Better Municipal Governance Act, 2022 — Bill 39 (43rd Parliament, 1st Session)
Bill 39, 43-1
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Bill 39, Better Municipal Governance Act, 2022
Clark, Hon. Steve Minister of Municipal Affairs and Housing
Royal Assent received. Statutes of Ontario 2022,
chapter 24
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EXPLANATORY
NOTE
This Explanatory Note was written as a reader’s
aid to Bill 39 and does not form part of the law.
Bill 39 has been enacted as
Chapter 24 of the Statutes of Ontario, 2022.
SCHEDULE 1
CITY OF TORONTO ACT, 2006
The
Schedule amends the City of Toronto Act, 2006 by
adding
section 226.9.1.
Section 226.9.1 provides that 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 and require city council
to consider and vote on the proposed by-law at a meeting. The by-law is passed
if more than one third of the members of city council vote in favour of the
by-law.
SCHEDULE 2
DUFFINS ROUGE AGRICULTURAL PRESERVE REPEAL ACT, 2022
The
Schedule enacts the new Duffins Rouge Agricultural
Preserve Repeal Act, 2022 , which repeals the older Duffins
Rouge Agricultural Preserve Act, 2005 . The new Act provides that the
easements and covenants that were described in the repealed Act are deemed to
have the legal effect they would have had if the repealed Act had never been in
effect. The new Act also provides for the interaction of those covenants and
easements with certain provisions of the Conservation Land
Act . Related causes of actions and proceedings are prohibited.
SCHEDULE 3
MUNICIPAL ACT, 2001
The
Schedule amends the Municipal Act, 2001 by adding
section
218.3, which authorizes the Minister of Municipal Affairs and Housing to
appoint, by order, for the term of office beginning in 2022, the head of
council of The Regional Municipality of Niagara, The Regional Municipality of
Peel and The Regional Municipality of York. A new
section 218.4 requires the
Minister to give notice of such order and a new
section 218.5 authorizes the
Minister to make regulations relating to the appointment of a head of council
under
section 218.3.
new
section 284.11.1 of the Act provides that if a head of council of a
designated municipality is of the opinion that a by-law could potentially
advance a prescribed provincial priority, the head of council may propose the
by-law and require the council to consider and vote on the proposed by-law at a
meeting. The by-law is passed if more than one third of the members of council
vote in favour of the by-law.
Bill 39 2022
Act to amend the City of Toronto Act, 2006 and the Municipal Act, 2001 and to
enact the Duffins Rouge Agricultural Preserve Repeal Act, 2022
CONTENTS
Contents
of this Act
Commencement
Short
title
Schedule 1
City
of Toronto Act, 2006
Schedule 2
Duffins
Rouge Agricultural Preserve Repeal Act, 2022
Schedule 3
Municipal
Act, 2001
His
Majesty, by and with the advice and consent of the Legislative Assembly of the
Province of Ontario, enacts as follows:
Contents
of this Act
1 This Act consists of
this section, sections 2 and 3 and the Schedules to this Act.
Commencement
(1) Except
as otherwise provided in this section, this Act comes into force on the day it
receives Royal Assent.
(2) The
Schedules to this Act come into force as provided in each Schedule.
(3) If
a
Schedule to this Act provides that any of its provisions are to come into
force on a day to be named by proclamation of the Lieutenant Governor, a
proclamation may apply to one or more of those provisions, and proclamations
may be issued at different times with respect to any of those provisions.
Short
title
3 The
short title of this Act is the Better Municipal Governance Act, 2022 .
SCHEDULE 1
CITY OF TORONTO ACT, 2006
Paragraph 3 of subsection 159 (1) of the City of Toronto
Act, 2006 is amended by striking out “sections 5, 5.1 and 5.2” and
substituting “sections 5, 5.1, 5.2 and 5.3”.
Section 160.1 of the Act is amended by striking out “section 5, 5.1 or 5.2”
wherever it appears and substituting in each case “section 5, 5.1, 5.2 or 5.3”.
Section 226.7 of the Act is amended by striking out “sections 226.8 and 226.9”
wherever it appears and substituting in each case “sections 226.8, 226.9 and
226.9.1”.
The French version of subsection 226.8 (1) of the Act is amended by striking
out “pourrait” and substituting “pourrait potentiellement”.
The French version of
section 226.9 of the Act is amended by striking out
“pourrait” wherever it appears and substituting in each case “pourrait
potentiellement”.
