Strong Mayors, Building Homes Act, 2022 — Bill 3 (43rd Parliament, 1st Session)
Bill 3, 43-1
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Bill 3, Strong Mayors, Building Homes Act, 2022
Clark, Steve Minister of Municipal Affairs and Housing
Royal Assent received. Statutes of Ontario 2022,
chapter 18
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EXPLANATORY
NOTE
This Explanatory Note was written as a reader’s
aid to Bill 3 and does not form part of the law.
Bill 3 has been enacted as
Chapter 18 of the Statutes of Ontario, 2022.
SCHEDULE 1
CITY OF TORONTO ACT, 2006
The
Schedule amends the City of Toronto Act, 2006 by adding
a new
Part V1.1 which sets out the special powers and duties of the head of
council. The following powers and duties are assigned to the head of council
under this Part:
1. Powers
respecting the chief administrative officer, as described in
section 226.3.
2. Powers
respecting the organizational structure of the City and employment matters, as
described in
section 226.4.
3. Powers
respecting local boards, as described in
section 226.5.
4. Powers
respecting committees, as described in
section 226.6.
5. Powers
respecting meetings, as described in
section 226.8.
6. Veto
powers, as described in
section 226.9.
7. Duties
and powers respecting budgets, as described in
section 226.14.
The
new
Part contains various other related provisions, including rules respecting
delegation, immunity and transition. Authority is provided to the Lieutenant
Governor in Council to prescribe provincial priorities and to the Minister to
make other regulations.
SCHEDULE 2
MUNICIPAL ACT, 2001
The
Schedule amends the Municipal Act, 2001 by adding a
new
Part V1.1 which sets out the special powers and duties of the head of
council in designated municipalities. In those designated municipalities, the
following powers and duties are assigned to the head of council:
1. Powers
respecting the chief administrative officer, as described in
section 284.5.
2. Powers
respecting the organizational structure of the municipality and employment
matters, as described in
section 284.6.
3. Powers
respecting local boards, as described in
section 284.7.
4. Powers
respecting committees, as described in
section 284.8.
5. Powers
respecting meetings, as described in
section 284.10.
6. Veto
powers, as described in
section 284.11.
7. Duties
and powers respecting budgets, as described in
section 284.16.
The
new
Part contains various other related provisions, including rules respecting
delegation, immunity and transition. Authority is provided to the Lieutenant
Governor in Council to prescribe provincial priorities and to the Minister to
make other regulations.
SCHEDULE 3
MUNICIPAL CONFLICT OF INTEREST ACT
The
Schedule amends the Municipal Conflict of Interest Act .
New
section 5.3 sets out the duties of the head of council when they have a
pecuniary interest in a matter and a power or duty under
Part VI.1 of the City of Toronto Act, 2006 or
Part VI.1 of the Municipal Act, 2001 respecting that matter. Various other
consequential amendments are made.
Bill 3 2022
Act to amend various statutes with respect to special powers and duties of
heads of council
CONTENTS
Contents
of this Act
Commencement
Short
title
Schedule 1
City
of Toronto Act, 2006
Schedule 2
Municipal
Act, 2001
Schedule 3
Municipal
Conflict of Interest Act
Her
Majesty, by and with the advice and consent of the Legislative Assembly of the
Province of Ontario, enacts as follows:
Contents
of this Act
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 Strong Mayors, Building Homes Act,
2022 .
SCHEDULE 1
CITY OF TORONTO ACT, 2006
Section 140 of the City of Toronto Act, 2006 is
repealed.
The Act is amended by adding the following Part:
PART
VI.1
SPECIAL POWERS AND DUTIES OF THE HEAD OF COUNCIL
Directions
to city employees
226.1 For the purposes of
exercising powers or performing duties under this Part, the head of council
may, in writing, exercise the powers of the City to direct city employees to,
(
a) undertake
research and provide advice to the head of council and city council on policies
and programs of the City 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.
writing
226.2
(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.
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.
Powers
re chief administrative officer
226.3 The head of council may
appoint a chief administrative officer who shall be responsible for,
(
a) exercising
general control and management of the affairs of the City for the purpose of
ensuring the efficient and effective operation of the City; and
(
b) performing
such other duties as are assigned by the head of council.
Powers
re organizational structure
226.4
(1) Subject
to subsection (3), the powers of the City with respect to determining the
organizational structure of the City are assigned to the head of council.
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.
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 168.
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.
Transition
(4) Any
organizational structure in place in the City immediately before the day
section 2 of
Schedule 1 to the Strong Mayors, Building
Homes Act, 2022 came into force shall continue unless the organizational
structure is changed by the head of council under subsection (1) of this
section.
Same
(5) The
head of any division or of any other part of the organizational structure who
held that position immediately before the day
section 2 of
Schedule 1 to the Strong Mayors, Building Homes Act, 2022 came into
force shall continue in that position unless they are dismissed by the head of
council under subsection (2) of this section.
Same
(6) The
head of council may exercise a power under subsection (2) with respect to a
person regardless of when that person started their employment.
Powers
re local boards
226.5 The power of the City
to appoint the 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.
Powers
re committees
226.6 Subject to the
regulations, if any, the following powers of the City 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 the chairs and vice-chairs of committees.
3. The
power to assign functions to committees.
Provincial
priorities
226.7
(1) The Lieutenant
Governor in Council may, by regulation, prescribe provincial priorities for the
purposes of sections 226.8 and 226.9.
Same
(2) For
greater certainty, sections 226.8 and 226.9 only apply if the Lieutenant
Governor in Council prescribes provincial priorities.
Powers
re meetings
226.8
(1) Despite
any procedure by-law passed by the City under subsection 189 (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 city council to consider the matter at a meeting.
Interpretation
(2) In
this section,
“meeting”
has the same meaning as in subsection 189 (1).
Veto powers
Application
226.9
(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.
By-law
for consideration
(2) Despite
any procedure by-law passed by the City under subsection 189 (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 city council of the intent to consider vetoing the
by-law.
