-442
Approval Date: May 17, 2004
PolicyTitle: COMMUNITY FLAG
RAISINGS,&FLAG
ReviewedDate: July2016
PROTOCOL&
ILLUMINATION OF
CITY HALL
NextReview Date: July 2021
PolicyType: COUNCIL
Reviewed Date:
Category: Municipal Services
LastAmended:
Sub-Category: Facility
Replaces: I-442, Community Flag
Author: CityClerk
Raisings & Flag Protocol
Dept/Div: Finance & Corporate Services
Repealed: June30, 2014
Department, Legislated
Services
Replaced by: I-442
Related Policies, Procedures and/or Guidelines:
To be included at next review.
1. POLICY PURPOSE:
The Community Flag Raisings & , Flag Protocol & Illumination at City Hall Policy
establishes a framework to govern requests for flag raisings and illumination of city
facilities received from the community, and to establish a consistent protocol for the flying
of flags atall municipalbuildings, properties, and facilitiesfor commemoration activities.
2. DEFINITIONS:
a) “Clerk” means the Clerk appointed by the Kitchener Council, or their his/her
designate.
b) “Chief Administrative Officer/CAO” means the Chief Administrative Officer
appointed by the Kitchener Council, or his/hertheir designate.
a) “Mayor” means the elected Mayor of the City of Kitchener, or the Acting Mayor, as
approved by bylaw, in his/her absence.
c) “City Hall” means the administrative office and public space including Carl Zehr
Square.
POLICY NUMBER: 1-
SUBJECT:COMMUNITYFLAG RAISINGS, FLAG
PROTOCOL & ILLUMINATION OF CITY HALL COMMUNITY
FLAG RAISINGS & FLAG PROTOCOL
b)d) “Civic Square Flag Display” means the three large flag poles in Civic Square
which fly the national flag of Canada, the provincial flag of Ontario and the City of
Kitchener flag.
c)e) “Community Flag Pole” means the flagpoles designated at the Kitchener City Hall
Duke St. Gardens and at Speaker’s Corner for Community Flag Raisings.
d)f)“Flying a Flag at Half-mast” means the action of flying all flags, forming a single
display of flags, at a position that is equal distance from the top and bottom of a
flagpole, to mark periods of mourning or to commemorate solemn occasions.
g) “Illumination” means the use of illuminationthrough different colour lights at City
Hall facing outwards toward Carl Zehr Square.
e)h) “Kitchener Flag” means the flagadopted byKitchenerCouncil as a symbol of the
municipality.The Kitchener Flag may be granted, registered, approved or confirmed
by the Canadian Heraldic Authority.
i) “Mayor” means the elected Mayor of the City of Kitchener, or the Acting Mayor, as
approved by by-law, in their absence.
f)j) “National Flag of Canada” means the flag approved by the Parliament of Canada
as a national symbol of Canada.
g)k) “Provincial Flag of Ontario” means the flag approved by the Legislative Assembly
of Ontario as a provincial symbol of Ontario.
3. SCOPE:
POLICY APPLIESTO THEFOLLOWING:
All Employees
AllFull-TimeEmployees All Union
Management C.U.P.E.68 Civic
Non Union C.U.P.E.68 Mechanics
Temporary C.U.P.E. 791
Student I.B.E.W. 636
Part-Time Employees K.P.F.F.A.
SpecifiedPositions only: Other
Council Local Boards &Advisory Committees
This Policy appliesto Community Flag Raisings held at Kitchener City Hall and at
Speaker’s Corner (Frederick and King Streets), and to the flying of flags at any municipal
building, property, or facilities. The Policy applies to illuminations at the City Hall at 200
King Street West.
4. POLICY CONTENT:
POLICY NUMBER: 1-
SUBJECT:COMMUNITYFLAG RAISINGS, FLAG
PROTOCOL & ILLUMINATION OF CITY HALL COMMUNITY
FLAG RAISINGS & FLAG PROTOCOL
4.1 Flag Protocols
The following ruleswill be used bythe Kitchener in respect to the flying of flags at any
municipal building, property, or facility:
4.1.1 GeneralPrinciples of the PolicyFlag Raisings
The following general principles will apply in respect to all aspects of this Policy, and be
used when interpreting the Policy:
a) The municipality will use flags to celebrate Kitchener’s diversity and inclusivity, and
honour those who have contributed to the life of the municipality;
b) The City will not fly the flag of a group or organization whose undertakings or
philosophy could prove detrimental or reflect negatively on the City’s public image.In
this regard, the City will not fly the flag of any group or organization that;
i. Condones any form of personal discrimination, including that based upon race,
national origin, religion, sex or age;
ii. Appears in a realistic manner to exploit, condone or incite hatred or violence, or
appear to condone, encourage or exhibit obvious indifference to unlawful
behaviour;
iii. Demeans, denigrates or disparages any identifiable person, group or person,
organization, profession, product or service or attempt to bring them into any
public contempt or ridicule, or;
iv. Undermines human dignity, displays obvious indifference to or encourages,
gratuitously and without merit, conduct or attitudes that offend the standards of
public decency among a significant segment of the population;
v. Disparages a City program, service, facility, event or employee.
c) The flying of flags at anymunicipalfacility will not be contraryto the principles of any
other Kitchener policy or bylaw; and,
d) The municipality will only fly flags that are approved or recognized by federal,
provincial or municipal governments of Canada.
4.1.2 Civic Square Flag DisplayCIVIC SQUARE FLAG DISPLAY
Only the national flag of Canada, the provincial flag of Ontario and the Kitchener flag
shall be raised on the three flagpoles located in the City Hall Civic Square.
Notwithstanding the provisions of the clause above, the Mayor or the CAO may approve
the raising of any of the following flags on the poles at City Hall Civic Square:
POLICY NUMBER: 1-
SUBJECT:COMMUNITYFLAG RAISINGS, FLAG
PROTOCOL & ILLUMINATION OF CITY HALL COMMUNITY
FLAG RAISINGS & FLAG PROTOCOL
i. The flag of a member of the Royal family, the Governor-General or the
Lieutenant-Governor;
ii. The flag of the United Nations;
iii. The flag of a state recognized by the Canadian Department of Foreign Affairs,
Trade and Development, when an official representative is visiting the City or
an official is representing a municipality officially linked to the City of Kitchener;
iv. Canadian Armed Forces Flag (on Canadian Armed Forces Day only)
4.1.3Community Flag Raising DisplaysCOMMUNITYFLAGRAISINGDISPLAYS
Kitchener has designated two (2) Community Flag Poles to celebrate Kitchener’s
diversity and heritage. The first Community Flag Pole will be the original flagpole
designated as a Community Flag Pole at the time of the opening of Kitchener City Hall
(the front, left flagpole at the corner of the Duke Street Gardens) and the second
Community Flagpole will be located in Speaker’s Corner.
