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: as they were volunteers with him.
as he has a socially significant relationship with the applicant and vacated the meeting room during the discussion.
My husband is the President and CEO of the Hamilton Community Foundation (HCF). HCF is a contributing funder to the charity which is the Hamilton Community Benefits Network. There is no pecuniary interest. Only non-disqualifying
I, member Brad Clark declare a disqualifying pecuniary interest with respect to:
Ontario Land Tribunal (OLT) Appeals for 41-61 Wilson Street and
97, 99 and 117 John Street North; and 474 Provident Way; and 16 Cannon Street East (LS23016/PED23102)
The principle planner of Urban Solution has a retail business interest with my son
My wife is Chair of the Hamilton-Wentworth District School Board.
as my husband is the President and CEO of the Hamilton Community Foundation
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.