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Toronto City Council · 2023-02-07 · 2023.MM3.8

The filed record

Expressing Support for Bill 5, Stopping Harassment and Abuse by Local Leaders Act - by Councillor Gary Crawford, seconded by Deputy Mayor Jennifer McKelvie

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The decision

2023-02-07 · Toronto City Council · referred

As filed

City Council on February 7 and 8, 2023, referred Motion MM3.8 to the Integrity Commissioner for a report back to Council.

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In March 2021, a private member's bill was introduced in the Legislative Assembly to address harassment involving Elected Officials. As of August 10, 2022 Bill 5, Stopping Harassment and Abuse by Local Leaders Act is at First Reading: https://www.ola.org/en/legislative-business/bills/parliament-43/session-1/bill-5. This bill amends the Municipal Act, 2001 and the City of Toronto Act, 2006 requiring the code of conduct for municipal councillors and members of local boards to include a requirement for those councillors and members to comply with workplace violence and harassment policies.

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The amendments also permit municipalities and local boards to direct the Integrity Commissioner to apply to the court to vacate a member's seat if the Commissioner's inquiry determines that the member has contravened the code of conduct by failing to comply with the workplace violence or harassment policies. All claims would need to be substantiated before remedial actions are taken. Further, City of Toronto Integrity Commissioner Jonathan Batty in his last annual report to Council included a special section on legislative reform that examined this precise question on pages 8 to 12: https://www.toronto.ca/legdocs/mmis/2022/cc/bgrd/backgroundfile-223486.pdf. In there, Integrity Commissioner Batty identifies seven (7) considerations that should be addressed in designing the necessary legislative solution to this problem. There is a growing number of municipalities that have already officially endorsed this bill such as the City of Woodstock, County of Simcoe, and City of Ottawa.

Staff recommended

Councillor Gary Crawford, seconded by Deputy Mayor Jennifer McKelvie, recommends that: 1. City Council express its support for Bill 5, Stopping Harassment and Abuse by Local Leaders Act. 2. City Council forward this item to Premier Doug Ford, the Minister of Municipal Affairs and Housing, Toronto Members of Provincial Parliament, Member of Provincial Parliament for Orléans, Stephen Blais, and the Association of Municipalities of Ontario for information.

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