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 city council voted in favour of the by-law or
the prescribed deadline, if any.
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 city 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 City,
and
(ii) two
days after the day city 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 City,
and
(ii) 14
days, or such other prescribed time period, after the day city council voted in
favour of the by-law.
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.
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.
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 city 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.
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 city council.
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 city council under clause (7) (a), city
council may override the head of council’s veto if two-thirds of the members of
council vote to override the veto.
Head
of council may vote
(10) For
greater certainty, the head of council may vote as a member of city council in
a vote to override a veto.
Effect
of override
(11) If
city council overrides the veto, subsection (8) does not apply and the by law
shall be deemed to have passed on the day city council votes to override the
veto.
No notice
(12) The
head of council shall not give notice under subsection (3) after giving
approval under subclause (4) (a) (i).
Vacancy,
head of council
226.10
(1) Despite
section 208, if a vacancy occurs in the office of head of council, the City
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.
Rules
applying to filling vacancies
(2) Subject
to subsection (3) and the regulations, if any, the following rules apply to
filling vacancies in the office of head of council:
1. Within
60 days after the day a declaration of vacancy is made under
section 207 with
respect to the vacancy, the City shall pass a by-law requiring a by-election to
be held to fill the vacancy.
2. Despite
paragraph 1, if a court declares the office of head of council to be vacant,
the City shall act under subsection (1) within 60 days after the court makes
its declaration.
3. Despite
subsection (1), if a vacancy occurs within 90 days before voting day of a
regular election, the City is not required to fill the vacancy.
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 207 with
respect to the vacancy, the City shall fill the vacancy by appointing a person
who has consented to accept the office if appointed; and
(
b) for
the remainder of the term of the head of council appointed under clause (a),
(
i) the
head of council appointed under clause (
a) shall not exercise the powers or
perform the duties in this Part, and
(ii) the
prescribed powers and duties of the head of council in this Part are assigned
to the City.
Delegation
226.11
(1) Subject
to the prescribed limitations, if any, the head of council may delegate their
powers and duties under the following sections:
Section
226.3 (chief administrative officer).
Section
226.4 (organizational structure).
Section
226.5 (local boards).
Section
226.6 (committees).
Same
(2) The
rules in subsection 20 (2) apply with necessary modifications to a delegation
under subsection (1).
Immunity
226.12 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.
Transition
226.13
(1) A person
who held one of the following positions immediately before the day
section 2 of
Schedule 1 to the Strong Mayors, Building Homes Act, 2022 came
into force shall continue in that position unless they are dismissed or their
appointment is revoked, as the case may be, by the head of council:
1. Chief
administrative officer.
2. Chair
or vice-chair of a local board.
3. Chair
or vice-chair of a committee.
Same
(2) The
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.
Powers
and duties re budget
226.14
(1) In
accordance with this
section and subject to the regulations, the powers and
duties of the City with respect to proposing and adopting a budget are assigned
to the head of council.
Proposed
budget
(2) The
head of council shall, in accordance with the regulations, prepare a proposed
budget for the City and provide the proposed budget to city council for city
council’s consideration.
City
council may adopt or amend budget
(3) After
receiving the proposed budget, city council may, in accordance with the
regulations, pass a resolution making an amendment to the proposed budget.
Veto
power
(4) The
head of council may, in accordance with the regulations, veto a resolution
passed under subsection (3).
Override
of veto
(5) City
council may, in accordance with the regulations, override the head of council’s
veto under subsection (4) if two-thirds of the members of city council vote to
override the veto.
Adoption
of budget
(6) The
budget for the City shall be adopted in accordance with the regulations.
Same
(7) For
greater certainty, the regulations may provide for the circumstances in which
the budget is deemed to be adopted.
Regulations
226.15
(1) The
Minister may make regulations for the purposes of this Part, including,
(
a) requiring
the head of council to make information and documents available to city council,
the public and other persons or classes of persons and prescribing the
information and documents to be made available;
(
b) respecting
the form, manner and timing in which information and documents are to be made
available to city council, the public or other persons or classes of persons;
(
c) respecting
procedures and rules the head of council is required to follow in exercising a
power or performing a duty under this Part;
(
d) respecting
the powers assigned to the head of council in connection with committees, for
the purposes of
section 226.6;
(
e) governing
by-elections with respect to the office of head of council for the purposes of
section 226.10;
(
f) respecting
procedures, rules and other matters in connection with filling a vacancy in the
office of the head of council;
(
g) providing
for such transitional matters as the Minister considers necessary or advisable
in connection with the implementation of this Part;
(
h) defining,
for the purposes of this Part and any regulations under this Part, any word or
expression not defined in
section 3 of this Act, and in so doing may define a
word or expression differently for different provisions;
(
i) respecting
the use of powers and performance of duties under this Part, including
respecting conditions and limits with respect to their use or performance;
(
j) providing
that the head of council cannot use a power or perform a duty, assigning those powers
and duties to city council and prescribing procedures, rules and other matters
in connection with such circumstances;
(
k) 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;
(
l) prescribing
deadlines, dates and time periods for the purposes of this Part.
Same
(2) Subject
to subsection 226.7 (1), the Minister may make regulations prescribing anything
that, under this Part, may or must be prescribed.
Regulations,
budget
(3) The
Minister may, for the purposes of
section 226.14, make regulations,
(
a) respecting
the powers and duties of the head of council and of city council in connection
with preparing and adopting a budget;
(
b) respecting
procedures, rules and other matters in connection with preparing and adopting a
budget; and
(
c) providing
for the circumstances in which the budget is deemed to be adopted.
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.
Commencement
3 This
Schedule comes into force on a day to be named by
proclamation of the Lieutenant Governor.
SCHEDULE 2
MUNICIPAL ACT, 2001
The Municipal Act, 2001 is amended by adding the
following Part:
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.
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.
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.
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.
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.
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.
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.
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.
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).
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).
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.
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.
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.
