Ontario Bill 5 (42nd Parliament, 1st Session)
Bill 5, 42-1
Ontario — Bills
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Bill 5, Better Local Government Act, 2018
Clark, Hon. Steve Minister of Municipal Affairs and Housing
Royal Assent received. Statutes of Ontario 2018,
chapter 11
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Bill 5 Royal Assent (PDF)
EXPLANATORY
NOTE
This Explanatory Note was written as a
reader’s aid to Bill 5 and does not form part of the law.
Bill 5 has been enacted as
Chapter 11 of the Statutes of Ontario, 2018.
The
Bill amends various Acts. The major elements of the Bill are described below.
SCHEDULE
City of Toronto Act, 2006
Section
127 of the City of Toronto Act, 2006 currently sets
out the division of the City of Toronto into wards. The
section is amended to
provide that the current division of the City into wards no longer applies
after city council is organized following the 2018 regular election.
Currently,
section 128 of the Act sets out rules regarding the City’s authority to divide
or redivide the City into wards or to dissolve existing wards. The
section is
re-enacted to set out rules that provide that the City is divided into wards
whose boundaries are identical to those of the electoral districts for Ontario
that are within the boundaries of the City, commencing on the day city council
is organized following the 2018 regular election.
Section
129 of the Act, which governs petitions asking city council for changes to City
wards, is repealed.
Section
130 of the Act sets out the current composition of city council. The
section
is amended to provide that the current composition no longer applies after city
council is organized following the 2018 regular election.
Section
135 currently sets out rules regarding the City’s authority to change the
composition of city council. The
section is re-enacted to set out rules
regarding the composition of city council commencing on the day city council is
organized following the 2018 regular election.
The
2018 regular election for the City will be conducted as if the division of the City
into wards and the composition of city council, as described above, were
already in effect.
Amendments
are also made to provisions in the Act that refer to the City’s powers with
respect to determining the governance structure of the City (see sections 2 and
8 of the Act). Other amendments are made to remove references to the City’s
power to establish, change or dissolve wards and to change the composition of
city council (see subsections 4 (3) and 151 (2) of the Act).
SCHEDULE
Municipal Act, 2001
Currently,
section 218.1 of the Municipal Act, 2001 provides
that for the 2018 regular election the head of council of certain regional
municipalities shall be elected by general vote. The
section is re-enacted to
provide that for the regular election in 2018, the head of council for certain
regional municipalities shall be elected by a general vote and that the head of
council for certain other regional municipalities shall be selected by
appointment. Related regulation making authority is provided. Paragraph 2.1 of
subsection 218 (1), which provides that the head of council of certain regional
municipalities shall be elected by general vote for a regular election after
2018, is repealed. A new
section 218.2 provides that a regional municipality
referred to in
section 218.1 is not prevented from changing the method for
selecting its head of council for any regular election after 2018.
SCHEDULE
Municipal Elections Act, 1996
The
Municipal Elections Act, 1996 is amended by adding
special rules regarding the 2018 regular election in the City of Toronto. Except
for the head of council, the nomination day for this election is September 14,
2018, and the nomination day as set out in
section 31 of the Act is deemed not
to have occurred. A person who filed a nomination must notify the clerk of the
office on the council or on a school board, as the case may be, for which the
person wishes to be nominated. Regulation making authority with respect to
related and transitional issues is provided.
The
Act is also amended to deem nominations for the office of head of council of a
municipality referred to in subsection 218.1 (1) of the Municipal
Act, 2001 to have been withdrawn. Regulation making authority with
respect to carrying out the 2018 regular election in these municipalities is
provided.
Bill 5 2018
Act to amend the City of Toronto Act, 2006, the Municipal Act, 2001 and the
Municipal Elections Act, 1996
Contents
Contents
of this Act
Commencement
Short
title
Schedule 1
City
of Toronto Act, 2006
Schedule 2
Municipal
Act, 2001
Schedule 3
Municipal
Elections Act, 1996
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
1 This Act consists of this section, sections 2 and 3 and
the Schedules to this Act.
Commencement
(1) Subject to subsection (2), 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.
Short
title
3 The
short title of this Act is the Better Local Government Act, 2018 .