The Act is amended by adding the following section:
Powers
re by-laws
226.9.1
(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.
Procedure
(2) Despite
any procedure by-law passed by the City under subsection 189 (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 city council and require city council to
consider and vote on the proposed by-law at a meeting.
Same
(3) The
head of council shall, in accordance with the regulations, provide to the clerk
and to each member of city council,
(
a) a
copy of any by-law proposed under subsection (2); and
(
b) the
head of council’s reasons for the proposal.
More
than one-third vote required
(4) Despite
any procedure by-law passed by the City under subsection 189 (2) and despite
subsection 194 (3), 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.
Head
of council may vote
(5) For
greater certainty, the head of council may vote as a member of city council in
a vote to pass a by-law described in subsection (2).
Clause 226.15 (1) (
c) of the Act is amended by striking out “the head of
council is required to follow in exercising a power or performing a duty under”
and substituting “the head of council, city council and the clerk are required
to follow in connection with”.
Commencement
This
Schedule comes into force on a day to be named by proclamation of the
Lieutenant Governor.
SCHEDULE 2
DUFFINS ROUGE AGRICULTURAL PRESERVE REPEAL ACT, 2022
Definition
this Act,
“DRAPA
easement or covenant” means an easement or covenant that is described in
subsection 2 (1) of the Duffins Rouge Agricultural
Preserve Act, 2005 , as it read immediately before its repeal.
Effect
of repeal on DRAPA easement or covenant
Every
DRAPA easement or covenant is deemed to have the legal effect it would have had
if subsection 2 (1) of the Duffins Rouge Agricultural
Preserve Act, 2005 had never been in effect.
Interaction
with Conservation Land Act
(1) Subsections
3 (4.2), (4.3) and (4.4) of the Conservation Land Act
do not apply to a DRAPA easement or covenant.
Notices
(2) Any
notice that was registered under the Conservation Land Act
in accordance with subsection 2 (2) of the Duffins Rouge
Agricultural Preserve Act, 2005 , before the day the Duffins Rouge Agricultural Preserve Act, 2005 was
repealed, against land affected by a DRAPA easement or covenant is of no effect
as of the day this
section comes into force.
cause of action
(1) No
cause of action arises as a direct or indirect result of,
(
a) the
enactment, amendment or repeal of any provision of this Act or of the Duffins Rouge Agricultural Preserve Act, 2005 ;
(
b) the
making, amending or revoking of any provision of a regulation under this Act;
(
c) anything
done or not done in accordance with,
(
i) any
provision of this Act or of the Duffins Rouge Agricultural
Preserve Act, 2005 , or
(ii) any
provision of a regulation made under this Act.
Proceedings
barred
(2) No
proceeding, including but not limited to any proceeding for a remedy in
contract, restitution, tort, misfeasance, bad faith, trust or fiduciary
obligation, and any remedy under any statute, that is based on a cause of
action described in subsection (1) may be brought or maintained against any
person, including,
(
a) the
Crown and its current and former employees, officers and agents;
(
b) current
and former members of the Executive Council;
(
c) conservation
bodies as defined in subsection 3 (1) of the Conservation
Land Act and their current and former employees, officers and agents.
Application
of subs. (2)
(3) Subject
to subsection (6), subsection (2) applies to any proceeding, including any
court, administrative or arbitral proceeding, claiming any remedy or relief,
including specific performance, injunction, declaratory relief, any form of
compensation or damages or any other remedy or relief, and includes a
proceeding to enforce a judgment or order made by a court or tribunal outside
of Canada.
Temporal
application
(4) Subsections
(1) and (2) apply regardless of whether the cause of action on which the
proceeding is purportedly based arose before or after the day this
section
comes into force.
Proceedings
set aside
(5) Any
proceeding referred to in subsection (2) that was commenced before the day this
section comes into force shall be deemed to have been dismissed, without costs,
on the day this
section comes into force.
Exception
— judicial review
(6) Subsections
(1) and (2) do not apply to prevent an application for judicial review.
expropriation or injurious affection
(7) Nothing
referred to in subsection (1) constitutes an expropriation or injurious
affection for the purposes of the Expropriations Act
or otherwise at law.
Not
entitled to be compensated
(8) Despite
any other Act or law, no person is entitled to compensation for any loss or
damages, including loss of revenues, loss of profit or loss of expected
earnings or denial or reduction of compensation that would otherwise have been
payable to any person, arising from anything referred to in subsection (1).