Provincial
priorities
284.9
(1) The Lieutenant
Governor in Council may, by regulation, prescribe provincial priorities for the
purposes of sections 284.10 and 284.11.
Same
(2) For
greater certainty, sections 284.10 and 284.11 only apply if the Lieutenant
Governor in Council prescribes provincial priorities.
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.
Interpretation
(2) In
this section,
“meeting”
has the same meaning as in subsection 238 (1).
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.
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.
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.
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.
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.
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.
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.
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 .
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.
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.
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.
notice
(12) The
head of council shall not give notice under subsection (3) after giving
approval under subclause (4) (a) (i).
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.
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.
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).
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.
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:
Section
284.5 (chief administrative officer).
Section
284.6 (organizational structure).
Section
284.7 (local boards).
Section
284.8 (committees).
Same
(2) The
rules in subsection 23.1 (2) apply with necessary modifications to a delegation
under subsection (1).
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.
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.
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.
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.
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.
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.
Veto
power
(4) The
head of council may, in accordance with the regulations, veto a resolution
passed under subsection (3).
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.
Adoption
of budget
(6) The
budget for the municipality shall be adopted in accordance with the regulations.
Same
(7) For
greater certainty, the regulations may provide for the circumstances in which
the budget is deemed to be adopted.
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 is required to follow in exercising a
power or performing a duty under 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.
Same
(2) Subject
to subsection 284.9 (1), the Minister may make regulations prescribing anything
that, under this Part, may or must be prescribed.
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.
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.
Commencement
2 This
Schedule comes into force on a day to be named by
proclamation of the Lieutenant Governor.
SCHEDULE 3
MUNICIPAL CONFLICT OF INTEREST ACT
Section 4 of the Municipal Conflict of Interest Act is
amended by striking out “Sections 5 and 5.2” at the beginning of the portion
before clause (
a) and substituting “Sections 5, 5.2 and 5.3”.
The Act is amended by adding the following
section immediately before the
heading “Record of Disclosure”:
Head
of council
5.3
(1) Where a
head of council of a municipality either on their own behalf or while acting
for, by, with or through another, has any pecuniary interest, direct or
indirect, in any matter of the municipality and has a power or duty listed in
subsection (2) with respect to the matter, the head of council,
(
a) shall,
upon becoming aware of the interest in the matter, disclose the interest by
filing a written statement of the interest and its general nature with the
clerk of the municipality;
(
b) shall
not use the power or exercise the duty with respect to the matter; and
(
c) shall
not use their office in any way to attempt to influence any decision or
recommendation of the municipality that results from consideration of the
matter.
Same
(2) For
the purposes of subsection (1), the powers and duties are the powers and duties
of a head of council in
Part VI.1 of the Municipal Act,
2001 and
Part VI.1 of the City of Toronto Act, 2006
but do not include the power to delegate in
section 284.13 of the Municipal Act, 2001 and
section 226.11 of the City of Toronto Act, 2006 .
Clause 6.1 (1) (
a) is amended by striking out “section 5.1” and substituting
“section 5.1 or 5.3”.
Subsections 8 (1) and (7), 9 (1), 12 (1), (2) and (3) and 14 (1) of the Act are
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”.
Commencement
This
Schedule comes into force on a day to be named by proclamation of the
Lieutenant Governor.
Bill 3 Original (PDF)
EXPLANATORY NOTE
SCHEDULE 1
CITY OF TORONTO ACT, 2006
The
Schedule amends the City of Toronto Act, 2006 by adding a new
Part V1.1 which sets out the special powers and duties of the head of council. The following powers and duties are assigned to the head of council under this Part:
1. Powers respecting the chief administrative officer, as described in
section 226.3.
2. Powers respecting the organizational structure of the City and employment matters, as described in
section 226.4.
3. Powers respecting local boards, as described in
section 226.5.
4. Powers respecting committees, as described in
section 226.6.
5. Powers respecting meetings, as described in
section 226.8.
6. Veto powers, as described in
section 226.9.
7. Duties and powers respecting budgets, as described in
section 226.14.
The new
Part contains various other related provisions, including rules respecting delegation, immunity and transition. Authority is provided to the Lieutenant Governor in Council to prescribe provincial priorities and to the Minister to make other regulations.
SCHEDULE 2
MUNICIPAL ACT, 2001
The
Schedule amends the Municipal Act, 2001 by adding a new
Part V1.1 which sets out the special powers and duties of the head of council in designated municipalities. In those designated municipalities, the following powers and duties are assigned to the head of council:
1. Powers respecting the chief administrative officer, as described in
section 284.5.
2. Powers respecting the organizational structure of the municipality and employment matters, as described in
section 284.6.
3. Powers respecting local boards, as described in
section 284.7.
4. Powers respecting committees, as described in
section 284.8.
5. Powers respecting meetings, as described in
section 284.10.
6. Veto powers, as described in
section 284.11.
7. Duties and powers respecting budgets, as described in
section 284.16.
The new
Part contains various other related provisions, including rules respecting delegation, immunity and transition. Authority is provided to the Lieutenant Governor in Council to prescribe provincial priorities and to the Minister to make other regulations.
SCHEDULE 3
MUNICIPAL CONFLICT OF INTEREST ACT
The
Schedule amends the Municipal Conflict of Interest Act . New
section 5.3 sets out the duties of the head of council when they have a pecuniary interest in a matter and a power or duty under
Part VI.1 of the City of Toronto Act, 2006 or
Part VI.1 of the Municipal Act, 2001 respecting that matter. Various other consequential amendments are made.
Bill 3 2022
An Act to amend various statutes with respect to special powers and duties of heads of council
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
CONTENTS
Contents of this Act
Commencement
Short title
Schedule 1
City of Toronto Act, 2006
Schedule 2
Municipal Act, 2001
Schedule 3
Municipal Conflict of Interest Act
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 Strong Mayors, Building Homes Act, 2022 .
SCHEDULE 1
CITY OF TORONTO ACT, 2006
Section 140 of the City of Toronto Act, 2006 is repealed.
