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Bill 121, Municipal Representation and Restructuring Protection Act, 2019

Horwath, Andrea

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Status

Debates

Original

Bill 121 Original (PDF)

EXPLANATORY

NOTE

The

Bill sets out a declaration by the Province endorsing the principle that its relationship

with municipalities should be based on mutual respect, consultation and

co-operation.

The

Bill provides that the Province shall not introduce legislation containing a

provision that would result in changes to municipal representation or in municipal

restructuring unless there has been public notice and public consultations in the

affected municipalities, and the affected municipalities have passed by-laws

approving the change. The Bill also ensures that regulations containing

changes to municipal representation shall not be made under any Act unless the same

conditions of public notice and consultations and municipal approval are met.

Bill 121 2019

Act to afford municipalities certain protections with respect to legislative changes

affecting their Governance and Structure

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

Mutual

respect between Province and municipalities

The Province

of Ontario endorses, with respect to all municipalities, the following principles

based on subsections 1 (2) and (3) of the City of Toronto

Act, 2006 :

1. It

is in the best interests of the Province and municipalities to work together in

a relationship based on mutual respect, consultation and co-operation.

2. For

the purposes of maintaining such a relationship, it is in the best interests of

the Province and municipalities to engage in ongoing consultations with each

other about matters of mutual interest, in particular with respect to the

composition of municipal councils and the number of wards in municipalities.

Restriction

on changes to municipalities

(1) A

member of the Executive Council shall not include in a bill a provision that would,

if enacted, result in a change described in subsection (2) that affects one or

more municipalities, or authorize a person or entity other than the councils of

the affected municipalities to make such a change, unless,

(

a) the

Province has given public notice of the proposed change in the affected

municipalities;

(

b) the

Province has carried out consultations on the proposed change with the public

in the affected municipalities; and

(

c) the

councils of the affected municipalities have, by by-law, approved the proposed

change.

Changes

(2) Subsection

(1) applies with respect to the following changes:

1. Changes

to the composition of a municipal council.

2. Changes

to the boundaries of one or more wards in a municipality.

3. The

annexation of all or part of a municipality to another municipality.

4. The

amalgamation of a municipality with another municipality.

5. The

separation of a local municipality from an upper-tier municipality for

municipal purposes.

6. The

joining of a local municipality to an upper-tier municipality for municipal

purposes.

7. The

dissolution of all or part of a municipality.

Same,

changes by regulation

(3) A

regulation that changes the composition of a municipal council or the boundaries

of one or more wards in a municipality, or authorize a person or entity other

than a municipal council to make such a change, shall not be made under

section

25 of the City of Toronto Act, 2006 , under

section

451.1 of the Municipal Act, 2001 or under another

section

of those Acts or of any other Acts unless, before the regulation is made,

(

a) the

Province has given public notice of the proposed changes in the municipality;

(

b) the

Province has carried out consultations on the proposed changes with the public

in the municipality; and

(

c) the

municipal council has, by by-law, approved the proposed changes.

Notice

and consultations

(4) The

notice and consultations referred to in clauses (1) (

a) and (

b) and (3) (

a) and

(

b) shall be carried out in accordance with the regulations.

Consent

of municipalities

(5) For

greater certainty, a municipal council may require that a by-law referred to in

clauses (1) (

c) and (3) (

c) receives the assent of its electors in accordance

with

section 8 of the Municipal Elections Act, 1996 .

Regulations

The Lieutenant

Governor in Council may make regulations,

(

a) governing

public notices required under clauses 2 (1) (

a) and 2 (3) (a), including the

form and manner in which the notices are to be given;

(

b) governing

the consultations with the public required under clauses 2 (1) (

b) and 2 (3)

(b), including the manner in which the consultations are to be carried out and

the persons or entities that are to be consulted;

(

c) governing

the approval by municipal councils referred to in clause 2 (1) (

c) and 2 (3) (c).

Commencement

This Act comes into force on the day it receives Royal Assent.

Short

title

The

short title of this Act is the Municipal

Representation and Restructuring Protection Act, 2019 .

Date Bill stage Event Outcome Committee

June 3, 2019

First Reading

Vote

Carried

Debates and Progress

First Reading

June 3, 2019

Committee

Second Reading

Committee

Third Reading

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