HomeMy WebLinkAboutCLK 09-23
Report to Council
Report Number: CLK 09-23
Date: October 23, 2023
From: Paul Bigioni
Director, Corporate Services & City Solicitor
Subject: Special Powers and Duties of the Head of Council (Strong Mayor Powers) under
Part VI.1 of the Municipal Act, 2001, S.O. 2001, c.25
-Information Report and recommended updates to Procedure By-law #8019/23
-File: A-1440
Recommendation:
1. That Report CLK 09-23, regarding information pertaining to the Special Powers and
Duties of the Head of Council (Strong Mayor Powers) under Part VI.1 of the Municipal
Act, 2001, S.O. 2001, c.25, and the recommended updates to Procedure By-law
#8019/23 be received;
2. That the draft by-law, included as Attachment #1 to CLK 09-23, to amend Procedure By-
law #8019/23 be approved; and,
3. That the appropriate City of Pickering Officials be authorized to take such actions as are
necessary to give effect to the recommendations in this Report.
Executive Summary: The purpose of this report is to provide information to Council, staff
and members of the public regarding the recent amendments to the Municipal Act, 2001, S.O.
2001, c.25 (the “Act”), as it pertains to special powers and duties of the Head of Council,
commonly referred to as Strong Mayor Powers.
The Act was amended by Bill 3, Strong Mayors, Building Homes Act, 2022 and Bill 39, Better
Municipal Governance Act, 2022, which received Royal Assent on September 8, 2022, and
December 8, 2022, respectively. Through these amendments, and O. Reg 530/22, the Special
Powers were initially granted to the Mayor of the City of Ottawa. The Mayor of the City of
Toronto also received these Special Powers under the City of Toronto Act, 2006, S.O. 2006,
c.11, Sched. A.
On July 1, 2023, O. Reg 530/22 was amended to provide the Strong Mayor Powers to an
additional 26 large, and fast-growing Ontario municipalities, including the City of Pickering. As
a result, this report provides an overview of the Strong Mayor Powers as well as recommended
updates to the City’s Procedure By-law to reflect the process around the use of the Strong
Powers in the course of conducting City Council business.
As staff continue to understand the impacts of the Strong Mayor Powers through collaboration
with the 26 other municipalities, future updates to the Procedure By-law may be required and
staff will report back to Council in this regard as needed.
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Subject: Special Powers and Duties of the Head of Council (Strong Mayor Powers) Page 2
Financial Implications: There are no financial implications associated with this Report.
Discussion: According to the Province of Ontario’s website, the implementation of Strong
Mayor Powers was intended to offer tools to help the Mayors of designated municipalities to
cut red tape and speed up the delivery of key shared municipal-provincial priorities such as
housing, transit and infrastructure. The use of the Powers is tied to O. Reg. 580/22 which
provides the following prescribed provincial priorities:
1. Building 1.5 million new residential units by December 31, 2031.
2. Constructing and maintaining infrastructure to support housing, including:
i. Transit,
ii. Roads,
iii. Utilities, and,
iv. Servicing.
Currently the Mayors of the municipalities of Ajax, Barrie, Brampton, Brantford, Burlington,
Caledon, Cambridge, Clarington, Guelph, Hamilton, Kingston, Kitchener, London, Markham,
Milton, Mississauga, Niagara Falls, Oakville, Oshawa, Ottawa, Pickering, Richmond Hill, St.
Catherines, Toronto, Vaughan, Waterloo, Whitby, and Windsor have all been granted the
Strong Mayor Powers.
At the Association of Municipalities of Ontario (AMO) conference held in August 2023, it was
announced that the Mayors of an additional 21 municipalities would be granted the Strong
Mayor Powers effective October 31, 2023. Those municipalities include Aurora, Belleville,
Brandford West Gwillimbury, Chatham-Kent, East Gwillimbury, Georgina, Greater Sudbury,
Haldimand County, Halton Hills, Innisfil, Kawartha Lakes, New Tecumseth, Norfolk County,
North Bay, Peterborough, Sarnia, Sault Ste. Marie, Thunder Bay, Welland, Whitchurch-
Stouffville, and Woodstock.
Through the coordinated efforts of the Association for Municipal Clerks and Treasurers of
Ontario (AMCTO), municipal Clerks of the municipalities granted Strong Mayor Powers have
been meeting regularly since July 1, 2023. These group discussions provide opportunities to
share municipal best practices as well as support and guidance to one another as we navigate
through the new provisions of the Municipal Act and their associated impacts.
Overview of the Special Powers:
The following table provides a list of the Strong Mayor Powers, how they may be used and
whether any of the Powers can be delegated. As outlined in the table below, there are certain
Powers that cannot be delegated, and only the Mayor can determine if they wish to exercise
those Powers. In the absence of the Mayor, and those powers in which they may have
delegated, the Special Powers cannot be utilized by the Deputy Mayor, Acting Mayor, or any
other Member of Council.
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Subject: Special Powers and Duties of the Head of Council (Strong Mayor Powers) Page 3
Strong Mayor Power Use of the Power Can the Power be
Delegated?
Ability to provide direction to Must be done in writing and by the No
municipal employees. next business day, provided to the
Clerk, Chief Administrative Officer
(CAO), each Member of Council, and
posted publicly (subject to MFIPPA).
Direction could be to undertake
research, provide advice to the head
of council on policies and programs as
they relate to the powers and duties
under this Part of the Act and to carry
out duties and implement decisions
made by the head under this Part.
Ability to establish, dissolve,
appoint chairs and vice-
chairs and assign functions
to a prescribed class of
committees.
In accordance with the Regulations,
the prescribed class of committees
includes only those committees that
consist solely of Members of Council.
For Pickering, this only applies to the
Executive and Planning &
Development Committees.
This Power can be
delegated but only
to Council.
Note: This Power
has been delegated
to Council under
Mayoral Decision
#02-2023.
Ability to require Council to
consider a particular matter
that could advance a
prescribed provincial
authority.
The Act states that the introduction of
a matter under this Power is “despite
any procedure by-law passed by the
municipality.” To that end, there is no
requirement for the Mayor to vacate
the Chair, suspend the rules to
introduce the matter, or for the matter
to be moved or seconded to get it on
the floor.
If this Power was used, the head of
council could add a matter to an
agenda prior to its publication or
introduce a matter at a Meeting for
Council’s consideration.
Once the matter is in front of Council,
the normal rules of procedure to
dispose of the item would apply as
outlined in Attachment #1 and any
proposed amendments or other
No
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Subject: Special Powers and Duties of the Head of Council (Strong Mayor Powers) Page 4
Strong Mayor Power Use of the Power Can the Power be
Delegated?
motions pertaining to the matter would
require a mover and seconder and
would require a majority of Council to
be carried unless otherwise provided
for in the Procedure By-law.
Ability to provide written Veto Powers under this Part of the Act No
notice that the head of apply to by-laws under the Municipal
council intends to veto a by-Act (with the exception of section 290
law if the head is of the pertaining to yearly budgets), the
opinion it could potentially Planning Act and its regulations,
interfere with a prescribed Section 2 of the Development Charges
provincial authority. Act, and any other prescribed Act or
regulation.
To veto a by-law, the head shall
provide notice to Council of the intent
to consider vetoing the by-law.
The notice must be in writing on or
before the earlier of 2 days after the
day Council voted in favour of the by-
law or the prescribed deadline, if any.
If notice was given of the intent to
veto, the by-law is not deemed to have
passed until the earlier of the day the
head gives written approval of the by-
law, or 14 days after the day Council
voted in favour of the by-law.
If no notice was given, the by-law is
not deemed to have passed until the
earlier of the day the head gives
written approval of the by-law, or 2
days after the Council vote in favour of
the by-law.
The full process pertaining to vetoing a
by-law is provided in Attachment #1.
If the Mayor has no intent to veto a by-
law, the standard practice is that a
Mayoral Decision will be signed to that
effect and posted publicly on the
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Subject: Special Powers and Duties of the Head of Council (Strong Mayor Powers) Page 5
Strong Mayor Power Use of the Power Can the Power be
Delegated?
Strong Mayors webpage on the City’s
website. The Mayoral Decision to not
veto a by-law(s) removes the need to
wait for the 2 day waiting period before
the by-laws can be acted upon by the
Administration of the City.
