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Accountability & Transparency

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In 2007, the City of Markham created an Accountability & Transparency Policy for City Council.

Auditor General & Integrity Commissioner help the City be accountable, transparent and ensure that residents are getting value from their programs and services.

Auditor General

On December 11, 2015, the City of Markham hired its Auditor General. The Auditor General reviews public spending and ensures that residents are getting value from their programs and services. The Auditor General reports directly to Council through the General Committee.

In December 2015, the City appointed a company called MNP LLP to a four-year Auditor General term. MNP is the fifth-largest business advisory and chartered accountancy firm in Canada. Geoff Rodrigues, a Partner with MNP, will be the new Auditor General for the City. Mr. Rodrigues brings over 15 years of experience to his new role and has led a wide range of audit and management consulting assignments. These include:

  • Compliance and value-for-money audits
  • Operational reviews and financial control audits for:
  • Federal governments.
  • Provincial and municipal governments.
  • The private sector.
  • Not-for-profit organizations

The Auditor General

  • Can access all records and documents.
  • Can speak to all staff, the mayor, and Members of Council.
  • Set the timing, subject, and details of audit work.
  • Get any help needed from staff.

Related Documents:

Integrity Commissioner

On June 26, 2013, Markham Council approved the appointment of ADR Chambers Inc. to provide Integrity Commissioner services for the City of Markham. The Integrity Commissioner helps the City be accountable and transparent to the residents of Markham. The Integrity Commissioner investigates complaints about the conduct of Members of Council. It also looks into whether there have been violations in the Code of Conduct. Right now, this is a part time position.

Mandate

Advisory

  • Provide written and oral advice on request of Council respecting the Code of Conduct governing the ethical behavior of Members.

Complaint Investigation

  • Assess and investigate complaints about a Council Member from another Member of Council, the public or staff.

Complaint Adjudication

  • Determine whether a member of Council has, in the Integrity Commissioner’s opinion, violated the Code of Conduct.
  • Make recommendations on appropriate penalties if applicable.

Educational

  • Provide to the City Clerk an annual report on findings of advice and complaint cases for the preceding year.
  • Provide outreach programs for Council and staff on legislation, protocols and office procedures emphasizing the importance of ethics for public confidence in municipal government and disseminating information to the public on the City’s website.
Duties
  • To conduct investigations into requests made by a member of the public, Council, or a Member of Council, into whether a Member of Council has contravened the Code of Conduct;
  • To determine whether a Member of Council has in fact contravened the Code of Conduct and report any violation with a recommendation for sanction, in accordance with the Municipal Act, in a report to Council;
  • Provide written and oral advice to individual Members of Council at their request regarding situations covered under the Code of Conduct and other policies and protocols governing the ethical behavior of Council;
  • To provide Council with specific and general opinions and advice on the City’s policies and protocols regulating the conduct of Members of Council and issues of compliance with those policies and protocols;
  • To publish an annual report on the work of the Integrity Commissioner throughout the year, including examples in general terms of advice rendered and complaints received and disposed of; and,
  • To provide general advice to Members of Council on issues of ethics and integrity including codes of conduct, policies, protocols and office procedures, and emphasizing the importance of ethics for public confidence in municipal government.
Council Code of Conduct 

View details about our Council Code of Conduct.

How to File a Complaint about Code of Conduct Contraventions

Complaints alleging contraventions of the Council Code of Conduct can be filed using the complaint form supplied by the City and all complaints must be accompanied by a signed affidavit. The complaint forms are to be submitted to the City Clerks office for review by ADR Chambers Inc.

How to File a Complaint About Contraventions of the Municipal Conflict of Interest Act

Complaints alleging contraventions of the Municipal Conflict of Interest Act (MCIA) can be filed using the complaint form supplied by the City and all complaints must be accompanied by a signed affidavit. The complaint forms are to be submitted to the City Clerks office for review by ADR Chambers Inc.

Complaint Protocol
Reports

The Integrity Commissioner will issue an annual report to Council to report on their activities throughout the year. The report may include information regarding requests for advice or educational sessions conducted for Members of Council. The report will also include a brief summary of any investigations the Integrity Commissioner has undertaken throughout the year.

If the Integrity Commissioner does undertake any investigations of possible violations of the Code of Conduct a detailed report will be provided to Council. The report will be made public following the conclusion of the investigation.