2 The Act is amended by adding the following Part:
PART VI.1
SPECIAL POWERS AND DUTIES OF THE HEAD OF COUNCIL
Directions to city employees
226.1 For the purposes of exercising powers or performing duties under this Part, the head of council may, in writing, exercise the powers of the City to direct city employees to,
(
a) undertake research and provide advice to the head of council and city council on policies and programs of the City 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.
In writing
226.2
(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.
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.
Powers re chief administrative officer
226.3 The head of council may appoint a chief administrative officer who shall be responsible for,
(
a) exercising general control and management of the affairs of the City for the purpose of ensuring the efficient and effective operation of the City; and
(
b) performing such other duties as are assigned by the head of council.
Powers re organizational structure
226.4
(1) Subject to subsection (3), the powers of the City with respect to determining the organizational structure of the City are assigned to the head of council.
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.
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 168.
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.
Transition
(4) Any organizational structure in place in the City immediately before the day
section 2 of
Schedule 1 to the Strong Mayors, Building Homes Act, 2022 came into force shall continue unless the organizational structure is changed by the head of council under subsection (1) of this section.
Same
(5) The head of any division or of any other part of the organizational structure who held that position immediately before the day
section 2 of
Schedule 1 to the Strong Mayors, Building Homes Act, 2022 came into force shall continue in that position unless they are dismissed by the head of council under subsection (2) of this section.
Same
(6) The head of council may exercise a power under subsection (2) with respect to a person regardless of when that person started their employment.
Powers re local boards
226.5 The power of the City to appoint the 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.
Powers re committees
226.6 Subject to the regulations, if any, the following powers of the City 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 the chairs and vice-chairs of committees.
3. The power to assign functions to committees.
Provincial priorities
226.7
(1) The Lieutenant Governor in Council may, by regulation, prescribe provincial priorities for the purposes of sections 226.8 and 226.9.
Same
(2) For greater certainty, sections 226.8 and 226.9 only apply if the Lieutenant Governor in Council prescribes provincial priorities.
Powers re meetings
226.8
(1) Despite any procedure by-law passed by the City under subsection 189 (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 city council to consider the matter at a meeting.
Interpretation
(2) In this section,
“meeting” has the same meaning as in subsection 189 (1).
Veto powers
Application
226.9
(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.
By-law for consideration
(2) Despite any procedure by-law passed by the City under subsection 189 (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 city council of the intent to consider vetoing the by-law.
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 city council voted in favour of the by-law or the prescribed deadline, if any.
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 city 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 City, and
(ii) two days after the day city 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 City, and
(ii) 14 days, or such other prescribed time period, after the day city council voted in favour of the by-law.
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.
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.
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 city 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.
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 city council.
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 city council under clause (7) (a), city council may override the head of council’s veto if two-thirds of the members of council vote to override the veto.
Head of council may vote
(10) For greater certainty, the head of council may vote as a member of city council in a vote to override a veto.
Effect of override
(11) If city council overrides the veto, subsection (8) does not apply and the by law shall be deemed to have passed on the day city council votes to override the veto.
No notice
(12) The head of council shall not give notice under subsection (3) after giving approval under subclause (4) (a) (i).
Vacancy, head of council
226.10
(1) Despite
section 208, if a vacancy occurs in the office of head of council, the City 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.
Rules applying to filling vacancies
(2) Subject to subsection (3) and the regulations, if any, the following rules apply to filling vacancies in the office of head of council:
1. Within 60 days after the day a declaration of vacancy is made under
section 207 with respect to the vacancy, the City shall pass a by-law requiring a by-election to be held to fill the vacancy.
2. Despite paragraph 1, if a court declares the office of head of council to be vacant, the City shall act under subsection (1) within 60 days after the court makes its declaration.
3. Despite subsection (1), if a vacancy occurs within 90 days before voting day of a regular election, the City is not required to fill the vacancy.
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 207 with respect to the vacancy, the City shall fill the vacancy by appointing a person who has consented to accept the office if appointed; and
(
b) for the remainder of the term of the head of council appointed under clause (a),
(
i) the head of council appointed under clause (
a) shall not exercise the powers or perform the duties in this Part, and
(ii) the prescribed powers and duties of the head of council in this Part are assigned to the City.
Delegation
226.11
(1) Subject to the prescribed limitations, if any, the head of council may delegate their powers and duties under the following sections:
Section 226.3 (chief administrative officer).
Section 226.4 (organizational structure).
Section 226.5 (local boards).
Section 226.6 (committees).
Same
(2) The rules in subsection 20 (2) apply with necessary modifications to a delegation under subsection (1).
Immunity
226.12 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.
Transition
226.13
(1) A person who held one of the following positions immediately before the day
section 2 of
Schedule 1 to the Strong Mayors, Building Homes Act, 2022 came into force shall continue in that position unless they are dismissed or their appointment is revoked, as the case may be, by the head of council:
1. Chief administrative officer.
2. Chair or vice-chair of a local board.
3. Chair or vice-chair of a committee.
Same
(2) The 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.
Powers and duties re budget
226.14
(1) In accordance with this
section and subject to the regulations, the powers and duties of the City with respect to proposing and adopting a budget are assigned to the head of council.
Proposed budget
(2) The head of council shall, in accordance with the regulations, prepare a proposed budget for the City and provide the proposed budget to city council for city council’s consideration.
City council may adopt or amend budget
(3) After receiving the proposed budget, city council may, in accordance with the regulations, pass a resolution making an amendment to the proposed budget.
Veto power
(4) The head of council may, in accordance with the regulations, veto a resolution passed under subsection (3).
Override of veto
(5) City council may, in accordance with the regulations, override the head of council’s veto under subsection (4) if two-thirds of the members of city council vote to override the veto.
Adoption of budget
(6) The budget for the City shall be adopted in accordance with the regulations.
Same
(7) For greater certainty, the regulations may provide for the circumstances in which the budget is deemed to be adopted.
