Regulation - Minister
Proposed Minister's Regulations to help bring the Strong Mayors, Building Homes Act, 2022 into effect.
Regulation Number(s):
N/A
Instrument Type:
Regulation - Minister
Bill or Act:
Municipal Act, 2001 and City of Toronto Act, 2006
Summary of Decision:
O. Reg. 529/22: Part VI.1 of the Act under the COTA and O. Reg. 530/22: Part VI.1 of the Act under the MA came into force on November 23, 2022.
These regulations set out additional details on powers and duties for heads of council set out in the Strong Mayors, Building Homes Act.
Proposed contents for regulations were posted on Ontario's Regulatory Registry on October 3, 2022. The Ministry received 17 submissions with varying views - some supported the proposal while others raised some concerns and suggested changes.
The regulation closely aligns with the proposal, with minor changes based on stakeholder feedback and to support flexibility in local implementation.
The regulation under the MA designates Ottawa as a municipality to which these strong mayor powers and duties apply.
At this time, these regulations only apply to the City of Toronto and City of Ottawa.
These regulations set out additional details on powers and duties for heads of council set out in the Strong Mayors, Building Homes Act.
Proposed contents for regulations were posted on Ontario's Regulatory Registry on October 3, 2022. The Ministry received 17 submissions with varying views - some supported the proposal while others raised some concerns and suggested changes.
The regulation closely aligns with the proposal, with minor changes based on stakeholder feedback and to support flexibility in local implementation.
The regulation under the MA designates Ottawa as a municipality to which these strong mayor powers and duties apply.
At this time, these regulations only apply to the City of Toronto and City of Ottawa.
Analysis of Regulatory Impact:
The regulations apply to two municipalities at this time - the City of Toronto and City of Ottawa.
Local impacts will depend on how the heads of council (HOC) in Toronto and Ottawa choose to use these strong mayor powers and how the municipality will support the implementation of these powers and duties for the HOC. There are no requirements in the regulations that would result in new administrative costs for municipalities. Municipalities may choose to update local processes and policies at any time, based on their local needs and circumstances.
It would provide increased transparency since the regulations set out details on requirements for the HOC to exercise these powers and duties in writing. For example, when the new powers or duties are exercised, written documentation must be provided to each member of council and the municipal clerk, and made available to the public.
Local impacts will depend on how the heads of council (HOC) in Toronto and Ottawa choose to use these strong mayor powers and how the municipality will support the implementation of these powers and duties for the HOC. There are no requirements in the regulations that would result in new administrative costs for municipalities. Municipalities may choose to update local processes and policies at any time, based on their local needs and circumstances.
It would provide increased transparency since the regulations set out details on requirements for the HOC to exercise these powers and duties in writing. For example, when the new powers or duties are exercised, written documentation must be provided to each member of council and the municipal clerk, and made available to the public.
Further Information:
Bill 3: Strong Mayors, Building Homes Act, 2022
Proposed regulations to prescribe provincial priorities related to the Strong Mayors, Building Homes
Strong Mayors, Building Homes Act, 2022
(Download Adobe Reader)
O. Reg. 529/22: PART VI.1 OF THE ACT
O. Reg. 530/22: PART VI.1 OF THE ACT
Proposal Number:
22-MMAH015
Posting Date:
October 3, 2022
Summary of Proposal:
If proclaimed, the Strong Mayors, Building Homes Act, 2022 would provide new Minister's regulation making authorities. The Ministry of Municipal Affairs and Housing is proposing regulations under the Municipal Act (MA) and City of Toronto Act (COTA). The Act and proposed regulations would give the head of council (HOC) of Toronto and Ottawa more authority to move forward on shared provincial-municipal priorities. The following matters are proposed to be included in the regulations:
1.Propose that new powers and duties for the HOC apply to the City of Ottawa.
2.The Act would allow the HOC to hire or dismiss certain heads of divisions - excluding statutory positions. Propose to define head of division as "the highest level of senior management".
3.The Act would allow the HOC to create, assign functions and appoint chairs/vice-chairs of prescribed committees. Propose that these powers apply to committees of council (where all members are council members) made under the MA and COTA.
4.The Act would require the HOC to exercise new powers and duties in writing. Propose to require the HOC to provide written documentation to the clerk and council.
5.The Act would allow the HOC to direct staff in writing to do certain things. Propose to require the HOC to provide written documentation to the clerk and Chief Administrative Officer (CAO) when they direct staff.
