HomeMy WebLinkAboutCRPS-08-158 - Accountability & Transparency - Recommendations of Committee and Code of ConductReport To:
Chair Vrbanovic and Members of the Finance & Corporate
Services Commitee
Date of Meeting:
September 29, 2008
Submitted By:
Accountability & Transparency Committee
Prepared By:
R. Gosse, Director of Legislated Services/City Clerk
Ward(s) Involved:
n/a
Date of Report:
September 22, 2008
Report No.:
CRPS-08-158
Subject:
ACCOUNTABILITY & TRANSPARENCY
RECOMMENDATIONS OF THE COMMITTEE AND CODE
OF CONDUCT
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That the draft policy titled 'Code of Conduct for members of Council, Local Boards and
Advisory Committees' attached to Corporate Services Department report CRPS-08-158
be approved; and,
That the law office of GJ Levine be retained as the City's Integrity Commissioner for one
year with an option for a second year subject to the City and the firm entering into an
agreement • the satisfaction of the City Solicitor; and,
That staff be directed to establish an Integrity Commissioner budget in the amount of
$10,000 for the 2009 budget; and,
That the discretionary appointments contained in Part VA of the Municipal Act
(Accountability and Transparency) being: an Ombudsman, an Auditor General and,
Lobbyist Registrar, not be appointed at this time; and,
That the Accountability and Transparency Policy, dated December 10, 2007, be amended
by including a clause that the question of the appointments of an Ombudsman, Auditor
General and Lobbyist Registrar, be reviewed each term of Council; and further,
That the review of the Procedural By-law as mandated to the Accountability and
Transparency Committee be undertaken by staff and Council in 2009.
BACKGROUND:
In January 2007, Council established the Accountability and Transparency Committee (A&TC),
composed of members from the public, the media, Council and City staff. The Committee's
m,,znd,,zte =zs to:
• Review: the accountability and transparency section of the Municipal Act (the Act); City
policies and, policies and practices of other municipalities,
• Develop an Accountability and Transparency (A&T) policy and a Code of Conduct for
Council's consideration,
• Make recommendations on meeting investigations related to closed meetings as
required under the Municipal Act,
• Make recommendations related to discretionary appointments outlined in the Municipal
Act being an Ombudsman, an Auditor General and a Lobbyist Registrar; and,
• Make recommendations regarding amendments to the Procedure By-law
In December 2007, Council adopted the recommended Accountability and Transparency policy
and the recommendation to retain LAS to conduct any investigations related to complaints filed
under the Municipal Act concerning closed meetings.
On June 23, 2008 Council ratified the recommendation of the Finance and Corporate Services
Committee to table the report CRPS-08-098, submitted by the A&TC, which proposed a Code of
Conduct for Council, Advisory Committees and Local Boards and recommended to not appoint
the discretionary positions under the Act. Staff was directed to obtain public comments and
feedback on the report and Code of Conduct and to issue a Request for Proposal for an
Integrity Commission who would investigate and report on, complaints and allegations of non-
compliance of the Code of Conduct.
REPORT:
Following the June 23, 2008 council meeting staff: posted the tabled report and proposed code
of conduct on the City's web site with a link for anyone to submit comments; ran an article on
the recommendations and code of conduct in the August/September issue of Your Kitchener;
placed two advertisements in The Record; and, issued a press release to all local media. In
addition, at least two articles on the code of conduct appeared in The Record.
This resulted in three submissions on-line, several letters to the editors of The Record, a written
submission and a delegation to Council on September 15, 2008. The majority of comments
related to the proposed code of conduct.
Code of Conduct
In developing a code, the A&TC reviewed codes developed by Toronto, Ottawa, Hamilton other
municipalities and found that most if not all, deal with the following common themes: conduct of
members, influence of office, gifts and benefits received as protocol of office and a complaint
process conducted by an Integrity Commissioner. The draft Code of Conduct being proposed
follows those themes including the appointment of an Integrity Commissioner.
The draft code includes the following:
• Applies to Council, local boards as identified in the Municipal Act and, Advisory
Committees. Under the Act the only specified local boards that a code of conduct would
apply are, the two Business Improvement Associations and Kitchener Housing. In
reviewing the application of a code, the Committee felt that it should also apply to
advisory committees of Council with necessary modifications. To this end, the policy
contains a separate part for those committees.
