Preventing Political Interference Policy

1.1      Ontario Regulation 333/07 made under the Municipal Act, 2001 requires a municipality establishing an AP system to have a policy for the prevention of political interference in AP. This Policy is intended to address this requirement, to define what constitutes political interference in relation to AP, and to ensure that the responsibilities of individuals involved in AP are conducted in accordance with the principles of fundamental justice, which include decision making and procedural independence, fairness, impartiality, and integrity, without any political interference.

2.1      This Policy applies to all members of Council, Screening Officers, Hearing Officers, Town employees involved in the enforcement and administration of AP and to all other Town employees in relation to their interaction with AP and members of Council.

The following shall apply in addition to this Policy:

a)        For Town employees involved in the administration of the AP program: the Employee Code of Behaviour shall also apply in regard to the activities of an employee in the administration of the AP program. In the event of a conflict between the provisions of this Policy and the provisions of the Employee Code of Behaviour in relation to AP, this Policy shall supersede.

b)        For Hearing Officers: the provisions of any agreement governing the retainer between the Town and a Hearing Officer(s) shall also apply in regard to the activities of the Hearing Officer. In the event of a conflict between this Policy and the agreement, the provisions of this Policy shall supersede. 

c)         For members of Council: The Code of Conduct for Members of Council shall also apply in regard to the activities of members of Council. In the event of conflict between the provisions of this Policy and the provisions of the Code of Conduct for Members of Council in relation to AP, this policy shall supersede.

This Policy shall apply in addition to all applicable law (i.e. the Municipal Conflict of Interest Act, etc.). A breach of applicable law relevant to any matters set out in this Policy shall be deemed to be a breach of this Policy.

3.1      The Town of Bradford West Gwillimbury is committed to ensuring that the AP system is conducted in a fair and independent manner and preventing political interference in the administration of AP.

Communication

3.2      This Policy will be posted on the Town’s website.

3.3      This Policy shall form part of the orientation for all Screening Officers, Hearing Officers and AP enforcement and administration staff.

3.4      All current and new Town officials and employees with the potential for interaction with the AP program shall receive training in relation to this Policy.

Principles of Preventing Political Interference

3.5      No Person shall attempt, directly or indirectly, to communicate with any Town employee or other person performing duties related to the administration of AP for the purpose of influencing or interfering, financially, politically or otherwise, with the administration of AP or with any particular Penalty Notice.

3.6      No Person shall attempt, directly or indirectly, to communicate with a Screening Officer or Hearing Officer for the purpose of influencing or interfering, financially, politically or otherwise, the Screening Officer or Hearing Officer respecting a Penalty Notice and/or respecting a Power of Decision in a proceeding that is or will be pending before a Screening Officer or Hearing Officer, except:

a)        A Person who is entitled to be heard in the proceeding or the Person’s lawyer, licensed paralegal, or authorized representative; and

b)        Only by that Person or the Person’s lawyer, licensed paralegal or authorized representative during the hearing of the proceeding in which the issues arises.

          Section 3.6 does not prohibit the giving or receiving of legal advice.

3.7      In addition to this Policy, the Administrative Penalty By-law sets out a prohibition on attempting to influence a Screening Officer or Hearing Officer and creates an offence for any contravention of the provisions of the Administrative Penalty By-law. Such penalty is in addition to any action taken pursuant to this Policy.

3.8      All individuals involved with the enforcement and administrative functions of AP shall carry out such duties in a manner which upholds the integrity of the administration of justice.

Accountability

3.9      A Screening Officer or Hearing Officer, Town employee or any other individual performing duties related to AP shall report any attempt at influence or interference, financial, political, or otherwise, by any Person, to the Manager of Legal Services as soon as possible. No action shall be taken against the Screening Officer, Hearing Officer, employee or other person(s) for making any such report in good faith.

3.10   Where any employee, Screening Officer, Hearing Officer, or other person performing duties related to AP, is contacted by a member of Council with respect to the administration of AP or a specific Penalty Notice, they shall immediately disclose such contact to the Manager of Legal Services in order to maintain the integrity of the AP system.

3.11   Any interference with or attempt to interfere with AP by any Person may result in charges under the Criminal Code of Canada, as applicable, or any other applicable law, in addition to any disciplinary action.

3.12   Any interference with AP or attempt to interfere with AP by a member of Council will be addressed pursuant to the Code of Conduct for Members of Council.