A. CommunityFlag RaisingCriteria
The criteria for approving or denying a request to use the Community Flag Poles will
be:
Thefollowing types offlags arepermitted to be flown on the Community Flag
Poles:
i. of a state recognized by the Canadian Department of Foreign Affairs, Trade
and Development being flown in honour of national or independence days
important to the residents of Kitchener;
ii. of a registered charitable organization and/or registered not-for- profit
organization in support of fundraising drives important to the residents of
Kitchener; and,
iii. of a registered charitable organization and/or registered not-for- profit
organization to celebrate multicultural and civic organizations or events
important to the residents of Kitcheneror at the direction of the Mayor or
the CAO.
The following types of flags are notpermitted to be flown on the Community Flag
Poles:
i. of Political Parties;
ii. of ReligiousGroups;
iii. insupport of fund-raising drivesthat arepoliticalor religious in nature;
POLICY NUMBER: 1-
SUBJECT:COMMUNITYFLAG RAISINGS, FLAG
PROTOCOL & ILLUMINATION OF CITY HALL COMMUNITY
FLAG RAISINGS & FLAG PROTOCOL
and
iv. that contravene any of the principles outlined in this policy or in any other
City of Kitchener bylaw or policy.
The Clerk will be responsible for providing advice, as necessary, on the applicability
of any of the above criteria to any application received for Community Flag Raisings.
B. Applications for use of theCommunityFlagpoles
All requests for use of the Community Flag Poles will be made in writing via a set
application form. Approvals and use of the Community Flagpole(s) will be granted
on a first come-first served basis.
st
Applications for any given calendar year will be accepted until December 1of the
st
previous year, with a calendar prepared by the Clerk by December 31of that
previous year for the following year. Subsequent approvals will be considered on a
first-come, first-served basis, subject to space availability.
Applications during the calendar year are to be submitted at least three (3) weeks
prior to the day requested for the raising of the flag. The Clerk will review all
applications to determine consistency with this Policy, and will:
i. approve the flag raising and note it on the next Council Agenda for
information purposes, if the flag raising was previously approved by the
Mayor and Chief Administrative Officer (CAO) within 5 years of the current
request, and is consistent with this Policy;
ii. make a recommendation to the Mayor and CAO to approve or deny the
application prior to the date of the proposed flag raising, and if approved,
note it on the next Council Agenda for information purposes, if the flag
raising was not previously approved by the Mayor and CAO, or was
approved by the Mayor and CAO more than 5 years before the current
request;
Decisionsmade by the Mayorand theCAO, or the City Clerk, in the
implementation of this policy, shall be considered final.
C. General Rules for theCommunityFlagpoles
Thegeneral rulesfor the use of the Community Flagpoles are as follows:
i. Flags will be flown for up to 1 week at a time, on one (1) of the two available
community flag poles;
ii. A community group will be permitted one (1) use of the community flag pole
each calendar year;
iii. When the community flag raising at any point in time is for the flag of
another nation, the flag of that nation will fly on the Community Flag Pole
POLICY NUMBER: 1-
SUBJECT:COMMUNITYFLAG RAISINGS, FLAG
PROTOCOL & ILLUMINATION OF CITY HALL COMMUNITY
FLAG RAISINGS & FLAG PROTOCOL
at Kitchener City Hall.If more than one application is received to fly the flag
of another nation, the Clerk will work with the applicants to facilitate a
solution which allows for each of the group’s respective celebrations.The
Clerk’s decision shall be final in this regard.
iv. When the community flag raising is for the flag of a community organization,
the first organization to make application shall have first choice as to which
Community Flag Pole they would like to use, and the second application
will have use of the other Community Flag Pole. If there is already a
national flag flying on the Community Flag Pole at Kitchener City Hall, then
only the remaining flag pole at Speaker’s Corner shall be available for any
community flag requests;
v. When more community flag-raising requests occur on the same day (or
during the same period of time) than there is space for on Community Flag
Poles, then the Clerk will work with affected groups to facilitate the
community flag raising by: (1) moving a flag-raising to a different day; or (2)
sharing the time period equally by affected groups;
vi. Individuals, groups or associations requesting flag raisings are
required to provide the flag to be raised.
4.1.4 Flag Protocol
Kitchener’s protocol for the flying of flags at all municipal facilities incorporated into this
Policy as appendices. Appendix ‘A’ are the protocols Kitchener will use in honouring
contributions to the life of the municipality through the Flying a Flag at Half-mast.
Appendix ‘B’ are the protocols the municipality will use in determining how flags will
usually be flown at any municipal facility.
4.2 Illumination Protocols
The following rules will be used by the Kitchener in respect to the consideration of
illumination requests to light Carl Zehr Square:
a) The use of multi-colour capable LED lighting installations at the City Hall at 200
King StreetWest provides a unique opportunity to display the official colour
associated with a charitable or non-profit organization or a City of Kitchener event,
in order to create awareness of and/or celebrate and/or memorialize an
organization or significant event;
b) The municipality will use illuminations to celebrate Kitchener's diversity and
inclusivity, and honour those who have contributed to the life of the municipality;
c) The City will not facilitate illumination requests of a group or organization whose
undertakings or philosophy could prove detrimental or reflect negatively on the City’s
public image. In this regard, the City will not facilitate illuminationsof any group or
organization that;
i. Condones any form of personal discrimination, including that based upon
race, national origin, religion, sex or age;
POLICY NUMBER: 1-
SUBJECT:COMMUNITYFLAG RAISINGS, FLAG
PROTOCOL & ILLUMINATION OF CITY HALL COMMUNITY
FLAG RAISINGS & FLAG PROTOCOL
ii. Appears in a realistic manner to exploit, condone or incite hatred or
violence, or appear to condone, encourage or exhibit obvious indifference
to unlawful behaviour;
iii. Demeans, denigrates or disparages any identifiable person, group or
person, organization, profession, product or service or attempt to bring
them into any public contempt or ridicule, or;
iv. Undermines human dignity, displays obvious indifference to or
encourages, gratuitously and without merit, conduct or attitudes that
offendthestandardsofpublicdecencyamong a significantsegmentof
the population; or
v. Disparages a City program, service, facility, event oremployee.
4.2.1 GeneralPrinciples of Illuminations
a) Organizations making an Illumination request must be charitable or non-profit
organizations.
b) Charitable or non-profit organizations making an Illumination request must be
consistent with City of Kitchener’s policies and/or by-laws.
c) The City Hall Building at 200 King Street West shall not be illuminated for political,
religious, or for-profit organizations or purposes.
4.3Special Requests - Illuminations
a)A special request from an agency or organization located in Kitchenerwishing to
change the Illumination at 200 King SteetWest will be reviewed and provided to the
CAO and Mayor for approval. If approved, the special request will be noted on the
Council Agenda under the Flag Raising/Illumination section for information only.
b) A special request must be made three weeks prior to the requested date using the set
application form.
c) There will be no presentations or delegations at City Council with respect to
Illumination.
d) Illumination by special request will take place at City Hall at 200 King Street West for
the duration that the request is granted, or for an appropriate period specified to mark
the event.