Ability to propose a by-law to Unlike the Power to require Council to No
Council and require Council consider a matter, the use of this
to consider and vote on the Power requires Council to not only
by-law at a Meeting. consider but also to vote on the by-
law.
The head is required to provide a copy
of the by-law and the reasons for it, to
the Clerk and each Member of
Council.
The Act provides that “despite any
procedure by-law passed by the
municipality”, the adoption of the by-
law under this Section of the Act only
requires more than one-third of the
Members of Council to vote in favour
for the by-law to be passed. (This
equates to 3 Members for Pickering
Council). The Mayor is permitted to
take part in the vote on the by-law.
The rules under the Procedure By-law
to defer, refer, or amend a by-law
proposed under this section of the Act
do not apply as Council is required to
vote on the proposed by-law.
It should be noted that if the by-law is
proposed under legislation that
requires certain notice provisions prior
to a by-law being adopted (such as by-
laws under the Planning Act), such
notice requirements would still apply
prior to the by-law being in front of
Council for consideration and voting.
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Subject: Special Powers and Duties of the Head of Council (Strong Mayor Powers) Page 6
Strong Mayor Power Use of the Power Can the Power be
Delegated?
It should also be noted that the head
cannot use its Strong Mayor Powers to
propose a by-law under sections 238
(procedure by-law), 290 (budgets),
and 263 (filling vacancies on Council)
of the Act.
The head shall prepare a
proposed budget to council
for the council’s
consideration.
The budget must be prepared and
provided on or before February 1st
each year and must include the
estimates of sums required under
subsection 290(1) of the Act. The
proposed budget is provided to each
Member of Council, the City Clerk, and
the public.
There are specific timeframes
pertaining to the ability for Council to
propose an amendment(s) to the
budget, as well as specific timeframes
for the Mayor to veto amendment(s)
made by Council. Refer to Attachment
#1 for the complete process and
timelines.
After such timeframes have expired,
either by them being shortened, or the
time period described in the Act
expires, the budget is deemed
adopted by the municipality. A
municipal budget presented under
Strong Mayor Powers does not require
formal approval by way of a Council
resolution.
If the head does not propose a budget
by February 1st, they forfeit their duty
and their Powers to veto amendments
and Council shall prepare and adopt
the budget at a formal Meeting of
Council.
No but the Mayor
forfeits the ability to
prepare and
propose a budget if
the February 1st
timeframe is not
met.
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Subject: Special Powers and Duties of the Head of Council (Strong Mayor Powers) Page 7
Strong Mayor Power Use of the Power Can the Power be
Delegated?
Ability to dismiss/revoke A municipality’s powers pertaining to This Power can be
appointment of, or appoint a the CAO are limited to the delegated but only
CAO, under section 229 of appointment/dismissal of the CAO and to Council.
the Municipal Act. do not include all the administrative
duties that the CAO carries out. Note: The Mayor
has retained this
Power and has not
delegated it to
Council.
Ability to determine the
organizational structure of
the municipality including the
power to hire, dismiss or
exercise any other prescribed
employment powers
respecting the head of any
division or head of any other
part of the organizational
structure.
As provided in the Act, there are
exceptions to the hiring and dismissal
of certain statutory positions being the
Clerk/Deputy Clerk, Treasurer/Deputy
Treasurer, Chief Building Official, Fire
Chief, the Integrity Commissioner, and
the Lobbyist Registrar.
The “prescribed employment powers”
have not yet been identified in the
Regulations.
This Power can be
delegated to
Council or the
CAO.
Note: This Power
has been delegated
to the CAO under
Mayoral Decision
#01-2023.
Ability to appoint chairs and
vice-chairs of prescribed
local boards.
The prescribed local boards have not
yet been identified in the Regulations
therefore this provision is dormant for
the time being.
The ability to
delegate this Power
is silent in the
statute and the
Regulations.
As noted in the draft by-law appended as Attachment #1 to this Report, there are specific
requirements when the Strong Mayor Powers are exercised. Notification to Council, the CAO
and the public is required when the Mayor directs staff to undertake work, or when a Mayoral
Decision is made using the Strong Mayor Powers. To ensure that these processes are
transparent, a dedicated webpage has been created that provides a summary of the Mayor’s
Powers and a listing of all Mayoral Directions and Decisions made to date.
Attachment #1 to Report CLK 09-23 is a proposed Appendix to the Procedure By-law. It is
being recommended with the intention of laying out a road map for circumstances where the
Strong Mayor Powers are utilized, so that Council and the public understand how the process
will be carried out. The intent of the Appendix is not to recommend endorsement or denial of
the Strong Mayor Powers, as the Province has already written these Powers into legislation
and the municipality has no jurisdiction to revoke them. Sections 284.10, 284.11 and 284.11.1
of the Act are expressly created and worded “despite any procedure by-law passed by the
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Subject: Special Powers and Duties of the Head of Council (Strong Mayor Powers) Page 8
municipality”. It is therefore important to provide some structure around their use for the sake
of efficiency and consistency at Committee or Council Meetings.
It should be noted that despite the power of City Council to approve the Procedure By-law,
Council does not have the authority to amend or approve any by-law that does not align with
provincial legislation. The new Appendix to the Procedure By-law which outlines the Strong
Mayor Powers and how they may be used, is compliant with all applicable provincial
legislation.
It should be further noted that Section 284.14 of the Act provides that a decision made, or a
veto power or other power exercised legally and in good faith under the Strong Mayor Powers
shall not be quashed or open to review in whole or in part by any court because of the
unreasonableness or supposed unreasonableness of the decision or exercise of the veto
power or other power. The Mayor is the only individual who can determine whether the Strong
Mayor Powers should be utilized and whether it pertains to the prescribed Provincial Priorities.
There is no appeal process if a Member of Council, staff or the public disagrees with the use of
the Power, and the provisions under the Procedure By-law to appeal the decision of the Chair,
do not apply to the use of the Strong Mayor Powers.
This report is presented to provide an overview of the Strong Mayor Powers imposed on the
City of Pickering and to provide an understanding of the Powers should they be exercised at a
future meeting(s). Staff are recommending the adoption of an amendment to the Procedure
By-law to provide guidance and consistency should any of the Powers be exercised during a
Meeting of a Standing Committee or Council.
Attachments:
1. Draft By-law to Amend Procedure By-law 8019/23
2. Excerpt from the Municipal Act – Part VI.1, Special Powers and Duties of the Head of
Council
3. Ontario Regulation 530/22
4. Ontario Regulation 580/22
Prepared By: Approved/Endorsed By:
Original Signed By: Original Signed By:
Susan Cassel
City Clerk
Paul Bigioni
Director, Corporate Services & City
Solicitor
SC:sc
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Subject: Special Powers and Duties of the Head of Council (Strong Mayor Powers) Page 9
Recommended for the consideration
of Pickering City Council
Original Signed By:
Marisa Carpino, M.A.
Chief Administrative Officer
Attachment #1 to Report CLK 09-23
The Corporation of the City of Pickering
By-law No. XXXX/23
Being a by-law to amend Procedure By-law 8019/23, being a
by-law to govern the proceedings of Council, any of its
Committees, the conduct of its Members, and the calling of
Meetings
Whereas subsection 238(2) of the Municipal Act, 2001, S.O. 2001, c.25, (the “Act”), provides
that every municipality shall pass a procedure by-law for governing the calling, place and
proceedings of meetings;
And Whereas Procedure By-law #8019/23 was enacted by Council on June 26, 2023;
And Whereas on September 8, 2022 and December 8, 2022, the Act was amended by Bill 3,
Strong Mayors, Building Homes Act, 2022, and Bill 39, Better Municipal Governance Act, 2022
respectively, to grant special powers and duties to the Head of Council;
And Whereas on July 1, 2023, the Act was further amended through O. Reg. 530/22, to grant
the Heads of Council in 26 additional municipalities such special powers and duties, including
the Head of Council for the City of Pickering;
And Whereas the exercise of these special powers impact certain provisions of the Procedure
By-law;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows:
1.That By-law #8019/23 be amended by adding the attached Schedule “A” which shall
form part of the By-law;
By-law passed this 23rd day of October, 2023.
