General Committee
	TO:	Mayor and Members of Council
	FROM:	Sheila Birrell, City Clerk; and Andy Taylor, Commissioner of Corporate Services
	PREPARED BY:	Sheila Birrell, Town Clerk
	DATE OF MEETING:	2005-11-21
	SUBJECT:	Bill 123, the Transparency in Public Matters Act, 2005

RECOMMENDATION:

Whereas Bill 123, the Transparency in Public Matters Act, 2005, is a private member’s bill currently before the Ontario Legislature;

And Whereas the Association of Municipal Managers, Clerks and Treasurers of Ontario (AMCTO) fully supports openness, accountability and transparency in the conduct of public business, including municipal business;

And Whereas AMCTO has concerns about the Bill which were presented to the Standing Committee on Regulations and Private Bills in September 2005 in a position paper adopted in February 2005;

And Whereas the AMCTO presentation pointed out the overlap of the provisions in Bill 123 with the notice, meeting and minute provisions of the Municipal Act that, in conjunction with the electoral process, already support openness and accountability in local government;

And Whereas not only will Bill 123 result in additional costs, it will create two competing sets of statutory rules for conducting municipal meetings and two parallel systems for challenging council decisions on procedural grounds;

And Whereas the Town of Markham has consistently promoted and conducted open meetings in accordance with the existing Municipal Act;

Now Therefore, Be It Resolved that the town of Markham endorse the position of the Association of Municipal Managers, Clerks and Treasurers of Ontario, the highlights of which are as follows:

RECOMMENDATION: (cont’d.)

· municipalities should removed from the list of public bodies subject to Bill 123, the Transparency in Public Matters Act, 2005;

· the proposed Act contradicts the provincial government’s stated recognition of municipalities as “responsible and accountable governments” as set out in Section 2 of the Municipal Act, 2001;

· the introduction of an additional piece of legislation governing the way in which municipalities conduct their business would create confusion for municipal politicians and staff and the members of the public whom they serve; and

· the proposed Act could undermine the decision-making-process in communities across Ontario.

PURPOSE:

To apprise Council of the implications of proposed Bill 123, the Transparency in Public Matters Act, 2005 and of the concerns expressed by the Association of Municipal Managers, Clerks and Treasurers.

BACKGROUND:

Bill 123, the Transparency in Public Matters Act, 2005, is a private member’s bill currently before the Ontario Legislature. It has received approval in principle. The Association of Municipal Managers Clerks and Treasurers of Ontario, having concerns respecting the proposed legislation made a formal presentation to the Standing Committee on Regulations and Private Bills in September 2005. A letter from AMCTO requesting Council endorsation of their position was received by the General Committee on November 7, 2005 and referred to the Town Clerk.

OPTIONS/DISCUSSION:

AMCTO believes that, unless it is amended to exclude municipal governments, Bill 123 could undermine the decision-making process in Ontario municipalities. AMCTO suggests such a Bill is inconsistent with a duly elected accountable order of government. The current Minister of Municipal Affairs and Housing, the Honourable John Gerretsen, is quoted as saying “municipalities are a level of government duly elected just like the provincial and federal levels.” Municipal governments are accountable through an electoral process similar to the process that ensures the accountability of the provincial legislature. The Municipal Act, 2001 was drafted with the intent of providing municipalities with the flexibility to conduct their activities in a manner best-suited to local circumstances, while still ensuring that the general interests of residents were protected.

Although AMCTO supports the stated purpose of Bill 123, i.e. ensuring that decisions made or deliberations held by public bodies occur in sessions open to the public and that the minutes are available to the public, the Association states that Bill 123 is not required for that objective to be accomplished. The current Municipal Act contains extensive provisions to ensure transparency in local government. Section 251 requires municipalities to establish provision for notice and Section 239 requires meetings to be open to the public, with exceptions similar, but not identical, to reasonable exceptions set out in Bill 123. Section 253 of the Municipal Act provides for a right of access to all minutes and proceedings of meetings. The proposed Bill speaks to OPTIONS/DISCUSSION: (cont’d.)

inclusion of comment in the record of proceedings, while the Municipal Act prohibits it.

Another concern is regarding that any person may submit a complaint to the Information and Privacy Commissioner about procedural deficiencies of a public body. The Commission is then

authorized to, among other things, issue orders that void “a decision, recommendation or action” made at the meeting that does not conform to the requirements of the Act.

The AMCTO presentation to the Standing Committee on Regulations and Private Bills is attached hereto as Schedule “A”. Schedule “B” is a chart outlining the overlap between the proposed Bill and the Municipal Act, 2001. The Association suggests it could undermine the decision making process and staff concur and recommend endorsation of the A.M.C.T.O. position.

FINANCIAL CONSIDERATIONS:

None

ENVIRONMENTAL CONSIDERATIONS:

None

ACCESSIBILITY CONSIDERATIONS:

None

ENGAGE 21ST CONSIDERATIONS:

None

BUSINESS UNITS CONSULTED AND AFFECTED:

None

ATTACHMENTS:

Schedule “A” – AMCTO Presentation to the Standing Committee on Regulations and Private

Bills

Schedule “B” – AMCTO Tabulation of Overlap Between Bill 123 and the Municipal Act

Separate Enclosure: Copy of Bill 123, the Transparency in Public Matters Act, 2004

Sheila Birrell, Town Clerk.

Andy Taylor, Commissioner, Corporate Services.