6.The Act would allow the HOC to delegate certain powers. Propose that the HOC can delegate only to council the powers related to the CAO and committees. Propose that the HOC can delegate only to council or the CAO the power to hire division heads and create/re-organize divisions.
7.The Act would allow the HOC to veto bylaws made under the MA, COTA and Planning Act if in the HOC's opinion, they could interfere with a prescribed provincial priority. Propose that the veto power also apply to bylaws made under section 2 of the Development Charges Act.
8.The Act would provide the HOC with new powers and duties related to the municipal budget. Proposing that each year, the HOC be required to propose the budget by February 1. If they do not by this date, the duty to prepare and adopt the budget transfers to council. After budget is proposed by HOC, council can pass resolutions to amend the budget within 30 days. The HOC has 10 days from the end of the council review period to veto a council resolution. Council may then override an HOC veto with a 2/3 majority vote within 15 days. At the end of this process, the resulting budget is deemed to be adopted by the municipality.
Proposing that in-year budget amendments may be initiated by the HOC. Council can pass resolutions to amend the budget within 21 days from when the budget amendment is provided to council. The HOC has 5 days from the end of the council review period to veto a council resolution. Council may then override an HOC veto with a 2/3 majority vote within 10 days. At the end of this process, the resulting budget amendment is deemed to be adopted by the municipality.
The Act would generally exclude the HOC's ability to participate in the budget process with respect to any budget matters in which they have a pecuniary (financial) interest. Proposing that council may pass a resolution to amend the budget to address these matters and the HOC cannot veto these amendments.
It is proposed that regulations be in effect on November 15, 2022 - the start of the new municipal council term.
1.Propose that new powers and duties for the HOC apply to the City of Ottawa.
2.The Act would allow the HOC to hire or dismiss certain heads of divisions - excluding statutory positions. Propose to define head of division as "the highest level of senior management".
3.The Act would allow the HOC to create, assign functions and appoint chairs/vice-chairs of prescribed committees. Propose that these powers apply to committees of council (where all members are council members) made under the MA and COTA.
4.The Act would require the HOC to exercise new powers and duties in writing. Propose to require the HOC to provide written documentation to the clerk and council.
5.The Act would allow the HOC to direct staff in writing to do certain things. Propose to require the HOC to provide written documentation to the clerk and Chief Administrative Officer (CAO) when they direct staff.
6.The Act would allow the HOC to delegate certain powers. Propose that the HOC can delegate only to council the powers related to the CAO and committees. Propose that the HOC can delegate only to council or the CAO the power to hire division heads and create/re-organize divisions.
7.The Act would allow the HOC to veto bylaws made under the MA, COTA and Planning Act if in the HOC's opinion, they could interfere with a prescribed provincial priority. Propose that the veto power also apply to bylaws made under section 2 of the Development Charges Act.
8.The Act would provide the HOC with new powers and duties related to the municipal budget. Proposing that each year, the HOC be required to propose the budget by February 1. If they do not by this date, the duty to prepare and adopt the budget transfers to council. After budget is proposed by HOC, council can pass resolutions to amend the budget within 30 days. The HOC has 10 days from the end of the council review period to veto a council resolution. Council may then override an HOC veto with a 2/3 majority vote within 15 days. At the end of this process, the resulting budget is deemed to be adopted by the municipality.
Proposing that in-year budget amendments may be initiated by the HOC. Council can pass resolutions to amend the budget within 21 days from when the budget amendment is provided to council. The HOC has 5 days from the end of the council review period to veto a council resolution. Council may then override an HOC veto with a 2/3 majority vote within 10 days. At the end of this process, the resulting budget amendment is deemed to be adopted by the municipality.
The Act would generally exclude the HOC's ability to participate in the budget process with respect to any budget matters in which they have a pecuniary (financial) interest. Proposing that council may pass a resolution to amend the budget to address these matters and the HOC cannot veto these amendments.
It is proposed that regulations be in effect on November 15, 2022 - the start of the new municipal council term.
Contact Address:
Ministry of Municipal Affairs and Housing
Local Government Policy Branch
777 Bay St., 13th Floor
Toronto, ON, M7A 2J3
Local Government Policy Branch
777 Bay St., 13th Floor
Toronto, ON, M7A 2J3
Effective Date:
November 23, 2022
Decision:
Approved