Regulations
The
Lieutenant Governor in Council may make regulations governing any transitional
matters that may arise in connection with the enactment of this Act or the
repeal of the Duffins Rouge Agricultural Preserve Act,
2005 , which may include the impact of the enactment or repeal on a DRAPA
easement or covenant.
The Duffins Rouge Agricultural Preserve Act, 2005
is repealed.
Commencement
7 The Act set out in this
Schedule comes into force on a
day to be named by proclamation of the Lieutenant Governor.
Short
title
8 The
short title of the Act set out in this
Schedule is
the Duffins Rouge Agricultural Preserve Repeal Act, 2022 .
SCHEDULE 3
MUNICIPAL ACT, 2001
The Municipal Act, 2001 is amended by adding the
following sections:
Head
of council, appointment by Minister
218.3
(1) For the
term of office beginning in 2022, the Minister may, by order, appoint and fix
the duration of the term of the head of council of the following
municipalities:
1. The
Regional Municipality of Niagara.
2. The
Regional Municipality of Peel.
3. The
Regional Municipality of York.
Effect
of order
(2) An
order made under subsection (1) takes effect on the date and at the time
specified in the order.
Previous
appointment ceases to have effect
(3) If
the Minister makes an order appointing a head of council under subsection
(1) and, on the day the order takes effect, a head of council has been appointed by
the members of council, the appointment by the members of the council ceases to
have effect as of that day.
Deemed
to be member of council
(4) A
person appointed by the Minister under subsection (1) to be the head of council
is deemed to also be a member of council.
Notice
of order
218.4 If the Minister makes
an order under subsection 218.3 (1), the Minister shall,
(
a) publish
the order in The Ontario Gazette; and
(
b) as
soon as possible after the order is made, provide a copy of the order to the
municipality to which it relates.
Regulations
218.5
(1) The
Minister may make regulations,
(
a) governing
the appointment of a head of council under subsection 218.3 (1), including,
(
i) prescribing
rules to facilitate the transition of the head of council appointed under
subsection 218.3 (1);
(ii) prescribing
powers and duties of the head of council appointed under subsection 218.3 (1);
(
b) providing
for modifications to this Act, the Municipal Conflict of
Interest Act or the Municipal Elections Act, 1996 ,
or the regulations made under any of those Acts, as are necessary for the
implementation of
section 218.3 of this Act or any regulations made under
clause (
a) of this subsection.
Retroactivity
(2) A
regulation made under subsection (1) is, if it so provides, effective with
reference to a period before it was filed, but not earlier than six months
before the date the regulation was made.
Conflict,
regulation made under cl. (1) (b)
(3) A
regulation made under clause (1) (
b) prevails to the extent of a conflict
between a provision of the regulation and any provision of,
(
a) this
Act or a regulation made under it; or
(
b) the
Municipal Conflict of Interest Act or the Municipal Elections Act, 1996 or of a regulation made
under those Acts.
Same
(4) The
conflict provision in subsection (3) prevails over any other conflict provision
in the this Act, the Municipal Conflict of Interest Act
or the Municipal Elections Act, 1996 .
Power
to change method for selecting head of council
218.6 Nothing in
section
218.3 limits the power of a municipality referred to in subsection 218.3 (1) to
change the method of selecting its head of council under
section 218 for any
regular election after 2022.
Subsection 221 (1) of the Act is amended by striking out “218.1 or 220”
wherever it appears and substituting in each case “218.1, 218.3 or 220”.
Paragraph 3 of subsection 223.3 (1) of the Act is amended by striking out
“sections 5, 5.1 and 5.2” and substituting “sections 5, 5.1, 5.2 and 5.3”.
Section 223.4.1 of the Act is amended by striking out “section 5, 5.1 or 5.2” wherever
it appears and substituting in each case “section 5, 5.1, 5.2 or 5.3”.
(1) Subsection 284.9 (1) of the Act is amended by striking out “sections
284.10 and 284.11” at the end and substituting “sections 284.10, 284.11 and
284.11.1”.
(2) Subsection
284.9 (2) of the Act is amended by striking out “sections 284.10 and 284.11”
and substituting “sections 284.10, 284.11 and 284.11.1”.
The French version of subsection 284.10 (1) of the Act is amended by striking
out “pourrait” and substituting “pourrait potentiellement”.
The French version of
section 284.11 of the Act is amended by striking out
“pourrait” wherever it appears and substituting in each case “pourrait
potentiellement”.
The Act is amended by adding the following section:
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.
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.
