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The behaviour of municipal
politicians is subject to certain
statutory and common law principles. One
such example is breach of trust under
the criminal code.
Municipal politicians as well as federal
and provincial office holders are
subject to section 122 of the criminal
code for committing fraud or breach of
trust in connection with the duties of
his or her elected office. A breach of
trust is any act, or neglect to act
contrary to the duty imposed by statute,
regulation, employment, contract of
official directive where the politician
benefits personally, whether directly or
indirectly. In other words, the
politician performs official duties but
in return for consideration, benefits or
rewards. Such breach is punishable by up
to five years in prison.
The behaviour of municipal
politicians is subject to certain
statutory and common law principles.
Municipal corruption is covered under
section 123 of the criminal code.
Any person who gives, offers or agrees
to give or offer a municipal official, a
loan, reward, advantage or benefit, in
order to induce the official to abstain
from voting, or to vote in favor of or
against a motion or resolution, may find
themselves spending up to five years in
prison. Both the municipal official if
he or she accepts and the person making
the offer or gift would be guilty of the
offence. Attempting to influence a
municipal official by suppressing the
truth or by threat or deceit is also an
offence. The purpose of such offences is
of course to protect the public against
the misuse of an elected office or
official position, and to protect the
politician against illicit or improper
approaches by the public.
The behaviour of municipal politicians
is subject to certain statutory and
common law principles. Selling or
purchasing office is covered by section
124 of the criminal code.
If a person sells or agrees to sell an
appointment to or a resignation from a
public office, they could face a penalty
of up to five years in prison.
Consenting to any such appointment or
resignation, or receiving or agreeing to
receive a reward or profit from the
purported sale of an office will be
similarly punished. Section 125 of the
criminal code goes on to prohibit
receiving, directly or indirectly, any
reward, advantage or benefit for
cooperating, assisting or exercising
influence to secure the appointment of
any person to a public office. The
criminal code provisions are designed to
set a high level of public morality for
those who give out public appointments
and for those who are seeking them.
The behaviour of municipal politicians
is subject to certain statutory and
common law principles. The municipal
conflict of interest act requires
disclosure of pecuniary interests by
local politicians.
A municipal politician must disclose
pecuniary interests and refrain from
discussions and voting on the matter
under consideration. In fact the
politician must not attempt to influence
the voting. Where a reeve declared a
conflict, left his seat, but shouted at
the remaining councilors from the public
gallery, he was found to have
contravened the act by shouting and
trying to influence the vote. The
penalties for failing to comply include
being ordered to vacate the seat held
and disqualification from public office
for up to seven years, as well as
restitution to a third party of any
personal financial gain. A judge may
also order the payment of court costs.
The municipal conflict of interest
act requires disclosure of direct or
indirect pecuniary interests by members
of elected councils and appointed
boards.
The purpose of the municipal conflict of
interest act is to prevent a local
politician or appointee to a board from
personally profiting from his or her
decision making. Conflicts of interest
are allowable behaviour if the person
discloses any direct or indirect
pecuniary interest in any agenda item,
and then refrains from discussion and
voting. If a member is absent from a
meeting on the first opportunity back,
the member must disclose the pecuniary
interest. If the meeting is in camera or
closed to the public, then the member
must both disclose and leave the room
where the matter is being discussed.
Direct or indirect pecuniary interests
of a parent, spouse and child are deemed
to be the pecuniary interest of the
member.
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