________________________________
Kevin Ashe, Mayor
________________________________
Susan Cassel, City Clerk
By-law No. XXXX/23 Page 2
Schedule “A”
Attached to and forming part of By-law #8019/23
The following excerpts from the Municipal Act (the “Act”), pertaining to the exercise of the
Special Powers and duties provided to the Mayor as the Head of Council for the City of
Pickering, and the provisions that follow, are provided to inform Council and the public on the
process to be carried out when the Special Powers are utilized. These Special Powers,
commonly referred to as “Strong Mayor Powers”, are exercised under provincial legislation and
take precedence over the normal rules of procedure outlined in this By-law, where applicable.
1.Directions to municipal employees
Excerpt from the Municipal Act:
284.3 For the purposes of exercising powers or performing duties under this Part, the head
of council may, in writing, exercise the powers of the municipality to direct municipal
employees to,
(a)undertake research and provide advice to the head of council and the municipality
on policies and programs of the municipality or of the head of council as they relate
to the powers and duties under this Part; and
(b)carry out duties related to the exercise of the power or performance of the duty,
including implementing any decisions made by the head of council under this Part.
Procedural Provisions:
1.1 Should the Powers granted under section 284.3 of the Act be exercised,
Section 27.02 of this By-law that requires direction to staff to be in the form of
a motion shall not apply to the Mayor.
1.2 Direction to staff under the Strong Mayor Powers shall be in writing through a
Mayoral Direction and provided to the Clerk and the CAO by the next
business day for circulation to all Members of Council, and posting on the
City’s website.
1.3 Direction to staff by the Mayor under this power to undertake research and
provide advice, may include but are not limited to direction that staff report
back and/or bring forward recommendations on a particular matter.
1.4 In these instances, staff may bring forward a Recommendation Report which
shall be presented to the appropriate Standing Committee or Council, in
accordance with the provisions of this By-law.
1.5 Should there be a By-law associated with the staff report and the Mayor
indicates that the proposed By-law is being presented in accordance with
subsection 284.11.1 of the Act, this will be indicated in the staff report and on
the Council agenda in which the By-law is being presented.
1.6 In accordance with subsection 284.11.1(2) of the Act, Council is required to
consider and vote on a By-law presented by the Mayor under the Strong
Mayor Powers, and the By-law requires only one-third of the Members of
Council (3 Members) to be adopted. See Section 5 of Schedule “A” for further
details.
2.Powers regarding committees
Excerpt from the Municipal Act:
284.8 Subject to the regulations, if any, the following powers of the municipality with
respect to prescribed committees, or committees within a prescribed class of committees,
are assigned to the head of council:
1.The power to establish or dissolve committees.
2.The power to appoint chairs and vice-chairs of committees.
3.The power to assign functions to committees.
Procedural Provisions:
2.1 The Powers provided under subsection 284.8, and in accordance with O. Reg.
530/22, relate only to those committees that consist solely of Members of
Council. For the City of Pickering, the only Committees comprised solely of
Members of Council are the City’s two Standing Committees, the Executive
Committee and the Planning & Development Committee. The Powers do not
apply to the City’s Advisory Committees, Boards, or Taskforces.
2.2 Under the Act, the Mayor may choose to delegate these Powers, and if
delegated, they may only be delegated to Council.
2.3 If the Mayor has delegated this Power to Council, the establishment, function and
appointment of the Chairs of the Standing Committees are carried out in
accordance with Sections 05.03 and 07.03 of this By-law which may be repealed,
replaced or amended by Council from time to time.
3.Powers regarding meetings
Excerpt from the Municipal Act:
284.10 (1) Despite any procedure by-law passed by the municipality under subsection 238
(2), if the head of council is of the opinion that considering a particular matter could
potentially advance a prescribed provincial priority, the head of council may require the
council to consider the matter at a meeting.
Procedural Provisions:
3.1 Under subsection 284.10(2) of the Act, “meeting” has the same meaning as in
subsection 238(1) of the Act and “Meeting” has the same meaning in this By-law.
3.2 The manner in which a matter may be brought forward by the Mayor under this
section is not prescribed in the Act.
3.3 The matter could be verbal or written, and Council is required to consider the
matter, which would occur at a Standing Committee or Council Meeting. Despite
the provisions of this By-law, a matter introduced by the Mayor under their
Page 3By-law No. XXXX/23
Page 4
Special Powers shall be heard under the “Matters for Consideration” section of a
Standing Committee or Special Council agenda or the “New and Unfinished
Business” section of a Council Agenda. If the matter is provided to the Clerk prior
to the publication of an agenda, the Clerk shall place the matter on the agenda
as noted above. Should the Mayor bring forward a matter for Council’s
consideration at a Standing Committee Meeting, the matter would be presented
to the subsequent Council Meeting as part of that Standing Committee Report in
accordance with Section 16 of this By-law.
3.4 As stated in the Act, the matter may be introduced despite any procedure by-law
adopted by the municipality, and therefore Section 17.02 of this By-law shall not
apply and there is no requirement for the Mayor to obtain the approval of Two-
Thirds of the Members of Council present at a Meeting to introduce the matter. If
using this power, the Mayor is also not obligated to follow the process outlined in
Section 18 of this By-law as it pertains to Notices of Motion.
3.5 This special power allows for the Mayor to require Council to consider a matter,
however, the disposal of the matter would be by way of a vote of Council and
would require a majority of the members present at the Meeting to pass unless
otherwise provided in this By-law.
3.6 Despite Section 27.01 of this By-law, the matter being presented by the Mayor
under the Special Powers is not required to have a mover or seconder and shall
be voted on at the request of the Mayor.
3.7 Despite section 3.6 above, and upon such time that the matter is before Council,
the normal rules of procedure contained in this By-law shall apply. Any attempts
to amend a matter proposed by the Mayor or propose a motion to refer or defer
the matter shall require a mover and seconder and a majority vote of the
Members present to pass unless otherwise provided in this By-law.
4.Veto powers
Excerpt from the Municipal Act:
284.11 (1) This section applies with respect to by-laws under,
(a)this Act and the regulations, other than under any prescribed section;
(b)the Planning Act and its regulations, other than any prescribed section; and
(c)any other prescribed Act or regulation or prescribed section of an Act or regulation.
(2)Despite any procedure by-law passed by the municipality under subsection 238 (2) and
subject to subsection (3) of this section, if the head of council is of the opinion that all or
part of a by-law that is subject to this section could potentially interfere with a prescribed
provincial priority, the head of council may provide written notice to the council of the intent
to consider vetoing the by-law.
Procedural Provisions:
4.1 At each Regular or Special Meeting of Council, the Mayor will be provided with a
Mayoral Decision document indicating that they will not be using their power to
veto any of the by-laws adopted at that Meeting, including the Confirmatory By-
By-law No. XXXX/23
law. Once this Mayoral Decision is signed and submitted to the Clerk, all by-laws
adopted at the Meeting are deemed to be passed.
4.2 If the Mayor chooses not to sign the Mayor Decision, or decides to exercise the
special power of vetoing a By-law, the Mayor shall, in accordance with the Act,
provide the intent to veto in a written veto document after the Meeting in which
the By-law(s) was passed.
4.3 The Act requires the Mayor to give written notice of their intent to veto a by-law
on or before the earlier of 2 days after the day Council voted in favour of the by-
law.
4.4 The written intent to veto a By-law shall be provided to the Clerk, the CAO, all
Members of Council, and posted publicly on the City’s website.
4.5 After the Mayor provides notice of their intent to veto a By-law, the Mayor has 14
days after the day Council voted in favour of the by-law to provide the Clerk with
a written veto document.
4.6 The written veto document must include the veto and the reasons for the veto.
4.7 The Clerk shall provide the veto document to all Members of Council, the CAO,
and the public, by the next business day after it is received.
4.8 If the Mayor vetoes a by-law, the by-law is deemed not to have been passed by
Council.
4.9 Use of the veto Powers to veto a confirmatory by-law shall not negate all other
proceedings or items that were adopted under such by-law except those that in
the opinion of the Mayor could potentially interfere with a prescribed provincial
priority. In such cases, all other matters aside from the one being vetoed, that
were confirmed under the Confirmatory By-law for that Meeting, shall be carried
out.