SCHEDULE 1
City of Toronto Act, 2006
Paragraph 3 of
section 2 of the City of Toronto Act, 2006
is repealed and the following substituted:
Determine the appropriate structure for governing the City other than with
respect to the composition of city council and the division of the City into
wards.
Paragraphs 2 and 3 of subsection 4 (3) of the Act are repealed.
Paragraph 1 of subsection 8 (2) of the Act is repealed and the following
substituted:
1. Governance
structure of the City and its local boards (restricted definition) other than
with respect to the composition of city council and the division of the City
into wards.
Section 127 of the Act is amended by adding the following subsection:
Application
(2) This
section does not apply after city council is organized following the 2018
regular election.
Sections 128 and 129 of the Act are repealed and the following substituted:
Division
of wards after 2018 regular election
(1) On
the day city council is organized following the 2018 regular election, the City
is divided into wards whose boundaries are identical to those of the electoral
districts for Ontario that are within the boundaries of the City.
Same
(2) For
the purposes of subsection (1), the electoral districts for Ontario are those
determined under the Representation Act, 2015 as it
read on the day the Better Local Government Act, 2018
received Royal Assent.
Conduct
of 2018 regular election
(3) The
2018 regular election shall be conducted as if the division of the City into
wards, as determined under subsections (1) and (2), was already in effect.
Regulations
(4) The
Minister may make regulations for implementing the purposes, provisions and
intention of this
section and, without restricting the generality of the
foregoing, the Minister may make regulations governing transitional matters
that arise out of the implementation of this section.
Retroactivity
(5) A
regulation made under subsection (4) is, if it so provides, effective with
reference to a period before it was filed.
Conflicts
(6) In
the event of a conflict between a regulation under subsection (4) and a
provision of this Act or any other Act or regulation, the regulation made under
subsection (4) prevails.
Same
(7) In
the event of a conflict between this
section and a provision of any other Act
or a regulation made under any other Act, this
section prevails.
By-law
not passed
by-law passed under
section 128, as that
section read immediately before the Better Local Government Act, 2018 received Royal Assent,
is deemed not to have been passed.
Section 130 of the Act is amended by adding the following subsection:
Application
(2) This
section does not apply after city council is organized following the 2018
regular election.
Section 135 of the Act is repealed and the following substituted:
City
council following 2018 regular election
(1) Commencing
with the city council that is organized following the 2018 regular election,
city council shall be composed of,
(
a) the
head of council; and
(
b) other
members, the number of which equals the number of wards as determined under
section 128.
Rules
re composition of city council
(2) The
following rules apply to the composition of city council:
1. The
members of city council shall be elected in accordance with the Municipal Elections Act, 1996 .
2. The
head of council shall be elected by general vote.
3. One
member of council shall be elected for each of the wards determined under
section 128.
Conduct
of 2018 regular election
(3) The
2018 regular election shall be conducted as if the composition of city council,
as determined under subsections (1) and (2), was already in effect.
Regulations
(4) The
Minister may make regulations for implementing the purposes, provisions and
intention of this
section and, without restricting the generality of the
foregoing, the Minister may make regulations governing transitional matters
that arise out of the implementation of this section.
Retroactivity
(5) A
regulation made under subsection (4) is, if it so provides, effective with
reference to a period before it was filed.
Conflicts
(6) In
the event of a conflict between a regulation under subsection (4) and a
provision of this Act or any other Act or regulation, the regulation made under
subsection (4) prevails.
Same
(7) In
the event of a conflict between this
section and a provision of any other Act
or a regulation made under any other Act, this
section prevails.
Rules
re previously passed by-law changing city council
135.1
(1) A by-law passed under
section
135, as that
section read immediately before the Better
Local Government Act, 2018 received Royal Assent, is deemed not to have
been passed.
Exception
re s. 83 (1) of the Municipal Elections Act, 1996
(2) An
order shall not be made under subsection 83 (1) of the Municipal
Elections Act, 1996 by reason only of the clerk of the City doing
anything, before a by-law passed under
section 135 of this Act, as it read
immediately before the Better Local Government Act, 2018 received
Royal Assent, in relation to the conduct of the 2018 regular election,
(
a) as
if the by-law were not already in effect; or
(
b) as
if the by-law were already in effect.
