A deep dive into the integrity commissioner process

Jeff Helsdon, Local Journalism Initiative Reporter

With the reports from two separate complaints to the Town of Tillsonburg’s integrity commissioner being released at the Sept. 22 meeting, it was the first time this process occurred in Tillsonburg.

Bill 68, the Modernizing Ontario’s Municipal Legislation Act, 2017, made it mandatory for all of the province’s municipalities to appoint an integrity commissioner to investigate complaints about council. The act also mandated municipalities to create a code of conduct. The integrity commissioner can investigate violations to the code of conduct and conflict of interest allegations.

In this case, three Tillsonburg councillors filed complaints against Mayor Deb Gilvesy and Coun. Chris Parker in connection with a discussion that took place in closed session late last year and in early 2025. The investigation by town integrity commissioner Aird & Berlis LLP cleared them of all wrong doing.

A separate complaint was filed alleging that Deputy Mayor Dave Beres should have declared a conflict of interest in discussion about the Tillsonburg BIA as his son owns property in the area, and against Coun. Bob Parsons because he is the town appointee to the BIA board. The commissioner found there was no conflict.

Karen Oliveira, manager of communication for Aird & Berlis, explained that legislation does not allow revealing who filed a complaint, but the complainants can “self-identify” that information.

In this case, it is known that three councillors filed the complaint against Gilvesy and Parker. Tillsonburg Councillors Chris Rosehart, Parsons, Luciani and Spencer were asked if they filed the complaint. While Rosehart said she did not file either complaint, the other four either didn’t wish to self-identify or didn’t answer the question.

Regarding the second complaint against Parsons and Beres, it isn’t as clear cut as it isn’t known if a council member or member of the public filed the complaint. Gilvesy, Parker and Rosehart denied filing it, while Spencer and Luciani either did not choose to identify they filed the complaint or didn’t answer the question.

In their responses, Beres, Parsons and Spencer did urge putting this behind us and moving on.

While municipalities may pay a retainer to keep an integrity commissioner at the ready, there is an additional cost for an investigation. The final bill isn’t in for the Tillsonburg investigation but Parker did say it will be more than $20,000.

Aird & Berlis acts as integrity commissioners for about 70 municipalities in Ontario. Asked if these types of complaints were common, Oliveira said, “Councillor-initiated code of conduct complaints against other members are not unusual.

She also said the complaint and applications in Tillsonburg are not unusual and most municipalities have similar complaints and applications submitted.

Joe Lyons, assistant professor and director of local government program at Western University, said frivolous complaints under the act can be dismissed if the investigator thinks it is unwarranted.

Speaking more specifically to complaints by council members about their peers, he said the process could be used to discourage a particular member from running in the future.

“That’s one of the concerns with the code of conduct and integrity commissioner regime is it could be weaponized politically,” he said.

Although the provincial government is looking at changes to the legislation, Lyons isn’t aware of anything to address using the process for political purposes.

“If you have a dysfunctional council you’ll see more of these things,” he said. “If councillors work together and treat each other with respect, you’ll see fewer of these investigations.”