5. ROLES AND RESPONSIBILITIESRoles and Responsibilities
Council is responsible for approving and amending this Policy.
The Clerk will be responsible for the interpretation of this Policy, as well as the
POLICY NUMBER: 1-
SUBJECT:COMMUNITYFLAG RAISINGS, FLAG
PROTOCOL & ILLUMINATION OF CITY HALL COMMUNITY
FLAG RAISINGS & FLAG PROTOCOL
development of procedures for the effective and efficient implementation of the Policy.
The Mayor, Chief Administrative Officer and the Clerk shall have approval
responsibilities as outlined in various sections of this policy.
6. HISTORY OFPOLICYCHANGES
AdministrativeUpdates
2016-06-01 - I-442 policy template re-formatted to new numbering system and given
number MUN-FAC-442.
Formal Amendments
2014-06-30 - Repeal & Replace resolution passed by Council, see report FCS- 14-127.
POLICY NUMBER: 1-
SUBJECT:COMMUNITYFLAG RAISINGS, FLAG
PROTOCOL & ILLUMINATION OF CITY HALL COMMUNITY
FLAG RAISINGS & FLAG PROTOCOL
Appendix "A"
FLYING FLAGS AT HALF-MAST
The City's protocol for Flying a Flag at Half-mast will be:
A.PeriodsofOfficialMourning
Flags willbeflownathalf-mast atallCity facilities tomarkperiods ofofficial
mourning upon the death of:
i.
The Sovereign;
ii. A Member of the Canadian Royal Family;
The Governor General of Canada, or a former Governor General;
iii.
iv. The Prime Minister of Canada, or a former Prime Minister;
v. The Leader of Her Majesty's Loyal Opposition, Parliament of Canada;
vi. The Lieutenant Governor of Ontario;
vii. ThePremierofOntario;
viii. The Leader of Her Majesty's Loyal Opposition, Legislative Assembly of Ontario;
ix. A local Member of Parliament, or a local Member of the Legislative Assembly of
Ontario;
x. The Mayor or a former Mayor;
xi. A Member of Council or a former Member of Council;
xii. The Regional Chair or a former Regional Chair;
xiii. A current employee of the City of Kitchener;
xiv. A retired member of City staff having a minimum of 15 years of service;
xv. A Waterloo Region Police Officer who dies in the line of duty; and
xvi. A resident of Kitchener, who is a member of the Canadian Armed Forces, killed
while deployed on operations.
Flags will be flown at half-mast, in the case of a national or provincial official, for
the duration established by the appropriate federal or provincial protocol offices. In
the case of other persons, flags will be flown at half-mast on the date of the funeral
or memorial service for that individual.
The Clerk will be responsible for coordinating the Lowering of Flags at City facilities.
PolicyNo: MUN-FAC-442
PolicyTitle: COMMUNITYFLAG RAISINGS, FLAG PROTOCOL & ILLUMINATION
OF CITY HALL COMMUNITYFLAG RAISINGS & FLAG PROTOCOL
Kitchener Fire & Emergency Services Facilities
The Kitchener Fire Department may mark a period of official mourning for
other fire and emergency personnel who have died in the line of duty, or any
other traditional commemorations of solemn occasions important to fire and
emergency personnel. This applies to Kitchener Fire Stations only.
B. Commemoration of Solemn Occasions
Flags will be flown at half-mast annually, at all municipal facilities, to
commemorate the following solemn occasions:
i. Remembrance Day (November 11); and,
Flags will be flown at half-mast annually, at the civic square flag
display, to commemorate the following solemn occasions:
ii. National Day of Mourning for Persons Killed or Injured in the
Workplace (April 28)
iii. Peacekeeper's Day (August 9);
nd
iv. National Firefighter Memorial Day (2 Sunday in September);
v. National Peace and Police Officer' Memorial Day (Last Sunday in
September);
vi. National Day of Remembrance and Action on Violence Against
Women (December 6).
C. Other Solemn Occasions
The commemoration of other periods of official mourning and solemn
occasions, in keeping with the General Principles of this Policy, may be
approved by the Mayor or CAO. This can include the passing of a person
considered to be a prominent citizen of the City of Kitchener or the Region of
Waterloo or a person of national or international stature that has had a
profound effect on the lives of the community or in response to a tragic or
catastrophic event in the world. A notice of any approval issued by the Mayor
or CAO will be placed on a future Council Agenda for informational purposes.
16 of
PolicyNo: MUN-FAC-442
PolicyTitle: COMMUNITYFLAG RAISINGS, FLAG PROTOCOL & ILLUMINATION
OF CITY HALL COMMUNITYFLAG RAISINGS & FLAG PROTOCOL
Appendix 'B'
CUSTOMARY FLAG CONFIGURATION
The City's protocol for the usual configuration of flags at City of Kitchener facilities will be:
A. Civic Square Flag Display
The National Flag of Canada will be flown on the centre flagpole. To an
observer facing theentrance totheCivic Centre,theProvincial Flagof
Ontario will fly to the left of the Canadian flag and the Kitchener Flag will
be flown to its right. Other flags will not be flown on any of these
flagpoles, except in the circumstances noted under Section 2 - Civic
Square Flag Display of this policy.
B. Other City Facilities
i. When the facility has only one (1) flagpole
The National Flag of Canada will be flown at facilities with only one
flagpole. Another flag will not be flown under the National Flag of
Canada. Other flags will not be flown at these facilities, except in the
circumstances noted in under the heading "Dignitary Visits."
ii. When the facility has two (2) flagpoles configured to form a single display
The National Flag of Canada and either the Provincial Flag of
Ontario or the Flag of the City of Kitchener will be flown. The
customary position of honour, the left flagpole to an observer facing
the display, will be used to fly the National Flag of Canada. Other
flags will not be flown on these flagpoles, except in the
circumstances noted under the heading "Dignitary Visits."
iii.Whenthefacilityhasthree(3)flagpoles configuredtoform a singledisplay
The National Flag of Canada, the Ontario Provincial Flag, and the
Flag of the City of Kitchener will be flown. The National Flag of
Canada will be flown on the centre flagpole which is the customary
position of honour. To an observer facing the display, the Provincial
Flag of Ontario will fly to the left of the National Flag of Canada, and
the Flag of City of Kitchener will be flown to its right. Other flags will
not be flown on these flagpoles, except in the circumstances noted
under the heading "Dignitary Visits."
C. Shared Government Facilities
At Shared Government Facilities (e.g. Kitchener & Waterloo Region
Joint Fire & EMS Stations) arrangement of flags at facilities shared by
the City and another government will be decided by written agreement
between the governments and in accordance with applicable protocol.