Paragraphs 3 and 4 of subsection 151 (2) of the Act are repealed.
Commencement
9 This
Schedule comes into force on the day the Better Local Government Act, 2018 receives Royal Assent.
SCHEDULE 2
Municipal Act, 2001
(1) Paragraph 2 of subsection 218 (1) of the Municipal
Act, 2001 is amended by striking out “Subject to paragraph 2.1” at the
beginning.
(2) Paragraph
2.1 of subsection 218 (1) of the Act is repealed.
Section 218.1 of the Act is repealed and the following substituted:
Head
of regional council
Appointment
218.1
(1) On the day the new council is
organized following the regular election in 2018, the head of council of the
following regional municipalities shall be appointed by the members of council:
1. The
District Municipality of Muskoka.
2. The
Regional Municipality of Niagara.
3. The
Regional Municipality of Peel.
4. The
Regional Municipality of York.
General
vote
(2) On
the day the new council is organized following the regular election in 2018,
the head of council of the following regional municipalities shall be elected
by general vote in accordance with the Municipal Elections
Act, 1996 :
1. The
Regional Municipality of Durham.
2. The
Regional Municipality of Halton.
3. The
Regional Municipality of Waterloo.
Conduct
of 2018 regular election
(3) The
regular election in 2018 shall be conducted as if the method of selecting the
head of council described in subsection (1) or (2), as applicable, was already
in effect.
Regulations
(4) The
Minister may make regulations that, in the opinion of the Minister, are
advisable or necessary for implementing the purposes of this
section and,
without restricting the generality of the foregoing, the Minister may make
regulations,
(
a) varying
the operation of any provision of this Act for those purposes;
(
b) governing
transitional matters that arise out of the implementation of this section.
Retroactivity
(5) A
regulation made under subsection (4) is, if it so provides, effective with
reference to a period before it was filed.
Conflict
(6) In
the event of a conflict between a regulation made under subsection (4) and a
provision of this Act or of any other Act or regulation, the regulation made
under subsection (4) prevails.
Power
to change method for selecting head of council
218.2 Nothing in
section
218.1 limits the power of a municipality referred to in subsection 218.1 (1) or
(2) to change the method of selecting its head of council under
section 218 for
any regular election after 2018.
Commencement
3 This
Schedule comes into force on the day the Better Local Government Act, 2018 receives Royal Assent.
SCHEDULE 3
Municipal Elections Act, 1996
The Municipal Elections Act, 1996 is amended by
adding the following sections before the heading “Election Officials”:
regular election, City of Toronto
10.1
(1) Except
as otherwise provided, this
section applies with respect to the 2018 regular
election within the City of Toronto.
Exception,
head of council
(2) Subsections
(3) to (9) do not apply to a nomination for the office of head of council.
New
nomination day
(3) Despite
section 31, nomination day is September 14, 2018 and the following rules apply:
1. Nomination
day as set out in
section 31 is deemed not to have occurred.
2. The
period for filing a nomination is deemed to have run continuously from May 1,
2018 until September 14, 2018.
Notifying
the clerk re office on the council
(4) If
a person has filed a nomination under
section 33 for an office on the council
and wishes to continue to be a candidate in the election, the person shall notify
the clerk in writing before 2 p.m. on September 14, 2018 of the office on the
council, other than the office of head of council, for which the person wishes
to be nominated.
Notifying
clerk re office on a school board
(5) If
a person has filed a nomination under
section 33 for an office on a school
board and wishes to continue to be a candidate in the 2018 regular election,
the person shall notify the clerk in writing before 2 p.m. on September 14,
2018 of the office on the same school board for which the person wishes to be
nominated.
Same,
not a new nomination
(6) The
giving of notice to the clerk under subsection (4) or (5) does not constitute a
new nomination.
Same,
not multiple campaigns
(7) For
the purposes of subsection 88.24 (3), a person who has notified the clerk under
subsection (4) or (5) shall not be considered to be a candidate for more than
one office on the same council or school board, as the case may be.
Deemed
withdrawal of nomination
(8) A
person who has filed a nomination is deemed to have withdrawn his or her
nomination if he or she has not notified the clerk under subsection (4) or (5).