• The conduct of the members when dealing with the public, staff and other members.
• How members should deal with confidential information.
• The influence of a member in regard to such things as: employment of family, use of City
services and equipment and the gain of personal privilege.
• How gifts and benefits given to a member are to be dealt with. This section prohibits
members from receiving a gift or benefit that is connected either directly or indirectly with
the performance of their duties of their office; unless authorized by the exceptions
outlined in the Code. These exceptions include, incidents of protocol or social obligations
that are part of the responsibilities of office, but does contain when and how a member
will make disclosure.
• The complaint process that a person would follow should they believe a member has
contravened the Code and the process to be followed by the Integrity Commissioner in
investigating a complaint.
• How investigations undertaken by the Integrity Commissioner will be presented.
• A code of conduct for volunteer members of the advisory committees to council.
The majority of comments made in the local newspaper and submitted directly to the City dealt
with gifts and benefits. In most cases it was clear that the opinions and comments centred on
the value of gifts received by members of Council and the local boards that is allowed under the
code without being reported. The value being proposed is a gift or benefit under $500 and up to
$5000 from one source within a 12 month period. Should the gift or gifts from one source
exceed those amounts, the member is then required to submit a report declaring the gift/benefit
and providing details of what was received.
It should be made clear that this section of the code does not permit any member to accept a
fee, advance, gift or personal benefit that is connected directly or indirectly with the
performance of his/her duties of office. This also extends to the member's spouse and child.
The committee recognized that there are events and situations whereby a member may be
presented a gift or benefit as an incident of protocol or social obligation due to the office they
hold therefore, certain exemptions were included in the code as follows:
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.
Although it is being proposed that a member may receive a gift or benefit under these
exemptions, it was recognized that there still has to be some transparency and accountability.
To that end the code contains the provision that if the value of any gift or benefit received under
the exemption clause, exceeds $500., or if the total value received from any one source over a
period of 12 months exceeds $5000. the member must file a disclosure statement within 30
days of receiving the gift/benefit. It is emphasized, that a member may not receive any gift or
benefit connected to their duties except those specifically outlined in the exemption section of
the code.
In determining the amounts for disclosure, the committee had reviewed other municipalities and
in particular, Toronto's code which established $300 and $300 from one source in the a 12
month period. The committee struggled with setting these amounts and concluded that $300 for
a single gift and/or benefit was too low and would only result in the code being amended in the
very near future to raise that amount and, would require unwarranted number of disclosures by
the members. Most if not all the members of the committee in attendance during discussion of
this particular section of the draft code were in agreement with the proposed figure of $500 as
the limit before disclosure for a single gift/benefit as determined under the exemptions section.
Establishing the limit of $5000 for gifts/benefits received by a member from the same source
within a 12 month period was a much more difficult decision for the committee. Although
consensus wasn't reached, the majority felt that it would be highly unlikely that any member
would receive gifts/benefits from a single source that would come close to the $5000 amount in
a 12 month period. The committee believed that members are cognizant of their public positions
and would not jeopardise their standing for the matter of allowable gifts/benefits however, the
committee felt there should be a maximum amount from a single source before disclosure would
be required. Based on that line of thought, the committee decided on the $5000 figure.
In the time since June 23, 2008, staff reviewed the status of other municipalities in regard to a
code of conduct and found thatl 8 have adopted a code. Of the those, 11 municipalities have not
set any limit in value either stating it is up to the judgement of the member or, if the gift/benefit is
of a nominal or moderate value the member may accept it. The other 7 municipalities have set
various values for single gifts from $100 to $500 and 4 of those have set the same single value
as the total value from one source in a 12 month. In addition. 4 of those municipalities prohibit
any gift/benefit that exceeds $500 and 2 require that any gift exceeding $500 will become a gift
of the municipality. A chart outlining the what is required for the 18 municipalities has been
attached to this report.
Integrity Commissioner
In order to give credence to the code of conduct, the Committee recommended that an Integrity
Commissioner be appointed; this recommendation was adopted by Council and staff was
directed to issue an Expression of Interest (EOI). An EOI was posted on the Ontario
Purchaser's web site and advertised in The Record requesting submissions from qualified
individuals and/or firms. Qualifications included: demonstrated understanding and experience in
municipal law and practices acquired through legal practice or municipal experience; proven
impartiality and neutrality; able to provide services on an as-needed basis without competing
demands; no dealings with the City with respect to employment, financial or political
involvement; excellent communications skills; and, a satisfactory police record. Also requested
as part of the EOI was the proposed compensation that would be required by the submitter
should they be appointed as the Integrity Commissioner.