17 of
PolicyNo: MUN-FAC-442
PolicyTitle: COMMUNITYFLAG RAISINGS, FLAG PROTOCOL & ILLUMINATION
OF CITY HALL COMMUNITYFLAG RAISINGS & FLAG PROTOCOL
The Clerk will be responsible for representing the City and confirming
such arrangements.
DIGNITARYVISITS
In the event of a visit by a dignitary to a City of Kitchener facility, the City may fly
a flag representing that dignitary.The flying of a flag to mark the dignitary's visit
will be made only after consulting with an appropriate protocol officer responsible
for coordinating the visit.
18 of
POLICY Policy No: MUN-FAC-495
Approval Date: March 23, 2009
Policy Title:
UNACCEPTABLE
Next Review Date: Click here to enter text.
CONDUCT ON CITY
PREMISES AND
Reviewed Date: Click here to enter text.
AUTHORITY TO ISSUE
TRESPASS NOTICES
Amended: Click here to enter a date.
Policy Type: COUNCIL
Category: Municipal Services
Repealed: Click here to enter a date.
Sub-Category: Authority & Delegations of
Replaced by: Click here to enter text.
Staff
Author: Director, Facilities
Management
Dept/Div: INS Facilities Management
Related Policies, Procedures and/or Guidelines:
; HUM-WOR-140; HUM-WOR-250
1. POLICY PURPOSE:
This is a policy respecting:
(a) expectations of appropriate behaviour and activities on City Premises and when
accessing City services (including by phone or email).
(b) defining inappropriate behaviour at City Premises and when accessing City
services (including by phone or email);
(c) the authority of employees of the City to protect City Premises and the rights of
employees and others to use and enjoy City Premises; and
(d) remedies available to employees of the City in addressing inappropriate
behaviour at City Premises including the right to issue Trespass Notices.
Page 1 of 7
Policy No: MUN-FAC-495
e Conduct on City Premises And Authority
To Issue Trespass Notices
The City endeavours to allow all people to enjoy public City Premises for their intended
purposes. Each visitor to City Premises is expected to behave and act in a manner that
respects the rights of others to use and enjoy City Premises for their intended purposes. It
is the goal of the City to encourage appropriate behaviour at all City Premises and to provide
residents with opportunities to participate in recreational, leisure, and civic activities in a safe
and positive atmosphere.
Renters and users of City Premises must take primary responsibility for the behavior and
actions of all persons associated with their program or event.
2. DEFINITIONS:
In this policy:
ion of the City of Kitchener;
for which the City is an Occupier;
ean any City staff that report to the Supervisor, Corporate
Security;
cilities Management and the
of Corporate Security;
any words spoken, written, or recorded
electronically or electro-magnetically or otherwise as well as gestures, signs or other visible
representations;
the City from time to time pursuant to
the Screening and Hearing Officer By-law, to perform the functions of a hearing officer;
term by the Municipal Act, 2001, S.O. 2001,
c. 25;
ven to that term by the TPA;
egional Police Services, and Ontario Provincial
Police (OPP) and Royal Canadian Mounted Police (RCMP);
ven to that term by the TPA;
Page 2 of 7
Policy No: MUN-FAC-495
e Conduct on City Premises And Authority
To Issue Trespass Notices
Trespass to Property Act, R.S.O., 1990, c. T.21.;
responsible for police services in the region.
3. SCOPE:
POLICY APPLIES TO THE FOLLOWING:
All Employees
All Full-Time Employees All Union
Management C.U.P.E. 68 Civic
Non Union C.U.P.E. 68 Mechanics
Temporary C.U.P.E. 791
Student I.B.E.W. 636
Part-Time Employees K.P.F.F.A.
Specified Positions only: Other:
Council Local Boards & Advisory Committees
4. POLICY CONTENT:
4.1 The City is committed to providing and maintaining an environment that is based on
respect for the dignity and the rights of everyone in a healthy and safe work
environment, free of any forms of bullying, uncivil or disrespectful behaviour, and from
discrimination, harassment, including sexual harassment and violence.
In keeping with the principles of a respectful environment at City premises the following
behaviours or activities are deemed to be prohibited behaviours or activities.
4.2 Prohibited Activities
(a) Behaviours and activities including without limitation:
i) creating a disturbance or a nuisance;
not limited to, that based on race,
ethnic origin, gender identity or sexual orientation and other protected grounds
under the Ontario Human Rights Code
iii) using profanity, obscene or abusive communication, racial or ethnic slurs,
directed at or disturbing others;
Page 3 of 7
Policy No: MUN-FAC-495
e Conduct on City Premises And Authority
To Issue Trespass Notices
iv) vandalizing property;
v) fighting, molesting, intimidating or threatening others;
vi) disrupting a program or event;
vii) engaging in horseplay or causing unsafe conditions;
viii) wearing attire or displaying material that is intolerant of human rights;
ix) in-line skating, skateboarding, scootering, or bicycling, except where permitted;
x) littering;
xi) blocking corridors, thoroughfares, stairways, or exits;
xii) spitting or causing unsanitary conditions;
xiii) urinating or defecating other than in appropriate areas of bathrooms;
xiv) preventing others from lawful use and enjoyment of property;
xv) unreasonably monopolizing space or facilities to the exclusion of others;
xvi) using City Premises for other than the intended purpose;
xvii) drinking alcohol in areas where not permitted;
xviii) smoking or vaping including without limitation the smoking of e-cigarettes in
areas not permitted including inside of or within 9 metres of the entrance to any
building under the jurisdiction of the City;
xix) behaviour contrary to rules, regulations, or prohibitions posted on property of
the City;
xx) behaviour and activities that would obstruct or hinder the rights of others to use
and enjoy City Premises
xxi) unscheduled gatherings or events which may interfere with regular or
scheduled events or bookings in accordance with MUN-FAC-2030 City Facility
Usage by Groups or Events
(b) behaviour contrary to the Criminal Code, R.S.C. 1985, c. C-46, other federal statutes,
provincial statutes, municipal by-laws, or municipal policies;
(c) the use of any cell phone, camera, personal digital assistant (PDA), or electronic
equipment with photographic abilities in change rooms or washrooms of City
Premises; and
(d) other behaviour as may be prohibited from time to time by resolution of City Council.
