Codes of conduct

This Code of Conduct applies to every member of Council of Niagara Region. Members of Council are encouraged to discuss any situations of concern or doubt regarding the code with the Regional Chair. The Code of Conduct helps to ensure that the members of Regional Council share a common basis for acceptable conduct.

These standards are designed to provide a reference guide and a supplement to the legislative parameters within which the members of Council must operate. These standards should serve to enhance public confidence that Niagara Region's elected representatives operate from a base of integrity, justice and courtesy.

The Code of Conduct is a general standard that augments the provincial laws and Regional by-laws that govern the conduct. It is not intended to replace personal ethics.

All members of Council shall observe the highest standard of ethical conduct. They are expected to act honestly, independently, impartially, with discretion and without regard to self-interest and to avoid any situation liable to give rise to a conflict of interest. They are expected to:

• Be mindful of the importance of their duties and responsibilities
• Take into account the public character of their function
• Conduct themselves in a way that maintains and promotes the public's trust in Niagara Region

All members of Council have a duty to act honestly, in good faith and in the best interests of Niagara Region. All members shall serve their constituents in a conscientious and diligent manner.

No member shall use the influence of office for any purpose other than the exercise of his or her official duties.

All members of Council shall accurately communicate the decisions of Council, even if they disagree with Council's decision, such that respect for the decision-making processes of Council is fostered.

Members of Council have a duty to hold in strict confidence all information concerning matters dealt with at meetings closed to the public. A member of Council shall not, either directly or indirectly, release, make public or in any way divulge any such information or any aspect of the meeting closed to the public deliberations to anyone, unless expressly authorized by Council or required by law to do so.

Members of Council shall not release information in contravention of the provisions of the Municipal Freedom of Information and Protection of Privacy Act and shall comply with the provisions of the Information Access and Privacy Protection Policy for Niagara Region.

Members of Council shall not release information subject to solicitor-client privilege, unless expressly authorized by Council or required by law to do so.

Members of Council shall not misuse confidential information (information that they may have knowledge of by virtue of their position as councillor that is not in the public domain, including emails and correspondence from other members of Council or third parties) such that it may cause detriment to the corporation, Council or others, or benefit or detriment to themselves or others.

Members of Council of Niagara Region shall avoid conflict of interest or unethical behaviour. This policy will assist members of Council to identify and handle potential conflicts of interest and provide a useful reference guide to help to ensure consistency in dealing with situations. It is intended to supplement other professional codes in use.

The Members of Council shall fully comply with the provisions of the Municipal Conflict of Interest Act. Members of Council shall also avoid conflict of interest or unethical behaviour in the following situations (note: conflicts are not limited to the following):

• Members of Council shall not use their position within the Region to gain any particular interest, personal or family advantage or benefit in using any service provided by the Region or in conducting any business on behalf of the Region
• Members of Council shall not be involved as an official of the Region in judging, inspecting or making a decision on any matter in which they have a personal or family interest. Any member of Council involved shall immediately declare a conflict of interest as soon as such conflict is identified.

Members of Council shall respect the values of truth, honesty and integrity in all Niagara Region matters, issues and activities.

Members of Council shall not impose their personal, moral or religious standards on others as every person is an individual with specific rights, values, beliefs and personality traits to be respected at all times.

Members of Council shall respect the right to confidentiality and privacy of all clients, volunteers and employees and be aware of their responsibilities under relevant legislation, corporate and departmental policies, ethical standards and where appropriate, professional standards. No discussion regarding clients, volunteers or employees will be conducted other than with authorized persons in accordance with corporate and department policy.

Members of Council shall act in the best interest of the community, in a responsible manner, and be held accountable for their actions.

Members of Council shall strive to achieve the highest standards of competence.

Members of Council shall be cognizant of their position within the Region and the trust and influence that can be afforded these positions by clients and community agencies. Members shall ensure that they are operating in a manner that does not violate trust relationships or abuse the power of the position.

Members shall not accept fees, gifts, hospitality or personal benefits that are connected directly or indirectly with the performance of duties as Regional Councillors, except compensation authorized by law.

This section does not apply to tokens, mementoes, souvenirs or such gifts or benefits that are received as an incident of protocol or social obligation that normally accompanies the responsibilities of office.

No member shall seek or obtain by reason of their office any personal privilege or advantage with respect to Regional services not otherwise available to the general public and not consequent to their official duties.