There were 3 submissions received; Basse & Associates Inc. from Waterloo, GJ Levine,
Barrister & Solicitor from London and EthicScan Canada Ltd. from Toronto. The submissions
were evaluated by Troy Speck, General Manager of Corporate Services, Larry Gordon, Director
of Purchasing and, Randy Gosse, Director of Legislated Services/City Clerk. All 3 submissions
met the basic qualifications, the principles involved have experience in both the legal field and
ethics/code of conducts and it was determined that all could provide the required services.
Where they diverge is in the compensation which is broken into 2 parts; a yearly retainer and
hourly rate for investigations. It is estimated that retaining the services from Basse & Associates
or EthicScan will require an annual budget of $18,500 whereas the GJ Levine is estimated at
$10,000. In light of the fact that all 3 submissions appear to meet the requirements of the City,
the evaluation committee is recommending that GJ Levine be retained for 1 year with the option
for a second year subject to a satisfactory agreement being reached and, that $10,000 be
approved as the budget for the Integrity Commissioner for 2009.
Discretionary Appointments Under the Act
The Municipal Act allows municipalities to make various appointments such as an ombudsman,
a lobbyist registrar and an auditor general. Part of the Committee's mandate was to review
those sections of the Act and make recommendation on whether or not the City should make
any of these appointments.
Ombudsman
An ombudsman would report to Council and be responsible for investigating any decision or
recommendation made or act done or omitted in the course of the administration of the
municipality. This would not include any judicial or quasi-judicial acts which are subject to an
appeal process or judicial review. Other than the City of Toronto which must appoint an
ombudsman, the Committee could not find a municipality in Ontario that has made this
appointment. The Committee felt there is little, if any, evidence to suggest that this would be an
effective appointment and certainly not one that would justify additional costs. With all actions of
Council being as open as possible and subject to the scrutiny of the public, the Committee
decided not to recommend the appointment of an ombudsman.
Lobbyist Registrar
A Registrar for lobbying matters would be responsible for the maintenance and procedures
outlined in a registry program, should one be established. A registry program as outlined in the
Act would require that persons who lobby public office holders to register with the City, file
returns and provide information with respect to their activities as a lobbyist. The program would
allow the City to revoke registrations of anyone who acts in contravention of the program and
prohibit former public office holders from acting as a lobbyist for a specified period of time.
The concept of a lobbyist is something new for most municipalities and with the exception of
Toronto and Ottawa, most if not all, have not experienced a "professional" lobbyist. A lobbyist
acting on behalf of an organization can be found at the provincial and federal levels; such
activities are rarely found at the municipal level. The Committee came to the conclusion that
there was little evidence and therefore no need to appoint a lobbyist registrar at this time.
Auditor General
An Auditor General would assist Council in holding itself and its administrators accountable for
the quality of stewardship over public funds and for achievement of value for money in municipal
operations. There are auditor generals found at both the provincial and federal levels of
government and the role they play is important in bringing to light, issues regarding public funds
and cost efficiencies of the governments. On the municipal level only two municipalities are
known to have appointed an auditor general; Toronto (legislated) and Ottawa. The function of
an auditor general becomes more important with the size of the public administration they are
responsible for; the Canadian Government's public administration is vast therefore more difficult
to keep under close public scrutiny.
The Committee in reviewing the need for Kitchener to appoint this position decided that
although an auditor general may have an important function in any government, the cost to
establish this position would not be the most effective use of public funds. The City is legislated
to have an independent auditor to audit the financial statement and generally the operations of
the City. Currently there is an internal auditor position within the City's administration that
reviews the business functions of the Divisions, measures performances and generally reports
on how well the City is meeting its goals and targets. For these reasons, the committee has
decided not to recommend making this appointment at this time.
The Committee was of the opinion that at this time, these appointments would be difficult to
justify in terms of need, cost and effectiveness, however; this should not preclude any one of
these appointments from being made in the future. For this reason the Committee is
recommending that the Accountability and Transparency policy be amended to include a clause
which would ensure these appointments are reviewed during each term of Council.