Notice
by clerk
(9) As
soon as possible after the day the Better Local Government
Act, 2018 receives Royal Assent, the clerk shall notify in writing each
person who filed a nomination under
section 33 for an office on the council, other
than the office of head of council, or for an office on a school board and the
notice shall include the following:
1. A
statement that if the person wishes to continue to be a candidate in the 2018
regular election, the person must notify the clerk under subsection (4) or (5),
as applicable.
2. A
statement that if the person does not notify the clerk under subsection (4) or
(5), the person will be deemed to have withdrawn his or her nomination.
3. Any
other information as may be prescribed.
Regulations
(10) The
Minister may make regulations for implementing the purposes, provisions and
intention of this
section and, without restricting the generality of the
foregoing, the Minister may make regulations,
(
a) prescribing
anything that is referred to, in this section, as prescribed;
(
b) varying
the operation of any of the provisions of this Act for the purposes of the 2018
regular election; and
(
c) with
respect to this Act, governing transitional matters that arise out of the implementation
of this section, including any such transitional matters that may arise for the
2022 regular election or any by-election that takes place before the 2022
regular election.
Same
(11) A
regulation made under subsection (10) may limit the circumstances in which an
order under subsection 83 (1) may be made in relation to the conduct of the
2018 regular election.
Retroactivity
(12) A
regulation made under subsection (10) is, if it so provides, effective with
reference to a period before it was filed.
Conflict
(13) In
the event of a conflict between a regulation made under subsection (10) and a
provision of this Act or of any other Act or regulation, the regulation made
under subsection (10) prevails.
regular election, certain regional municipalities
Deemed
withdrawal of nominations
10.2
(1) A person who has filed a
nomination for the office of head of council of a municipality referred to in
subsection 218.1 (1) of the Municipal Act, 2001 in
the 2018 regular election is deemed to have withdrawn his or her nomination
under
section 36 of this Act immediately before the applicable deadline set out
in that section.
Regulations
(2) The
Minister may make regulations that, in the opinion of the Minister, are
advisable or necessary for the purposes of carrying out the 2018 regular
election for the municipalities referred to in subsection 218.1 (1) of the Municipal Act, 2001 and, without restricting the
generality of the foregoing, the Minister may make regulations,
(
a) varying
the operation of any of the provisions of this Act for those purposes;
(
b) governing
transitional matters that arise out of the implementation of
section 218.1 of
the Municipal Act, 2001 .
Same
(3) A
regulation made under subsection (2) may limit the circumstances in which an
order under subsection 83 (1) may be made in relation to the conduct of the
2018 regular election for the municipalities referred to in subsection 218.1
(1) of the Municipal Act, 2001 .
Retroactivity
(4) A
regulation made under subsection (2) is, if it so provides, effective with
reference to a period before it was filed.
Conflict
(5) In
the event of a conflict between a regulation made under subsection (2) and a
provision of this Act or of any other Act or regulation, the regulation made
under subsection (2) prevails.
Commencement
2 This
Schedule comes into force on the day the Better Local Government Act, 2018 receives Royal Assent.
Bill 5 Original (PDF)
EXPLANATORY NOTE
The Bill amends various Acts. The major elements of the Bill are described below.
SCHEDULE 1
City of Toronto Act, 2006
Section 127 of the City of Toronto Act, 2006 currently sets out the division of the City of Toronto into wards. The
section is amended to provide that the current division of the City into wards no longer applies after city council is organized following the 2018 regular election.
Currently,
section 128 of the Act sets out rules regarding the City’s authority to divide or redivide the City into wards or to dissolve existing wards. The
section is re-enacted to set out rules that provide that the City is divided into wards whose boundaries are identical to those of the electoral districts for Ontario that are within the boundaries of the City, commencing on the day city council is organized following the 2018 regular election.
Section 129 of the Act, which governs petitions asking city council for changes to City wards, is repealed.
Section 130 of the Act sets out the current composition of city council. The
section is amended to provide that the current composition no longer applies after city council is organized following the 2018 regular election.
Section 135 currently sets out rules regarding the City’s authority to change the composition of city council. The
section is re-enacted to set out rules regarding the composition of city council commencing on the day city council is organized following the 2018 regular election.
The 2018 regular election for the City will be conducted as if the division of the City into wards and the composition of city council, as described above, were already in effect.
