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Jon Christensen
Guelph Council Record

City Council · March 31, 2026 · Item 7.1

2025 Annual Report of the Integrity Commissioner, dated February 24, 2026, be received.

Main motion under the agenda item 2025 Annual Report of the Integrity Commissioner

Carried (13 to 0)

13 in favour, 0 against — unanimous

What was voted on

The motion in its exact words, as recorded in the minutes.

That the 2025 Annual Report of the Integrity Commissioner, dated February 24, 2026, be received.

Moved by Councillor Goller, seconded by Councillor Caron.

How the room voted

In favour (13)

  • Allt
  • Billings
  • Busuttil
  • Caron
  • Caton
  • Chew
  • Downer
  • Gibson
  • Goller
  • Guthrie
  • Hauser
  • Klassen
  • Richardson

Who spoke to it

John Mascarin, Integrity Commissioner, presented on the 2025 Annual Report of the Integrity Commissioner.

What council was given

The staff reports and correspondence attached to this item.

What was said

2,041 words from the meeting recording, transcribed automatically. Times are from the start of the recording.

Read the debate(click to open)

1:02:49This is our fifth report, the annual report that we've provided to you. I must say it has been our

1:02:58pleasure and our privilege and our supreme honor to be of service to the municipality

1:03:04already for five years. Every year I come and do an annual report for you. This year is no different.

1:03:12The annual report encompasses a summary of our activities over the calendar year from January

1:03:201 to December 31, 2025. By the way, on September of last year, we were reappointed again to be your

1:03:31integrity commissioner for three successive potential one-year periods. I will mention this

1:03:37again just before I end the presentation because of course Bill 9 is awaiting third reading at the

1:03:45province and that may have some implications on whom your future integrity commissioner could be.

1:03:52As you know, the municipality adopted a code of conduct. It was significantly revised when the

1:03:59Bill 68 amendments were made in 2017 to come into force on 2018. We've had some involvement in that

1:04:11and I'll speak about that in a moment. Unlike many of the other municipalities that my firm looks after

1:04:17as an accountability officer, as integrity commissioner, we have seen an actual decline

1:04:24in the amount of complaints and the amount of requests for services that we received over the

1:04:31last year. Most other municipalities have shown, I guess in anticipation of this year being an

1:04:39election year, a marked increase in the number of complaints, applications, and involvement of the

1:04:47public, whether they're contacting us for requests or information and the like. Concurrent with that,

1:04:57we've also typically received a lot more requests for information and the last year actually showed

1:05:04a marked decrease. You'll see on the front page, we only received one formal code of conduct complaint

1:05:11last year, which is down from four from the year before and I think down significantly, I think

1:05:17we had seven or eight in 2023. We did not receive any at all applications under the municipal conflict

1:05:27of interest act. So the only complaint that we actually dealt with was a complaint regarding

1:05:35an issue that a resident had that a member acted disrespectfully through social media.

1:05:43We did not find a contravention in this instance. We did not fully report because we didn't believe

1:05:51that a full investigation was required, but we want to take this opportunity to

1:05:57ask members if you're at all concerned and you're using social media, please refer to the city's

1:06:05social media guidelines for elected officials. Please be cautious when you use social media.

1:06:12It's worldwide, it's instantaneous, and you can't recall it, so be very, very careful what you put

1:06:21out there. And you can always, of course, seek the advice of the integrity commissioner.

1:06:27With respect to that, this is a good segue, you'll see on page two, we talk about our advice

1:06:33giving function, something that is unheralded in the municipal accountability regime. You always

1:06:38hear about investigations and complaints and applications. You rarely hear about the advice.

1:06:45Members of council and members of local boards reached out to us on eight separate occasions.

1:06:53Four different members of council asked this for advice, and two members of local boards asked

1:07:00this for advice. And the advice ran the gamut on conflicts of interest, whether they were under

1:07:06the municipal conflict of interest act, whether they were in common law or under your code.

1:07:11Some matters dealing with gifts and benefits and proper conduct on behalf of council members.

1:07:19I do want to highlight one paragraph, it's the third paragraph, which has received some media

1:07:25attention. I've written in the report, we would like to highlight a growing concern. We have

1:07:32received various requests from members asking how to respond to harassment, and this is harassment

1:07:39from the public. It is no secret that we live in a volatile state these days. There's polarized

1:07:48divisions. There's a great amount of vitriol and toxicity in almost everything that we have to face

1:07:57day to day, and members of council are not immune to it. Members of the administration are not

1:08:03immune to it. So we've received a number of requests this year that asked, how do I deal with

1:08:12someone doing this? And this has been a more recent phenomenon that we've noticed. Our view has always

1:08:21been, and interestingly enough, there's a recent report from Toronto's integrity commissioner

1:08:27on very much council member being harassed and gives pretty much the exact same advice.

1:08:35We indicate that it's best to seek to not engage and to attempt to de-escalate the matter if you can.

1:08:47Attempt to withdraw if you're in a public place or you're in a public setting,

1:08:52and attempt to do so on a safe basis. If you must get involved, please, please be careful

1:08:59on how you do so. Remember you're probably held to a higher standard. That certainly was the case

1:09:05in the recent City of Toronto report that received some notoriety. And just be very careful about

1:09:13how you interact with members of the public who may not be polite, who may be provoking you,

1:09:19who may be accosting you, who may be trailing and following you around and seeking to get that

1:09:25gotcha moment. Always take the higher ground and attempt to withdraw with grace, with some dignity,

1:09:33and at all times with some civility. I remind members that requests under the Code of Conduct

1:09:42should be done in writing. That's what's required under the Municipal Act. I certainly have no issue

1:09:49speaking to any member, but the initial request, in order to set out the ground rules and what the

1:09:56background facts are, and to give me an opportunity to understand what the situation is,

1:10:01should definitely be in writing. This year we also did some amendments to the Code of Conduct.