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.
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.
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).
Clause 284.17 (1) (
d) of the Act is amended by striking out “a head of council
is required to follow in exercising a power or performing a duty under” and
substituting “a head of council, a council and the clerk are required to follow
in connection with”.
Commencement
10 This
Schedule comes into force on a day to be named by
proclamation of the Lieutenant Governor.
Bill 39 Original (PDF)
EXPLANATORY
NOTE
SCHEDULE 1
CITY OF TORONTO ACT, 2006
The
Schedule amends the City of Toronto Act, 2006 by
adding
section 226.9.1.
Section 226.9.1 provides that 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 and require city council
to consider and vote on the proposed by-law at a meeting. The by-law is passed
if more than one third of the members of city council vote in favour of the
by-law.
SCHEDULE 2
DUFFINS ROUGE AGRICULTURAL PRESERVE REPEAL ACT, 2022
The
Schedule enacts the new Duffins Rouge Agricultural
Preserve Repeal Act, 2022 , which repeals the older Duffins
Rouge Agricultural Preserve Act, 2005 . The new Act provides that the
easements and covenants that were described in the repealed Act are deemed to
have the legal effect they would have had if the repealed Act had never been in
effect. The new Act also provides for the interaction of those covenants and
easements with certain provisions of the Conservation Land
Act . Related causes of actions and proceedings are prohibited.
SCHEDULE 3
MUNICIPAL ACT, 2001
The
Schedule amends the Municipal Act, 2001 by adding
section
218.3, which authorizes the Minister of Municipal Affairs and Housing to
appoint, by order, for the term of office beginning in 2022, the head of
council of The Regional Municipality of Niagara, The Regional Municipality of
Peel and The Regional Municipality of York. A new
section 218.4 requires the
Minister to give notice of such order and a new
section 218.5 authorizes the
Minister to make regulations relating to the appointment of a head of council
under
section 218.3.
new
section 284.11.1 of the Act provides that if a head of council of a
designated municipality is of the opinion that a by-law could potentially
advance a prescribed provincial priority, the head of council may propose the
by-law and require the council to consider and vote on the proposed by-law at a
meeting. The by-law is passed if more than one third of the members of council
vote in favour of the by-law.
Bill 39 2022
Bill 39 2022
Act to amend the City of Toronto Act, 2006 and the Municipal Act, 2001 and to
enact the Duffins Rouge Agricultural Preserve Repeal Act, 2022
CONTENTS
Contents
of this Act
Commencement
Short
title
Schedule 1
City
of Toronto Act, 2006
Schedule 2
Duffins
Rouge Agricultural Preserve Repeal Act, 2022
Schedule 3
Municipal
Act, 2001
His
Majesty, by and with the advice and consent of the Legislative Assembly of the
Province of Ontario, enacts as follows:
Contents
of this Act
1 This Act consists of
this section, sections 2 and 3 and the Schedules to this Act.
Commencement
(1) Except
as otherwise provided in this section, this Act comes into force on the day it
receives Royal Assent.
(2) The
Schedules to this Act come into force as provided in each Schedule.
(3) If
a
Schedule to this Act provides that any of its provisions are to come into
force on a day to be named by proclamation of the Lieutenant Governor, a
proclamation may apply to one or more of those provisions, and proclamations
may be issued at different times with respect to any of those provisions.
Short
title
3 The
short title of this Act is the Better Municipal Governance Act, 2022 .
SCHEDULE 1
CITY OF TORONTO ACT, 2006
Paragraph 3 of subsection 159 (1) of the City of Toronto
Act, 2006 is amended by striking out “sections 5, 5.1 and 5.2” and
substituting “sections 5, 5.1, 5.2 and 5.3”.
Section 160.1 of the Act is amended by striking out “section 5, 5.1 or 5.2”
wherever it appears and substituting in each case “section 5, 5.1, 5.2 or 5.3”.
Section 226.7 of the Act is amended by striking out “sections 226.8 and 226.9”
wherever it appears and substituting in each case “sections 226.8, 226.9 and
226.9.1”.
The French version of subsection 226.8 (1) of the Act is amended by striking
out “pourrait” and substituting “pourrait potentiellement”.
The French version of
section 226.9 of the Act is amended by striking out
“pourrait” wherever it appears and substituting in each case “pourrait
potentiellement”.
The Act is amended by adding the following section:
Powers
re by-laws
226.9.1
(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.