Complaint Number IC-35-1118

Complaint Number MIC-004-0023

Complaint Number MIC-001-1214

Complaint Number MIC-002-0115

Annual Report

Biographies

The team from ADR Chambers Inc. includes the following members who will be responsible for providing Integrity Commissioner services to Markham:

Allan J. Stitt, LL.M (Harvard), C.Med., C.Arb.

Allan is the President of ADR Chambers. He is a mediator, arbitrator, negotiation consultant, facilitator, trainer, and ADR systems design specialist. He is an Adjunct Professor at the University of Toronto Law School and a Special Lecturer at the University of Windsor Faculty of Law, teaching courses in Negotiation and Alternative Dispute Resolution. He has also been a Lecturer at the University of Notre Dame, the University of Lisbon (Portugal), and the University of the Philippines and has taught ADR and Negotiation courses throughout North America, Europe, Asia, Africa and Australia with the Stitt Feld Handy Group, a division of ADR Chambers.

Allan is both a Chartered Mediator (C.Med.) and a Chartered Arbitrator (C.Arb.). He has mediated two-party and multi-party disputes in numerous contexts, including commercial, employment, corporate governance, workplace, banking, personal injury, sports, and breach of contract. He has also arbitrated numerous commercial cases including cases for the National Transportation Agency and the Ontario Farm Products Marketing Board. His book on ADR systems design, ADR For Organizations, and Mediating Commercial Disputes, were both business books bestsellers. He also wrote Mediation: A Practical Guide and he is the Editor-in-Chief of the CCH ADR Practice Manual.

After earning his B. Comm at the University of Toronto, Allan earned his LL.B. at the University of Windsor Faculty of Law and his J.D. at the University of Detroit Law School, graduating first in his class in both law schools. He then earned his LL.M. degree at Harvard Law School. Until 1994, he was a litigator at Osler, Hoskin & Harcourt.

While at Harvard Law School in 1992, Allan studied negotiation and ADR with Professor Roger Fisher, Professor Frank Sander, and Bruce Patton. He has returned to Harvard on a number of occasions to act as a Teaching Assistant to Professor Fisher. Allan is the Past President of the ADR Institute of Canada, the Arbitration and Mediation Institute of Canada, the Arbitration and Mediation Institute of Ontario and the Sport Dispute Resolution Centre of Canada. He is a Distinguished Fellow of the International Academy of Mediators, an IMI Certified Mediator, an arbitrator, and mediator for the Sport Dispute Resolution Centre of Canada (SDRCC), a panel member of the International Panel of Arbitrators with the International Centre for Dispute Resolution (ICDR), and on the International Panel of Mediators with the Singapore Mediation Centre. Allan has been awarded the Ontario Bar Association Award of Excellence in Alternative Dispute Resolution. He is listed in the 2012 edition of The Best Lawyers in Canada in ADR, the Mediation chapter of Who’s Who Legal: Canada 2012 and is listed in The International Who’s Who of Commercial Mediation 2012. He has designed ADR systems for such organizations as the Canadian Bankers Association, the Ontario Human Rights Commission, the Law Society of Upper Canada, and Canadian Tire Corporation.

Charles A. Harnick

Mr. Harnick actively practiced law as a litigator for over 20 years. He was called to the Ontario Bar in 1977. From 1990 to 1999, Mr. Harnick served as an elected member of the Ontario Legislature, and from 1995 to 1999 he served as Attorney General of Ontario and Minister Responsible for Native Affairs. Mr. Harnick spent several years as a Chief Federal Land Claims negotiator, including amongst others, the Coldwater land claim.

Mr. Harnick is responsible for the creation of the Ontario Mandatory Mediation Program and Legal Aid Ontario. He was instrumental as a mediator in bringing the major legal organizations in Ontario together with paralegal organizations, culminating in legislation that has made the Law Society of Ontario the regulator of paralegal activities.

In 1991 Charles was certified as a specialist in civil litigation. He was appointed a Queen’s Counsel in 1992 and in 2005 he was awarded the Law Society Medal. He is a Member of The Canadian Academy of Distinguished Neutrals and an Affiliate Member of The National Academy of Distinguished Neutrals.

