Ontario Ombudsman

The Office of the Ombudsman of Ontario was established in 1975, under the Ombudsman Act. The Ombudsman is an impartial officer of the Ontario Legislature, independent of the government and all political parties, who is appointed by an all-party committee of the Legislative Assembly every five years. The Act designates the Ombudsman as the default investigator for municipalities.

The Ombudsman is an independent officer of the Legislature who investigates complaints from the public about Ontario public sector bodies within their jurisdiction, recommending improvements for governance and resolving individual issues.

The City of Cambridge uses the services of the Provincial Ombudsman. This ombudsman can look into a municipality's:

  • Decisions;
  • Recommendations;
  • Omitted acts

On December 11, 2014, the Ontario Legislature gave Royal Assent to Bill 8, the Public Sector and MPP Accountability and Transparency Act, 2014. This Bill lets the Provincial Ombudsman help Ontario municipalities.

The Bill doesn’t stop municipalities from choosing their own Ombudsman. However, the Provincial Ombudsman is the default Municipal Ombudsman for municipalities that don’t choose their own ombudsman.

If you have a complaint:

  • We encourage you to reach out to the City of Cambridge to try to resolve your complaint.
  • If you wish to connect with the Provincial Ombudsman you may contact them at the below website or phone number.
  • You may be asked to provide information about the issue and the steps you've taken to address the problem

Contact the Ontario Ombudsman
https://www.ombudsman.on.ca/contact-us
1-800-263-1830

Role of the Integrity Commissioner

The Integrity Commissioner is an independent and impartial position that reports directly to City Council and whose powers and duties are set out in the Municipal Act, 2001.

Responsibilities of the Integrity Commissioner:

  • Investigate complaints and alleged breaches of the Code of Conduct for Members of Council.
  • Review the Code of Conduct for Members of Council and make recommendations on an annual basis.
  • Serve as an advisor to individual Members of Council in relation to the Code of Conduct and any procedures, rules and policies of the municipality governing ethical behaviour, and act as a proactive educator for Council, the Civic Administration and the public.
  • Provide reports to Council, summarizing their activities.
  • Provide individual investigative reports, as required, which will include background concerning a complaint and recommendations to Municipal Council with respect to a complaint.

The City of Cambridge has appointed Aird & Berlis LLP as the Integrity Commissioner.  Aird & Berlis LLP are widely regarded as a leader in municipal, planning and local government law and have been appointed as accountability officers (including Closed Meeting Investigator and Municipal Ombudsman) in a large number of municipalities across Ontario.  The Office of the Integrity Commissioner is led by John Mascarin and currently has a team of five lawyers. 

Complaints Against Council Code of Conduct 

Should members of the public, City staff, members of Council or Council as a whole find a breach of the Council Code of Conduct, the Integrity Commissioner is an independent body appointed to review any complaints against the Council Code.

To request a review of a potential breach, the Request for Inquiry form must be completed and returned to the City Clerk who forwards the information onto the Integrity Commissioner. Forms can be completed by email or dropped off at Cambridge City Hall. Contact clerks@cambridge.ca to receive a request for inquiry form.

 

Review Process

The Council Code of Conduct contains an Informal Resolution Process and a Formal Resolution Process. The complainant has the option to utilize the Informal Resolution Process to address the matter directly with the Member. This process is overseen through a designate of the Office of the Integrity Commissioner. Should the matter remain unresolved, it proceeds to the Formal Resolution Process which is overseen by the Integrity Commissioner. A detailed explanation of how matters are resolved is as follows:

The Office of the Integrity Commissioner encourages individuals to use the informal complaint process prior to the formal Inquiry stage as the first means of resolving an issue related to violations of the City's Code of Conduct. With the consent of the complainant and the Member, a designate within the Office of the Integrity Commissioner may participate in an informal resolution as conciliator of issues relating to the complaint.

The informal complaint process includes:

  • Advising the Member that the behaviour or activity appears to conflict with the Code of Conduct
  • Encouraging the Member to acknowledge and agree to stop the behaviour or activity in question and to avoid future occurrences of the behaviour or activity
  • Documenting the incidents including dates, times, locations, other persons present, and any other relevant information
  • Requesting the designate within the Office of the Integrity Commissioner assist in an informal discussion of the alleged complaint with the Member in an attempt to resolve the issue
  • If applicable, confirming to the Member your satisfaction with their response; or, if applicable, advising the Member of your dissatisfaction with their response
  • Considering the need to submit a formal complaint or pursue any other applicable judicial or quasi-judicial process or complaint procedure

If a resolution cannot be met through the informal complaint process, the matter proceeds to the Office of the Integrity Commissioner. At this stage, the Integrity Commissioner manages the Inquiry directly. This may involve interviews with the individuals and enhanced collection of information pertaining to a matter which would result in a report to Council.

Office of the Integrity Commissioner
c/o John Mascarin
Aird & Berlis LLP
Brookfield Place, 181 Bay Street, Suite 1800
Toronto, Ontario   M5J 2T9 
Tel: (416) 865-7721