Amendments are also made to provisions in the Act that refer to the City’s powers with respect to determining the governance structure of the City (see sections 2 and 8 of the Act). Other amendments are made to remove references to the City’s power to establish, change or dissolve wards and to change the composition of city council (see subsections 4 (3) and 151 (2) of the Act).
SCHEDULE 2
Municipal Act, 2001
Currently,
section 218.1 of the Municipal Act, 2001 provides that for the 2018 regular election the head of council of certain regional municipalities shall be elected by general vote. The
section is re-enacted to provide that for the regular election in 2018, the head of council for certain regional municipalities shall be elected by a general vote and that the head of council for certain other regional municipalities shall be selected by appointment. Related regulation making authority is provided. Paragraph 2.1 of subsection 218 (1), which provides that the head of council of certain regional municipalities shall be elected by general vote for a regular election after 2018, is repealed. A new
section 218.2 provides that a regional municipality referred to in
section 218.1 is not prevented from changing the method for selecting its head of council for any regular election after 2018.
SCHEDULE 3
Municipal Elections Act, 1996
The Municipal Elections Act, 1996 is amended by adding special rules regarding the 2018 regular election in the City of Toronto. Except for the head of council, the nomination day for this election is September 14, 2018, and the nomination day as set out in
section 31 of the Act is deemed not to have occurred. A person who filed a nomination must notify the clerk of the office on the council or on a school board, as the case may be, for which the person wishes to be nominated. Regulation making authority with respect to related and transitional issues is provided.
The Act is also amended to deem nominations for the office of head of council of a municipality referred to in subsection 218.1 (1) of the Municipal Act, 2001 to have been withdrawn. Regulation making authority with respect to carrying out the 2018 regular election in these municipalities is provided.
Bill 5 2018
An Act to amend the City of Toronto Act, 2006, the Municipal Act, 2001
and the Municipal Elections Act, 1996
Contents
Contents of this Act
Commencement
Short title
Schedule 1
City of Toronto Act, 2006
Schedule 2
Municipal Act, 2001
Schedule 3
Municipal Elections Act, 1996
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
1 This Act consists of this section, sections 2 and 3 and the Schedules to this Act.
Commencement
(1) Subject to subsection (2), 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.
Short title
3 The
short title of this Act is the Better Local Government Act, 2018 .
SCHEDULE 1
City of Toronto Act, 2006
1 Paragraph 3 of
section 2 of the City of Toronto Act, 2006 is repealed and the following substituted:
3. Determine the appropriate structure for governing the City other than with respect to the composition of city council and the division of the City into wards.
2 Paragraphs 2 and 3 of subsection 4 (3) of the Act are repealed.
3 Paragraph 1 of subsection 8 (2) of the Act is repealed and the following substituted:
1. Governance structure of the City and its local boards (restricted definition) other than with respect to the composition of city council and the division of the City into wards.
Section 127 of the Act is amended by adding the following subsection:
Application
(2) This
section does not apply after city council is organized following the 2018 regular election.
5 Sections 128 and 129 of the Act are repealed and the following substituted:
Division of wards after 2018 regular election
(1) On the day city council is organized following the 2018 regular election, the City is divided into wards whose boundaries are identical to those of the electoral districts for Ontario that are within the boundaries of the City.
Same
(2) For the purposes of subsection (1), the electoral districts for Ontario are those determined under the Representation Act, 2015 as it read on the day the Better Local Government Act, 2018 received Royal Assent.
Conduct of 2018 regular election
(3) The 2018 regular election shall be conducted as if the division of the City into wards, as determined under subsections (1) and (2), was already in effect.
Regulations
(4) The Minister may make regulations for implementing the purposes, provisions and intention of this
section and, without restricting the generality of the foregoing, the Minister may make regulations governing transitional matters that arise out of the implementation of this section.
Retroactivity
(5) A regulation made under subsection (4) is, if it so provides, effective with reference to a period before it was filed.
Conflicts
(6) In the event of a conflict between a regulation under subsection (4) and a provision of this Act or any other Act or regulation, the regulation made under subsection (4) prevails.
Same
(7) In the event of a conflict between this
section and a provision of any other Act or a regulation made under any other Act, this
section prevails.