4.10 Within 21 days after the day the Clerk provides the written veto document to
Council, the CAO, and the public, Council may override the Mayor’s veto if Two-
Thirds of the Members of Council vote in favour of the override. Note: the
legislation does not refer to Members of Council present and voting, but
Members of Council as a whole. Two-Thirds of the total number of Members of
Council equates to 5 of the 7 Members of Pickering Council.
4.11 The Mayor may vote as a Member of Council in a vote to override a veto.
4.12 If the override of the Mayor’s veto passes by the required Two-Thirds majority
vote, the by-law shall be deemed to have passed on the day the Council votes to
override the veto.
4.13 If the Mayor’s veto is not overridden, the by-law shall be deemed not to have
been passed by Council, and it shall be indicated as such on the By-law for
record keeping purposes.
4.14 If any of the timelines noted above expire, (e.g. the 2 days for the Mayor to give
intent to veto, or the 14 days whereby the veto and the reasons for the veto are
to be given to the Clerk), the Mayor may not exercise their power to veto the By-
law, and the By-law is deemed to be adopted by the municipality on the day after
the respective timeline has expired.
4.15 Should Members of Council wish to attempt to override the Mayor’s veto of a By-
law, the matter would be carried out at a Special Meeting of Council. The calling
of such Special Meeting would be either by the Mayor, or by way of a petition of a
majority of the Members of Council in accordance with Section 05.04 of this By-
law.
Page 5 By-law No. XXXX/23
Page 6
4.16 The Clerk shall have the authority to amend the effective date of a by-law if
necessary, should the Mayor exercise their power to veto the by-law and/or
Council successfully overrides the Mayor’s veto.
5.Powers regarding by-laws
Excerpt from the Municipal Act:
284.11.1 (1) This section applies with respect to by-laws under,
(a)this Act and the regulations, other than under any prescribed section;
(b)the Planning Act and its regulations, other than under any prescribed section; and
(c)any other prescribed Act or regulation or prescribed section of an Act or regulation.
(2)Despite any procedure by-law passed by the municipality under subsection 238 (2) and
subject to any prescribed requirements, if the head of council is of the opinion that a by-law
could potentially advance a prescribed provincial priority, the head of council may propose
the by-law to the council and require the council to consider and vote on the proposed by-
law at a meeting.
(3)The head of council shall, in accordance with the regulations, provide to the clerk and to
each member of council,
(a)a copy of any by-law proposed under subsection (2); and
(b)the head of council’s reasons for the proposal.
(4)Despite any procedure by-law passed by the municipality under subsection 238 (2) and
despite section 245, a by-law described in subsection (2) is passed if more than one third of
the members of council vote in favour of the by-law.
(5)For greater certainty, the head of council may vote as a member of council in a vote to
pass a by-law described in subsection (2).
Procedural Provisions:
5.1 Subsection 284.11.1 provides a special power for the Mayor to propose a by-law
if in their opinion, it could potentially advance a prescribed provincial priority as
described in O. Reg. 580/22.
5.2 In such instances, the Act requires that Council not only consider the by-law, but
that they must vote on the proposed by-law.
5.3 In introducing a By-law, the Mayor must provide a copy of the by-law to the Clerk
and all Members of Council along with the reasons for its proposal.
5.4 If the by-law can be provided to the Clerk prior to a Council Meeting, the Clerk
shall include the proposed By-law on the appropriate Council agenda under the
By-laws section with a notation that the By-law is being introduced under
subsection 284.11.1 of the Act.
5.5 A by-law introduced under this special power is passed if more than one-third of
the Members of Council vote in favour of the by-law. Despite Section 27.01 of
By-law No. XXXX/23
this By-law, there is no requirement for the By-law to be moved or seconded prior
to it going to a vote. The Council shall vote on the proposed by-law at the request
of the Mayor.
5.6 As noted above in Section 4, Veto Powers, the legislation does not refer to
Members of Council present and voting, but Members of Council as a whole.
This results in the need for at least 3 of the 7 Members of Pickering Council to
vote in favour of passing the by-law.
5.7 The Mayor may vote as a Member of Council in a vote to adopt a by-law
proposed under this section of the Act.
5.8 Despite the need for only one-third of the Members to vote in favour of the by-
law, the by-law must still be considered at a proper Meeting of Council which
requires the need to obtain quorum to hold such meeting (4 of 7 Members).
5.9 Section 19.01 of this By-law shall not apply to by-laws introduced by the Mayor
under the Strong Mayor Powers. In order that the minimum one-third vote can be
ascertained to pass a by-law introduced under this section of the Act, the by-law
shall be voted on separately.
5.10 Sections 19.02 and 19.03 of this By-law shall apply to all by-laws passed at a
Meeting of Council, however, prior to the by-law being signed by the Mayor and
the Clerk and sealed with the seal of the Corporation, it is not considered to have
passed until such time that a Mayoral Decision to not exercise the Mayor’s ability
to veto the by-law(s) has been signed by the Mayor, or the mandatory two days
for the Mayor to give notice of their intent to veto the by-law(s) following the date
of the Council resolution approving the by-law(s) has passed.
5.11 The Special Powers under this section of the Act do not apply to by-laws under
Sections 238 (Procedure By-law), 290 (yearly budget for local municipalities),
and 263 (filling vacancies on Council) of the Act.
5.12 A by-law presented under the Strong Mayor Powers cannot be deferred, referred,
tabled, or amended and until a vote is taken on the by-law, a motion to adjourn
would not be in order.
5.13 The Clerk shall have the authority to amend the effective date of a by-law if
necessary, should there be a need to wait for the mandatory two days for the
Mayor to give notice of their intent to veto the by-law.
6.Immunity
Excerpt from the Municipal Act:
284.14 A decision made, or a veto power or other power exercised, legally and in good
faith under this part shall not be quashed or open to review in whole or in part by any court
because of the unreasonableness or supposed unreasonableness of the decision or
exercise of the veto power or other power.
Procedural Provisions:
6.1 Throughout the parts of the Act pertaining to Strong Mayor Powers, there are
instances that speak to the use of the Powers if the Head of Council is of the
opinion that it could advance or interfere with the Provincial Priorities as set out in
O. Reg. 580/22.
Page 7 By-law No. XXXX/23
Page 8
6.2 The Mayor as the Head of Council is the only individual who can decide how and
when to exercise the Special Powers and there is no appeal process if a member
of the public, staff or Council disagrees.
6.3 Section 24.13 of this By-law, Appeal of Decision of Chair, shall not apply to the
Mayor’s decision to bring forward a matter or by-law in accordance with the
provisions of the Special Powers under the Act.
7.Powers and duties regarding budget
Excerpt from the Municipal Act:
284.16 (1) In accordance with this section and subject to the regulations, the powers and
duties of a municipality with respect to proposing and adopting a budget are assigned to
the head of council of the municipality.
(2)The head of council shall, in accordance with the regulations, prepare a proposed
budget for the municipality and provide the proposed budget to the council for the council’s
consideration.
Procedural Provisions:
7.1 In order to exercise the Special Powers relating to preparing and proposing a
budget, the budget must be provided to all Members of Council, the Clerk and
the public on or before February 1st of each year. The direction for staff to
prepare the budget for the Mayor’s consideration, shall be communicated by way
of a Mayoral Direction that shall be provided to Members of Council, the CAO,
the Clerk, and posted publicly on the City’s website.
7.2 Should the Mayor not exercise their Powers to prepare and propose a budget by
February 1st, they lose their Powers to veto any budget recommendations/
decisions adopted by Council.
7.3 Should the Mayor have a conflict under the Municipal Conflict of Interest Act
(MCIA) on a part of the budget, they are prohibited from using their Special
Powers with respect to the matter in which they have the conflict. In these
instances, Council would have control over the section of the budget in which the
Mayor declares a conflict and Council may dispose of that section of the budget
as it deems appropriate and the Mayor cannot veto the resolution in which they
have declared a conflict.