Regulations
226.15
(1) The Minister may make regulations for the purposes of this Part, including,
(
a) requiring the head of council to make information and documents available to city council, the public and other persons or classes of persons and prescribing the information and documents to be made available;
(
b) respecting the form, manner and timing in which information and documents are to be made available to city council, the public or other persons or classes of persons;
(
c) respecting procedures and rules the head of council is required to follow in exercising a power or performing a duty under this Part;
(
d) respecting the powers assigned to the head of council in connection with committees, for the purposes of
section 226.6;
(
e) governing by-elections with respect to the office of head of council for the purposes of
section 226.10;
(
f) respecting procedures, rules and other matters in connection with filling a vacancy in the office of the head of council;
(
g) providing for such transitional matters as the Minister considers necessary or advisable in connection with the implementation of this Part;
(
h) defining, for the purposes of this Part and any regulations under this Part, any word or expression not defined in
section 3 of this Act, and in so doing may define a word or expression differently for different provisions;
(
i) respecting the use of powers and performance of duties under this Part, including respecting conditions and limits with respect to their use or performance;
(
j) providing that the head of council cannot use a power or perform a duty, assigning those powers and duties to city council and prescribing procedures, rules and other matters in connection with such circumstances;
(
k) 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;
(
l) prescribing deadlines, dates and time periods for the purposes of this Part.
Same
(2) Subject to subsection 226.7 (1), the Minister may make regulations prescribing anything that, under this Part, may or must be prescribed.
Regulations, budget
(3) The Minister may, for the purposes of
section 226.14, make regulations,
(
a) respecting the powers and duties of the head of council and of city council in connection with preparing and adopting a budget;
(
b) respecting procedures, rules and other matters in connection with preparing and adopting a budget; and
(
c) providing for the circumstances in which the budget is deemed to be adopted.
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.
Commencement
3 This
Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.
SCHEDULE 2
MUNICIPAL ACT, 2001
1 The Municipal Act, 2001 is amended by adding the following Part:
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.
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.
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.
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.
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.
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.
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.
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.
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).
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).
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.
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.
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.
Provincial priorities
284.9
(1) The Lieutenant Governor in Council may, by regulation, prescribe provincial priorities for the purposes of sections 284.10 and 284.11.
Same
(2) For greater certainty, sections 284.10 and 284.11 only apply if the Lieutenant Governor in Council prescribes provincial priorities.
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.
Interpretation
(2) In this section,
“meeting” has the same meaning as in subsection 238 (1).
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.
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.
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.
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.
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.
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.
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.
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 .
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.
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.
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.
No notice
(12) The head of council shall not give notice under subsection (3) after giving approval under subclause (4) (a) (i).
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.
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.
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).
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.
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:
Section 284.5 (chief administrative officer).
Section 284.6 (organizational structure).
Section 284.7 (local boards).
Section 284.8 (committees).
Same
(2) The rules in subsection 23.1 (2) apply with necessary modifications to a delegation under subsection (1).
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.
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.
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.
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.
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.
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.
Veto power
(4) The head of council may, in accordance with the regulations, veto a resolution passed under subsection (3).
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.
Adoption of budget
(6) The budget for the municipality shall be adopted in accordance with the regulations.
Same
(7) For greater certainty, the regulations may provide for the circumstances in which the budget is deemed to be adopted.
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 is required to follow in exercising a power or performing a duty under 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.
Same
(2) Subject to subsection 284.9 (1), the Minister may make regulations prescribing anything that, under this Part, may or must be prescribed.
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.
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.
Commencement
2 This
Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.
SCHEDULE 3
MUNICIPAL CONFLICT OF INTEREST ACT
Section 4 of the Municipal Conflict of Interest Act is amended by striking out “Sections 5 and 5.2” at the beginning of the portion before clause (
a) and substituting “Sections 5, 5.2 and 5.3”.
2 The Act is amended by adding the following
section immediately before the heading “Record of Disclosure”:
Head of council
5.3
(1) Where a head of council of a municipality either on their own behalf or while acting for, by, with or through another, has any pecuniary interest, direct or indirect, in any matter of the municipality and has a power or duty listed in subsection (2) with respect to the matter, the head of council,
(
a) shall, upon becoming aware of the interest in the matter, disclose the interest by filing a written statement of the interest and its general nature with the clerk of the municipality;
(
b) shall not use the power or exercise the duty with respect to the matter; and
(
c) shall not use their office in any way to attempt to influence any decision or recommendation of the municipality that results from consideration of the matter.
Same
(2) For the purposes of subsection (1), the powers and duties are the powers and duties of a head of council in
Part VI.1 of the Municipal Act, 2001 and
Part VI.1 of the City of Toronto Act, 2006 but do not include the power to delegate in
section 284.13 of the Municipal Act, 2001 and
section 226.11 of the City of Toronto Act, 2006 .
3 Clause 6.1 (1) (
a) is amended by striking out “section 5.1” and substituting “section 5.1 or 5.3”.
4 Subsections 8 (1) and (7), 9 (1), 12 (1), (2) and (3) and 14 (1) of the Act are 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”.
Commencement
5 This
Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.
