What's stopping Ontario from passing a law to oust misbehaving councillors?

A private member's bill has been tabled in the Ontario Legislature that would allow municipalities to crack down on councillors who harass or abuse staff, but the demise of two previous efforts suggests it might not pass despite widespread consensus and government promises. 

The Municipal Accountability and Integrity Act would create a board of integrity commissioners to adjudicate claims of misconduct, set out a path for ousting predatory councillors and bar those who fail "egregiously" from running for a full election cycle.  

It's all based on what municipalities want, said NDP municipal affairs critic Jeff Burch.

• Ontario needs a law to punish councillors for violence and harassment, advocates say
• Ottawa MPP's bill to oust misbehaving councillors fails 2nd reading

When Burch spoke to reporters about his bill on Thursday morning, he mentioned the Green Party's support and the presence of his Liberal colleague, Orléans MPP Stephen Blais, who got two previous bills to a second reading. 

"This isn't about any particular political party," Burch said, noting that he's open to the Ford government making changes so long as it does something. "It doesn't have to be this bill in particular."

He and Ontario NDP leader Marit Stiles also questioned why the governing PCs did not present their own bill before the impending summer break, as originally promised. 

No further consultation needed, say MPPs

CBC requested an interview with Municipal Affairs Minister Paul Calandra, whose office instead provided a short written statement. Premier Doug Ford's office referred questions to Calandra. 

"Consultations with municipalities, the Provincial Integrity Commissioner and work with the office of the Attorney General to devise the best path forward are still ongoing," wrote Bianca Meta, Calandra's press secretary. 

It's a statement Stiles expected, and preemptively refuted. 

"The consensus is there. Municipalities themselves are demanding this," said Stiles. "There is enormous pressure on the government to do something. I can't answer for the government why they have failed to do that."

That consensus is something Emily McIntosh, founder of the non-partisan group Women of Ontario Say No, has been working to build for years. 

When Blais's second attempt at legislation reached its second reading, Women of Ontario Say No said 83 municipalities had pledged their support. That number has since surged past 200. 

"I don't want to pretend that there isn't really important conversation that needs to happen at the committee stage, but we have already done extensive consultation. This government has done its own consultation," she said. 

McIntosh, dressed for the event in a black T-shirt emblazoned with the words "accountability now," said Ford can find widespread support for action within his own ranks. 

Time to act is now, says advocate

The bill seems so "obvious" that McIntosh said some have questioned if it's even necessary and seem "scared" to act. 

But the experiences of the last Ottawa city council, which inspired Blais's efforts, show what the changes could do. 

Two integrity commissioner reports, sparked by CBC reporting, showed then councillor Rick Chiarelli committed incomprehensible harassment that was shocking and astounding. 

• Rick Chiarelli committed 'incomprehensible incidents of harassment' against staff, 2nd report finds
• Exclusive: 'I felt like an object': Women behind shocking Chiarelli report tell their stories

Yet the harshest penalty available to Chiarelli's council colleagues wasn't ousting him from his seat: it was a 90-day suspension of pay. 

While incidents of harassment continue to crop up, McIntosh said many more women have opted to leave public service rather than speak up. 

"People are not coming forward to the integrity commissioner because they know no matter how egregious, investigated, substantiated, that person retains their position of power and they have to go back and work with them every day," she said. 

"That is not how we would handle workplace violence and harassment in any other scenario."

The new bill, which passed first reading on Wednesday, also includes rules on mandatory training, protection for whistleblowers, maximum timelines for investigations and a mechanism to address "frivolous or vexatious" claims.