Mr. Harnick has extensive experience as an Integrity Commissioner and currently acts as Integrity Commissioner for the following 10 Ontario municipalities:

  • Municipality of Leamington
  • City of Kawartha Lakes
  • Haldimand County
  • Township of Larder Lake
  • County of Dufferin
  • City of Richmond Hill
  • Township of McGarry
  • Town of Orangeville
  • City of Markham
  • Norfolk County

In his role as Integrity Commissioner, Mr. Harnick conducts Code of Conduct investigations and drafts decisions based on his findings. Mr. Harnick also interprets and applies Codes of Conduct and municipal conflict of interest legislation in making recommendations to Members of Council.

Mr. Harnick has drafted, reviewed, and redrafted Codes of Conduct for several municipalities. He has also completed educational presentations to municipalities on the applicable Code of Conduct and on the Integrity Commissioner's role.

 

Frequently Asked Questions

1. What does the Integrity Commissioner do?

The Integrity Commissioner provides educational advice to Members of Council, as well as investigates any complaints regarding possible violations of the Code of Conduct by a Member of Council.

2. Who can file a complaint?

Members of the public, as well as other Members of Council, can file complaints.

3. How is a complaint filed?

Applicants must complete a complaint form, which includes a required affidavit. Applicants can visit the City Clerk’s office to have the affidavit commissioned, free of charge. All complaints are to be filed with the City Clerk’s office, who will then forward the document to the Integrity Commissioner on the complainant's behalf.

See Complaint Protocol section for more information.

4. How is the complaint investigated?

Once a complaint has been filed the Integrity Commissioner will review it to determine if a full investigation is warranted. If an investigation is undertaken the elected official is given a copy of the complaint and asked to respond in writing to the complaint, with a copy of this response being provided to the complainant. The process could include an interview with the complainant and the Integrity Commissioner. Within 90 days of filing the complaint, the Integrity Commissioner submits a report to Council, detailing any contravention of the Code of Conduct and any recommendations. Council determines what action will be taken.

5. Can you file an anonymous complaint?

No, you will be required to provide your name on the application form. It is at the discretion of the Integrity Commissioner whether or not that information is shared with the Member of Council.

Contact Information

If you require further information, please contact.

Kimberley Kitteringham, 
City Clerk, 
City of Markham, 
101 Town Centre Boulevard,
Markham, Ontario, 
L3R 9W3

Email : kkitteringham@markham.ca

Phone : 905.477.7000 extensions 4729

The Ombudsman is an independent officer of the Legislature who investigates complaints from the public about Ontario public sector bodies within his jurisdiction, recommending improvements for governance and resolving individual issues.

The City of Markham uses the services of the Provincial Ombudsman. This ombudsman can look into a municipality's:

  • Decisions.
  • Recommendations.
  • Omitted acts.

On December 11, 2014, the Ontario Legislature gave Royal Assent to Bill 8, the Public Sector and MPP Accountability and Transparency Act, 2014. This Bill lets the Provincial Ombudsman help Ontario municipalities.

The Bill doesn’t stop municipalities from choosing their own Ombudsman. However, the Provincial Ombudsman is the default Municipal Ombudsman for municipalities that don’t choose their own ombudsman.

Resolving Complaints

The City of Markham wants to resolve complaints:

  • Fairly.
  • Respectfully.
  • Transparently.
  • Quickly

If you have a complaint, make a service request to the appropriate Department. You can track your service request using the number you get when you make your online request.

If you’re not happy with the outcome of your complaint, you can make a request with the Provincial Ombudsman’s Office.

Related Documents

Contact Information

If you need more information, please contact:

Kimberley Kitteringham
City Clerk
City of Markham
101 Town Centre Boulevard, Markham ON, L3R 9W3
Phone: 905.477.7000 extension 4729
E-mail: kkitteringham@markham.ca

 

The City of Markham values your privacy. We also want you to be able to access our information!

The Legislative Services Department processes all requests for information under the Municipal Freedom of Informationand Protection of Privacy Act (MFIPPA), which gives the public the right to request access to government held information. MFIPPA also protects personal information held by government organizations and provides individuals with a right of access to their own personal information.

You can make an online request, or complete an Freedom of Information (FOI) request form [PDF], and print it, and submit this with the required $5.00 request fee, payable to the City of Markham. It is important that requests be clear, specific and as detailed as possible. Send the form and fee to City of Markham, Legislative Services Department, 101 Town Centre Boulevard, Markham, Ontario L3R 9W3.

