Ottawa MPP's bill to oust misbehaving councillors fails 2nd reading

A private members' bill put forth by an Ottawa MPP that aims to oust city councillors who don't comply with workplace violence and harassment policies has failed to pass second reading in the Ontario legislature

The Stopping Harassment and Abuse by Local Leaders Act, or Bill 5, had a second reading on Tuesday. 

During the proceeding MPPs shouted yea or nay, and the Speaker said the nays appeared to be in the majority.

A more formal recorded vote was held Wednesday morning, where the bill was officially defeated 72-34.

A similar bill was first introduced by Orléans Liberal MPP Stephen Blais and passed second reading at Queen's Park in March of last year. But the Ford government did not push it through to a third reading before the last provincial election. 

At Bill 5's second reading on Tuesday, Blais said the bill was necessary to hold local leaders accountable by having "severe professional consequences" like termination.  

But Charmaine Williams, the Progressive Conservative MPP for Brampton Centre and associate minister of women's social and economic opportunity, said she was "concerned" about possible consequences if the bill were to move forward. 

"This bill wants to make integrity commissioners more powerful than an appointed judge. If you're accused of something illegal, you go to trial, but this bill wants to replace that," she said. 

Williams said councillors who are accused of harassment or abuse go through the judicial process, and are innocent until proven guilty. 

"Ultimately, elected members of council must face the consequences of their actions and decisions at the ballot box," she said. 

Blais said the bill would not give the integrity commissioner or city council the power to remove someone from office, and instead, creates a judicial process. 

He expressed his disappointment in a statement Wednesday after the bill's defeat, calling it a "non-partisan issue" and claiming Bill 5 had the support of more than 150 municipalities across Ontario.

Bill spurred by incidents on Ottawa city council 

Bill 5 proposed that the integrity commissioner would investigate any councillor facing allegations. If the commissioner ruled the infringement was serious enough to warrant a removal from office, a judicial review would take place. The bill would also have applied to members of local boards. 

Under current rules, councillors can only lose their seats for breaking election spending rules and certain conflict of interest policies, with the most severe penalty being suspension of pay.

Former Ottawa city councillor Rick Chiarelli was docked pay for 15 months after two integrity commissioner reports found that he harassed former staff members and job applicants for years and abused his power of office. A third report led council to dock Chiarelli an additional 90 days. CBC was first to report the allegations.

Blais, who served on Ottawa city council from 2010 to 2020, said that incident inspired him to pen Bill 5. 

Last Wednesday, Ottawa councillors unanimously approved a motion calling on mayor Mark Sutcliffe to write to Ontario Premier Doug Ford and express support for the bill.

Sutcliffe said he supports the bill because it is reasonable and appropriate.