2021-075 By-law to repeal By-law 2017-162 and Appoint an Interim Integrity Commissioner for the Township of Oro-MedonteThe Corporation of the Township of Oro-Medonte
By -Law No. 2021-075
A By-law to repeal By-law 2017-162 and Appoint an Interim Integrity
Commissioner for the Township of Oro-Medonte
Whereas the Municipal Act, 2001, as amended (the "Municipal Act") provides that
the powers of a municipal corporation are to be exercised by its Council through the
adoption of by-laws; and
Whereas the Municipal Act authorizes the Council of the Corporation of the
Township of Oro-Medonte to establish codes of conduct for members of Council
and to appoint an Integrity Commissioner who reports to Council; and
Whereas an Integrity Commissioner is responsible for performing in an independent
manner the functions assigned by the municipality; and
Whereas the Municipal Act, as amended pursuant to Part V.1, Accountability and
Transparency, section 223.3 (1) requires all municipalities in Ontario to appoint an
integrity Commissioner to perform the following functions:
1. The application of the code of conduct for members of council and the code
of conduct for members of local boards.
2. The application of any procedures, rules and policies of the municipality and
local boards governing the ethical behaviour of members of council and of
local boards.
3. The application of sections 5, 5.1 and 5.2 of the Municipal Conflict of Interest
Act to members of council and of local boards.
4. Requests from members of council and of local boards for advice respecting
their obligations under the code of conduct applicable to the member.
5. Requests from members of council and of local boards for advice respecting
their obligations under a procedure, rule or policy of the municipality or of the
local board, as the case may be, governing the ethical behaviour of
members.
6. Requests from members of council and of local boards for advice respecting
their obligations under the Municipal Conflict of Interest Act.
7. The provision of educational information to members of council, members of
local boards, the municipality and the public about the municipality's codes of
conduct for members of council and members of local boards and about
the Municipal Conflict of Interest Act; and
Whereas Oro-Medonte Council deems it expedient to appoint John Ewart as
Interim Integrity Commissioner to perform the functions, powers and duties recited
above and as may be set out in the Municipal Act from time to time.
Now Therefore Be It Resolved That The Council of The Corporation of The
Township of Oro-Medonte Hereby Enacts As Follows:
1. That John Ewart is hereby appointed as the Township of Oro-Medonte's
Interim Integrity Commissioner pursuant to Part V.1, Accountability and
Transparency, section 223.3 (1) of the Municipal Act, as amended.
2. That upon appointment John Ewart will have all the functions, powers and
duties of an integrity commissioner as set out in Part V.1, Accountability and
Transparency, section 223.3 (1) of the Municipal Act, and in addition such
functions, powers and duties as may be assigned by Council from time to
time.
3. That the Township of Oro-Medonte hereby indemnifies and save harmless
the Integrity Commissioner or any person acting under the instructions of the
Integrity Commissioner for costs reasonably incurred in connection with the
defence of a proceeding if the proceeding relates to an act done in good faith
in the performance or intended performance of a function, duty or authority
under Part VA section 223.3 (6) of the Municipal Act, or a by-law passed
thereunder, or an alleged neglect or default in the performance in good faith
of the function, duty or authority.
4. That all actions taken and required to be taken by the Mayor and Clerk on
behalf of the Corporation of the Township of Oro-Medonte to complete this
matter including the execution of the Agreement and any other associated
documentation are hereby authorized, confirmed and ratified.
5. That By-law 2017-162 shall be repealed in its entirety; and
6. That this By-law shall come into force and take effect June 26, 2021.
By -Law Read a First, Second and Third time, and Passed this 23rd day of
June, 2021.
The Corporation of the Township of Oro-Medonte
Mayor, H.S. H
Cie Yvonne Aubichon