Conflict of Interest Registry
In carrying out their duties as Elected and Appointed Officials, all members of Council, Committees and Local Boards are required to disclose a pecuniary interest in any matter under consideration where there is a reasonable likelihood or expectation of financial gain or loss by the member or a related person as identified in the Municipal Conflict of Interest Act (MCIA).
- Members may seek out advice from the Integrity Commissioner to assist in making decisions regarding whether they should disclose a personal pecuniary interest.
- Members may also consider obtaining independent legal advice to assist them in making their personal decisions.
When a member discloses an interest, they file a Declaration Form containing a written statement of the interest and its general nature with the clerk of the municipality or the secretary of the committee or local board.
The MCIA requires municipalities to maintain a registry of all declarations made under the Act. The registry must include the original written declaration provided by the member of Council and must be available to the public.
A registry of written disclosures of interest as of January 1, 2019:
For the following reason(s) I am not prevented from making an impartial decision on the matter: The Recreation budget being presented which includes ice pads, as i sit on multiple minor hockey boards
I, member Brad Clark declare a potential disqualifying pecuniary interest with respect to:
Applications for Official Plan Amendment and Zoning By-law Amendment for Lands Located at 3250 and 3260 Homestead Drive (PED23002) (Ward 11) (Item 10.1
on the Council / Committee agenda dated January 25 2023 For the following reason(s) (state the general nature of the pecuniary interest):
The principle planner of Urban Solution has a retail business interest with my son
The principle planner of Urban Solutions, who is believed to be representing some landowners in this appeal, has a retail business interest with my son.
I currently have a vacant rental unit.
City funding for work on HWDSB property.
My business partner Ryan Moran, is one of the new Downtown BIA board members of which he'll be on the Board as a volunteer board member and will not be receiving any money for this role.
Frequently Asked Questions
A pecuniary interest can be direct, indirect, or deemed.
A “pecuniary interest” is not defined in the Municipal Conflict of Interest Act but is generally considered a personal financial/monetary interest (whether positive or negative) in a matter that is subject of consideration at a meeting.
A “meeting” includes any regular, special, committee or other meeting (including General Issues Committee).
The MCIA identifies a person with an “indirect pecuniary interest” if the member:
- is a shareholder in, or a director or senior officer of, a corporation , has a controlling interest in or is a director or senior officer of, a corporation , and is a member of a body, that has a pecuniary interest in the matter; or
- is a partner of a person or is in the employment of a person or body that has a pecuniary interest in the matter.
In addition, a Member may be “deemed” to have a pecuniary interest if the parent, spouse, or child of the Member, if known to the Member, has a pecuniary interest.
A member who has a personal pecuniary interest may be exempt from the requirement to declare such interest if the member, for example:
- is eligible for election or appointment to fill a vacancy, office or position on a committee or local board of the City of Hamilton;
- is a director or senior officer of a corporation incorporated for the purpose of carrying on business for the City of Hamilton;
- may be entitled to an allowance for attendance at meetings, or any other allowance, honorarium, remuneration, salary or benefit;
- has a pecuniary interest which is an interest in common with electors generally; or
- has an interest which is so remote or insignificant in its nature that it cannot reasonably be regarded as likely to influence the Member.
Section 4 of the Municipal Conflict of Interest Act has a full list of exceptions.
Where a member has identified a direct, indirect or deemed personal pecuniary interest that comes before a meeting of Council or Local Board, the member who is present at the meeting is required to:
- Verbally disclose the pecuniary interest prior to the matter being considered at the meeting;
- Not take part in the discussion of, or vote on any question in respect of the matter; and
- Not in any way attempt before, during or after the meeting to influence the voting on any question;
- If the meeting is closed under section 239 of the Municipal Act, leave the meeting.
If the member is absent from the meeting, the member must take the above steps 1 to 3 at the first meeting attended by the member after the meeting referred to above.