"With Great Power Comes Great Responsibility": Ontario Proposes New Measures Through Bill 9, Municipal Accountability Act, 2025 To Increase Accountability Of Elected Municipal Officials And Members Of Local Boards

Municipal councillors and certain local board members in Ontario (Municipal Officials) may soon be subject to a new, province-wide code of conduct, applicable to all municipalities, which would introduce stricter penalties for breaches. Bill 9, Municipal Accountability Act, 2025, would amend the Municipal Act, 2001 and the City of Toronto Act, 2006 to enable these changes. Introduced in May 2025 and ordered for Third Reading on October 25, 2025, Bill 9 is expected to become law in 2026. In December 2024, the Ontario government introduced similar legislation (Bill 241) which did not proceed due to the Ontario election held in February 2025.

Background

Currently, under Part V.1 (Accountability and Transparency) of the Municipal Act, each municipality in Ontario is required to establish its own code of conduct for its Municipal Officials, and council is permitted to appoint a municipal integrity commissioner (the Municipal Integrity Commissioner) to, among other things, review complaints under its respective code. If the Municipal Integrity Commissioner, after reviewing a complaint, determines that a Municipal Official breached the relevant code of conduct, council could vote to penalize the Municipal Official either through a public reprimand or a suspension of pay for a period of up to 90 days.

As highlighted during second reading by the Minister of Municipal Affairs and Housing, Rob Flack (the Minister), the current approach has been seen to lead to a "fragmented system of accountability for local elected officials, with all 444 municipalities [in Ontario] abiding by their own code of conduct."

The province of Ontario stated in its May 1^st, 2025 news release, that the intent of the proposed legislation was to "strengthen municipal governance and accountability." Bill 9 seeks to do this by:

• giving the Ontario government the authority to implement a standardized code of conduct applicable to all municipalities; and
• providing a framework for a new, severe penalty for Municipal Officials, including removal and disqualification from public office.

This has the potential to create some significant benefits, as currently, alleged code of conduct breaches are regularly evaluated through each municipality's unique code of conduct, the requirements for a code of conduct under the Municipal Act, 2001 and obligations under the Municipal Conflict of Interest Act. Sometimes, municipalities have multiple codes of conduct applicable in different circumstances that overlap. Bringing further uniformity to these requirements is intended to lead to an easier understanding for Municipal Officials and the public in understanding municipal code of conduct obligations.

New standardized code of conduct

Bill 9 proposes changes to the Municipal Act, 2001 and the City of Toronto Act, 2006 to no longer permit a local council to establish its own code of conduct. Rather, the proposed changes would permit the Lieutenant Governor in Council, by regulation, to prescribe a single code of conduct applicable to all municipalities across the province. While Bill 9 would come into force on Royal Assent, these particular provisions would not come into force until a day to be named by order of the Lieutenant Governor in Council.

In its May 1st news release, the Province of Ontario noted its intention to consult with the municipal sector on the standardized code of conduct and work with the municipal sector on the new regulations, in advance of the new terms of councils in 2026. While a draft code of conduct is not expected until after Bill 9 passes, it is expected to continue to cover the matters currently prescribed in Ontario Regulation 55/18, including gifts, benefits, hospitality, respectful conduct, confidential information and use of public property. In addition, based on recommendations submitted to date, some proposed additional areas may include use of social media, communication on behalf of council or a local board, decorum during meetings and conflicts of interests beyond the scope of the Municipal Conflict of Interest Act¹.

Framework for removal and disqualification from public office

Bill 9 empowers the Minister to set Municipal Integrity Commissioner inquiry procedures and creates a process to remove and disqualify a Municipal Official. An overview of the process is set out below:

1. Municipal Integrity Commissioner recommendation to Integrity Commissioner of Ontario. After reviewing a complaint, the Municipal Integrity Commissioner may recommend declaring the Municipal Official's seat vacant if they believe all the following are met:

1. The Municipal Official contravened the code of conduct.
2. The contravention is serious (including repeated breaches).
3. The conduct caused harm to the health, safety or well‑being of any person. (Note: "any person" extends responsibility beyond council or board colleagues.)
4. The penalties in subsection 223.4(5) of the Municipal Act, 2001 or subsection 160(5) of the City of Toronto Act, 2006, as applicable, are insufficient to address or deter the contravention.

Despite the criteria, there are certain limitations that may restrict their application, including that no recommendations can be made after the sixth anniversary of the contravention and certain election period restrictions.

2. Integrity Commissioner of Ontario inquiry and recommendation. The Integrity Commissioner of Ontario investigates whether all criteria set out in 1. above are met and may also consider whether the contravention undermines public confidence in:

1. the Municipal Official's ability to discharge their duties; and
2. the council's or board's ability to fulfill its role.

If not all criteria are met, the matter returns to the Municipal Integrity Commissioner for further consideration and the Municipal Integrity Commissioner will make a report to the council or the board with respect to whether penalties should be imposed, for determination by the council or board.

If the above criteria are met, the Integrity Commissioner of Ontario recommends that the municipality declare the seat vacant.

3. Council vote. Within 30 days of receiving a recommendation from the Integrity Commissioner of Ontario to declare the seat vacant, council must vote to approve the recommendation. Approval requires unanimous support of all members of council, with a few exceptions (those under inquiry, those under authorized or parental leaves, or those with a direct or pecuniary interest under the Municipal Conflict of Interest Act).

If the recommendation is approved by unanimous vote, the Municipal Official is removed, the seat is declared vacant and the Municipal Official is disqualified from public office for four years. If the recommendation is not approved by unanimous vote, the Municipal Official is not removed from office and no penalties are imposed.

Conclusion

To the extent Bill 9 proceeds and comes into force, the changes could bring a new framework and increased accountability for Municipal Officials in Ontario. Municipal Officials in Ontario should become familiar with these changes and with the new code of conduct once it is published and in force, to understand their responsibilities. Those who fail to meet the requirements of the code expose themselves to the risk of a reprimand or a suspension in pay of up to 90 days. In serious cases, they could be removed and disqualified from public office.

Footnote

1. Submission to the Standing Committee on Heritage, Infrastructure and Cultural Policy regarding Bill 9, Municipal Accountability Act, 2025 (Ombudsman of Ontario, August 2025)