7.4 It should be noted that if the Mayor intends on using this Special Power to
propose and prepare the annual budget, and the budget is provided in
accordance with the Act on or before February 1st, Section 05.03 c) of this By-law
pertaining to the Executive Budget Meeting shall not apply and there is no
requirement under the Act for the budget to be adopted by Council.
7.5 Upon notice from the Mayor that they will utilize their Special Powers to prepare
and propose an annual budget, the Clerk shall not include the Executive
Committee Budget dates on the annual Committee and Council Meeting
Schedule as outlined in Section 05.03 c). If the notice from the Mayor occurs
after the annual Meeting Schedule has been adopted, it shall be understood that
the Executive Committee budget dates included on the Schedule will not take
By-law No. XXXX/23
place and notice shall be provided to Council to cancel the Meeting in
accordance with Section 06.03 of this By-law.
7.6 After receiving the proposed budget, and within 30 days, Council may pass a
resolution to make an amendment(s) to the proposed budget. The 30-day time
frame may be shortened by a resolution of the majority of the Members of
Council at a Meeting.
7.7 Members of Council looking to bring forward an amendment(s) to the budget
shall consult with the Director, Finance & Treasurer to understand the financial
impacts of the proposed amendment(s).
7.8 The amendment(s) would be considered and disposed of at a Special Meeting of
Council called either by the Mayor, or by way of a petition of a majority of the
Members of Council in accordance with Section 05.04 of this By-law.
Amendments to the proposed budget would require a majority vote of the
Members present and voting to be carried.
7.9 If Council does not propose an amendment within 30 days of receiving the
proposed budget, the budget is deemed to be adopted by the municipality.
7.10 If a Special Meeting is held to consider amendment(s) to the budget, after such
Meeting, the Mayor may veto the resolution(s).
7.11 To exercise this special power of vetoing a budget resolution(s), the Mayor must,
within 10 days after the expiry of the time period for Council to pass a resolution
to amend the budget, or the shortened timeframe approved by Council, provide a
written veto document that includes the veto and the reasons for the veto. The
veto document shall be provided to the Clerk, CAO, and each Member of
Council. The 10-day timeframe may be shortened by the Mayor if provided in
writing through a Mayoral Decision which shall be provided to each Member of
Council, the CAO, and the Clerk and posted publicly on the City’s website.
7.12 If the Mayor vetoes a budget resolution, the resolution shall be deemed not to
have been passed by Council. If the Mayor does not veto a budget resolution,
within 10 days, or the shorter period if set by the Mayor, the resolution stands
and the amended budget is deemed adopted by the municipality.
7.13 In accordance with the Act, and if the Mayor exercises their right to veto, the veto
may be overridden if Two-Thirds of the Members of Council (5 Members) vote to
override it. A resolution to override the Mayor’s veto must be done within 15 days
after the expiry of the time period for the Mayor to veto a budget resolution, or the
shortened timeframe as the case may be.
7.14 The 15-day timeframe may be shortened by resolution of the majority of the
Members of Council at a Meeting.
7.15 The attempt to override a veto of a budget resolution would be carried out at a
Special Meeting of Council which would be called either by the Mayor or by way
of a petition of a majority of the Members of Council in accordance with Section
05.04 of this By-law. As noted in earlier sections of this Schedule, the legislation
does not refer to Members present and voting, but Members of Council as a
whole. To obtain the required Two-Thirds vote, 5 of the 7 Members of Pickering
Council would need to vote in favour to override the Mayor’s veto. The Mayor
may vote as a Member of Council in a vote to override a veto.
7.16 If the veto of a resolution to amend the budget is not successfully overridden by
Council, the budget is deemed to be adopted and the resolution to amend the
budget shall be deemed not to have been passed by Council.
Page 9 By-law No. XXXX/23
Page 10
8.General
a)The use of the Special Powers and duties of the Mayor pertaining to the requirement for
Council to consider a matter, consider and vote on a by-law, or to veto a by-law, are to
be in keeping with the Provincial Priorities set out in O. Reg. 580/22.
b)In accordance with Section 27.12 a) of this By-law, suspension of the rules does not
apply to the use of the Strong Mayor Powers.
c)If the Mayor exercises a power or performs a duty under the Special Powers of the Act,
they shall do so in accordance with the Regulations.
d)In the spirit of transparency, all Mayoral Directions and Decisions shall be posted
publicly on the City’s website subject to any exceptions under the Municipal Freedom of
Information and Protection of Privacy Act (MFIPPA).
e)The Mayor may delegate their Powers and duties with respect to the Chief
Administrative Officer and Committees only to Council.
f)The Mayor may delegate their Powers and duties with respect to the organizational
structure of the municipality to Council or the Chief Administrative Officer if one is
appointed.
g)Should the Mayor be in the Chair, and wish to utilize their Special Powers to introduce a
matter, they are not required to vacate the Chair as outlined in Section 03.02 j) of this
By-law.
h)The additional Powers and duties bestowed upon the Head of Council under the Act are
not transferable and do not apply to a Deputy Mayor, Acting Mayor, or any other
Member of Council as the case may be.
i)Should a vacancy occur in the Office of the Head of Council, in accordance with the Act,
the vacancy shall be filled through a by-election under the Municipal Elections Act and
the Strong Mayor Powers would then be afforded to the newly elected Head of Council.
j)Notwithstanding clause i) above, if the vacancy occurs after March 31st in the year of a
regular election, the municipality shall fill the vacancy by appointing a person who has
consented to accept the office if appointed. The Special Powers and duties in this
instance shall not be given to the newly appointed Mayor or to the Council, and are
therefore not allowed to be exercised until a new head of council is duly elected in the
next regular election.
By-law No. XXXX/23
Attachment #2 to CLK 09-23
Municipal Act, 2001
S.O. 2001, CHAPTER 25
Consolidation Period: From June 8, 2023 to the e-Laws currency date.
Last amendment: 2023, c. 10, Sched. 5.
PART VI.1
SPECIAL POWERS AND DUTIES OF THE HEAD OF COUNCIL
Application
284.2 The Minister may, by regulation, designate municipalities to which this Part
applies. 2022, c. 18, Sched. 2, s. 1.
Section Amendments with date in force (d/m/y)
Directions to municipal employees
284.3 For the purposes of exercising powers or performing duties under this Part, the
head of council may, in writing, exercise the powers of the municipality to direct
municipal employees to,
(a)undertake research and provide advice to the head of council and the
municipality on policies and programs of the municipality or of the head of council
as they relate to the powers and duties under this Part; and
(b)carry out duties related to the exercise of the power or performance of the duty,
including implementing any decisions made by the head of council under this
Part. 2022, c. 18, Sched. 2, s. 1.
Section Amendments with date in force (d/m/y)
In writing
284.4 (1) If the head of council exercises a power or performs a duty under this Part, the
head of council shall do so in writing and in accordance with the regulations, if any.
2022, c. 18, Sched. 2, s. 1.
Making information available
(2)The head of council shall, in accordance with the regulations, make any prescribed
information and documents available to the public and to any other prescribed persons
or classes of persons. 2022, c. 18, Sched. 2, s. 1.
Section Amendments with date in force (d/m/y)
Powers re chief administrative officer
284.5 The powers of a municipality under section 229, with respect to the chief
administrative officer, are assigned to the head of council. 2022, c. 18, Sched. 2, s. 1.
Section Amendments with date in force (d/m/y)
Powers re organizational structure
284.6 (1) Subject to subsection (3), the powers of the municipality with respect to
determining the organizational structure of the municipality are assigned to the head of
council. 2022, c. 18, Sched. 2, s. 1.
Employment matters
(2)Subject to subsection (3) and the regulations, subsection (1) includes the power to
hire, dismiss or exercise any other prescribed employment powers with respect to the
head of any division or the head of any other part of the organizational structure. 2022,
c. 18, Sched. 2, s. 1.
Limitation
(3)The powers assigned under subsection (1) do not include the power to hire, dismiss
or exercise any other prescribed employment powers with respect to any of the
following persons:
1.The clerk or deputy clerk.
2.A treasurer or deputy treasurer.
3.An Integrity Commissioner.
4.An Ombudsman.
5.An Auditor General.
6.A registrar, as described in section 223.11.
7.A chief building official, as defined in the Building Code Act, 1992.
8.A chief of police, as defined in the Police Services Act.