Procedure
(2) Despite
any procedure by-law passed by the City under subsection 189 (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 city council and require city council to
consider and vote on the proposed by-law at a meeting.
Same
(3) The
head of council shall, in accordance with the regulations, provide to the clerk
and to each member of city council,
(
a) a
copy of any by-law proposed under subsection (2); and
(
b) the
head of council’s reasons for the proposal.
More
than one-third vote required
(4) Despite
any procedure by-law passed by the City under subsection 189 (2) and despite
subsection 194 (3), 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.
Head
of council may vote
(5) For
greater certainty, the head of council may vote as a member of city council in
a vote to pass a by-law described in subsection (2).
Clause 226.15 (1) (
c) of the Act is amended by striking out “the head of
council is required to follow in exercising a power or performing a duty under”
and substituting “the head of council, city council and the clerk are required
to follow in connection with”.
Commencement
This
Schedule comes into force on a day to be named by proclamation of the
Lieutenant Governor.
SCHEDULE 2
DUFFINS ROUGE AGRICULTURAL PRESERVE REPEAL ACT, 2022
Definition
this Act,
“DRAPA
easement or covenant” means an easement or covenant that is described in
subsection 2 (1) of the Duffins Rouge Agricultural
Preserve Act, 2005 , as it read immediately before its repeal.
Effect
of repeal on DRAPA easement or covenant
Every
DRAPA easement or covenant is deemed to have the legal effect it would have had
if subsection 2 (1) of the Duffins Rouge Agricultural
Preserve Act, 2005 had never been in effect.
Interaction
with Conservation Land Act
(1) Subsections
3 (4.2), (4.3) and (4.4) of the Conservation Land Act
do not apply to a DRAPA easement or covenant.
Notices
(2) Any
notice that was registered under the Conservation Land Act
in accordance with subsection 2 (2) of the Duffins Rouge
Agricultural Preserve Act, 2005 , before the day the Duffins Rouge Agricultural Preserve Act, 2005 was
repealed, against land affected by a DRAPA easement or covenant is of no effect
as of the day this
section comes into force.
cause of action
(1) No
cause of action arises as a direct or indirect result of,
(
a) the
enactment, amendment or repeal of any provision of this Act or of the Duffins Rouge Agricultural Preserve Act, 2005 ;
(
b) the
making, amending or revoking of any provision of a regulation under this Act;
(
c) anything
done or not done in accordance with,
(
i) any
provision of this Act or of the Duffins Rouge Agricultural
Preserve Act, 2005 , or
(ii) any
provision of a regulation made under this Act.
Proceedings
barred
(2) No
proceeding, including but not limited to any proceeding for a remedy in
contract, restitution, tort, misfeasance, bad faith, trust or fiduciary
obligation, and any remedy under any statute, that is based on a cause of
action described in subsection (1) may be brought or maintained against any
person, including,
(
a) the
Crown and its current and former employees, officers and agents;
(
b) current
and former members of the Executive Council;
(
c) conservation
bodies as defined in subsection 3 (1) of the Conservation
Land Act and their current and former employees, officers and agents.
Application
of subs. (2)
(3) Subject
to subsection (6), subsection (2) applies to any proceeding, including any
court, administrative or arbitral proceeding, claiming any remedy or relief,
including specific performance, injunction, declaratory relief, any form of
compensation or damages or any other remedy or relief, and includes a
proceeding to enforce a judgment or order made by a court or tribunal outside
of Canada.
Temporal
application
(4) Subsections
(1) and (2) apply regardless of whether the cause of action on which the
proceeding is purportedly based arose before or after the day this
section
comes into force.
Proceedings
set aside
(5) Any
proceeding referred to in subsection (2) that was commenced before the day this
section comes into force shall be deemed to have been dismissed, without costs,
on the day this
section comes into force.
Exception
— judicial review
(6) Subsections
(1) and (2) do not apply to prevent an application for judicial review.
expropriation or injurious affection
(7) Nothing
referred to in subsection (1) constitutes an expropriation or injurious
affection for the purposes of the Expropriations Act
or otherwise at law.
Not
entitled to be compensated
(8) Despite
any other Act or law, no person is entitled to compensation for any loss or
damages, including loss of revenues, loss of profit or loss of expected
earnings or denial or reduction of compensation that would otherwise have been
payable to any person, arising from anything referred to in subsection (1).
Regulations
The
Lieutenant Governor in Council may make regulations governing any transitional
matters that may arise in connection with the enactment of this Act or the
repeal of the Duffins Rouge Agricultural Preserve Act,
2005 , which may include the impact of the enactment or repeal on a DRAPA
easement or covenant.