Date Bill stage Event Outcome Committee
September 8, 2022
Royal Assent
Royal Assent received
September 8, 2022
Third Reading
Vote
Carried on division
September 8, 2022
Third Reading
Question put
September 8, 2022
Third Reading
Closure
Carried on division
September 7, 2022
Third Reading
Moved closure
Vote deferred
September 7, 2022
Third Reading
Debated
September 7, 2022
Third Reading
Debated
Debate adjourned
September 6, 2022
Third Reading
Debated
Debate adjourned
September 6, 2022
Third Reading
Debated
Debate adjourned
August 31, 2022
Second Reading
Ordered for Third Reading
August 31, 2022
Second Reading
Report adopted
August 31, 2022
Second Reading
Reported without amendment
Standing Committee on Heritage, Infrastructure and Cultural Policy
August 31, 2022
Second Reading
Consideration of a Bill
Standing Committee on Heritage, Infrastructure and Cultural Policy
August 29, 2022
Second Reading
Consideration of a Bill
Standing Committee on Heritage, Infrastructure and Cultural Policy
August 25, 2022
Second Reading
Consideration of a Bill
Standing Committee on Heritage, Infrastructure and Cultural Policy
August 18, 2022
Second Reading
Ordered referred to Standing Committee
Standing Committee on Heritage, Infrastructure and Cultural Policy
August 18, 2022
Second Reading
Vote
Carried on division
August 18, 2022
Second Reading
Question put
August 18, 2022
Second Reading
Closure
Carried on division
August 17, 2022
Second Reading
Moved closure
Vote deferred
August 17, 2022
Second Reading
Debated
August 17, 2022
Second Reading
Debated
Debate adjourned
August 11, 2022
Second Reading
Debated
Debate adjourned
August 10, 2022
First Reading
Ordered for Second Reading
August 10, 2022
First Reading
Vote
Carried
First Reading
August 10, 2022
Carried
Second Reading
August 11, 2022
Principal Debaters
Bell, Jessica
University—Rosedale
Blais, Stephen
Orléans
Burch, Jeff
Niagara Centre
Byers, Rick
Bruce—Grey—Owen Sound
Clark, Hon. Steve
Leeds—Grenville—Thousand Islands and Rideau Lakes
Ford, Hon. Michael
York South—Weston
Holland, Kevin
Thunder Bay—Atikokan
McCarthy, Todd
Durham
Parsa, Hon. Michael
Aurora—Oak Ridges—Richmond Hill
Sattler, Peggy
London West
Stiles, Marit
Davenport
Tibollo, Hon. Michael A.
Vaughan—Woodbridge
Questions and Responses
Anand, Deepak
Mississauga—Malton
Andrew, Jill
Toronto—St. Paul's
Armstrong, Teresa
London—Fanshawe
Babikian, Aris
Scarborough—Agincourt
Bresee, Ric
Hastings—Lennox and Addington
Crawford, Stephen
Oakville
Cuzzetto, Rudy
Mississauga—Lakeshore
Dixon, Jess
Kitchener South—Hespeler
Flack, Rob
Elgin—Middlesex—London
Jordan, John
Lanark—Frontenac—Kingston
Kanapathi, Logan
Markham—Thornhill
Kernaghan, Terence
London North Centre
Khanjin, Andrea
Barrie—Innisfil
McMahon, Mary-Margaret
Beaches—East York
Rae, Matthew
Perth—Wellington
Rakocevic, Tom
Humber River—Black Creek
Shaw, Sandy
Hamilton West—Ancaster—Dundas
Smith, Hon. Graydon
Parry Sound—Muskoka
Stiles, Marit
Davenport
Wong-Tam, Kristyn
Toronto Centre
August 17, 2022
Principal Debaters
Harris, Mike
Kitchener—Conestoga
Mantha, Michael
Algoma—Manitoulin
Smith, Dave
Peterborough—Kawartha
Taylor, Monique
Hamilton Mountain
Vanthof, John
Timiskaming—Cochrane
Wong-Tam, Kristyn
Toronto Centre
Questions and Responses
Andrew, Jill
Toronto—St. Paul's
Gallagher Murphy, Dawn
Newmarket—Aurora
Gill, Hon. Parm
Milton
Romano, Ross
Sault Ste. Marie
Shaw, Sandy
Hamilton West—Ancaster—Dundas
August 18, 2022
Closure carried on division
Carried on division
Ordered referred to Standing Committee
Standing Committee on Heritage, Infrastructure and Cultural Policy
August 25, 2022
Consideration of a Bill
Standing Committee on Heritage, Infrastructure and Cultural Policy
August 29, 2022
Consideration of a Bill
Standing Committee on Heritage, Infrastructure and Cultural Policy
August 31, 2022
Consideration of a Bill
Standing Committee on Heritage, Infrastructure and Cultural Policy
August 31, 2022
Reported without amendment
Standing Committee on Heritage, Infrastructure and Cultural Policy
Ordered for Third Reading
Third Reading
September 6, 2022
Debated
September 6, 2022
Principal Debaters
Anand, Deepak
Mississauga—Malton
Blais, Stephen
Orléans
Burch, Jeff
Niagara Centre
Clark, Hon. Steve
Leeds—Grenville—Thousand Islands and Rideau Lakes
Dowie, Andrew
Windsor—Tecumseh
Holland, Kevin
Thunder Bay—Atikokan
Parsa, Hon. Michael
Aurora—Oak Ridges—Richmond Hill
