Procedure for inquiries under section 30
Section 30 of the Members' Integrity Act, 1994 provides that any Member of Provincial Parliament who believes that another member has contravened the Act or Ontario parliamentary convention can request that the Integrity Commissioner give an opinion on the matter.
To make a request, the MPP must:
a) have reasonable and probable grounds to believe there has been a contravention;
b) set out the information leading to the belief in an affidavit;
c) file a copy of the affidavit with the Speaker; and,
d) file a copy of the affidavit and proof of service upon the Speaker with the Office of the Integrity Commissioner.
The Integrity Commissioner will proceed as follows when a request is received:
1. Review the materials received to confirm that the procedural steps outlined have been completed and that the subject matter of the complaint is within the Commissioner’s jurisdiction.
2. Notify the member who is the subject of the request about whether the Commissioner will conduct an inquiry under section 31(1).
3. Request one or more written responses to the affidavit and any other relevant information within time periods specified by the Commissioner.
4. Conduct any other inquiries necessary to enable the Commissioner to issue an opinion on or dispose of the matter in accordance with section 31.
At any time, the Commissioner may elect to carry out the inquiry in accordance with section 31(2) of the Act, which allows the Commissioner to exercise powers under sections 33 and 34 of the Public Inquiries Act, 2009. Members who are parties to the inquiry will be notified of the Commissioner’s election.