By-law not passed
129 A by-law passed under
section 128, as that
section read immediately before the Better Local Government Act, 2018 received Royal Assent, is deemed not to have been passed.
Section 130 of the Act is amended by adding the following subsection:
Application
(2) This
section does not apply after city council is organized following the 2018 regular election.
Section 135 of the Act is repealed and the following substituted:
City council following 2018 regular election
(1) Commencing with the city council that is organized following the 2018 regular election, city council shall be composed of,
(
a) the head of council; and
(
b) other members, the number of which equals the number of wards as determined under
section 128.
Rules re composition of city council
(2) The following rules apply to the composition of city council:
1. The members of city council shall be elected in accordance with the Municipal Elections Act, 1996 .
2. The head of council shall be elected by general vote.
3. One member of council shall be elected for each of the wards determined under
section 128.
Conduct of 2018 regular election
(3) The 2018 regular election shall be conducted as if the composition of city council, as determined under subsections (1) and (2), was already in effect.
Regulations
(4) The Minister may make regulations for implementing the purposes, provisions and intention of this
section and, without restricting the generality of the foregoing, the Minister may make regulations governing transitional matters that arise out of the implementation of this section.
Retroactivity
(5) A regulation made under subsection (4) is, if it so provides, effective with reference to a period before it was filed.
Conflicts
(6) In the event of a conflict between a regulation under subsection (4) and a provision of this Act or any other Act or regulation, the regulation made under subsection (4) prevails.
Same
(7) In the event of a conflict between this
section and a provision of any other Act or a regulation made under any other Act, this
section prevails.
Rules re previously passed by-law changing city council
135.1
(1) A by-law passed under
section 135, as that
section read immediately before the Better Local Government Act, 2018 received Royal Assent, is deemed not to have been passed.
Exception re s. 83 (1) of the Municipal Elections Act, 1996
(2) An order shall not be made under subsection 83 (1) of the Municipal Elections Act, 1996 by reason only of the clerk of the City doing anything, before a by-law passed under
section 135 of this Act, as it read immediately before the Better Local Government Act, 2018 received Royal Assent, in relation to the conduct of the 2018 regular election,
(
a) as if the by-law were not already in effect; or
(
b) as if the by-law were already in effect.
8 Paragraphs 3 and 4 of subsection 151 (2) of the Act are repealed.
Commencement
9 This
Schedule comes into force on the day the Better Local Government Act, 2018 receives Royal Assent.
SCHEDULE 2
Municipal Act, 2001
(1) Paragraph 2 of subsection 218 (1) of the Municipal Act, 2001 is amended by striking out “Subject to paragraph 2.1” at the beginning.
(2) Paragraph 2.1 of subsection 218 (1) of the Act is repealed.
Section 218.1 of the Act is repealed and the following substituted:
Head of regional council
Appointment
218.1
(1) On the day the new council is organized following the regular election in 2018, the head of council of the following regional municipalities shall be appointed by the members of council:
1. The District Municipality of Muskoka.
2. The Regional Municipality of Niagara.
3. The Regional Municipality of Peel.
4. The Regional Municipality of York.
General vote
(2) On the day the new council is organized following the regular election in 2018, the head of council of the following regional municipalities shall be elected by general vote in accordance with the Municipal Elections Act, 1996 :
1. The Regional Municipality of Durham.
2. The Regional Municipality of Halton.
3. The Regional Municipality of Waterloo.
Conduct of 2018 regular election
(3) The regular election in 2018 shall be conducted as if the method of selecting the head of council described in subsection (1) or (2), as applicable, was already in effect.
Regulations
(4) The Minister may make regulations that, in the opinion of the Minister, are advisable or necessary for implementing the purposes of this
section and, without restricting the generality of the foregoing, the Minister may make regulations,
(
a) varying the operation of any provision of this Act for those purposes;
(
b) governing transitional matters that arise out of the implementation of this section.
Retroactivity
(5) A regulation made under subsection (4) is, if it so provides, effective with reference to a period before it was filed.
Conflict
(6) In the event of a conflict between a regulation made under subsection (4) and a provision of this Act or of any other Act or regulation, the regulation made under subsection (4) prevails.