4.3 Employee Enforcement Options
All City employees including but not limited to City Security Staff are authorized to take
the following enforcement actions at any City Premises if inappropriate behaviour or
(a) make or receive reports on prohibited behaviour;
Page 4 of 7
Policy No: MUN-FAC-495
e Conduct on City Premises And Authority
To Issue Trespass Notices
(b) assess situations;
(c) make verbal requests to refrain from a prohibited behaviour;
(d) give verbal warnings to refrain from a prohibited behaviour;
(e) when prohibited behaviour is included in a written communication, make
written requests and/or give written warnings to refrain from prohibited
behaviour;
(f) give verbal directions to leave City Premises other than the travelled portion
of a highway for the remainder of an event or the remainder of a day, citing
the prohibited behaviour as the reason;
(g) upon refusal of person to follow a verbal direction, disengage from
communication, or at any time where there is a safety concern, to call City
security staff or police and request assistance;
(h) prepare reports of any incident requiring enforcement actions including the
prohibited behaviour, action taken, and, if known, the identification of the
offender including name, phone number, and address; and
(i) recommend to the appropriate supervisor or manager (if that position is filled
by someone other than the employee) that the individual who engaged in
prohibited behaviour be prohibited from returning to a program or certain City
Premises for a period of time.
4.4 Enforcement Options for City Security Staff
City Security Staff and City Security Management are authorized to take all lawful
enforcement options necessary to perform their duties, including:
(a) verbally directing a person to leave City Premises for a period not exceeding
72 hours from the time of eviction, citing the prohibited behaviour as the reason;
(b) issuing a written Trespass Notice as authorized in section 4.5;
(c) issuing a Provincial Offence Notice where applicable and as authorized to do
so;
(d) to request assistance from police at any time; and
(e) lawfully arresting, handcuffing, searching, and holding an offender until the
police take the person into custody.
Page 5 of 7
Policy No: MUN-FAC-495
e Conduct on City Premises And Authority
To Issue Trespass Notices
4.5 Issuance of Trespass Notice
The City of Kitchener may issue a Trespass Notice to persons, or group of persons,
after continued breaching of the prohibited behaviours/criminal offence in Section 4.2
that put the safety of individuals and/or activities on City Premises in jeopardy,
including but not limited to; threatening or preventing others from lawful and safe use
of City Premises. In the event of a significant or serious incident the City may elect to
provide a Trespass Notice immediately.
A trespass notice may be served in person; or by registered or regular mail or courier
or hand delivery addressed to the .; or by e-mail to the
4.6 Appeal Process
Any individual receiving a written Trespass Notice in excess of 72 hours may appeal
the Trespass Notice by giving written notice of the appeal to the Clerk within 14 days
of receiving the Notice.
The Clerk shall ensure the Appeal is filed within the prescribed timeframe, and if so,
earing Officer appointed in accordance with
the Recruitment and Selection of Screening and Hearing Officers Policy (GOV-COU-
2017).
The Appeal shall be heard by a Hearing Officer with delegated authority by Council,
whose decision shall be final and binding and no further appeal in respect of such
decision shall be available in accordance with By-law No. 2019-040 - Appointment of
Screening & Hearing Officers.
The Hearing Officer shall provide notice of date, time and manner of the hearing
of the appeal no fewer than seven days prior to the hearing to the person who
received the Trespass Notice and to the senior staff person who gave the
Trespass Notice under appeal.
On an appeal pursuant to subsection (1), subject to subsection (5), an Appeal
Officer may:
(a) revoke the Trespass Notice;
(b) shorten the term of the Trespass Notice;
(c) remove prohibited locations from the Trespass Notice; or
(d) affirm the Trespass Notice.
Page 6 of 7
Policy No: MUN-FAC-495
e Conduct on City Premises And Authority
To Issue Trespass Notices
A Trespass Notice is in effect other than during the the period while the hearing
is taking place and only to the extent that the Trespass Notice prevents a person
from entering or remaining in a meeting room provided the person complies with
the following conditions:
(a) the person notifies the City Clerk of their intention to attend the meeting no
later
than 24 hours prior to the scheduled start of the meeting;
(b) the person enters the meeting room no earlier than 15 minutes prior to the
scheduled start of the meeting;
(c) the person remains in the meeting room no longer than 15 minutes after
the
meeting is adjourned; and
(d) the person complies with any directions given at the meeting respecting
conduct at the meeting.
If a person who appeals a Trespass Notice fails to participate in or attend the
hearing of the appeal as notified, the Trespass Notice is deemed to be affirmed.
4.7 Police as Agents
Any officer of the Waterloo Regional Police Services, the Ontario Provincial Police, or
the Royal Canadian Mounted Police is authorized to act as agent for the City in
enforcing the TPA and this policy at City Premises. Additionally, any officer of the
Waterloo Regional Police Services, the Ontario Provincial Police, or the Royal
Canadian Mounted Police may act as agent for the City in enforcing the TPA and this
policy at City.
4.8 Signage
Signage may be erected in relation to this Policy. Any reference to former Council
Policy Number 1-345 or 1-495 or to a previous version of this Council Policy on
signage shall be deemed to be a reference to this Policy as amended.
5. HISTORY OF POLICY CHANGES
Administrative Updates
No administrative history to date
Formal Amendments
No amendment history to date
Page 7 of 7
POLICY Policy No: MUN-FAC-495
Approval Date: March 23, 2009
Policy Title:
UNACCEPTABLE
Next Review Date: Click here to enter text.
CONDUCT ON CITY
PREMISES AND
Reviewed Date: Click here to enter text.
AUTHORITY TO ISSUE
TRESPASS NOTICES
Amended: Click here to enter a date.
Policy Type: ADMINISTRATIVECOUNCIL
Category: AdministrationMunicipal
Repealed: Click here to enter a date.
Services
Replaced by: Click here to enter text.
Sub-Category: Authority & Delegations of
Staff
Author: Director, Facilities
Management
Dept/Div: INS Facilities Management
Related Policies, Procedures and/or Guidelines:
I-345; HUM-WOR-140; HUM-WOR-250
1. POLICY PURPOSE:
This is a policy respecting:
(a) expectations of appropriate behaviour and activities on City Premises and when
accessing City services (including by phone or email).
(b) defining inappropriate behaviour at City Premises and when accessing City
services (including by phone or email);
(c) the authority of employees of the City to protect City Premises and the rights of
employees and others to use and enjoy City Premises; and
(d) remedies available to employees of the City in addressing inappropriate
behaviour at City Premises including the right to issue Trespass Notices.
Page 1 of 8
Policy No: MUN-FAC-495
e Conduct on City Premises And Authority
To Issue Trespass Notices
The City endeavours to allow all people to enjoy public City Premises for their intended
purposes. Each visitor to City Premises is expected to behave and act in a manner that
respects the rights of others to use and enjoy City Premises for their intended purposes. It
is the goal of the City to encourage appropriate behaviour at all City Premises and to provide
residents with opportunities to participate in recreational, leisure, and civic activities in a safe
and positive atmosphere.
Renters and users of City Premises must take primary responsibility for the behavior and
actions of all persons associated with their program or event.