Procedural By-law
The last outstanding item from the Committee's mandate is to review the procedural by-law in
context of accountability and transparency and make any recommendations for amendments.
The Committee was informed by staff that in light of the larger council in 2010, it is intended to
undertake a complete review of the by-law during 2009. This would be completed by Council
and staff with the intent of introducing a new by-law by the end of 2009. In consideration of this
proposed initiative the Committee felt its review would be redundant and would be best
accomplished through the more thorough review by Council and staff.
FINANCIAL IMPLICATIONS:
Should Council accept the recommendation to retain GJ Levine as the Integrity Commissioner
for the next year, cost is estimated to be $10,000. It should be noted this is only an estimate the
final cost will be determined by the number of investigations, if any, conducted by the
Commissioner.
COMMUNICATIONS:
If approved, the code of conduct, along with instructions on filing complaints under he code, will
be posted on the City's web site and hard copies made available from the Office of the City
Clerk and the Mayor's/Councillors ' offices. As part of the agreement with the Integrity
Commissioner, discussion will take place on the need for a separate web page for the
commissioner that will be under his control and administered by city staff.
R. Gosse — Director of Legislated Services/
City Clerk
Municipality
Gifts & Benefits
1. Aj ax
Members of Council will be required to exercise their personal
judgement
2. Aurora
Gifts, souvenirs or mementos with a value greater than a nominal
value, if accepted shall be the property of the Town.
3. Brock
would not significantly exceed what the Corporation would likely
provide in return
4. Chatham -Kent
$500. gifts with a value of greater than $500.00 shall be the property of
the municipality.
5. Guelph (draft)
$300. & $300. - disclosure statement / no gift can exceed $500.
6. Hamilton
$100. gifts with a value of greater than $100.00 shall be the property of
the municipality.
7. Highlands East
Accept gifts, hospitality or entertainment of a nominal value that
could not be reasonably construed as being given in anticipation or
recognition of special consideration by the Corporation.
8. Huntsville
Members of Council will be required to exercise their personal
judgement
9. Kenora
There is a role for "moderate hospitality ". Each Councillor must
consult with Council to determine whether or not a specific gesture
constitutes moderate hospitality.
10. Lakeshore
$500. gifts with a value of greater than $500.00 shall be the property of
the municipality.
11. London
Members of Council are not precluded from accepting: personal
gifts, benefits, rewards, commissions or advantages from any
person or organization not connected directly or indirectly with the
performance or duties of office;
12. Meaford.
Members of Council must not accept a gift or personal benefit that
is connected with their performance of the duties of office. This
does not include gifts or personal benefits received as a matter of
the protocol or social obligations that normally accompany the
responsibility of office.
13. North Glengarry
No prescribed limit
14. Port Hope
There is a role for "moderate hospitality ". Council Members may
accept hospitality or entertainment if the offer is infrequent (less
than 2 or 3 times a year) and appropriate to the occasion. In these
circumstances it is assumed that the nature of the business discussed
is important enough to the Municipality that arrangements should
openly be made and charged to the Municipality.
15. Toronto
$300. & $300. - disclosure statement / no gift can exceed $500.
16. Vaughan
The decisions that a councillor makes will be based on the proper
best interest of the municipality, without consideration of personal
gain. He /she believes that personal glorification or profit secured
through the misuses of his /her position or through misuse of public
time is dishonest and therefore unacceptable.
17. Woodstock
$300. & $300. - disclosure statement / no gift can exceed $500.
18. Windsor
$200. & $200. - disclosure statement / no gift can exceed $500.
POLICY NUMBER: I-
POLICY TYPE: COUNCIL
DATE:
SUBJECT: CODE OF CONDUCT FOR MEMBERS OF COUNCIL, LOCAL
BOARDS AND ADVISORY COMMITTEES
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
• enhance public trust.
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
scruti ny;
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 • the public; 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.
PART 1
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 • Council, those being:
1;qil
• the Municipal Conflict of Interest Act, as amended;
• the Municipal ' al Elections Act, , 1996, as amended;
• the Municipal Freedom of Information and Protection of Privacy Act; and,
• the Municipal ' al Act
Icip , 2001, as amended.
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Part VI (Practices & Procedures) • the Municipal Act., 2001 prescribes the following as thlu
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roles of a municipal council, the head of council and the head of council as chief executivlu
off ice r:
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;
• 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.