As representatives of the Region, every member of Council has the duty and responsibility to treat members of the public, one another and staff appropriately and without abuse, bullying or intimidation and to ensure that the municipal work environment is free from discrimination and harassment.

A member shall not use indecent, abusive, or insulting words or expressions toward any other member, any member of staff or any member of the public. A member shall not speak in a manner that is discriminatory to any individual based on the person's race, ancestry, place of origin, creed, gender, sexual orientation, age, colour, marital status or disability.

Members shall be encouraged to disable the audible signals on their cell phones during any Committee or Regional Council meetings.

Under the direction of the Chief Administrative Officer, Regional staff serve Council as a whole. Without a specific delegation from Council, no individual member of Council has executive authority over municipal staff. Members of Council shall be respectful of the fact that staff work for the Region as a corporate body and are charged with making recommendations to Council that reflect their professional expertise and a corporate perspective without undue influence from any member or group of members. Members of Council shall not maliciously or falsely injure the professional or ethical reputation of staff.

Council is the custodian of the assets of the Region. The community places its trust in Council and those it appoints to make decisions for the public good in relation to these assets.

By virtue of their office or appointment, members must not use or permit the use of the Region's land, facilities, equipment, supplies, services, staff or other resources for activities other than the business of the Region. No member shall seek financial gain for themselves, family or friends from the use or sale of Region-owned intellectual property, computer programs, technological innovations, or other patent, trademarks or copyright held by the Region.

No member shall use information gained in the execution of his or her official duties that is not available to the general public for any purposes other than his or her official duties.

Members shall act with honesty and integrity including:

• Act in a manner that demonstrates professionalism, transparency, accountability and contributes to the public's confidence in the advisory committee or task force
• Not engage in conduct, that may, or may appear to, constitute an abuse of their position as a member or conflicts with the mandate of the advisory committee, including the use of social media
• Treat members of the public, one another and staff, respectfully and without abuse, bullying or intimidation
• Act in a manner that respects the individual rights, values, beliefs and personality traits of any other person, recognizing that all persons are entitled to be treated equally with dignity and respect for their personal status regarding gender, sexual orientation, race, creed, religion, ability and spirituality
• Accurately communicate activities of the committee to groups represented or those who may have an interest and offer information back to the committee
• Serving the committee to which they have been appointed in a diligent manner that conforms with all relevant legislation, by-laws, policies and procedures
• Be respectful of the fact that staff work for the entire Region and are charged with making recommendations that reflect their professional expertise and corporate perspective. Members shall not exert undue influence on staff and shall not engage in any harassment of staff.

Members shall review meeting materials before meetings and arrive prepared to provide meaningful input and constructive comments on the issues under consideration. Members shall demonstrate timeliness in completing any tasks or projects undertaken by the committee.

Members shall respect and cooperate with other members and staff; giving fair consideration to diverse and opposing viewpoints; and agree to describe, process and resolve issues in a professional and respectful manner.

Members shall respect due process and the authority of the chair, vice-chair or presiding officer.

Members who miss three consecutive meetings shall be deemed to have resigned from the committee and will be notified of this in writing by the committee chair and / or Regional Clerk.

Members shall avoid situations of real or apparent conflict of interest or bias with respect to their service on any committee.

Members shall avoid participating in or influencing a proceeding when the member, or another person with whom the member has a close personal or professional relationship, has a financial or other private interest that may be affected by the proceeding or its outcome.

In the performance of his or her duties, a member shall not:

• Place themselves in a position where the member is under obligation to any person who might benefit from special consideration or favour or who might seek preferential treatment in any way
• Accord preferential treatment to relatives or to organizations in which the member, their child, parent or spouse, have an interest, financial or otherwise
• Deal with an application to the Region for a grant, award, contract, permit or other benefit involving the member or his or her immediate relative
• Place themselves in a position where the member could derive any direct benefit or interest from any matter about which they can influence decisions
• Benefit from the use of information acquired during the course of their official duties which is not generally available to the public

Where a member believes they have a conflict of interest in a particular matter, they shall:

• Before any consideration of the matter, disclose their interest and the general nature thereof
• Not take part in the discussion or the vote on any question or recommendation in respect of the matter
• Not attempt in any way whether before, during or after the meeting to influence the voting on any such question or recommendation
• Ensure that the interest is recorded in the minutes of the meeting

Members shall not accept any fees, gifts, hospitality, entertainment or personal benefits that are connected directly or indirectly with their service on the committee. This does not apply to tokens, mementos, souvenirs, or such gifts or benefits that are received as an incident of protocol or social obligations undertaken through the committee.