Pasma, Chandra
Ottawa West—Nepean
Questions and Responses
Andrew, Jill
Toronto—St. Paul's
Armstrong, Teresa
London—Fanshawe
Bell, Jessica
University—Rosedale
Bouma, Will
Brantford—Brant
Cuzzetto, Rudy
Mississauga—Lakeshore
Fraser, John
Ottawa South
Ke, Vincent
Don Valley North
Kusendova-Bashta, Natalia
Mississauga Centre
Mantha, Michael
Algoma—Manitoulin
McMahon, Mary-Margaret
Beaches—East York
Pang, Billy
Markham—Unionville
Rakocevic, Tom
Humber River—Black Creek
Sattler, Peggy
London West
Skelly, Donna
Flamborough—Glanbrook
Smith, Laura
Thornhill
Stevens, Jennifer (Jennie)
St. Catharines
Wong-Tam, Kristyn
Toronto Centre
Yakabuski, John
Renfrew—Nipissing—Pembroke
September 7, 2022
Principal Debaters
Harden, Joel
Ottawa Centre
Harris, Mike
Kitchener—Conestoga
McMahon, Mary-Margaret
Beaches—East York
Sarrazin, Stéphane
Glengarry—Prescott—Russell
Stiles, Marit
Davenport
Wai, Daisy
Richmond Hill
Wong-Tam, Kristyn
Toronto Centre
Yakabuski, John
Renfrew—Nipissing—Pembroke
Questions and Responses
Blais, Stephen
Orléans
Bourgouin, Guy
Mushkegowuk—James Bay
Calandra, Hon. Paul
Markham—Stouffville
Downey, Hon. Doug
Barrie—Springwater—Oro-Medonte
Fraser, John
Ottawa South
French, Jennifer
Oshawa
Gallagher Murphy, Dawn
Newmarket—Aurora
Gates, Wayne
Niagara Falls
Gélinas, France
Nickel Belt
Ghamari, Goldie
Carleton
Glover, Chris
Spadina—Fort York
Gretzky, Lisa
Windsor West
Grewal, Hardeep
Brampton East
Mantha, Michael
Algoma—Manitoulin
Martin, Robin
Eglinton—Lawrence
Romano, Ross
Sault Ste. Marie
Shaw, Sandy
Hamilton West—Ancaster—Dundas
Smith, Dave
Peterborough—Kawartha
West, Jamie
Sudbury
September 7, 2022
Debated
Moved closure
September 8, 2022
Closure carried on division
Question put
Carried on division
Royal Assent
September 8, 2022
Royal Assent received
Vote on third reading - Carried (September 8, 2022)
Ayes
(74) Deepak Anand
Aris Babikian
Robert Bailey
Patrice Barnes
Hon. Peter Bethlenfalvy
Will Bouma
Ric Bresee
Rick Byers
Hon. Paul Calandra
Hon. Raymond Sung Joon Cho
Hon. Stan Cho
Hon. Steve Clark
Lorne Coe
Hon. Stephen Crawford
Rudy Cuzzetto
Jess Dixon
Andrew Dowie
Hon. Doug Downey
Hon. Jill Dunlop
Hon. Rob Flack
Hon. Doug Ford
Merrilee Fullerton
Dawn Gallagher Murphy
Goldie Ghamari
Hon. Ernie Hardeman
Hon. Mike Harris
Christine Hogarth
Hon. Kevin Holland
Hon. Sylvia Jones
Hon. Trevor Jones
John Jordan
Logan Kanapathi
Vincent Ke
Hon. Michael S. Kerzner
Hon. Natalia Kusendova-Bashta
Anthony Leardi
Hon. Stephen Lecce
Hon. Neil Lumsden
Robin Martin
Hon. Todd J. McCarthy
Hon. Graham McGregor
Monte McNaughton
Hon. Caroline Mulroney
Hon. Sam Oosterhoff
Billy Pang
Hon. Michael Parsa
Hon. David Piccini
Natalie Pierre
Hon. George Pirie
Hon. Nolan Quinn
Matthew Rae
Kaleed Rasheed
Hon. Greg Rickford
Brian Riddell
Ross Romano
Sheref Sabawy
Hon. Prabmeet Singh Sarkaria
Stéphane Sarrazin
Brian Saunderson
Hon. Laurie Scott
Hon. Donna Skelly
Dave Smith
David Smith
Hon. Graydon Smith
Laura Smith
Todd Smith
Hon. Kinga Surma
Hon. Nina Tangri
Hon. Vijay Thanigasalam
Hon. Lisa M. Thompson
Effie J. Triantafilopoulos
Daisy Wai
Hon. Charmaine A. Williams
John Yakabuski
Nays
(31) Jill Andrew
Teresa J. Armstrong
Jessica Bell
Stephen Blais
Guy Bourgouin
Stephanie Bowman
Jeff Burch
Lucille Collard
Catherine Fife
Jennifer K. French
Wayne Gates
France Gélinas
Chris Glover
Lisa Gretzky
Joel Harden
Ted Hsu
Mitzie Hunter
Terence Kernaghan
Mary-Margaret McMahon
Chandra Pasma
Tom Rakocevic
Peggy Sattler
Mike Schreiner
Sandy Shaw
Jennifer (Jennie) Stevens
Marit Stiles
Monique Taylor
John Vanthof
Lise Vaugeois
Jamie West
Kristyn Wong-Tam
Closure on third reading - Carried (September 8, 2022)
Ayes
(74) Deepak Anand
Aris Babikian
Robert Bailey
Patrice Barnes
Hon. Peter Bethlenfalvy
Will Bouma
Ric Bresee
Rick Byers
Hon. Paul Calandra
Hon. Raymond Sung Joon Cho
Hon. Stan Cho
Hon. Steve Clark
Lorne Coe
Hon. Stephen Crawford
Rudy Cuzzetto
Jess Dixon
Andrew Dowie
Hon. Doug Downey
Hon. Jill Dunlop
Hon. Rob Flack
Hon. Doug Ford
Merrilee Fullerton
Dawn Gallagher Murphy
Goldie Ghamari
Hon. Ernie Hardeman
Hon. Mike Harris
Christine Hogarth
Hon. Kevin Holland
Hon. Sylvia Jones
Hon. Trevor Jones
John Jordan
Logan Kanapathi
Vincent Ke
Hon. Michael S. Kerzner
Hon. Natalia Kusendova-Bashta
Anthony Leardi
Hon. Stephen Lecce
Hon. Neil Lumsden
Robin Martin
Hon. Todd J. McCarthy
Hon. Graham McGregor
Monte McNaughton
Hon. Caroline Mulroney
