A A A

4th Session, 41st Legislature

This HTML version is provided for ease of use and is based on the bilingual version that was distributed in the Legislature after First Reading.

Bill 2

THE MUNICIPAL AMENDMENT ACT (STRENGTHENING CODES OF CONDUCT FOR COUNCIL MEMBERS)


  Bilingual version (PDF) Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. M225 amended

1           The Municipal Act is amended by this Act.

2(1)        Subsection 84.1(1) is amended by adding "by by-law" after "must".

2(2)        The following is added after subsection 84.1(2):

Provisions of code

84.1(2.1)   A by-law establishing a code of conduct must, without limitation,

(a) establish the process for dealing with contraventions, including the procedures for receiving reports of contraventions;

(b) set out the sanctions that may be imposed on a member or the remedial measures that a member may be required to take if they are found to have contravened the code; and

(c) comply with the requirements of a regulation made under subsection (7).

2(3)        Subsection 84.1(3) is repealed.

2(4)        Subsection 84.1(4) is replaced with the following:

Approval of resolution to sanction

84.1(4)     To be approved, the number of members who must affirm a resolution to sanction a member is the majority of all members of council, plus one.

Sanctioned member not considered absent

84.1(5)     If a sanction imposed on a member results in the member being absent from a regular council meeting, the absence is considered to be with leave of the council for the purpose of clause 94(1)(a).

Limitations

84.1(6)     A by-law or regulation under this section cannot provide that a member who contravenes a code of conduct is disqualified from council or is guilty of an offence.

Regulations concerning codes of conduct

84.1(7)     The minister may make regulations

(a) respecting matters that must be addressed and procedures that must be provided for in a code of conduct;

(b) respecting processes to be followed in implementing a code of conduct or any of the procedures required to be provided for in such a code;

(c) respecting sanctions and remedial measures that may be imposed or required to be taken in respect of a breach of a code of conduct;

(d) respecting appeals by members who are sanctioned under a code of conduct, including providing for the designation of a person or body to hear an appeal;

(e) respecting the form and manner in which an appeal must be made, the time within which an appeal must be made, and the consequences of not making an appeal in accordance with the regulations;

(f) respecting responsibility for the costs associated with an appeal;

(g) prescribing standards for updating codes of conduct and ensuring codes are made available to the public;

(h) respecting any other matter that the minister considers necessary or advisable to carry out the intent of this section.

3           The following is added after section 84.1:

Municipality to arrange code of conduct training

84.2(1)     Within the first six months after a member is elected or re-elected,

(a) a municipality must arrange for training to be provided to the member on the code of conduct for members of council; and

(b) the member must undergo the training arranged by the municipality.

Initial training for members in office

84.2(2)     Within the first six months after this section comes into force, a municipality must arrange for initial training on the municipality's code of conduct to be provided to each member of council, and every member must undergo the training.

Content of training

84.2(3)     The training provided under this section must consist of the training course on member conduct specified by the minister, and any additional training specified by the municipality.

C.A.O. to report when training is not completed

84.2(4)     The chief administrative officer must report to council if a member fails to undergo the training made available to them.

Failure to comply

84.2(5)     A member who fails to undergo the code of conduct training made available to them within the required time may not carry out a power, duty or function as a member until they have completed the training.

Coming into force

4           This Act comes into force 180 days after it receives royal assent.

Explanatory Note

This Bill amends The Municipal Act to require that a code of conduct for members of council be adopted by by-law.

The code must set out procedures for receiving and dealing with reports of contraventions, along with the sanctions and remedial measures that apply if there is a contravention.

The minister may make regulations establishing minimum standards for codes of conduct and governing possible appeals when sanctions are imposed.

Members must undergo training specified by the minister and any additional training arranged by the municipality.