9.A fire chief, as defined in the Fire Protection and Prevention Act, 1997.
10.A medical officer of health, as defined in the Health Protection and Promotion
Act.
11.Other officers or heads of divisions required to be appointed under this or any
other Act.
12.Any other prescribed persons. 2022, c. 18, Sched. 2, s. 1.
Transition
(4)Any organizational structure in place in a municipality immediately before being
designated under this Part shall continue unless the organizational structure is changed
by the head of council under subsection (1). 2022, c. 18, Sched. 2, s. 1.
Same
(5)The head of any division or of any other part of the organizational structure who held
that position immediately before the municipality was designated under this Part shall
continue in that position unless they are dismissed by the head of council under
subsection (2). 2022, c. 18, Sched. 2, s. 1.
Same
(6)A head of council may exercise a power under subsection (2) with respect to a
person regardless of when that person started their employment. 2022, c. 18, Sched. 2,
s. 1.
Section Amendments with date in force (d/m/y)
Powers re local boards
284.7 The power of the municipality to appoint chairs and vice-chairs of local boards is
assigned to the head of council for any prescribed local board or local board within a
prescribed class of local boards. 2022, c. 18, Sched. 2, s. 1.
Section Amendments with date in force (d/m/y)
Powers re committees
284.8 Subject to the regulations, if any, the following powers of the municipality with
respect to prescribed committees, or committees within a prescribed class of
committees, are assigned to the head of council:
1.The power to establish or dissolve committees.
2.The power to appoint chairs and vice-chairs of committees.
3.The power to assign functions to committees. 2022, c. 18, Sched. 2, s. 1.
Section Amendments with date in force (d/m/y)
Provincial priorities
284.9 (1) The Lieutenant Governor in Council may, by regulation, prescribe provincial
priorities for the purposes of sections 284.10, 284.11 and 284.11.1. 2022, c. 18, Sched.
2, s. 1; 2022, c. 24, Sched. 3, s. 5 (1).
Same
(2) For greater certainty, sections 284.10, 284.11 and 284.11.1 only apply if the
Lieutenant Governor in Council prescribes provincial priorities. 2022, c. 18, Sched. 2, s.
1; 2022, c. 24, Sched. 3, s. 5 (2).
Section Amendments with date in force (d/m/y)
Powers re meetings
284.10 (1) Despite any procedure by-law passed by the municipality under subsection
238 (2), if the head of council is of the opinion that considering a particular matter could
potentially advance a prescribed provincial priority, the head of council may require the
council to consider the matter at a meeting. 2022, c. 18, Sched. 2, s. 1; 2022, c. 24,
Sched. 3, s. 6.
Interpretation
(2) In this section,
“meeting” has the same meaning as in subsection 238 (1). 2022, c. 18, Sched. 2, s. 1.
Section Amendments with date in force (d/m/y)
Veto powers
Application
284.11 (1) This section applies with respect to by-laws under,
(a) this Act and the regulations, other than under any prescribed section;
(b) the Planning Act and its regulations, other than any prescribed section; and
(c) any other prescribed Act or regulation or prescribed section of an Act or
regulation. 2022, c. 18, Sched. 2, s. 1.
By-law for consideration
(2) Despite any procedure by-law passed by the municipality under subsection 238 (2)
and subject to subsection (3) of this section, if the head of council is of the opinion that
all or part of a by-law that is subject to this section could potentially interfere with a
prescribed provincial priority, the head of council may provide written notice to the
council of the intent to consider vetoing the by-law. 2022, c. 18, Sched. 2, s. 1; 2022, c.
24, Sched. 3, s. 7.
Same, timing
(3) If the head of council intends to consider vetoing the by-law, the head of council
shall provide the written notice described in subsection (2) on or before the earlier of
two days after the day council voted in favour of the by-law or the prescribed deadline, if
any. 2022, c. 18, Sched. 2, s. 1.
By-law commencement
(4) Despite any other Act, a by-law that is subject to this section shall be deemed not to
have been passed by council until,
(a) if notice has not been given under subsection (3), the earlier of,
(i) the day written approval of the by-law is given by the head of council to the
municipality, and
(ii) two days after the day council voted in favour of the by-law or the prescribed
deadline, as the case may be; or
(b) if notice has been given under subsection (3), the earlier of,
(i) the day written approval of the by-law is given by the head of council to the
municipality, and
(ii) 14 days, or such other prescribed time period, after the day the council voted
in favour of the by-law. 2022, c. 18, Sched. 2, s. 1.
Veto powers
(5) Subject to subsection (6), if the head of council is of the opinion that all or part of the
by-law could potentially interfere with a prescribed provincial priority, the head of council
may veto the by-law by providing to the clerk, on the day of the veto, a written veto
document that includes the veto and the reasons for the veto. 2022, c. 18, Sched. 2, s.
1; 2022, c. 24, Sched. 3, s. 7.
Same, timing
(6) The head of council shall not veto a by-law after giving approval under subclause (4)
(b) (i) or after the expiry of the time period described in subclause (4) (b) (ii), as the case
may be. 2022, c. 18, Sched. 2, s. 1.
Duties of clerk
(7) If the head of council vetoes a by-law the clerk shall,
(a) by the next business day after the clerk receives the written veto document under
subsection (5), provide each member of council, other than the head of council, a
copy of the written veto document; and
(b) make the written veto document available to the public in accordance with the
regulations, if any. 2022, c. 18, Sched. 2, s. 1.
Effect of veto
(8) If the head of council vetoes a by-law, clause (4) (b) does not apply and the by-law
shall be deemed not to have been passed by council. 2022, c. 18, Sched. 2, s. 1.
Override of veto
(9) Within 21 days, or such other prescribed time period, after the day the clerk provides
the written veto document to the members of council under clause (7) (a), council may
override the head of council’s veto if two-thirds of the members of council vote to
override the veto. 2022, c. 18, Sched. 2, s. 1.
Head of council may vote
(10) For greater certainty, the head of council may vote as a member of council in a
vote to override a veto. 2022, c. 18, Sched. 2, s. 1.
Effect of override
(11) If the council overrides the veto, subsection (8) does not apply and the by law shall
be deemed to have passed on the day the council votes to override the veto. 2022, c.
18, Sched. 2, s. 1.
No notice
(12) The head of council shall not give notice under subsection (3) after giving approval
under subclause (4) (a) (i). 2022, c. 18, Sched. 2, s. 1.
Section Amendments with date in force (d/m/y)
Powers re by-laws
284.11.1 (1) This section applies with respect to by-laws under,
(a) this Act and the regulations, other than under any prescribed section;
(b) the Planning Act and its regulations, other than under any prescribed section;
and
(c) any other prescribed Act or regulation or prescribed section of an Act or
regulation. 2022, c. 24, Sched. 3, s. 8.
Procedure
(2) Despite any procedure by-law passed by the municipality under subsection 238 (2)
and subject to any prescribed requirements, if the head of council is of the opinion that a
by-law could potentially advance a prescribed provincial priority, the head of council
may propose the by-law to the council and require the council to consider and vote on
the proposed by-law at a meeting. 2022, c. 24, Sched. 3, s. 8.
Same
(3) The head of council shall, in accordance with the regulations, provide to the clerk
and to each member of council,
(a) a copy of any by-law proposed under subsection (2); and
(b) the head of council’s reasons for the proposal. 2022, c. 24, Sched. 3, s. 8.
More than one-third vote required
(4) Despite any procedure by-law passed by the municipality under subsection 238 (2)
and despite section 245, a by-law described in subsection (2) is passed if more than
one third of the members of council vote in favour of the by-law. 2022, c. 24, Sched. 3,
s. 8.
Head of council may vote
(5) For greater certainty, the head of council may vote as a member of council in a vote
to pass a by-law described in subsection (2). 2022, c. 24, Sched. 3, s. 8.
Section Amendments with date in force (d/m/y)
Vacancy, head of council
284.12 (1) Despite section 263, if a vacancy occurs in the office of the head of council,
the municipality shall, subject to subsection (3) and in accordance with the regulations,
if any, require a by-election to be held, in accordance with the Municipal Elections Act,
1996, to fill the vacancy. 2022, c. 18, Sched. 2, s. 1.