For further information call Alida Tari at 905.477.7000 extension 2082 or email: atari@markham.ca.

For more information, visit the Ontario Information and Privacy Commissioner.

Disclosure of MFIPPA Requests

As part of the City of Markham’s commitment to accountability and transparency, a catalogue of Freedom of Information (FOI) Requests received under MFIPPA has been compiled into an Excel spreadsheet. Any information pertaining to personal information (e.g., names) and other identifying information (e.g., addresses) have been removed from the dataset to ensure the protection of privacy of individuals and requestors. Where information has been removed, it is stated so in the catalogue. This list will be made available beginning January 1, 2017, on a quarterly basis and will include all requests that were closed during the previous quarter.

Should you require a copy of any of the records responsive to these requests received under MFIPPA, please contact Alida Tari, Manager, Access & Privacy at 905.477.7000 extension 2082 or by email at atari@markham.ca and reference the associated request number. While there is no fee associated with filing a request for these records, the standard reproduction fees apply as follows:

  • Record Preparation: $7.50 per ¼ hour required to prepare records and release.
  • Photocopying: $0.20 per page.
  • Computer Programming: $15.00 per ¼ hour if needed to develop program to retrieve information.
  • Flash drive: $10.00 for each disk

MFIPPA Requests Disclosure Summary

Activity Report for the period October – December 2015

Frequently Asked Questions

1. What are the principles or intent of the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA)?

There are five basic principles of this legislation aimed to provide an individual with an appropriate balance between access to government information and protection of the individual’s personal information. These principles are:

  • You, the “public”, have a right of access to records held by the City
  • The City must protect your personal privacy and follow rules and guidelines in collecting, using and disclosing, to others, your personal information
  • It is your right to see your personal information held by the City about yourself
  • You have the right to request corrections to your personal information that is held by the City. However, opinion’s cannot be changed or removed
  • You have the right to an independent review of decisions made by the City. This independent review is conducted by the Information and Privacy Commissioner of Ontario’s office.

2. What is a Freedom of Information Request?

Requests for information held by the City of Markham are made to the Legislative Services Department which is responsible for managing compliance with MFIPPA. Decisions on access to information are subject to independent review by the Information and Privacy Commissioner, Ontario.

3. How to make a Freedom of Information Request?

You can make an online request, or complete an Freedom of Information (FOI) request form [PDF], and print it, and submit this with the required $5.00 request fee, payable to the City of Markham. It is important that requests be clear, specific and as detailed as possible. Send the form and fee to City of Markham, Legislative Services Department, 101 Town Centre Boulevard, Markham, Ontario L3R 9W3.

How to complete a MFIPPA request using the FOI request form provided by the City of Markham:

  1. Enter your name, address and phone number. If applicable enter company name, Fax and e-mail are optional;
  2. Indicate if you are requesting general or personal information. Enclose initial fee of $5.00, indicate if you would like to examine the records or receive a copy of the records;
  3. Give as much detail as possible, describe the records you would like to access, the business unit (department) of the City of Markham that you believe holds the records and include the time period for the records;
  4. Please sign, date and send your request to the Legislative Services Department with the required fee.

Online: To make an online request.

By mail: Legislative Services Department Attention: Manager, Access & Privacy 101 Town Centre Boulevard, Markham, Ontario, L3R 9W3

In person: Legislative Services Department (main floor) Markham Civic Centre 101 Town Centre Boulevard, Markham, Ontario, L3R 9W3
 

4. Fees

When submitting a request you must pay an initial application fee of $5.00. A request requiring this fee will not be processed until the fee is received. The fee may be received in the form of cash or cheque made out to the “City of Markham”. There are additional fees associated with FOI requests detailed below:

  • Fee for Request for General Information
    • Application fee: $5.00 – to be paid when you submit your request
    • Search Time: $7.50 – 1/4 hour required to search and retrieve request
    • Record Preparation: $7.50 – 1/4 hour required to prepare records and release
    • Photocopying: $0.20 – per page
    • Computer Programming: $15.00 – 1/4 hour if needed to develop program to retrieve information
    • Flashdrive: $10.00 – for each disk
  • Fee for Request for Personal Information
    • Application fee: $5.00 – to be paid when you submit your request
    • Photocopying: $0.20 – per page
    • Computer programming: $15.00 – 1/4 hour needed to develop a program to retrieve information
    • Flashdrive: $10.00 - for each disk

If the estimate of fees to be paid is $100.00 or more, you will be required to pay a 50% deposit. Please note that the fee charges are prescribed by Section 45 of the MFIPPA and section 6 of the Regulations and Guidelines for Municipalities and Local Boards. All monies are payable by cash, money order or certified cheque. If you are paying in person, INTERAC, VISA and Mastercard are also accepted.