Reprisal

3.13   No person shall take any Reprisal against a Town employee or other individual performing duties related to the administration of the AP because the employee or individual, in good faith:

                i.       Has sought information or advice about making a disclosure about wrongdoing contrary to this policy;

               ii.       Has made a disclosure about wrongdoing contrary to this policy in good faith;

              iii.       Has initiated or cooperated in an investigation or other process related to a disclosure of wrongdoing contrary to this policy;

              iv.       Has appeared as a witness, given evidence or participated in any proceeding relating to the wrongdoing contrary to this policy, or is required to do so;

               v.       Has alleged or reported a Reprisal; or

              vi.       Is suspected or any of the above actions.

3.14   The identity of employees or other individuals performing duties related to the administration of AP involved in an investigation, including the identity of an individual alleging political influence contrary to this policy, will be protected to the fullest extent possible.

3.15   If an employee believes that they have suffered Reprisal, this should be reported immediately to the Manager of Legal Services, or where appropriate, to the Director.

Compliance, monitoring and review

4.1      The Manager of Legal Services shall be responsible for the development, approval, implementation, training, monitoring and compliance of and with the policy.

Reporting

4.2      No additional reporting is required.

Records management

4.3      Staff must maintain all records relevant to administering this policy in a recognized Town recordkeeping system in accordance with the Town Records Management policies and procedures.

“Administrative Penalty By-law” means the By-law passed by the Town to establish administrative penalties (“AP”), as amended from time to time, or any successor thereof;

“AP” means the Administrative Penalty system, established pursuant to the Town’s Administrative Penalty By-law;

“Clerk” means the Town Clerk, or anyone designated by the Clerk to perform their duties relating to AP;

“Code of Conduct for Members of Council” means the policy adopted by the Town to govern Council conduct, provide ethical standards and conflict of interest, as amended from time to time, or any successor thereof;

“Council” means the Council of the Town;

“Director” means the Director of Corporate Services, or anyone designated by the Director to perform their duties related to AP;

“Hearing Officer” means any person appointed pursuant to the Screening and Hearing Officer By-law, to perform the functions of a Hearing Officer in accordance with the Screening and Hearing Officer By-law and the Administrative Penalty By-law;

“Hearing Review” means the process related to review of a Screening Decision, as set out in section 6 of the Administrative Penalty By-law;

“Manager of Legal Services” means the Legal Servicest Division leader, or anyone designated by the Manger of Services to perform their duties relating to AP;

“Penalty Notice”  means a penalty notice issued to a Recipient who has contravened a Designated By-law provision or Designated Statute provision or, in the case of a contravention of a Designated By-law provision, issued to the person who, in the opinion of the officer, appears to have care and control of the vehicle at the time of the contravention. “Issued to” includes “imposed on” and “penalty notice” includes “penalty order”, both as used in O. Reg. 355/22.

“Person” includes an individual or a corporation;

“Power of Decision” means a power or right, conferred by or under the Administrative Penalty By-law, to make a decision about or prescribing the legal rights, powers, privileges, immunities, duties or liability of any Person;

“Reprisal” means any measure taken or threatened as a direct result of disclosing or being suspected of disclosing an allegation of wrongdoing, initiating or cooperating in an investigation into an alleged wrongdoing, and includes but is not limited to:

a)               Disciplinary measures;

b)               Demotion of the employee or individual;

c)               Termination of the employee or individual;

d)               Intimidation or harassment of the employee or individual;

e)               Any measure that adversely affects the employment or working conditions of the employee

or individual; and

f)         Directing or counselling someone to commit a reprisal;

“Screening and Hearing Officer By-law” means the By-law passed by the Town to establish the positions of Screening and Hearing Officers and to provide for the appointment of Screening and Hearing Officers, in relation to administrative penalties, as amended from time to time, or any successor thereof;

“Screening Officer” means any person appointed pursuant to the Screening and Hearing Officer By-law, to perform the functions of a Screening Officer in accordance with the Screening and Hearing Officer By-law and the Administrative Penalty By-law;

“Screening Review” means the process related to the review of a Penalty Notice, as set out in section 5 of the Administrative Penalty By-law;

“Staff Code of Conduct” means any policy adopted by the Town to govern employee conduct, provide ethical standards and conflict of interest, as amended from time to time, or any successor thereof; and

“Town” means The Corporation of the Town of Bradford West Gwillimbury.

·         Municipal Act, 2001, S.O. 2001, c.25, as amended

·         Statutory Powers and Procedures Act, R.S.O. 1990, c.S.22, as amended

·         O. Reg. 355/22 Administrative Penalties for Contraventions Detected Using Camera Systems, as amended

·         Appointment of Screening and Hearing Officer Policy

·         Conflict of Interest and Code of Conduct Policy

·         Administrative Penalties By-law

·         Appointing Screening and Hearing Officers By-law

7.1      Feedback about this document may be provided by emailing the Manager of Legal Services.