Public debate over Bill 9, the Municipal Accountability Act, happens in Niagara amid local controversy

On Friday, July 4, a provincial standing committee will hold a public meeting in Niagara Falls to gather input on proposed reforms aimed at strengthening oversight of municipal elected officials. 

Originally introduced as Bill 241 but not passed before the last election, the legislation has been reintroduced in the current session as Bill 9. If passed, it would mandate a standardized code of conduct for municipal officials and create a consistent process for integrity commissioner investigations across Ontario.

Under the current system each municipality is responsible for creating its own code of conduct and enforcement protocols. While the Municipal Act outlines general areas these codes should address, it leaves the specifics up to local councils. This has resulted in a patchwork of policies and procedures that often leave residents confused and frustrated in their efforts to seek accountability.

Niagara Falls stands out as a clear example of the problems with the current system of accountability: charging a $500 fee to file a complaint against a council member for the City’s integrity commissioner to investigate; limiting eligibility to city residents; failing to publish all investigation reports despite clear rules in the Municipal Act that require full transparency to the public; and poor understanding of the role council plays in upholding its own Code of Conduct. As reported by the Pointer, despite repeated warnings from the Ontario Ombudsman, who argues that complaint fees deter legitimate concerns and place an undue burden on those seeking to exercise their rights, Mayor Jim Diodati and other Niagara Falls officials have ignored best practices to ensure accountability of elected municipal politicians.

Concerns were recently raised when three women were arrested on June 17 at a Niagara Falls council meeting while sitting silently in the chamber. They were there supporting Women of Ontario Say No (WOSN), a non-partisan group advocating for stronger accountability measures in municipal government, with a particular focus on addressing harassment and violence. Although City staff acknowledged that such delegations are usually allowed, the women were barred from speaking because the topic “possibly relates to ongoing legal proceedings”, a reference to the ongoing assault case against Councillor Mike Strange, who was arrested on May 3 after police found an injured woman at his home. He was charged with assault related to alleged intimate partner violence. He has told media that he denies the allegation.

Police removed and arrested three women from a recent Niagara Falls Council meeting, for displaying signs.

(Ed Smith/The Pointer)

Six women attended the council meeting on June 17 to peacefully demonstrate against a previous refusal to allow a delegation to address bill 9. The Mayor was visibly irritated by the small signs they held on their laps and initiated actions that ultimately led to three of the women being arrested and escorted off City property by police. If the women want to file a formal complaint against the Mayor for his actions that day the City’s code of conduct would bar at least two of them from doing so due to their residency in neighbouring St. Catharines. Even eligible complainants must pay the $500 filing fee before a complaint is even considered. In Niagara Falls, the barriers to accessing the legislated accountability system are high, as acknowledged by Ontario’s Ombudsman.

Critics have described Niagara Falls as a jurisdiction marked by overreach, tightly controlled council processes and limited access to transparent, fair recourse for the public. While the Ombudsman can issue reports and recommendations, municipalities are under no obligation to follow them. Niagara Falls, critics say, has repeatedly chosen not to.

Across the Niagara Region, municipalities have adopted varying approaches to accountability. Some use graduated fee structures based on the number of complaints filed; others charge no fee at all, aligning more closely with the Ombudsman’s recommendations. Notably, none of the other 11 municipalities in the region enforce a residency requirement to file a complaint.

Bill 9 could be the catalyst that finally compels change in municipalities. It could close glaring gaps in the current municipal accountability framework: there are no qualification or training requirements for those appointed as Integrity Commissioners; these individuals are hired—and can be fired—by the same council members they are meant to oversee; the Ombudsman has highlighted inconsistent application of the Municipal Act; and some municipal codes of conduct do not follow the rules of others, including those that have been recommended by provincial officials. These gaps have led to inconsistent and sometimes deeply controversial decisions, further eroding public trust in the municipal accountability system. 

The Pointer will soon publish an in-depth report examining these inconsistencies.

Among the key provisions of the proposed bill 9, which is currently being presented to the public for input, is the authority of the Lieutenant Governor in Council to establish a province-wide code of conduct. The proposal also mandates that the provincial integrity commissioner provide training and education to local ICs—though it does not appear to address the potential conflict of interest inherent in commissioners investigating the very officials who appoint them.

Another notable change is the introduction of a process allowing a local IC to recommend that a council member’s seat be declared vacant. The provincial commissioner would then review the recommendation, either through an investigation or a fact review, and could choose to refer the matter back to the municipality or require council to hold a vote on the member’s removal.

Emily McIntosh founded Women of Ontario Say No, which aims to hold municipal officials accountable when charged with assault.

(WOSN)

However, many, including Women of Ontario Say No, believe the proposed bill doesn't go far enough. Founder Emily McIntosh points out that even if both local and provincial Integrity Commissioners agree that a councillor should be removed, the final decision still rests with a council vote. “One person’s ally at the council table can block accountability entirely,” she says.

WOSN is advocating for the removal of the final council vote altogether. Instead, the group proposes a panel of Integrity Commissioners operating under the provincial Ombudsman’s mandate to make the final decision. This would eliminate the risk of local political interference and shift the process toward a more balanced, transparent structure. It would also reduce the concentration of authority in a single provincial official and introduce collective oversight.

“At the very least,” says McIntosh, “the requirement for a unanimous council vote is unworkable. A two-thirds majority would be a more reasonable safeguard, in line with other democratic standards.”

She stresses that, “What WOSN wants is what everyone deserves- workplaces that are safe for everyone. You don't get that when some people are held to lower standards than any other working Ontarian. We want to bring the accountability measures up to par with the rest of those who work in this province.”

The organization has launched an online fundraising effort to defend itself and the members that were arrested at that meeting on June 17. While the group has secured the support of the Canadian Constitution Foundation, along with legal representation that shields members from exorbitant lawyer fees, they remain responsible for additional court-related expenses associated with the case. 

The provincial standing committee will meet in Niagara Falls on Friday, July 4; 10:00 a.m. at the DoubleTree Fallsview Resort. Those unable to attend in person can still submit written comments on the bill until 6:00 p.m. on Monday, August 11, using this link: https://www.ola.org/en/apply-committees.

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