No member shall use Regional equipment or staff, or other Regional services or resources for their own private purposes.

A member may not identify as a member of a Niagara Region Advisory Committee while working on fundraising, endorsing or otherwise contributing to the election campaign of another person or third party.

If a member is seeking elected office personally, they may note their service on a Niagara Region Advisory Committee in their personal campaign materials as background information. However, these materials must not imply that Niagara Region or the advisory committee is contributing to or endorsing the member's campaign in any way.

No member shall use the influence of their position for any purpose other than the duties as a member of the Niagara Region Advisory Committee to which they are appointed.

Members shall not represent themselves publicly or in any form of media as agents of the Region. If a member is contacted by the media about a matter involving their Niagara Region Advisory Committee, the member shall refer the media to Regional staff.

If any person believes that there has been a violation of this code of conduct by a member, they should provide their complaint in writing to the Regional Clerk. The Regional Clerk will review the complaint and determine, in consultation with the Integrity Commissioner, where appropriate, if an informal resolution is possible.

Informal resolutions may include, but are not limited to, an apology and a promise to discontinue the behaviour that resulted in the complaint.

Should an informal resolution not be possible or appropriate, the Regional Clerk may refer the matter to the Integrity Commissioner for further review and potential investigation in accordance with the Integrity Commissioner's established complaint procedures.

In the event that it is determined by the Integrity Commissioner that there has been a violation of the code of conduct, the Integrity Commissioner may recommend any of the following possible actions:

• Issuance of a formal warning to the member by the Regional Clerk
• Should subsequent breaches occur following the formal warning, or in the event of a serious violation, the matter may be brought to the attention of Regional Council with a recommendation to issue a formal reprimand
• In extreme circumstances, suspension and / or removal of the member from the advisory committee may be recommended to Regional Council

An advisory committee's role is to:

• Provide non-binding recommendations, advice and information
• Facilitate public input to Regional Council and staff on those matters which relate to the mandate of the advisory body
• Facilitate public input on any matters which may be referred to the committee by Council or staff

Advisory bodies play an integral role in the Region's public engagement efforts by focussing on particular topics that have an impact on Niagara Region.

This code of conduct is provided as a general standard for all members of the public serving on advisory committees to ensure they are acting in a manner that is appropriate and establishes a common basis for acceptable conduct.

It is recognized that this code of conduct cannot anticipate all possible fact situations in which an advisory committee member may be called upon to exercise judgement as to an appropriate standard of conduct. Members are to ensure their decisions and conduct:

• Maintain and respect Niagara Region's values of truth, honesty and integrity
• Take into account the public character of their function as an advisory committee member
• Conduct themselves in a way that maintains and promotes the public's trust in Niagara Region

As a general rule, social media interactions should be treated in the same manner as face-to-face, telephone or email interactions. In other words, the same various code rules governing respectful conduct — whether at Council or board meetings, or in other forums — are equally applicable to social media interactions. This does not mean that members are not permitted to share their political views, even when those views may be unpopular or contrary to prevailing views, with notable exceptions, such as discrimination. It does mean that members must express themselves respectfully and in accordance with the principles and rules set out in the codes.

The codes of conduct are applicable to members at all times. Accordingly, even if a member does not use social media in an intentionally professional capacity for their duties as a member, they are still regarded as public representatives in any interactions they may have and may be held accountable for their conduct pursuant to their respective code. This is heightened when members of Council and local boards self-identify with their public titles in using social media and when members in general use social media to communicate with constituents.

While it is quite usual for members of Council to use their title "Councillor" on social media, members of the public on Regional committees are best advised to not use any Region-affiliated title on social media, but may seek advice from the Integrity Commissioner on a case-by-case basis.

The use of a member's title in their social media profile is akin to using the Region's letterhead. If a member of Council would not put something on the Region's letterhead, they should not post it under their title on social media. As an example, advertising personal, private or third-party interests on a social media account that includes the member's title of office could be seen as improperly using the influence of the office, which is contrary to the code.

Usage of a title is not conclusive, though. Members should also be aware that not using their title does not necessarily excuse them from their code obligations — especially (though not exclusively) if the member uses the social media account for official business in their role as a representative in the Regional government, for example, communicating with constituents.