The Duffins Rouge Agricultural Preserve Act, 2005
is repealed.
Commencement
7 The Act set out in this
Schedule comes into force on a
day to be named by proclamation of the Lieutenant Governor.
Short
title
8 The
short title of the Act set out in this
Schedule is
the Duffins Rouge Agricultural Preserve Repeal Act, 2022 .
SCHEDULE 3
MUNICIPAL ACT, 2001
The Municipal Act, 2001 is amended by adding the
following sections:
Head
of council, appointment by Minister
218.3
(1) For the
term of office beginning in 2022, the Minister may, by order, appoint and fix
the duration of the term of the head of council of the following
municipalities:
1. The
Regional Municipality of Niagara.
2. The
Regional Municipality of Peel.
3. The
Regional Municipality of York.
Effect
of order
(2) An
order made under subsection (1) takes effect on the date and at the time
specified in the order.
Previous
appointment ceases to have effect
(3) If
the Minister makes an order appointing a head of council under subsection
(1) and, on the day the order takes effect, a head of council has been appointed by
the members of council, the appointment by the members of the council ceases to
have effect as of that day.
Deemed
to be member of council
(4) A
person appointed by the Minister under subsection (1) to be the head of council
is deemed to also be a member of council.
Notice
of order
218.4 If the Minister makes
an order under subsection 218.3 (1), the Minister shall,
(
a) publish
the order in The Ontario Gazette; and
(
b) as
soon as possible after the order is made, provide a copy of the order to the
municipality to which it relates.
Regulations
218.5
(1) The
Minister may make regulations,
(
a) governing
the appointment of a head of council under subsection 218.3 (1), including,
(
i) prescribing
rules to facilitate the transition of the head of council appointed under
subsection 218.3 (1);
(ii) prescribing
powers and duties of the head of council appointed under subsection 218.3 (1);
(
b) providing
for modifications to this Act, the Municipal Conflict of
Interest Act or the Municipal Elections Act, 1996 ,
or the regulations made under any of those Acts, as are necessary for the
implementation of
section 218.3 of this Act or any regulations made under
clause (
a) of this subsection.
Retroactivity
(2) A
regulation made under subsection (1) is, if it so provides, effective with
reference to a period before it was filed, but not earlier than six months
before the date the regulation was made.
Conflict,
regulation made under cl. (1) (b)
(3) A
regulation made under clause (1) (
b) prevails to the extent of a conflict
between a provision of the regulation and any provision of,
(
a) this
Act or a regulation made under it; or
(
b) the
Municipal Conflict of Interest Act or the Municipal Elections Act, 1996 or of a regulation made
under those Acts.
Same
(4) The
conflict provision in subsection (3) prevails over any other conflict provision
in the this Act, the Municipal Conflict of Interest Act
or the Municipal Elections Act, 1996 .
Power
to change method for selecting head of council
218.6 Nothing in
section
218.3 limits the power of a municipality referred to in subsection 218.3 (1) to
change the method of selecting its head of council under
section 218 for any
regular election after 2022.
Subsection 221 (1) of the Act is amended by striking out “218.1 or 220”
wherever it appears and substituting in each case “218.1, 218.3 or 220”.
Paragraph 3 of subsection 223.3 (1) of the Act is amended by striking out
“sections 5, 5.1 and 5.2” and substituting “sections 5, 5.1, 5.2 and 5.3”.
Section 223.4.1 of the Act is amended by striking out “section 5, 5.1 or 5.2”
wherever it appears and substituting in each case “section 5, 5.1, 5.2 or 5.3”.
(1) Subsection 284.9 (1) of the Act is amended by striking out “sections
284.10 and 284.11” at the end and substituting “sections 284.10, 284.11 and
284.11.1”.
(2) Subsection
284.9 (2) of the Act is amended by striking out “sections 284.10 and 284.11”
and substituting “sections 284.10, 284.11 and 284.11.1”.
The French version of subsection 284.10 (1) of the Act is amended by striking
out “pourrait” and substituting “pourrait potentiellement”.
The French version of
section 284.11 of the Act is amended by striking out
“pourrait” wherever it appears and substituting in each case “pourrait
potentiellement”.
The Act is amended by adding the following section:
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.
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.
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.
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.
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).