Rules applying to filling vacancy
(2) Subject to subsection (3) and the regulations, if any, the following rules apply to
filling a vacancy in the office of head of council:
1. Within 60 days after the day a declaration of vacancy is made under section 262
with respect to the vacancy, the municipality shall pass a by-law requiring a by-
election be held to fill the vacancy.
2. Despite paragraph 1, if a court declares the office of head of council to be vacant,
the council shall act under subsection (1) within 60 days after the court makes its
declaration.
3. Despite subsection (1), if the vacancy occurs within 90 days before voting day of a
regular election, the municipality is not required to fill the vacancy. 2022, c. 18,
Sched. 2, s. 1.
Vacancy after March 31 in the year of a regular election
(3) Subject to the regulations, if any, if a vacancy in the office of head of council occurs
after March 31 in the year of a regular election,
(a) within 60 days after the day a declaration of vacancy is made under section 262
with respect to the vacancy, the municipality shall fill the vacancy by appointing a
person who has consented to accept the office if appointed; and
(b) the municipality is deemed not to be prescribed for the purposes of this Part for
the remainder of the term of the head of council appointed under clause (a).
2022, c. 18, Sched. 2, s. 1.
Vacancy — upper-tier municipalities
(4) The Minister may, by regulation, prescribe the procedures, rules and other matters
pertaining to vacancies in upper-tier municipalities that will apply despite anything in this
section. 2022, c. 18, Sched. 2, s. 1.
Section Amendments with date in force (d/m/y)
Delegation
284.13 (1) Subject to the prescribed limitations, if any, the head of council may delegate
their powers and duties under the following sections:
1. Section 284.5 (chief administrative officer).
2. Section 284.6 (organizational structure).
3. Section 284.7 (local boards).
4. Section 284.8 (committees). 2022, c. 18, Sched. 2, s. 1.
Same
(2) The rules in subsection 23.1 (2) apply with necessary modifications to a delegation
under subsection (1). 2022, c. 18, Sched. 2, s. 1.
Section Amendments with date in force (d/m/y)
Immunity
284.14 A decision made, or a veto power or other power exercised, legally and in good
faith under this part shall not be quashed or open to review in whole or in part by any
court because of the unreasonableness or supposed unreasonableness of the decision
or exercise of the veto power or other power. 2022, c. 18, Sched. 2, s. 1.
Section Amendments with date in force (d/m/y)
Transition
284.15 (1) A person who held one of the following positions immediately before the
municipality was designated under this Part shall continue in that position unless they
are dismissed or their appointment is revoked, as the case may be, by a head of
council:
1. Chief administrative officer.
2. Chair or vice-chair of a local board.
3. Chair or vice-chair of a committee. 2022, c. 18, Sched. 2, s. 1.
Same
(2) A head of council may dismiss or revoke the appointment of a person set out in
subsection (1) regardless of when that person started in their position. 2022, c. 18,
Sched. 2, s. 1.
Section Amendments with date in force (d/m/y)
Powers and duties re. budget
284.16 (1) In accordance with this section and subject to the regulations, the powers
and duties of a municipality with respect to proposing and adopting a budget are
assigned to the head of council of the municipality. 2022, c. 18, Sched. 2, s. 1.
Proposed budget
(2) The head of council shall, in accordance with the regulations, prepare a proposed
budget for the municipality and provide the proposed budget to the council for the
council’s consideration. 2022, c. 18, Sched. 2, s. 1.
Council may adopt or amend budget
(3) After receiving the proposed budget, council may, in accordance with the
regulations, pass a resolution making an amendment to the proposed budget. 2022, c.
18, Sched. 2, s. 1.
Veto power
(4) The head of council may, in accordance with the regulations, veto a resolution
passed under subsection (3). 2022, c. 18, Sched. 2, s. 1.
Override of veto
(5) Council may, in accordance with the regulations, override the head of council’s veto
under subsection (4) if two-thirds of the members of council vote to override the veto.
2022, c. 18, Sched. 2, s. 1.
Adoption of budget
(6) The budget for the municipality shall be adopted in accordance with the regulations.
2022, c. 18, Sched. 2, s. 1.
Same
(7) For greater certainty, the regulations may provide for the circumstances in which the
budget is deemed to be adopted. 2022, c. 18, Sched. 2, s. 1.
Section Amendments with date in force (d/m/y)
Regulations
284.17 (1) The Minister may make regulations for the purposes of this Part, including,
(a) designating municipalities for the purposes of section 284.2;
(b) requiring a head of council to make information and documents available to the
council, the public and other persons or classes of persons and prescribing the
information and documents to be made available;
(c) respecting the form, manner and timing in which information and documents are
to be made available to the council, the public or other persons or classes of
persons;
(d) respecting procedures and rules a head of council, a council and the clerk are
required to follow in connection with this Part;
(e) respecting the powers assigned to the head of council in connection with
committees, for the purposes of section 284.8;
(f) governing by-elections with respect to the office of head of council for the
purposes of section 284.12;
(g) respecting procedures, rules and other matters in connection with filling a
vacancy in the office of head of council;
(h) providing for such transitional matters as the Minister considers necessary or
advisable in connection with the implementation of this Part;
(i) defining, for the purposes of this Part and any regulations under this Part, any
word or expression not defined in section 1 of this Act, and in so doing may
define a word or expression differently for different provisions;
(j) respecting the use of powers and performance of duties under this Part, including
respecting conditions and limits with respect to their use or performance;
(k) providing that a head of council cannot use a power or perform a duty, assigning
those powers and duties to a council and prescribing procedures, rules and other
matters in connection with such circumstances;
(l) prescribing provisions of the Act or any other Act that apply or do not apply for the
purposes of this Part and providing for such modifications to those provisions as
the Minister considers appropriate;
(m) prescribing deadlines, dates and time periods for the purposes of this Part.
2022, c. 18, Sched. 2, s. 1; 2022, c. 24, Sched. 3, s. 9.
Same
(2) Subject to subsection 284.9 (1), the Minister may make regulations prescribing
anything that, under this Part, may or must be prescribed. 2022, c. 18, Sched. 2, s. 1.
Regulations, budget
(3) The Minister may, for the purposes of section 284.16, make regulations,
(a) respecting the powers and duties of the head of council and of the council in
connection with preparing and adopting a budget in a municipality;
(b) respecting procedures, rules and other matters in connection with preparing and
adopting a budget in a municipality; and
(c) providing for the circumstances in which a budget is deemed to be adopted.
2022, c. 18, Sched. 2, s. 1.
Retroactive
(4) A regulation under this section may be retroactive to a date not earlier than six
months before the date the regulation was made. 2022, c. 18, Sched. 2, s. 1.
Section Amendments with date in force (d/m/y)
10/13/23, 12:41 PM O. Reg. 530/22: PART VI.1 OF THE ACT
Attachment #3 to CLK 09-23
Français
Municipal Act, 2001
ONTARIO REGULATION 530/22
PART VI.1 OF THE ACT
Consolidation Period: From July 1, 2023 to the e-Laws currency date.
Last amendment: 180/23.
Legislative History: [ + ]
This is the English version of a bilingual regulation.
Designated municipalities
1.The following municipalities are designated for the purpose of section 284.2 of the Act:
1.The Town of Ajax.
2.The City of Barrie.
3.The City of Brampton.
4.The City of Brantford.
5.The City of Burlington.
6.The Town of Caledon.
7.The City of Cambridge.
8.The Municipality of Clarington.
9.The City of Guelph.
10.The City of Hamilton.
11.The City of Kingston.
12.The City of Kitchener.
13.The City of London.
14.The City of Markham.
15.The Town of Milton.
16.The City of Mississauga.
17.The City of Niagara Falls.
18.The Town of Oakville.
19.The City of Oshawa.
20.The City of Ottawa.
https://www.ontario.ca/laws/regulation/220530 1/4
10/13/23, 12:41 PM O. Reg. 530/22: PART VI.1 OF THE ACT
21.The City of Pickering.
22.The City of Richmond Hill.
23.The City of St. Catharines.
24.The City of Vaughan.
25.The City of Waterloo.
26.The Town of Whitby.
27.The City of Windsor. O. Reg. 180/23, s. 1.