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• 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 anli
environmental well-being of the municipality and its residents.
DEFINITIONS
"Code of Conduct" - shall mean the City of Kitchener Code of Conduct for Members of
Council, Local Boards and Advisory Committees.
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111111111111��!E 1111111 411 111111111
"Frivolous" - shall mean of little or no weight, worth, or importance; not worthy of serious
notice.
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"Integrity Commissioner" - shall mean the Integrity Commissioner appointed by the Council
of the City of Kitchener • 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- relations h i ps; spouse shall mear
the person • whom a person is married or with whom the person is living in a conjuga!
relationship outside marriage.
"Lobby" - shall mean to communicate with a member outside of a public process about
matters of interest • benefit • 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 • goods and services and the awarding of contracts,
.2-pplications for a service, grant, planning approval or other licence.
"Lobbyist" - shall mean a person who communicates for payment with public office holders,
.?_ 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 whit,
.?.rranges 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)
Kitchener Housing Inc.
Animal / Dog Designation Appeal Committee
Committee of Adjustment
Property Standards Appeal Committee
"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 generall
with the electors within the jurisdiction of an area; or, I
11111111111111111111 r 1111 ii i 111pliq 1111
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"Vexatious" - shall mean instituted without sufficient grounds and serving only to cause
.?.nnoyance to the defendant; troublesome; annoying: a vexatious situation.
PART 2
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 Members'Code of Conduct, attached hereto as Appendix'A .
BUSINESS RELATIONS
No member shall act as a lobbyist before Council, its committees, or an agency, board o'
commission of the City except in compliance with the terms of the Municipal Conflict 0,
Interest Act. A member shall not refer a third party to a person, partnership, or corporatior
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). 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 / her election or re-election
campaign. No member shall use the services of City employees for his / her election or re-
election campaign, during hours in which the employees are in the paid employment of the
City. Council Policy 1-226 (Elections - Use of City Facilities for Political Campaign Purposes)
applies.
CONDUCT RESPECTING STAFF
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 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
• Kitchener Municipal Code Chapter 25 (Procedure) and authorized un•-
- • • 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 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); and,
• any and all statements that have been provided in confidence.
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 discrimination and harassment. The Ontario Human Rights Code applies, as does
Human Resources Policy 11 -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 Human Resources Policy 11-125 (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 / her duties of office, unless permitted by the
exceptions listed below. 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:
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
$500, or if the total value received from any one source over any 12 month period exceeds
$5000, 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
No member shall use the influence of his / her office for any purpose other than for the
exercise of his / her official duties. No member shall seek or obtain by reason of his / her
office any personal privilege or private advantage with respect to City services not otherwise
available to the general public and not consequent to his / her 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 61'
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 his or her duties that is nol
available to the general public for any purposes other than his or her 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.
PART 3
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.
INTEGRITY COMMISSIONER
Pursuant
• Section 233 • the al Act
p .1 2001, the City • 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) CoMplaint lnvest�aation: having the power to assess and investigate formal
written complaints respecting alleged contraventions of the Code of Conduct;
(ii) CoMplaint Ad
Ludication: determining whether a member of Council or local boar
has in fact violated a protocol, by-law or policy governing their ethical behaviour; wit
the final decision making authority resting with Council as to whether th
recommendation (s) of the Integrity Commissioner are imposed; and, I
(iii) Annual Rqportina: providing Council, through the City Clerk, with an annu&
-report on findings of complaint cases.
INFORMAL COMPLAINT PROCEDURE
Individuals (for example, 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 th
Code of Conduct; i
(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 complaini
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 complaini
procedure as a means of stopping and remedying a behaviour or activity that is prohibited
by the Code of Conduct. A person is not required to undertake the informal complainI
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(l)(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.
iq� 1111's I rem
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 nol
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 cl
(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 th
Criminal Code • Canada, the complainant shall be advised that if they wish t
pursue any such allegation, they must pursue it with the appropriate police force;
•
• if the complaint • 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 • its face is with respect to non-compliance with the Municipal
Freedom • Information and Protection • 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 specifi
Council policy with a separate complaint procedure, the complainant shall b
advised that the matter will be processed under that procedure; and, I
e) in other cases, the complainant shall be advised that the matter, or part of th
matter, is not within the jurisdiction of the Integrity Commissioner to process, wit
any additional reasons and referrals as the Integrity Commissioner consider
appropriate. For example, a complaint regarding a member of Kitchener Cit
Council relating to their actions while serving on Regional Council would not b
within the jurisdiction of the Integrity Commissioner, as the Region of Waterloo i
a separate level of government; and the Integrity Commissioner will advis
accordingly.