Hon. Sam Oosterhoff
Billy Pang
Hon. Michael Parsa
Hon. David Piccini
Natalie Pierre
Hon. George Pirie
Hon. Nolan Quinn
Matthew Rae
Kaleed Rasheed
Hon. Greg Rickford
Brian Riddell
Ross Romano
Sheref Sabawy
Hon. Prabmeet Singh Sarkaria
Stéphane Sarrazin
Brian Saunderson
Hon. Laurie Scott
Hon. Donna Skelly
Dave Smith
David Smith
Hon. Graydon Smith
Laura Smith
Todd Smith
Hon. Kinga Surma
Hon. Nina Tangri
Hon. Vijay Thanigasalam
Hon. Lisa M. Thompson
Effie J. Triantafilopoulos
Daisy Wai
Hon. Charmaine A. Williams
John Yakabuski
Nays
(31) Jill Andrew
Teresa J. Armstrong
Jessica Bell
Stephen Blais
Guy Bourgouin
Stephanie Bowman
Jeff Burch
Lucille Collard
Catherine Fife
Jennifer K. French
Wayne Gates
France Gélinas
Chris Glover
Lisa Gretzky
Joel Harden
Ted Hsu
Mitzie Hunter
Terence Kernaghan
Mary-Margaret McMahon
Chandra Pasma
Tom Rakocevic
Peggy Sattler
Mike Schreiner
Sandy Shaw
Jennifer (Jennie) Stevens
Marit Stiles
Monique Taylor
John Vanthof
Lise Vaugeois
Jamie West
Kristyn Wong-Tam
Vote on second reading - Carried (August 18, 2022)
Ayes
(72) Deepak Anand
Aris Babikian
Robert Bailey
Patrice Barnes
Hon. Peter Bethlenfalvy
Will Bouma
Ric Bresee
Rick Byers
Hon. Paul Calandra
Hon. Raymond Sung Joon Cho
Hon. Stan Cho
Hon. Steve Clark
Lorne Coe
Hon. Stephen Crawford
Rudy Cuzzetto
Jess Dixon
Andrew Dowie
Hon. Doug Downey
Hon. Jill Dunlop
Hon. Victor Fedeli
Hon. Rob Flack
Hon. Doug Ford
Merrilee Fullerton
Dawn Gallagher Murphy
Goldie Ghamari
Hardeep Singh Grewal
Hon. Ernie Hardeman
Hon. Mike Harris
Christine Hogarth
Hon. Sylvia Jones
Hon. Trevor Jones
John Jordan
Logan Kanapathi
Vincent Ke
Hon. Michael S. Kerzner
Hon. Andrea Khanjin
Hon. Natalia Kusendova-Bashta
Anthony Leardi
Hon. Stephen Lecce
Hon. Neil Lumsden
Robin Martin
Hon. Todd J. McCarthy
Hon. Graham McGregor
Hon. Caroline Mulroney
Hon. Sam Oosterhoff
Billy Pang
Hon. Michael Parsa
Hon. David Piccini
Hon. George Pirie
Hon. Nolan Quinn
Matthew Rae
Kaleed Rasheed
Hon. Greg Rickford
Brian Riddell
Ross Romano
Sheref Sabawy
Amarjot Sandhu
Hon. Prabmeet Singh Sarkaria
Brian Saunderson
Hon. Laurie Scott
Hon. Donna Skelly
Dave Smith
David Smith
Laura Smith
Hon. Kinga Surma
Hon. Vijay Thanigasalam
Hon. Lisa M. Thompson
Hon. Michael A. Tibollo
Effie J. Triantafilopoulos
Daisy Wai
Hon. Charmaine A. Williams
John Yakabuski
Nays
(25) Jill Andrew
Teresa J. Armstrong
Doly Begum
Jessica Bell
Stephanie Bowman
Lucille Collard
John Fraser
Jennifer K. French
Wayne Gates
France Gélinas
Ted Hsu
Mitzie Hunter
Terence Kernaghan
Michael Mantha
Chandra Pasma
Tom Rakocevic
Mike Schreiner
Sandy Shaw
Jennifer (Jennie) Stevens
Peter Tabuns
Monique Taylor
John Vanthof
Lise Vaugeois
Jamie West
Kristyn Wong-Tam
Closure on second reading - Carried (August 18, 2022)
Ayes
(72) Deepak Anand
Aris Babikian
Robert Bailey
Patrice Barnes
Hon. Peter Bethlenfalvy
Will Bouma
Ric Bresee
Rick Byers
Hon. Paul Calandra
Hon. Raymond Sung Joon Cho
Hon. Stan Cho
Hon. Steve Clark
Lorne Coe
Hon. Stephen Crawford
Rudy Cuzzetto
Jess Dixon
Andrew Dowie
Hon. Doug Downey
Hon. Jill Dunlop
Hon. Victor Fedeli
Hon. Rob Flack
Hon. Doug Ford
Merrilee Fullerton
Dawn Gallagher Murphy
Goldie Ghamari
Hardeep Singh Grewal
Hon. Ernie Hardeman
Hon. Mike Harris
Christine Hogarth
Hon. Sylvia Jones
Hon. Trevor Jones
John Jordan
Logan Kanapathi
Vincent Ke
Hon. Michael S. Kerzner
Hon. Andrea Khanjin
Hon. Natalia Kusendova-Bashta
Anthony Leardi
Hon. Stephen Lecce
Hon. Neil Lumsden
Robin Martin
Hon. Todd J. McCarthy
Hon. Graham McGregor
Hon. Caroline Mulroney
Hon. Sam Oosterhoff
Billy Pang
Hon. Michael Parsa
Hon. David Piccini
Hon. George Pirie
Hon. Nolan Quinn
Matthew Rae
Kaleed Rasheed
Hon. Greg Rickford
Brian Riddell
Ross Romano
Sheref Sabawy
Amarjot Sandhu
Hon. Prabmeet Singh Sarkaria
Brian Saunderson
Hon. Laurie Scott
Hon. Donna Skelly
Dave Smith
David Smith
Laura Smith
Hon. Kinga Surma
Hon. Vijay Thanigasalam
Hon. Lisa M. Thompson
Hon. Michael A. Tibollo
Effie J. Triantafilopoulos
Daisy Wai
Hon. Charmaine A. Williams
John Yakabuski
Nays
(22) Jill Andrew
Teresa J. Armstrong
Doly Begum
Jessica Bell
Stephanie Bowman
John Fraser
Jennifer K. French
Wayne Gates
France Gélinas
Terence Kernaghan
Michael Mantha
Chandra Pasma
Tom Rakocevic
Mike Schreiner
Sandy Shaw
Jennifer (Jennie) Stevens
Peter Tabuns
Monique Taylor
John Vanthof
Lise Vaugeois
Jamie West
Kristyn Wong-Tam
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