In writing requirements re s. 284.3 of Act
2.When directing municipal employees under section 284.3 of the Act, the head of council shall, by the next business day, provide a
written record of the direction to the clerk and chief administrative officer, if one is appointed.
Other in writing requirements
3.Except as otherwise provided in the Act and this Regulation, when exercising a power or performing a duty under Part VI.1 of the Act
the head of council shall,
(a)by the next business day, provide the written record produced in accordance with subsection 284.4 (1) of the Act to each
member of council and to the clerk; and
(b)subject to the Municipal Freedom of Information and Protection of Privacy Act, make the written record available to the public.
Prescribed committees
4.Committees established under the Act that consist solely of members of council are prescribed for the purposes of section 284.8 of
the Act.
Veto power, s. 284.11 of Act
5.(1) Section 284.11 of the Act does not apply with respect to by-laws under sections 289 and 290 of the Act.
(2)Section 284.11 of the Act applies with respect to by-laws under section 2 of the Development Charges Act, 1997.
Vacancy, upper-tier municipality
5.1 If a vacancy in the office of the head of council of a local municipality causes a vacancy on the council of its upper-tier municipality,
the local municipality and not the upper-tier municipality shall fill the vacancy in accordance with section 284.12 of the Act. O. Reg.
180/23, s. 2.
Limitations on delegation, s. 284.13 of Act
6.(1) The head of council may not delegate their powers and duties under the sections referred to in paragraphs 1 and 4 of subsection
284.13 (1) of the Act except to council.
(2)The head of council may not delegate their powers and duties under the section referred to in paragraph 2 of subsection 284.13 (1)
of the Act except to council or to the chief administrative officer, if one is appointed.
Annual budget
7.(1) The head of council shall, on or before February 1 of each year,
(a)prepare a proposed budget for the municipality that includes the estimates of sums required under subsection 289 (1) or 290 (1)
of the Act, as the case may be;
(b)provide the proposed budget to each member of council and to the clerk; and
(c)make the proposed budget available to the public.
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10/13/23, 12:41 PM O. Reg. 530/22: PART VI.1 OF THE ACT
(2)If the head of council does not propose a budget to council by February 1 in accordance with subsection (1), the council shall
prepare and adopt the budget for the municipality.
(3)Subject to subsection (4), within 30 days after receiving the proposed budget from the head of council in accordance with clause (1)
(b), the council may pass a resolution making an amendment to the proposed budget.
(4)A council may in a year pass a resolution to shorten the 30-day period referred to in subsection (3) for the year.
(5)If council does not pass a resolution under subsection (3) within 30 days, or, if a shorter period is set under subsection (4), within
that period, the proposed budget shall be deemed to be adopted by the municipality.
(6)Subject to subsection (7), within 10 days after the expiry of the time period for council to pass a resolution under subsection (3), the
head of council may veto a resolution passed by council under subsection (3) by providing on the day of the veto to each member of
council and to the clerk a written veto document that includes the veto and the reasons for the veto.
(7)The head of council may in a year shorten the 10-day period referred to in subsection (6) for the year by providing to each member
of council and to the clerk a written document specifying a shorter period.
(8)If the head of council vetoes a resolution in accordance with subsection (6), the resolution shall be deemed not to have been passed
by council.
(9)If the head of council does not veto a resolution in accordance with subsection (6) within 10 days or, if a shorter period is set under
subsection (7), within that period, the proposed budget shall be deemed to be adopted by the municipality.
(10)Subject to subsection (11), within 15 days after the expiry of the time period for the head of council to veto a resolution under
subsection (6), council may override the head of council’s veto if two-thirds of the members of council vote to override the veto.
(11)A council may in a year pass a resolution to shorten the 15-day period referred to in subsection (10) for the year.
(12)For greater certainty, the head of council may vote as a member of council in a vote to override a veto.
(13)If the council overrides the veto under subsection (10), subsection (8) does not apply, and the resolution shall be deemed to be
passed by council.
(14)After the expiry of the time period for council to override the head of council’s veto under subsection (10), the proposed budget is
deemed to be adopted by the municipality.
Budget process — conflict of interest
8.If, under section 5.3 of the Municipal Conflict of Interest Act, the head of council is prohibited from using the power and exercising the
duty under subsection 284.16 (2) of the Act to prepare the proposed budget for the municipality with respect to a matter,
(a)council may pass a resolution to amend the proposed budget with respect to the matter; and
(b)the head of council may not veto the resolution.
Budget process — in-year budget amendments
9.(1) The head of council may, for the purpose of raising an additional general upper-tier levy or a special upper-tier levy in the year
under section 311 of the Act or a general local municipality levy or a special local municipality levy in the year under 312 of the Act, as
the case may be, prepare a proposed budget amendment for the municipality and,
https://www.ontario.ca/laws/regulation/220530 3/4
10/13/23, 12:41 PM O. Reg. 530/22: PART VI.1 OF THE ACT
(a)provide the proposed budget amendment to each member of council and to the clerk; and
(b)make the proposed budget amendment available to the public.
(2)Subject to subsection (3), within 21 days after receiving the proposed budget amendment from the head of council in accordance
with subsection (1), the council may pass a resolution making an amendment to the proposed budget amendment.
(3)A council may in a year pass a resolution to shorten the 21-day period referred to in subsection (2) for the year.
(4)If council does not pass a resolution under subsection (2) within 21 days, or, if a shorter period is set under subsection (3), within
that period, the proposed budget amendment shall be deemed to be adopted by the municipality.
(5)Subject to subsection (6), within 5 days after the expiry of the time period for council to pass a resolution under subsection (2), the
head of council may veto a resolution passed by council under subsection (2) by providing to each member of council and to the clerk,
on the day of the veto, a written veto document that includes the veto and the reasons for the veto.
(6)The head of council may in a year shorten the 5-day period referred to in subsection (5) for the year by providing to each member of
council and to the clerk a written document specifying a shorter period.
(7)If the head of council vetoes a resolution in accordance with subsection (5), the resolution shall be deemed not to have been passed
by council.
(8)If the head of council does not veto a resolution in accordance with subsection (5) within 5 days, or, if a shorter period is set under
subsection (6), within that period, the proposed budget amendment shall be deemed to be adopted by the municipality.
(9)Subject to subsection (10), within 10 days after the expiry of the time period for the head of council to veto a resolution under
subsection (5), council may override the head of council’s veto if two-thirds of the members of council vote to override the veto.
(10)A council may in a year pass a resolution to shorten the 10-day period referred to in subsection (9) for the year.
(11)For greater certainty, the head of council may vote as a member of council in a vote to override a veto.
(12)If the council overrides the veto under subsection (9), subsection (7) does not apply, and the resolution shall be deemed to be
passed by council.
(13)After the expiry of the time period for council to override the head of council’s veto under subsection (9), the proposed budget
amendment is deemed to be adopted by the municipality.
Powers re by-laws, s. 284.11.1 of the Act
10.(1) Section 284.11.1 of the Act does not apply with respect to,
(a)by-laws under sections 238, 289 and 290 of the Act; and
(b)by-laws with respect to the filling of vacancies under section 263 of the Act. O. Reg. 581/22, s. 1.
(2)Section 284.11.1 of the Act applies with respect to by-laws under section 2 of the Development Charges Act, 1997. O. Reg. 581/22,
s. 1.
https://www.ontario.ca/laws/regulation/220530 4/4
Français
10/13/23, 12:42 PM O. Reg. 580/22: PROVINCIAL PRIORITIES
Attachment #4 to CLK 09-23
Français
Municipal Act, 2001
ONTARIO REGULATION 580/22
PROVINCIAL PRIORITIES
Consolidation Period: From December 20, 2022 to the e-Laws currency date.
No amendments.
This is the English version of a bilingual regulation.
Provincial priorities
1. The following are provincial priorities prescribed for the purposes of sections 284.10, 284.11 and 284.11.1 of the Act:
1. Building 1.5 million new residential units by December 31, 2031.
2. Constructing and maintaining infrastructure to support housing, including,
i. transit,
ii. roads,
iii. utilities, and
iv. servicing.
2. O ( R ).
Français
https://www.ontario.ca/laws/regulation/220580 1/1