Integrity commissioner clears BIA official of wrongdoing

Jeff Helsdon, Editor

Tillsonburg’s integrity commissioner found no wrong-doing by the former chair of the board of the Downtown Tillsonburg BIA and its executive director during a recent investigation.

In a report to council that was accepted as information by council at Monday’s meeting, John Mascarin of Aird and Berlis outlined the complaint and decision in a report dated March 9.

The report stated: “It alleges that the former Chair of the Board, Allison Biggar (the “former member”), and the board’s Executive Director, Mark Renaud (the “director”), contravened subsection 5(1) of the Municipal Conflict of Interest Act by failing to declare conflicts of interest and recusing themselves from participation in the consideration of a matter at that meeting.” It alleges that former member and director had indirect pecuniary interests in that the applicant, Chrissy’s Catering, asked for support for its Canada Day breakfast planned for 2026, which the Station Arts Centre receives, and that Biggar should have declared a pecuniary interest at a board meeting as she is also the treasurer of the Station Arts Centre board.

In his report, Mascarin stated the application was filed improperly as it requests a ruling under the municipality’s Code of Conduct – as the BIA board is appointed by council – and the Municipal Conflict of Interest Act. He said it is not possible to investigate both and the investigation continued under the Municipal Conflict of Interest Act. He also ruled a complaint can’t be filed against the director as this position is not a board member appointed by council.

The issue centres around the applicant requesting funding for a Canada Day breakfast, although the Station Arts Centre as a non-profit organization, did receive funding. Biggar responded to that request on Aug. 7, denying the funding. The applicant continued to communicate and asked to speak to the entire board. That meeting was to take place on Oct. 1, but did not due to a lack of quorum. The director informed the applicant the meeting was rescheduled to Oct. 9, but a representative from Chrissy’s Catering did not attend, according to information provided from the BIA. Mascarin contacted the applicant to see if this position was contested, but no response was received.

Mascarin concluded there was enough evidence to proceed with an investigation against the member, but found no wrong-doing.

“In the absence of a real and discernible pecuniary impact on the Arts Centre arising from the Board’s consideration of the Sponsorship Request, there is no factual basis upon which we can conclude that the Former Member, by virtue of her position as a director and officer of the Arts Centre, had a real and discernable indirect pecuniary interest in the Sponsorship Request within the meaning of section 2 of the Municipal Conflict of Interest Act,” he wrote in the report.

Further, he said if an indirect pecuniary interest did exist, it would only come into play if the matter was considered by the board, which it wasn’t as the first meeting was cancelled due to a lack of quorum and a representative of Chrissy’s Catering did not attend the rescheduled meeting.

The Municipal Act allows the applicant to file an application directly with a judge with the Ontario Superior Court of Justice to further contest there was a contravention of the Municpal Conflict of Interest Act.

Although he wasn’t named personally in the report, Chrissy’s Catering co-owner Marcel Rosehart was surprised his business was named in the report, as well as there were numerous references to “he”. In previous complaints to the integrity commissioner about Tillsonburg councillors, the identity of the complaints was not revealed.

“I am curious why my name was listed when in previous complaints they never listed the name of the complainant,” Rosehart said. “I was shocked.”