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No penalty for Gravenhurst Councillor's violation of the Municipal Act

Thursday, 23 October 2025 08:06

Integrity Commissioner ruled that the councilor tried to influence a vote on an organization she had an interest in

A penalty was not issued for Gravenhurst Councillor Penny Varney’s violation of the Municipal Act, in the October 21, 2025, Council meeting.

The town’s Integrity Commissioner, Laura Dean, of Aird and Berlis, indicated that the municipality received a complaint last June about Varney that was forwarded to her for investigation.

She said the complaint was issued to her team because Varney attempted to influence a Councillor’s voting for an exemption of a sign by-law by expressing the Co-op’s request should be supported.

In the June 24th Council meeting the Artist Cooperative in Gravenhurst requested permission to place flag signs on the municipal sidewalk at their location, and staff recommended Council deny the request.

Dean advised that the Municipal Act “prohibits Council members to influence voting on a Council if the member has interest in a pecuniary manner,” therefore, Varney was found to be in violation of the Act.

Although Varney removed herself from that section of the Council meeting, she “attempted to influence Council vote” before it, explained Dean. She added, “Yes, the member has direct pecuniary interest in the Artist Coop.”

According to Dean, Varney, who is in her second term of Council, said the emails were sent “as a citizen, not as a Councillor,” which is apparently something she was told she could do by the town’s previous Integrity Commissioner – that she “could speak as a private citizen.”

However, Dean added that Varney also realized she “has made an error in judgement.”

Dean advised that there is “no possibility of being a private citizen and Councillor in pecuniary interest,” therefore, she’s in violation. She added that advice from an Integrity Commissioner also must be in writing, which isn’t the case in this situation.

However, the violation will not result in a penalty. Dean said, “It’s not in the public interest to make that application here.” She indicated that doing so would result in “a financial burden on taxpayers, disruption to Council and the member,” and referred to the investigation as “concluded.”

Dean added that the applicant that submitted the complaint “can make an application to a judge,” if they wish to pursue the matter.

Councillor, Erin Strength, inquired about the types of case law and examples “when reasons would be dismissed gauge for the severity of conflict of interest.”

She said, “I consider this to be a punishable event. She broke Oath of Office, and she broke the rules.”

Dean said, “the Act doesn’t set the criteria.” She added, “the member admitted error in judgement and that she made a mistake.”

 

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