2. DEFINITIONS:
In this policy:
ion of the City of Kitchener;
for which the City is an Occupier;
ean any City staff that report to the Supervisor, Corporate
Security;
cilities Management and the
of Corporate Security;
any words spoken, written, or recorded
electronically or electro-magnetically or otherwise as well as gestures, signs or other visible
representations;
the City from time to time pursuant to
the Screening and Hearing Officer By-law, to perform the functions of a hearing officer;
term by the Municipal Act, 2001, S.O. 2001,
c. 25;
ven to that term by the TPA;
egional Police Services, and Ontario Provincial
Police (OPP) and Royal Canadian Mounted Police (RCMP);
ven to that term by the TPA;
Page 2 of 8
Policy No: MUN-FAC-495
e Conduct on City Premises And Authority
To Issue Trespass Notices
Trespass to Property Act, R.S.O., 1990, c. T.21.;
responsible for police services in the region.
3. SCOPE:
POLICY APPLIES TO THE FOLLOWING:
All Employees
All Full-Time Employees All Union
Management C.U.P.E. 68 Civic
Non Union C.U.P.E. 68 Mechanics
Temporary C.U.P.E. 791
Student I.B.E.W. 636
Part-Time Employees K.P.F.F.A.
Specified Positions only: Other:
Council Local Boards & Advisory Committees
4. POLICY CONTENT:
4.1 The City is committed to providing and maintaining an environment that is based on
respect for the dignity and the rights of everyone in a healthy and safe work
environment, free of any forms of bullying, uncivil or disrespectful behaviour, and from
discrimination, harassment, including sexual harassment and violence.
In keeping with the principles of a respectful environment at City premises the following
behaviours or activities are deemed to be prohibited behaviours or activities.
4.14.2 Prohibited Activities
(a) Behaviours and activities including without limitation:
i) creating a disturbance or a nuisance;
not limited to, that based on race,
ethnic origin, gender identity or sexual orientation and other protected grounds
under the Ontario Human Rights Code
Page 3 of 8
Policy No: MUN-FAC-495
e Conduct on City Premises And Authority
To Issue Trespass Notices
iii) using profanity, obscene or abusive communication, racial or ethnic slurs,
directed at or disturbing others;
iv) vandalizing property;
v) fighting, molesting, intimidating or threatening others;
vi) disrupting a program or event;
vii) engaging in horseplay or causing unsafe conditions;
viii) wearing attire or displaying material that is intolerant of human rights;
ix) in-line skating, skateboarding, scootering, or bicycling, except where permitted;
x) littering;
xi) blocking corridors, thoroughfares, stairways, or exits;
xii) spitting or causing unsanitary conditions;
xiii) urinating or defecating other than in appropriate areas of bathrooms;
xiv) preventing others from lawful use and enjoyment of property;
xv) unreasonably monopolizing space or facilities to the exclusion of others;
xvi) using City Premises for other than the intended purpose;
xvii) drinking alcohol in areas where not permitted;
xviii) smoking or vaping including without limitation the smoking of e-cigarettes in
areas not permitted including inside of or within 9 metres of the entrance to any
building under the jurisdiction of the City;
xix) behaviour contrary to rules, regulations, or prohibitions posted on property of
the City;
xx) behaviour and activities that would obstruct or hinder the rights of others to use
and enjoy City Premises
xxi) unscheduled gatherings or events which may interfere with regular or
scheduled events or bookings in accordance with MUN-FAC-2030 City Facility
Usage by Groups or Events
(b) behaviour contrary to the Criminal Code, R.S.C. 1985, c. C-46, other federal statutes,
provincial statutes, municipal by-laws, or municipal policies;
(c) the use of any cell phone, camera, personal digital assistant (PDA), or electronic
equipment with photographic abilities in change rooms or washrooms of City
Premises; and
(d) other behaviour as may be prohibited from time to time by resolution of City Council.
4.24.3 Employee Enforcement Options
All City employees including but not limited to City Security Staff are authorized to take
the following enforcement actions at any City Premises if inappropriate behaviour or
Page 4 of 8
Policy No: MUN-FAC-495
e Conduct on City Premises And Authority
To Issue Trespass Notices
(a) make or receive reports on prohibited behaviour;
(b) assess situations;
(c) make verbal requests to refrain from a prohibited behaviour;
(d) give verbal warnings to refrain from a prohibited behaviour;
(e) when prohibited behaviour is included in a written communication, make
written requests and/or give written warnings to refrain from prohibited
behaviour;
(f) give verbal directions to leave City Premises other than the travelled portion
of a highway for the remainder of an event or the remainder of a day, citing
the prohibited behaviour as the reason;
(g) upon refusal of person to follow a verbal direction, disengage from
communication, or at any time where there is a safety concern, to call City
security staff or police and request assistance;
(h) prepare reports of any incident requiring enforcement actions including the
prohibited behaviour, action taken, and, if known, the identification of the
offender including name, phone number, and address; and
(i) recommend to the appropriate supervisor or manager (if that position is filled
by someone other than the employee) that the individual who engaged in
prohibited behaviour be prohibited from returning to a program or certain City
Premises for a period of time.
4.34.4 Enforcement Options for City Security Staff
City Security Staff and City Security Management are authorized to take all lawful
enforcement options necessary to perform their duties, including:
(a) verbally directing a person to leave City Premises for a period not exceeding
72 hours from the time of eviction, citing the prohibited behaviour as the reason;
(b) issuing a written Trespass Notice as authorized in section 4.5;
(c) issuing a Provincial Offence Notice where applicable and as authorized to do
so;
(d) to request assistance from police at any time; and
Page 5 of 8
Policy No: MUN-FAC-495
e Conduct on City Premises And Authority
To Issue Trespass Notices
(e) lawfully arresting, handcuffing, searching, and holding an offender until the
police take the person into custody.
4.44.5 Issuance of Trespass Notice
The City of Kitchener may issue a Trespass Notice to persons, or group of persons,
after continued breaching of the prohibited behaviours/criminal offence in Section 4.2
that put the safety of individuals and/or activities on City Premises in jeopardy,
including but not limited to; threatening or preventing others from lawful and safe use
of City Premises. In the event of a significant or serious incident the City may elect to
provide a Trespass Notice immediately.
A trespass notice may be served in personpersonally; or by registered or regular mail
or courier or hand delivery addressed to.by
registered or ordinary letter mail.; or
address.
4.54.6 Appeal Process
Any individual receiving a written trespass Trespass notice Notice in excess of 72
hoursmay appeal the trespass Trespass noticeNotice by giving written notice of the
appeal to the Clerk. A request for appeal can be made through the Office of the City
Clerk at 519-741-2345 or in writing within 14 days of receiving itthe Notice.
The Clerk shall ensure the Appeal is filed within the prescribed timeframe, and if so,
earing Officer appointed in accordance with
the Recruitment and Selection of Screening and Hearing Officers Policy (GOV-COU-
2017).
The Appeal shall be heard by a Hearing Officer with delegated authority by Council,
whose decision shall be final and binding and no further appeal in respect of such
decision shall be available in accordance with By-law No. 2019-040 - Appointment of
Screening & Hearing Officers.