1:10:10My partner, Laura Dean, primarily, did those and she reported back to the Governance Review Committee

1:10:19in March of this year, and Council accepted a number of proposed changes to the Code of Conduct

1:10:29regarding prohibitions on political endorsements, the promotion of third-party interests,

1:10:34and the use of titles in social media during election campaigns. Those were adopted on May 27,

1:10:432025. Our advice and recommendations with respect to changes to the Code of Conduct were

1:10:51rather minimal and scoped. We did what Council was seeking for us to do. Certainly, I've always

1:10:59believed that there could be some updating and perhaps some, for lack of a better word, improvements

1:11:05made to your Code, but we've held off because Bill 9 is now at the province, the Municipal

1:11:14Accountability Act, and you'll see that I've made reference, at some extent, on page 3. It follows

1:11:23the failed Bill 241, which died on the order paper when the provincial government called an

1:11:29election. Bill 9 essentially proposes the same authorities that were put in there. The province

1:11:37has put forward that it's to strengthen municipal accountability. If you probably google my name,

1:11:45you'll see that I have taken issue with that. I do not believe, in my heart, in my mind,

1:11:53that the province actually is doing that. I find that the legislation is not well put together

1:12:01and proposes a removal of members, which I have set on record, and I'll say it tonight,

1:12:09that I don't believe will actually happen. It sets up a two-person investigative process,

1:12:18one by the local integrity commissioner being Ayrton Burlis, the second being the provincial

1:12:24integrity commissioner, which I just don't get the involvement of the provincial integrity

1:12:29commissioner, who can only make recommendations on very serious, egregious breaches of the Code

1:12:36that bring harm and or injury to a person or persons. And then, if that comes before council,

1:12:45council must vote unanimously to remove a member. And this, the province says, is a strengthening

1:12:51of municipal accountability. I believe that the province missed the mark. I spoke in front of

1:12:58the standing committee on the Bill 9 hearings. I think they were largely, the committee was

1:13:05largely deaf to what I was saying, because I'm deaf too, I think what a lot of people were saying

1:13:12about that. So, it is currently in front of the provincial legislature for third reading.

1:13:20You may have seen some recent media attention about this, indicating that potentially the

1:13:26bill may be stalled, because the province can't seem to make up its mind on what to do. And what

1:13:32to do is other things that are in the bill proposed. One is to give, to make mandatory training

1:13:41and some sort of certification requirements for integrity commissioners that looks like it's going

1:13:48to be done by the provincial integrity commissioner. Mandatory training for members of council

1:13:55and local boards. You've had training and we are recommending it again after the election,

1:14:04perhaps in the first quarter of 2027. And a uniform province wide provincial code of conduct

1:14:13for members of council and local boards. And a uniform investigative process, which could,

1:14:20in some instances, actually raise the standard of what's in place in some municipalities. But I

1:14:27fear that in some other municipalities, potentially the city of wealth, that's done a very good job

1:14:31with its code of conduct, potentially lower the common denominator for good standing. So,

1:14:39I'm a little worried about this. And I was hoping that it was going to come out sometime before

1:14:48nomination start on May the 1st of this year, so that anyone who runs for office will know what

1:14:54the game rules are, starting with the new term of council after November the 15th. And yet we

1:15:04still have had nothing from the province. And if you've been following along, it has stalled several

1:15:09times. Former minister Kalandra twice said indicated it was coming forward and never did. Minister

1:15:16Flack has indicated it's still coming forward. And yet it still hasn't. So, it might have a very

1:15:24real determination on what your code of conduct will look like next year and potentially who your

1:15:31integrity commissioner may be. We don't know what sort of rigor the province will put to persons like

1:15:38infirms like ours who do this work. I hope we can still continue to do the work. I enjoy doing it.

1:15:45My partners and colleagues at the firm enjoy doing it. And we certainly have appreciated and are

1:15:52very thankful for the support of the elected representatives of the city of Guelph. But also,

1:16:00I want to put a special thank you to your clerks department who does an amazing job and who give

1:16:06us an incredible amount of support. So, with that, Mr. Mayor, members of council, I'd like to commend

1:16:13you again for your high ethical standing over the years that I've been looking after, my firm's been

1:16:20looking after you. And again, this year, I'll go back to what I think I said the first year,

1:16:27an A plus clean bill of health for the city of Guelph. Thank you, Mr. Mayor, members of council.

1:16:33That is my formal presentation, but I'm also happy to take any questions that you may have.

1:16:39Well, thanks, John. We really do appreciate you walking us through that. Thank you so much. Is

1:16:44there any follow up question at this time from any members of council or does the presentation

1:16:48and reports sort of speak for itself? Okay, councillor, okay. Let me just say goodbye to our

1:16:56guests then. John, there is no questions. And so, again, thank you very much. And I say this every

1:17:02year. We hope we don't hear from you, see you, talk to you, email, nothing, all of us at all until

1:17:08the next year. Okay. Very good. Thank you again, Mr. Mayor, for the opportunity to be here this

1:17:13evening. Good night. All right. Take care. Bye-bye. Okay, councillor Goller, you're willing to move

1:17:19the recommendation to receive. Thank you. Someone willing to, Karan, thank you, is willing to second.

1:17:25Is there anything further before I call the vote then on receiving? Don't hear or see anybody.

1:17:29I'll call the vote. Is anyone against receiving that presentation? Okay. Let's see. Anonymous.

1:17:35Thank you so much. And next up is Suzanne Craig, who's our lobbyist register. And Suzanne,

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