Ontario’s integrity commissioner, whose scathing report into the Ford government’s handling of the Greenbelt led to resignations and reversals, is set to retire in a matter of months, capping off an eight-year term as the province’s ethics watchdog.
J. David Wake, who previously served as Associate Chief Justice of the Ontario Court of Justice before being appointed as the integrity commissioner by Queen’s Park in 2016, is poised to step away from the role in January.
“The Office can confirm that Integrity Commissioner Wake intends to retire in January 2025,” the integrity commissioner’s office told Global News in an emailed statement.
Wake privately informed MPPs and party leaders of his retirement earlier this year, touching off a search for a new non-partisan watchdog for a five-year term, led by the Legislative Assembly.
Wake’s departure, however, comes amid an active investigation by the integrity commissioner’s office into non-compliance with the province’s lobbying laws — the outcome of which has yet to be determined.
Global News has learned the integrity commissioner has been probing the activities of some of the individuals named in the 2023 Greenbelt report, questioning whether unregistered lobbying may have taken place.
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Part of the investigation appears to revolve around the activities of “Mr. X,” a Clarington-area lobbyist whose company allegedly charged clients a “Greenbelt fee” and a “rezoning fee,” according to Wake’s 2023 report.
Wake said, at the time, that his office had also gathered evidence related to the “potential effect that unregistered lobbying could have on the process adopted in this case for Greenbelt removals.”
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“The evidence gathered during this inquiry raise issues about possible non-compliance with the Lobbyists Registration Act,” Wake stated in his report along with a promise to open a separate investigation.
The findings of the investigation, along with who is under scrutiny might remain out of the public view because the laws governing the integrity commissioner’s office call for strict confidentiality.
“The confidentiality provisions prevent the Commissioner, as Lobbyist Registrar, and anyone acting for or under the direction of the Registrar from disclosing whether the registrar is investigating a matter or any information, document or thing obtained while conducting an investigation under this Act,” the commissioner’s office told Global News.
The laws also do not require the commissioner to publish a separate report about a lobbying investigation.
Still, some who have been questioned by Wake’s office during his non-compliance probe have privately expressed frustration at the pace of the inquiry, citing a desire to move past a cloud of suspicion that’s lingered for over a year.
In his 2023 Greenbelt report, Wake also complained about a “lack of teeth” in the lobbyist registration act and questioned whether any reprimand doled out to a non-compliant lobbyist would actually change behaviour.
“For instance, if I do find that someone has been performing unregistered lobbying I can name that person and prohibit them from lobbying for up to two years,” Wake said in his report. “Since they have not been registered in the first place the deterrent effect of such a disposition is questionable.”
“Other jurisdictions provide for monetary penalties which would be more effective,” Wake added.
At Queen’s Park, opposition parties called on the government to strengthen the legislation to give the integrity commissioner additional powers once the office has determined a breach of ethics or non-compliance.
“I think the integrity commissioner does need more bite, said NDP Leader Marit Stiles.
“Every law is only as strong as the ability we have to enforce it,” Stiles said. “The integrity commissioner can rule on things, he can conduct investigations, he can say, ‘Here’s a problem,’ but he can’t make the government fix that problem.”
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