The Hearing Officer shall provide notice of date, time and manner of the hearing
of the appeal no fewer than seven days prior to the hearing to the person who
received the Trespass Notice and to the senior staff person who gave the
Trespass Notice under appeal.
On an appeal pursuant to subsection (1), subject to subsection (5), an Appeal
Officer may:
Page 6 of 8
Policy No: MUN-FAC-495
e Conduct on City Premises And Authority
To Issue Trespass Notices
(a) revoke the Trespass Notice;
(b) shorten the term of the Trespass Notice;
(c) remove prohibited locations from the Trespass Notice; or
(d) affirm the Trespass Notice.
A Trespass Notice is in effect other than not effective during the the period while
the hearing period is taking place and only to the extent that the Trespass Notice
prevents a person from entering or remaining in a meeting room provided the
person complies with the following conditions:
(a) the person notifies the City Clerk of their intention to attend the meeting no
later
than 24 hours prior to the scheduled start of the meeting;
(b) the person enters the meeting room no earlier than 15 minutes prior to the
scheduled start of the meeting;
(c) the person remains in the meeting room no longer than 15 minutes after
the
meeting is adjourned; and
(d) the person complies with any directions given at the meeting respecting
conduct at the meeting.
If a person who appeals a Trespass Notice fails to participate in or attend the
hearing of the appeal as notified, the Trespass Notice is deemed to be affirmed.
The Supervisor/Manager of Corporate Security may be contacted if legitimate
business matters require attendance at a City of Kitchener premises. Permission to
attend the premises may or may not be granted.
4.7 Police as Agents
Any officer of the Waterloo Regional Police Services, the Ontario Provincial Police, or
the Royal Canadian Mounted Police is authorized to act as agent for the City in
enforcing the TPA and this policy at City Premises. Additionally, any officer of the
Waterloo Regional Police Services, the Ontario Provincial Police, or the Royal
Canadian Mounted Police may act as agent for the City in enforcing the TPA and this
policy at City.
4.8 Signage
Signage may be erected in relation to this Policy. Any reference to former Council
Policy Number 1-345 or 1-495 or to a previous version of this Council Policy on
signage shall be deemed to be a reference to this Policy as amended.
Page 7 of 8
Policy No: MUN-FAC-495
e Conduct on City Premises And Authority
To Issue Trespass Notices
5. HISTORY OF POLICY CHANGES
Administrative Updates
No administrative history to date
Formal Amendments
No amendment history to date
Page 8 of 8
Appendix C to COR-2024-018
POLICY Policy No: GOV-COU-XXX
Approval Date: Click here to enter a
Policy Title: Pregnancy and Parental
date.
Leave for Members of
Council
Reviewed Date: Click here to enter text.
Policy Type: COUNCIL
Next Review Date: Click here to enter
text.
Category: Governance
Reviewed Date: Click here to enter text.
Sub-Category: Council
Last Amended: Click here to enter a
date.
Author: City Clerk
Replaces: Click here to enter text.
Dept/Div: Legislated Services
Repealed: Click here to enter a date.
Replaced by: Click here to enter text.
Related Policies, Procedures and/or Guidelines:
Municipal Act, 2001
1. POLICY PURPOSE:
The purpose of the policy is to establish the procedure for Members of Council to declare a
pregnancy or parental leave as required by section 270 of the Municipal Act and identify the
remuneration package and other administrative matters.
2. DEFINITIONS:
uncil for meetings of council including
closed meetings which includes the agenda, minutes and supporting agenda documentation.
of this policy means an absence of 20
consecutive weeks or less as a re
the adoption of a child by the Member in accordance with Section 259 (1.1) of the Municipal Act,
2001.
3. SCOPE:
POLICY APPLIES TO THE FOLLOWING:
All Employees
All Full-Time Employees All Union
Management C.U.P.E. 68 Civic
1 of 4
Policy No: GOV-COU-XXXX
Policy Title: Pregnancy and Parental Leave for Members of Council
Non Union C.U.P.E. 68 Mechanics
Temporary C.U.P.E. 791
Student I.B.E.W. 636
Part-Time Employees K.P.F.F.A.
Specified Positions only: Other:
Council Local Boards & Advisory Committees
This policy protects members of Council from removal of office and paid leave of absence
due to pregnancy, the birth of a child or the adoption of a child up to twenty (20)
consecutive weeks, not to extend
Unlike municipal employees who are entitled to pregnancy and/or parental leave in accordance
with the Ontario Employment Standards Act, members of Council are not considered employees
and are not eligible for employment insurance.
4. POLICY CONTENT:
1. The City of Kitchener supports a member of
a. An elected member shall not be required to obtain Council approval to take pregnancy
and parental leave, not exceeding 20 weeks.
b. An elected member shall not have their elected office declared vacant as a result of such
leave.
c. An elected member shall continue to receive all Council communication while on leave
unless otherwise indicated on the Leave Advisory Form.
d. An elected member shall continue to reserve the right to participate as an active member
of Council at any time during such leave.
e. An elected member shall continue to receive all remuneration and benefits afforded to
Council members.
f. An elected member shall ensure that constituency services continue in their absence as
indicated on the Leave Advisory Form.
2. Prior to the Leave, a member of Council shall complete the Leave Advisory Form attached
as Attachment A to this policy and submit the form to the City Clerk.
3. In keeping with the principles above, if an out of office message is applied in accordance with
the Leave Advisory Form, constituency inquiries shall be referred to staff in the Office of
Mayor and Council (OMC) for triaging and response.
4. If a member of Council wishes to seek a leave in excess of 20 consecutive weeks, the
member shall complete the extended leave section of the Leave Advisory Form and submit
to the City Clerk as soon as the need for an extended leave is known. If an extended leave
2 of 4
Policy No: GOV-COU-XXXX
Policy Title: Pregnancy and Parental Leave for Members of Council
is requested, the City Clerk shalconsideration of the extended
leave.
5. A member of Council shall notify the Human Resources division as soon as practicably
possible of the birth or adoption of a child if benefit coverage is required.
6. As the elected head of City Council, the Mayor may request that Council make temporary
appointments to any committees, boards etc. that may be vacated as a result of such leave.
7. At any time, the elected official on leave may advise the Clerk of changes to their return date,
through reasonable written notice, and their intention to resume any and all statutory roles
including work on committees.
5. HISTORY OF POLICY CHANGES
Administrative Updates
None.
Formal Amendments
None.
3 of 4
Policy No: GOV-COU-XXXX
Policy Title: Pregnancy and Parental Leave for Members of Council
Member of Council Leave Advisory due to Pregnancy and Parental Leave
Please refer to Corporate Policy GOV-COU-XXX: Pregnancy and Paternity Leave for
members of Council when completing the form.
1) PREGNANCY AND PATERNITY LEAVE UP TO 20 WEEKS
Required if the Leave of Absence is for less than 20 consecutive weeks.
