How Will Bill 9 Impact Municipal Governance?

Municipalities have long voiced concerns over misbehaving councillors and called for legislation to address inappropriate behaviour in council. In late 2024, the Ontario government answered the call by introducing Bill 9, also known as the Municipal Accountability Act.

Bill 9 amends Ontario’s Municipal Act by creating a standardized municipal code of conduct and introducing stronger penalties for councillors who violate the code. Most notably, Bill 9 would give municipal councils the power to remove misbehaving councilors and disqualify them from running again for four years.

Codes of Conduct

The Municipal Act currently requires municipalities to establish codes of conduct that describe the types of behaviour that are acceptable in the workplace. Bill 9 would amend the Municipal Act by giving the Ontario government the power to create a standard code of conduct applicable to council members and members of local boards. That code would then be used to assess whether councilors engaged in improper conduct. 

Penalties for misbehaving councillors

Under the Municipal Act, municipal integrity commissioners can investigate complaints about council members or members of local boards. If the commissioner finds that the councilor or board member violated the code of conduct, the municipality may discipline the council member or suspend their pay for up to 90 days.

Bill 9 would amend the Municipal Act to include a harsher penalty for misbehaving councilors. Under Bill 9, municipal commissioners would be able to recommend to the Integrity Commissioner of Ontario that a councilor be removed from office and that their seat be vacated if:

• the councillor violated the code of conduct
• the violation is serious
• the councillor’s conduct harmed someone’s health, safety and well-being
• other forms of discipline are insufficient to address the conduct or ensure it does not happen again

The Integrity Commissioner of Ontario would consider whether the councilor’s conduct met those criteria. They might also consider whether the conduct negatively impacts public confidence in the councilor and council.

If the Integrity Commissioner of Ontario finds that the councilor’s conduct meets the above criteria, it will recommend that the municipality remove the councilor and a vote will be held. The recommendation will only be approved if all council members vote in its favour. If the recommendation is approved, the councilor is removed, their seat is declared vacant and they cannot run for councilor or local board member for four years.  

Striving for better municipal governance

There have long been calls for councillors to be more respectful in their interactions with fellow elected officials and the public. It is common to hear stories about members of the public service having altercations with each other or residents. The Township of Rideau Lakes recently announced that council meetings would be held virtually following an in-person session involving multiple heated exchanges between the deputy mayor and members of the public. As a result of those exchanges, the police were called and staff invoked work refusals under the Occupational Health and Safety Act.

In addition to Bill 9, there are other important initiatives to improve municipal governance. Earlier this year, the Elect Respect campaign was launched, calling on elected officials and the public to fight against abuse and toxicity in politics while promoting a respectful public service.

It is no secret that politics can be combative, as elected officials discuss important and hot button issues that impact the residents they serve. Those same residents also have high demands for councillors and board members, thus adding to stress in the public service. That said, the political arena cannot become one where councillors and board members harass, abuse or engage in other forms of improper conduct against each other or the public. While Bill 9 would provide additional tools to address misbehaving councillors, municipalities can tackle those issues without those legislative changes. Municipalities can ensure that they have robust workplace policies identifying which forms of behaviour are unacceptable for staff, including councillors, and acting swiftly to investigate complaints. Doing so will demonstrate that all councillors behave respectfully and that failure to meet those expectation can result in discipline.

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