Conflicts of Interest | Council & Committee Members

Frequently Asked Questions

• How does a member determine if they have a direct, indirect or deemed pecuniary interest as defined under the MCIA?

  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 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 (1), has a controlling interest in or is a director or senior officer of, a corporation (2), 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.

• If a member has a pecuniary interest, are there any exceptions from the requirement to declare a personal 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 Barrie;
  • is a director or senior officer of a corporation incorporated for the purpose of carrying on business for the City of Barrie;
  • 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.

• What must a member do if she/he/they identify a personal pecuniary interest?

  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: 

  1. Verbally disclose the pecuniary interest prior to the matter being considered at the meeting;
  2. Not take part in the discussion of, or vote on any question in respect of the matter; and
  3. Not in any way attempt before, during or after the meeting to influence the voting on any question;
  4. 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.