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Disclosure of Pecuniary Interest Form

Disclosure of a Pecuniary Interest Guidelines

Legislation: The Municipal Conflict of lnterest Act sets out the provisions of pecuniary interest.  Understanding these provisions allows Council members to perform their public duties in compliance with legislation.

Pecuniary Interest: Members must disclose a direct or indirect pecuniary interest in mattersthat are before Council for consideration.  Although not defined in the Act, the dictionary defines pecuniary as "relating to money". The direct interest relates to the private members interest (directly profiting or losing money), while indirect interests are public. For example a Councillor employed by the province indirectly has interest in the province (a public interest).  Pecuniary interest of a spouse, child or parent of a member is also deemed to be an interest.

Procedures for Disclosure: lf a matter comes before Council that a member believes he or she has a pecuniary interest in, there are clear procedures to follow. The member should:

1. Declare the pecuniary interest at the commencement of a Council meeting andrestate immediately prior to the item appearing on the agenda

2. When the matter of pecuniary interest is before Council, leave the meeting roomuntil discussion and voting on the matter are concluded. 

3. Refrain from attempting in any way whether before, during or after the meeting to influence the voting on any such matter.

4. Return to the meeting after the matter has been discussed and a decision has been made.

5. Complete and submit the Disclosure of a Pecuniary lnterest Form to the Clerk on the same day the matter is before Council.

These procedures apply to all regular and special meetings of Council.

Vote lmplications: When pecuniary interest has been declared, the member of Council making the declaration must refrain from voting. Quorum is then established with the remaining members.
For example: ln a five member Council, if one member of Council declares a pecuniary interest then quorum is establish with the remaining four members.
Note: lndirect Interest (Section 2 of MCIA / Direct lnterest (Section 3 of the MCIA) www.ontario.ca/laws

Please complete and submit to the Clerk on the same day the pecuniary interest is being declared