Fee Charges for Filing an Appeal

If you wish to launch an appeal, a fee of $10.00 for personal information and $25.00 for all other appeals must be sent to the Commissioner’s office.

5. Timeline for Requests

MFIPPA allows for a 30 day period to complete a request. This timeframe is designed to allow the City ample time to search for records, review the records and complete any necessary redactions to the records prior to their release.

In certain circumstances MFIPPA allows for an extension of time to complete the request. This would occur in situations where there is a large number of records to collect and review. In these circumstances a letter will be sent to the requestor from the City outlining the reasons why the extension is required and providing a revised timeline for response.

6. Will I be granted access to everything I requested?

The Act contains limited and specific provisions which direct the City to withhold records containing certain types of information. If your request falls under one of these provisions it may be denied, or your copy of the record may contain severed portions.

A few examples of information that will not be released include:

  • Names and addresses of everyone who applied for a particular job vacancy;
  • Name of a complainant;
  • A legal opinion given by the City Solicitor to Council on a matter involving litigation.

7. Appeal Process

If you are unhappy with the City’s decision you have the right to appeal to the Information and Privacy Commissioner. Additional information on the appeal process is provided at the bottom of each decision letter issued by the City of Markham. An appeal must be made within 30 days of the government organization making its decision. To appeal, write a letter to the Registrar at the IPC, describing why you are not satisfied with the government organization's decision. Alternatively, you may wish to use the Appeal Form available from the Information and Privacy Commissioner. This form must be completed and mailed to the Registrar at the IPC at the address on the form. There is a $25 appeal fee when the information sought is general information. (The appeal fee is $10 when the information sought is personal information.) For more information on how to file an appeal, please refer to our brochure, The Appeal Process and Ontario's Information and Privacy Commissioner.

8. Role of the Information & Privacy Commission

Ontario’s Information and Privacy Commissioner, who is appointed by the Provincial Legislature, oversees all aspects of the Municipal Freedom of Information and Protection of Privacy Act for all public bodies affected by the Act including the City of Markham. The Office of the Commissioner is the independent body that reviews the application of the legislation including:

  • Conducting reviews of decisions made by the City of Markham under MFIPPA, at the request of an applicant or affected third party;
  • Conducting investigations into complaints regarding privacy breaches, to ensure compliance with provisions of MFIPPA and compliance with rules relating to the destruction of records;
  • Making Orders as a result of investigations, reviews and inquiries; and
  • Informing the public about the Act.
Commissioner of Oaths

The Clerk's Office, as a public service, commissions affidavits and declarations between the hours of 8:30 AM and 4 PM, Monday to Friday.

Appointments are not required.

There is a charge of $34.00 for the first document and $7.00 for each additional document.
 


 

Birth Registrations

Every child born in Ontario must be registered with Ontario's Office of the Registrar General.

Parents with children born on or after February 23, 2009, should register their baby’s birth online at www.serviceontario.ca/newborn. Parents can also use the online service to apply for their newborn’s birth certificate and Social Insurance Number.

Death Registration

The Clerk's Department is responsible for issuing burial permits. Copies of Death Certificate can be obtained from the Office of the Registrar General. Application forms can be obtained at the Markham Civic Centre Office or from any municipal office in Ontario. You can also apply online at www.serviceontario.ca.

If you are researching a family tree or require additional information on Vital Statistics records, you can visit www.serviceontario.ca.

Contact

Legislative Department

Markham Civic Centre

101 Town Centre Boulevard

Markham, ON, L3R 9W3

Phone 905.477.7000.ext..2366
Fax 905.479.7771

Hours

Monday to Friday
8:30 AM to 4:30 PM