Member of Council Name: Click or tap here to enter text.
Leave Begin Date: Click or tap to enter a date.
Expected Date of Return: Click or tap to enter a date.
2) EXTENDED LEAVE OF ABSENCE:
Required if the Leave of Absence will be for more than 20 consecutive weeks. A leave
request of more than 20 consecutive weeks shall be brought to Council for consideration in a
report prepared by the City Clerk.
Member of Council Name: Click or tap here to enter text.
Leave Begin Date: Click or tap to enter a date.
Click or tap to enter a date.
Expected Date of Return:
3) LEAVE ADMINISTRATION
Receipt of the Council agenda package while on leave?
Yes: No:
Receipt of correspondence and event invitations during leave?
Yes: No:
Initiation of an out of office message during leave?
Yes: No:
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Appendix D to COR-2024-018
POLICY Policy No: GOV-COU-XXX
Approval Date: Click here to enter a
Policy Title: Council Staff Relations
date.
Policy Type: COUNCIL
Reviewed Date: Click here to enter text.
Category: Governance
Next Review Date: Click here to enter
text.
Sub-Category: Corporate
Reviewed Date: Click here to enter text.
Author: City Clerk
Last Amended: Click here to enter a
Dept/Div: Legislated Services
date.
Replaces: Click here to enter text.
Repealed: Click here to enter a date.
Replaced by: Click here to enter text.
Related Policies, Procedures and/or Guidelines:
Municipal Act, 2001
Ontario Health and Safety Act, 1990
Code of Conduct for Members of Council and Local Boards (GOV-COU-005)
Employee Conflict of Interest Policy (HUM-WOR-045)
Violence in the Workplace Policy (HUM-WOR-250)
Respect in the Workplace Policy (HUM-WOR-140)
Procedure By-law (Chapter 25 of the Municipal Code)
1. POLICY PURPOSE:
This policy provides guidance on how the City of Kitchener ensures a respectful,
tolerant and harassment-free relationship and workplace between Members of
Council and the officers and employees of the City, as required by section 270 of
the Municipal Act.
2. DEFINITIONS:
2001, which for the purposes of this
Policy, outlines the roles and responsibilities of Members of Council and officers
and outlines the requirement for such a Policy.
f Administrative Officer
appointed by the Kitchener Council, or their designate.
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Policy No:
Policy Title: Council Staff Relations
the legislative body of the City,
including the Mayor, for the purposes of this Policy.
the City of Kitchener including the CAO,
the officers of the municipality, the City Clerk and Treasurer as defined by the
Act.
CAO, General Managers or their
designates.
means the independent key advisor to Council on a
range of important issues, as defined in the Municipal Act, 2001. The Integrity
Commissioner is responsible for providing education and advice to Members of
Council, and presiding over Code of Conduct complaint investigations.
3. SCOPE:
POLICY APPLIES TO THE FOLLOWING:
All Employees
All Full-Time Employees All Union
Management C.U.P.E. 68 Civic
Non Union C.U.P.E. 68 Mechanics
Temporary C.U.P.E. 791
Student I.B.E.W. 636
Part-Time Employees K.P.F.F.A.
Specified Positions only: Other:
Council Local Boards & Advisory Committees
4. POLICY CONTENT:
The City of Kitchener promotes a respectful, tolerant and harassment-free
relationship and workplace between Members of Council and the officers and
employees of the City, guided by the Code of Conduct for Members of Council
and Local Boards, Employee Conflict of Interest Policy, Violence in the
Workplace Policy, Respect in the Workplace Policy, and the Procedure By-law.
The relationship between Members of Council and the officers and employees of
the City is guided by the following policies:
1. Code of Conduct for Members of Council, Local Boards & Advisory
Committees (GOV-COU-005)
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Policy No:
Policy Title: Council Staff Relations
The Code of Conduct for Members of Council, Local Boards and Advisory
Committees establishes the behaviour expected of Members of Council
towards Staff including but not limited to, recognizing the requirements for
staff to make recommendations that reflect their professional expertise and
corporate perspective without undue influence from any individual member or
group of members, and in return Council shall receive high quality of advice
from staff based on political neutrality and objectivity irrespective of party
politics, the loyalties of persons in power, or their personal opinions. The
Code also outlines that Members have a duty to treat members of the public,
one another and staff appropriately and without abuse, bullying or
intimidation, free from discrimination and harassment.
2. Special Powers and Duties of the Head of Council under the Municipal
Act, 2001, as amended.
inciples provide that Council as a
whole has the authority to approve matters and individual members are not
permitted to individual direct the action of staff, the Mayor may direct staff, in
writing, in accordance with Part V1.1 of the Municipal Act, 2001, to
a) undertake research and provide advice to the Mayor and the
municipality on policies and programs of the municipality or of the
Mayor as they relate to the powers and duties under Part VI.1 of the
Act; and
b) carry out duties related to the exercise of the power or performance
of the duty, including implementing any decisions made by the Mayor
under Part VI.1 of the Act.
3. Employee Conflict of Interest Policy (HUM-WOR-045)
For a City to function effectively, the public must have confidence in the
integrity of its employees and their dedication to the City's best interests. To
this end, City staff must be independent, impartial and responsible to the
public interest in carrying out their duties. The Employee Conflict of Interest
Policy requires that City employees must not place their private interests
above their public duties.
4. Violence in the Workplace Policy (HUM-WOR-250)
Members, staff and the public have a right to a safe and healthy workplace
free from actual, attempted or threatened violence in accordance with the
Violence in the Workplace Policy.
5. Respect in the Workplace Policy (HUM-WOR-140)
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Policy No:
Policy Title: Council Staff Relations
The Respect in the Workplace Policy requires the Members, staff and public
to create a healthy and safe work environment free of any forms of bullying,
uncivil or disrespectful behaviour, and from discrimination and harassment,
including sexual harassment.
6. The Procedure By-law (Chapter
The Procedure By-law governs the
requires the Members to follow a set of rules for conduct and debate,
ensuring meetings are conducted fairly, and in an orderly fashion.
7. Responsibilities
Members of Council and Employees are required to adhere to this Policy and
related policies.
8. Procedures
The City Clerk shall be responsible for receiving complaints and/or concerns
related to this Policy. Upon receipt of a complaint and/or concern, the City Clerk
shall notify:
a. In the case of complaints against employees, the Manager, Director, or
General Manager responsible for the employee and the Director,
Human Resources; or
b. In the case of complaints against Council, the Integrity Commissioner.
Where there is a discrepancy between the Council Staff Relations Policy and the
Code of Conduct for Members of Council and Local Boards, Employee Conflict of
Interest Policy, Violence in the Workplace Policy, Respect in the Workplace
Policy, the language of the Code prevails.
5. HISTORY OF POLICY CHANGES
Administrative Updates
None.
Formal Amendments
None.
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