Posting a disclaimer that the social media account is private or stating that the views expressed thereon are merely personal in nature also does not necessarily excuse the member from their code obligations. Members of Council are particularly viewed as public representatives at all times. Public posts or interactions with the public are always subject to scrutiny and can become the subject of code of conduct complaints.

Members must also avoid improperly using the Region's property — including its intellectual property (such as trademarks, wordmarks, logos, etc.) — in online posts or interactions that are unconnected to Regional government business.

Members should be cautious about the language they employ in any social media interactions, and particularly avoid language which may be contrary to expectations established by the codes, such as abuse, bullying, discrimination, intimidation, dishonesty or sharing confidential information.

There is no specific rule under either code of conduct dealing with blocking, muting or unfriending on social media. However, in light of the overarching principles of the Region, and the general principles guiding the conduct of members, it is interpreted that those who use social media to engage with the public must do so in an open, transparent and publicly accountable manner.

As a general rule, blocking or unfriending members of the public should not be the automatic go-to solution for managing difficult social media interactions. Members should never feel obligated to accept abuse, bullying, harassment or threatening behaviour, and conduct by a member of the public which violates the law need not be tolerated. But members must also balance their public obligations to engage in dialogue with those who may disagree with them. Disagreements — even vigorous ones — on matters of public policy come with the territory of being an elected representative.

If a member is made to feel unsafe due to conduct or comments which may be abusive, harassing or threatening in nature, for example "trolling", then the member may well be justified in blocking or unfriending the involved individual. Conduct which might violate the social media platform's terms of service may also be reported to that platform. Criminal conduct, or conduct which violates the Ontario Human Rights Code, may be pursued with the appropriate authorities. Specific advice about whether it is appropriate to block someone on social media may be obtained via a Request for Advice from the Integrity Commissioner.

Social media that has been created or is accessed using the Region's resources — for example, with help from Regional staff; using the Region's IT or telecommunications equipment; using devices funded by the Region; or associated with a Regional email address, such as the @niagararegion.ca domain — must not be used for election activities, in accordance with Policy C-A-024, "Use of Municipal Resources during the Election Campaign Period."

Members are further advised to refrain from engaging in campaign activities on social media accounts which use their official title, or from which they conduct official business of the Region, to avoid conflating personal interests with public interests or the Region's property or business interests.

Tell the member that their behaviour appears to violate the Code of Conduct. Request that the member stop the behaviour.

Document relevant information, such as date, time, location and other people present.

We encourage you to use the informal complaint process as a way to immediately address behaviour and settle the matter.

Step 1 – Complete a Request for Investigation Form / Affidavit

Fill out the Request for Investigation Form / Affidavit (PDF) and include:

• Information to support the claim made against the Member, including dates and locations
• Names and contact information for any witnesses of the event
• Your name and contact information; anonymous complaints will not be accepted
• Do not sign the form until you are before a Commissioner of Oaths to swear / affirm the affidavit

Step 2 – Bring in-person to our clerk's office

Place the completed form in an envelope and bring it in-person to the Office of the Regional Clerk. Do not seal the envelope at this time (unless the affidavit is already properly sworn before a Commissioner of Oaths). Individuals should contact the Regional Clerk to make an appointment.

1815 Sir Isaac Brock Way, Thorold
Monday – Friday, 8:30 a.m. – 4:30 p.m., excluding holidays

Step 3 – Swear / affirm the affidavit to the Regional Clerk

When you arrive at the Office of the Regional Clerk, you must swear / affirm the affidavit to indicate that the information you provided is accurate and truthful, unless it has already been sworn / affirmed before a Commissioner of Oaths elsewhere.

Step 4 – Seal the envelope

Once the affidavit has been sworn / affirmed, you will seal the envelope and give it to the Regional Clerk. The Regional Clerk will forward the complaint to the Integrity Commissioner who will contact you regarding your complaint.

The Integrity Commissioner will enter into a "Consent and Confidentiality Agreement" with the complainant before beginning their investigation. The Regional Clerk and other necessary individuals will maintain confidentiality.

Reports to Council

The Integrity Commissioner generally completes investigations within 90 days or less.

After the Integrity Commissioner has completed the investigation, a final investigation report will be provided to Regional Council on an open session council agenda. This final investigation report will identify the complainant and the member of council involved.

An annual report is also submitted to Regional Council summarizing the number of complaints and findings.