Power to change method for selecting head of council
218.2 Nothing in
section 218.1 limits the power of a municipality referred to in subsection 218.1 (1) or (2) to change the method of selecting its head of council under
section 218 for any regular election after 2018.
Commencement
3 This
Schedule comes into force on the day the Better Local Government Act, 2018 receives Royal Assent.
SCHEDULE 3
Municipal Elections Act, 1996
1 The Municipal Elections Act, 1996 is amended by adding the following sections before the heading “Election Officials”:
2018 regular election, City of Toronto
10.1
(1) Except as otherwise provided, this
section applies with respect to the 2018 regular election within the City of Toronto.
Exception, head of council
(2) Subsections (3) to (9) do not apply to a nomination for the office of head of council.
New nomination day
(3) Despite
section 31, nomination day is September 14, 2018 and the following rules apply:
1. Nomination day as set out in
section 31 is deemed not to have occurred.
2. The period for filing a nomination is deemed to have run continuously from May 1, 2018 until September 14, 2018.
Notifying the clerk re office on the council
(4) If a person has filed a nomination under
section 33 for an office on the council and wishes to continue to be a candidate in the election, the person shall notify the clerk in writing before 2 p.m. on September 14, 2018 of the office on the council, other than the office of head of council, for which the person wishes to be nominated.
Notifying clerk re office on a school board
(5) If a person has filed a nomination under
section 33 for an office on a school board and wishes to continue to be a candidate in the 2018 regular election, the person shall notify the clerk in writing before 2 p.m. on September 14, 2018 of the office on the same school board for which the person wishes to be nominated.
Same, not a new nomination
(6) The giving of notice to the clerk under subsection (4) or (5) does not constitute a new nomination.
Same, not multiple campaigns
(7) For the purposes of subsection 88.24 (3), a person who has notified the clerk under subsection (4) or (5) shall not be considered to be a candidate for more than one office on the same council or school board, as the case may be.
Deemed withdrawal of nomination
(8) A person who has filed a nomination is deemed to have withdrawn his or her nomination if he or she has not notified the clerk under subsection (4) or (5).
Notice by clerk
(9) As soon as possible after the day the Better Local Government Act, 2018 receives Royal Assent, the clerk shall notify in writing each person who filed a nomination under
section 33 for an office on the council, other than the office of head of council, or for an office on a school board and the notice shall include the following:
1. A statement that if the person wishes to continue to be a candidate in the 2018 regular election, the person must notify the clerk under subsection (4) or (5), as applicable.
2. A statement that if the person does not notify the clerk under subsection (4) or (5), the person will be deemed to have withdrawn his or her nomination.
3. Any other information as may be prescribed.
Regulations
(10) The Minister may make regulations for implementing the purposes, provisions and intention of this
section and, without restricting the generality of the foregoing, the Minister may make regulations,
(
a) prescribing anything that is referred to, in this section, as prescribed;
(
b) varying the operation of any of the provisions of this Act for the purposes of the 2018 regular election; and
(
c) with respect to this Act, governing transitional matters that arise out of the implementation of this section, including any such transitional matters that may arise for the 2022 regular election or any by-election that takes place before the 2022 regular election.
Same
(11) A regulation made under subsection (10) may limit the circumstances in which an order under subsection 83 (1) may be made in relation to the conduct of the 2018 regular election.
Retroactivity
(12) A regulation made under subsection (10) is, if it so provides, effective with reference to a period before it was filed.
Conflict
(13) In the event of a conflict between a regulation made under subsection (10) and a provision of this Act or of any other Act or regulation, the regulation made under subsection (10) prevails.
2018 regular election, certain regional municipalities
Deemed withdrawal of nominations
10.2
(1) A person who has filed a nomination for the office of head of council of a municipality referred to in subsection 218.1 (1) of the Municipal Act, 2001 in the 2018 regular election is deemed to have withdrawn his or her nomination under
section 36 of this Act immediately before the applicable deadline set out in that section.
Regulations
(2) The Minister may make regulations that, in the opinion of the Minister, are advisable or necessary for the purposes of carrying out the 2018 regular election for the municipalities referred to in subsection 218.1 (1) of the Municipal Act, 2001 and, without restricting the generality of the foregoing, the Minister may make regulations,
(
a) varying the operation of any of the provisions of this Act for those purposes;
(
b) governing transitional matters that arise out of the implementation of
section 218.1 of the Municipal Act, 2001 .