Clause 284.17 (1) (
d) of the Act is amended by striking out “a head of council
is required to follow in exercising a power or performing a duty under” and
substituting “a head of council, a council and the clerk are required to follow
in connection with”.
Commencement
10 This
Schedule comes into force on a day to be named by
proclamation of the Lieutenant Governor.
Date Bill stage Event Outcome Committee
December 8, 2022
Royal Assent
Royal Assent received
December 8, 2022
Third Reading
Vote
Carried on division
December 8, 2022
Third Reading
Question put
December 8, 2022
Third Reading
Closure
Carried on division
December 7, 2022
Third Reading
Moved closure
Vote deferred
December 7, 2022
Third Reading
Debated
December 7, 2022
Third Reading
Debated
Debate adjourned
December 6, 2022
Third Reading
Debated
Debate adjourned
December 6, 2022
Third Reading
Debated
Debate adjourned
December 6, 2022
Second Reading
Ordered for Third Reading
December 6, 2022
Second Reading
Report adopted on division
December 6, 2022
Second Reading
Reported without amendment
Standing Committee on Heritage, Infrastructure and Cultural Policy
December 5, 2022
Second Reading
Consideration of a Bill
Standing Committee on Heritage, Infrastructure and Cultural Policy
December 1, 2022
Second Reading
Consideration of a Bill
Standing Committee on Heritage, Infrastructure and Cultural Policy
November 30, 2022
Second Reading
Consideration of a Bill
Standing Committee on Heritage, Infrastructure and Cultural Policy
November 23, 2022
Second Reading
Ordered referred to Standing Committee
Standing Committee on Heritage, Infrastructure and Cultural Policy
November 23, 2022
Second Reading
Vote
Carried on division
November 23, 2022
Second Reading
Question put
November 23, 2022
Second Reading
Closure
Carried on division
November 22, 2022
Second Reading
Moved closure
Vote deferred
November 22, 2022
Second Reading
Debated
November 22, 2022
Second Reading
Debated
Debate adjourned
November 17, 2022
Second Reading
Debated
Debate adjourned
November 17, 2022
Second Reading
Debated
Debate adjourned
November 16, 2022
First Reading
Ordered for Second Reading
November 16, 2022
First Reading
Vote
Carried
First Reading
November 16, 2022
Carried
Second Reading
November 17, 2022
Principal Debaters
Anand, Deepak
Mississauga—Malton
Blais, Stephen
Orléans
Burch, Jeff
Niagara Centre
Clark, Hon. Steve
Leeds—Grenville—Thousand Islands and Rideau Lakes
Gates, Wayne
Niagara Falls
Harden, Joel
Ottawa Centre
Holland, Kevin
Thunder Bay—Atikokan
Kanapathi, Logan
Markham—Thornhill
Khanjin, Andrea
Barrie—Innisfil
Parsa, Hon. Michael
Aurora—Oak Ridges—Richmond Hill
Tibollo, Hon. Michael A.
Vaughan—Woodbridge
Wong-Tam, Kristyn
Toronto Centre
Questions and Responses
Armstrong, Teresa
London—Fanshawe
Babikian, Aris
Scarborough—Agincourt
Begum, Doly
Scarborough Southwest
Byers, Rick
Bruce—Grey—Owen Sound
Crawford, Stephen
Oakville
Dixon, Jess
Kitchener South—Hespeler
Dowie, Andrew
Windsor—Tecumseh
Fife, Catherine
Waterloo
Flack, Rob
Elgin—Middlesex—London
Glover, Chris
Spadina—Fort York
Jordan, John
Lanark—Frontenac—Kingston
Kernaghan, Terence
London North Centre
Kusendova-Bashta, Natalia
Mississauga Centre
Leardi, Anthony
Essex
Oosterhoff, Sam
Niagara West
Pierre, Natalie
Burlington
Quinn, Nolan
Stormont—Dundas—South Glengarry
Sattler, Peggy
London West
Smith, Dave
Peterborough—Kawartha
Stiles, Marit
Davenport
Williams, Hon. Charmaine
Brampton Centre
November 17, 2022
Debated
November 22, 2022
Principal Debaters
Bell, Jessica
