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Conflict of Interest

Conflict of Interest – Councilor

Councilors of the Village of Borden are expected to act in the best interests of the municipality and to maintain public trust by avoiding conflicts of interest, both real and perceived.

Conflict of interest requirements are governed by The Municipalities Act and the Village of Borden’s Council Procedures Bylaw.

1. What Is a Conflict of Interest?

A conflict of interest exists when a Councilor’s personal interests — or the interests of a related person or entity — could influence, or appear to influence, their ability to act in the best interests of the Village.

This includes interests of:

  • A family member or close friend

  • A business associate

  • A corporation or partnership in which the Councilor has a significant interest

  • Any person or entity to whom the Councilor owes an obligation

A conflict exists even if no improper influence actually occurs.
If a reasonably well-informed person could perceive that a decision may be influenced, a conflict of interest may exist.

2. General Conflict of Interest Obligations

Unless specifically authorized by Council or by a person designated by Council, a Councilor must not:

  • Act on behalf of the Village in any matter where they have, or appear to have, a conflict of interest

  • Use their position to advance their own interests or the interests of a related person or entity

A Councilor who becomes aware of a conflict of interest must immediately disclose it to Council:

  • In writing, or

  • Verbally at a Council meeting, to be recorded in the minutes

Disclosure must occur as soon as the conflict becomes known, even if the matter has already been concluded.

If there is uncertainty about whether a conflict exists, Council (or a person designated by Council) will determine whether a conflict of interest is present.

3. Required Actions When a Conflict Exists

Unless otherwise directed by Council, a Councilor who has a conflict of interest must:

  • Declare the conflict and request that it be recorded in the meeting minutes

  • Excuse themselves from the portion of the meeting where the matter is discussed

  • Refrain from participating in discussion of the matter, both at Council and elsewhere

  • Refrain from voting on the matter

4. Avoiding Conflicts of Interest

A Councilor must not:

  • Use their relationship with the Village to confer a benefit on a related person or entity

  • Personally benefit from any business activity involving the Village, except in unique situations authorized by Council

  • Indirectly benefit from any business activity involving the Village, except where authorized by Council

An indirect benefit includes:

  • A benefit received by a related person or entity, or

  • A benefit that advances or protects a Councilor’s interests, even if it is not measurable in monetary terms

5. Use of Village Property and Information

Council authorization is required to:

  • Use Village property for personal purposes

  • Purchase Village property, except through public processes equally available to the public, and only where the Councilor is not involved in the sale

Councilors must not:

  • Take personal advantage of opportunities available to the Village unless the Village has clearly decided not to pursue the opportunity and it is equally available to the public

  • Use their position to solicit Village stakeholders for personal or related business purposes

Village information is information obtained solely through involvement with the Village that the Village is obligated to keep confidential.

Councilors must:

  • Use Village information only for Village purposes

  • Protect confidential information from improper disclosure

  • Report any misuse or breach of Village information

Information may be released only where:

  • Authorized by Council or a person designated by Council, and

  • The recipient has a lawful right to the information

6. Gifts and Benefits

A Councilor may accept a gift related to their role only if:

  • It is of nominal or token value

  • It represents customary hospitality or courtesy

  • It complies with ethical standards and applicable laws

  • It could not reasonably be perceived as a bribe or improper influence

Councilors must not:

  • Use Village property or resources to provide gifts, donations, or political contributions on behalf of the Village without Council authorization