Same
(3) A regulation made under subsection (2) may limit the circumstances in which an order under subsection 83 (1) may be made in relation to the conduct of the 2018 regular election for the municipalities referred to in subsection 218.1 (1) of the Municipal Act, 2001 .
Retroactivity
(4) A regulation made under subsection (2) is, if it so provides, effective with reference to a period before it was filed.
Conflict
(5) In the event of a conflict between a regulation made under subsection (2) and a provision of this Act or of any other Act or regulation, the regulation made under subsection (2) prevails.
Commencement
2 This
Schedule comes into force on the day the Better Local Government Act, 2018 receives Royal Assent.
Date Bill stage Event Outcome Committee
August 14, 2018
Royal Assent
Royal Assent received
August 14, 2018
Third Reading
Vote
Carried on division
August 14, 2018
Third Reading
Debated
August 14, 2018
Second Reading
Vote
Carried on division
August 14, 2018
Second Reading
Question put
August 14, 2018
Second Reading
Time allocated
August 8, 2018
Second Reading
Debated
August 7, 2018
Second Reading
Debated
August 2, 2018
Second Reading
Debated
July 30, 2018
First Reading
Vote
Carried on division
Debates and Progress
First Reading
July 30, 2018
Carried on division.
Committee
Second Reading
August 2, 2018
Principal Debaters :
Hon. Steve Clark, Mr. Jim McDonell, Ms. Christine Hogarth, Ms. Andrea Horwath, Mr. Peter Tabuns
Questions and Comments :
Ms. Jessica Bell, Mr. Dave Smith, Ms. Jill Andrew, Mr. Vijay Thanigasalam
August 7, 2018
Principal Debaters :
Mr. Paul Calandra, Ms. Marit Stiles, Mr. Kaleed Rasheed
Questions and Comments :
Mr. Tom Rakocevic, Mrs. Daisy Wai, Ms. Peggy Sattler, Mr. Vijay Thanigasalam, Ms. Goldie Ghamari
August 8, 2018
Principal Debaters :
Mr. David Piccini, Mr. Jeff Burch, Mr. Roman Baber, Mr. Joel Harden, Ms. Catherine Fife, Mr. Aris Babikian, Ms. Laura Mae Lindo, Hon Raymond Sung Joon Cho
Questions and Comments :
Mr. Will Bouma, Ms. Teresa J. Armstrong, Mr. Kaleed Rasheed, Mr. Sam Oosterhoff, Mrs. Jennifer(Jennie) Stevens, Mr. Logan Kanapathi, Mr. Sharef Sabawy, Ms. Doly Begum, Mrs. Robin Martin, Mr. Gurratan Singh, Mr. Michael Coteau, Mr. John Yakabuski, Ms. Lindsey Park, Mr. Faisal Hassan, Mr. John Fraser, Mrs. Belinda Karaholios, Ms. Andrea Khanjin, Mr. Kevin Yarde, Mrs. Robin Martin, Mr. Doug Downey, Mr. Deepak Anand, Mr. Gilles Bisson, Hon. Lisa MacLeod
Time Allocation
August 9, 2018
Hon. Todd Smith, Mr. Peter Tabuns, Mr. Gilles Bisson, Mr. John Vanthof
Vote deferred.
August 9, 2018
Lost on recorded division (Amendment Motion).
August 9, 2018 (Continued)
August 13, 2018
Mr. John Vanthof
Vote deferred.
August 14, 2018
Lost on recorded division (Amendment Motion).
August 14, 2018
Carried on recorded division (Time Allocation).
August 14, 2018
Carried or recorded division (Second Reading).
Committee
Third Reading
August 14, 2018
Principal Debaters :
Hon. Steve Clark, Ms. Andrea Horwath, Ms. Mitzie Hunter, Ms. Kathleen O. Wynne, M me Natalie Des Rosiers, Mr. Mike Schreiner
Carried on recorded division.
Royal Assent
Tuesday, August 14, 2018
Acts affected - Bill 5
Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws
City of Toronto Act, 2006
Municipal Act, 2001
Municipal Elections Act, 1996
Legislative Assembly of Ontario
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