University—Rosedale
Coe, Lorne
Whitby
Fedeli, Hon. Victor
Nipissing
French, Jennifer
Oshawa
Glover, Chris
Spadina—Fort York
McGregor, Graham
Brampton North
Sabawy, Sheref
Mississauga—Erin Mills
Schreiner, Mike
Guelph
Stevens, Jennifer (Jennie)
St. Catharines
Questions and Responses
Andrew, Jill
Toronto—St. Paul's
Armstrong, Teresa
London—Fanshawe
Begum, Doly
Scarborough Southwest
Bouma, Will
Brantford—Brant
Gretzky, Lisa
Windsor West
Harden, Joel
Ottawa Centre
Ke, Vincent
Don Valley North
Khanjin, Andrea
Barrie—Innisfil
Mantha, Michael
Algoma—Manitoulin
Pang, Billy
Markham—Unionville
Rakocevic, Tom
Humber River—Black Creek
Rasheed, Hon. Kaleed
Mississauga East—Cooksville
Romano, Ross
Sault Ste. Marie
Skelly, Donna
Flamborough—Glanbrook
Smith, Laura
Thornhill
Thanigasalam, Vijay
Scarborough—Rouge Park
Vanthof, John
Timiskaming—Cochrane
Vaugeois, Lise
Thunder Bay—Superior North
November 22, 2022
Debated
November 22, 2022
Moved closure
November 23, 2022
Carried on division
Ordered referred to Standing Committee
Standing Committee on Heritage, Infrastructure and Cultural Policy
November 30, 2022
Consideration of a Bill
Standing Committee on Heritage, Infrastructure and Cultural Policy
December 1, 2022
Consideration of a Bill
Standing Committee on Heritage, Infrastructure and Cultural Policy
December 5, 2022
Consideration of a Bill
Standing Committee on Heritage, Infrastructure and Cultural Policy
December 6, 2022
Reported without amendment
Standing Committee on Heritage, Infrastructure and Cultural Policy
Report adopted on division
Third Reading
December 6, 2022
Principal Debaters
Andrew, Jill
Toronto—St. Paul's
Calandra, Hon. Paul
Markham—Stouffville
Clark, Hon. Steve
Leeds—Grenville—Thousand Islands and Rideau Lakes
Coe, Lorne
Whitby
Gélinas, France
Nickel Belt
Glover, Chris
Spadina—Fort York
Holland, Kevin
Thunder Bay—Atikokan
Leardi, Anthony
Essex
McMahon, Mary-Margaret
Beaches—East York
Parsa, Hon. Michael
Aurora—Oak Ridges—Richmond Hill
Rasheed, Hon. Kaleed
Mississauga East—Cooksville
Schreiner, Mike
Guelph
Wong-Tam, Kristyn
Toronto Centre
Questions and Responses
Bailey, Robert
Sarnia—Lambton
Bourgouin, Guy
Mushkegowuk—James Bay
Flack, Rob
Elgin—Middlesex—London
Fraser, John
Ottawa South
Hsu, Ted
Kingston and the Islands
Jones, Trevor
Chatham-Kent—Leamington
Jordan, John
Lanark—Frontenac—Kingston
Khanjin, Andrea
Barrie—Innisfil
Mamakwa, Sol
Kiiwetinoong
Mantha, Michael
Algoma—Manitoulin
Pang, Billy
Markham—Unionville
Rakocevic, Tom
Humber River—Black Creek
Sattler, Peggy
London West
Smith, Laura
Thornhill
Thanigasalam, Vijay
Scarborough—Rouge Park
Vanthof, John
Timiskaming—Cochrane
December 6, 2022
Debated
December 7, 2022
Principal Debaters
Bell, Jessica
University—Rosedale
Burch, Jeff
Niagara Centre
Calandra, Hon. Paul
Markham—Stouffville
Fraser, John
Ottawa South
Gates, Wayne
Niagara Falls
Khanjin, Andrea
Barrie—Innisfil
Pierre, Natalie
Burlington
Smith, Laura
Thornhill
Questions and Responses
Armstrong, Teresa
London—Fanshawe
Begum, Doly
Scarborough Southwest
Bourgouin, Guy
Mushkegowuk—James Bay
French, Jennifer
Oshawa
Gallagher Murphy, Dawn
Newmarket—Aurora
Gill, Hon. Parm
Milton
Harris, Mike
Kitchener—Conestoga
Leardi, Anthony
Essex
Mantha, Michael
Algoma—Manitoulin
Martin, Robin
Eglinton—Lawrence
Rakocevic, Tom
Humber River—Black Creek
Yakabuski, John
Renfrew—Nipissing—Pembroke
December 7, 2022
Debated
December 7, 2022
Moved closure
December 8, 2022
Closure carried on division
Carried on division
Royal Assent
December 8, 2022
Royal Assent received