(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 not 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. Investigation
(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, .1 2001, the Integrity Commissioner may elect
to investigate a complaint by exercising the powers of a commission under Parts I and 11 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 / her 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 / she shall call upon the member to justify receipt of the gift or
benef it.
(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) • the Municipal Act, 2001 and may enter any municipal • 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 / her 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 / her 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 / her
recommended corrective action(s) for Council's consideration.
(2) Where the complaint is sustained in whole or in part, the Integrity Commissioner shall
.?.Iso 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 • the Municipal Act, 2001 authorizes Council to impose either • two
penalties on a member of Council or local board following a report by the Integrity
Commissioner that, in his / her opinion, there has been a violation of the Code of Conduct:
Flltwe, •
b) suspension of the remuneration paid to the member in respect of his or he
services as a member of Council or local board, as the case may be, for a perio
• 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 botl�-
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 iudciment 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.
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
• the MunicipalAct, 2001, which are summarized in the following subsections:
a) the Integrity Commissioner and every person acting under her / his instructions
shall preserve secrecy with respect to all matters that come to his or her
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 Icip .12001.
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 /
her 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.
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 ther
are reasonable grounds to believe that there has been a contravention of an
other Act or of the Criminal Code of Canada, the Integrity Commissioner sha
immediately refer the matter to the appropriate authorities and suspend th
inquiry until any resulting police investigation and charge have been finall
disposed of, and shall report the suspension to Council through the City Clerk. I
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.
PART 4
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 / her responsibilities, as, for example, by the destruction of documents or the erasing of
electronic communications.
U U:J 4 0 101
Advisory Committee 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 his / her
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
➢ Downtown Advisory Committee
➢ Economic Development Advisory Committee
➢ Environmental Committee
➢ Heritage Kitchener
➢ Safe and Healthy Community Advisory Committee
➢ Cycling 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;
f) demonstrates professionalism, transparency, accountability and timeliness
in completing any tasks or projects undertaken by the committee;
g) conforms with all relevant legislation, by-laws, policies and guidelines;
and,
h) 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. 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 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.
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 permitte
to address the committee regarding their HPA; but, are prohibited from taking part i
the committee's deliberation and / or voting regarding that matter. I
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)
• the Code • Conduct for Members • Council, Local Boards and Advisory
Committees.
n
FORMAL COMPLAINT PROCEDURE
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. 1 985, c. C-46., and also to civil liability for
defamation.
AFFIDAVIT OF,
[full name]
I,
[full name], Of the City, Town, etc ot]
[municipality of
residence] in tne FrovinceOTOntario IVI A K 1- UA I H A 1\4 U ZbA Y [ or AFFIRM:
I have personal knowledge of the facts as set out in this affidavit, because
[insert reasons e.g. / work for ... / attended the meeting at
which ... etc].
2. 1 have reasonable and probable grounds to believe that a member of Kitchener City
Council or local board,
I [specify name of member],
has contravened section(s) [specify section(s)] Of the Code of
Conduct. 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
affidavit.]
Please seethe attached Schedule 'A,(
This affidavit is made for the purpose of requesting that this matter be reviewed and for no other purpose.
SWORN [orAFFIRmED] before me at the
[City, Town, etc ot]
[Signature of commissioner]
A Commissioner for taking affidavits, etc.
in the
day of
[Signature of Complainant]
PLEASE NOTE THAT SIGNING A FALSE AFFIDAVIT
MAY EXPOSE YOU TO PROSECUTION UNDER
SECTIONS 131 AND 132 OR 134 • THE CRIMINAL CODE,
R.S.C. 1985, C. C-46, AND ALSO TO CIVIL LIABILITY FOR DEFAMATION.
Schedule `A'
To the 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
comer.]
This is Schedule 'A' referred to in the affidavit of
[full name]
Sworn [or Affirmed] before me on this
day of
[Signature of commissioner]
A Commissioner for taking affidavits, etc.
[Signature of Complainant]