City of Toronto Act, 2006 SO 2006, c 11, Sch A

124 In this Part,

“proposal for minor restructuring” means a proposal that provides for one or more restructurings which the Minister of Municipal Affairs and Housing, after reviewing the proposal, is of the opinion is of a minor nature; (“proposition de restructuration mineure”)

“restructuring” means annexing part of the City to another local municipality or annexing part of another local municipality to the City and making any changes to the boundaries of upper-tier municipalities necessary to reflect the annexation. (“restructuration”) 2006, c. 11, Sched. A, s. 124.

125 (1)  The City of Toronto is hereby continued as a body corporate that is composed of the inhabitants of its geographic area. 2006, c. 11, Sched. A, s. 125 (1).

Transition

(2)  Without limiting subsection (1), the name and boundaries of the City on the day on which the City is continued are the same as they were immediately before the City was continued. 2006, c. 11, Sched. A, s. 125 (2).

Status

(3)  The City is a municipality and has the status of a single-tier municipality for all purposes. 2006, c. 11, Sched. A, s. 125 (3).

Non-application of Acts

(4)  The Not-for-Profit Corporations Act, 2010 and the Corporations Information Act do not apply to the City. 2017, c. 20, Sched. 8, s. 73 (1).

Local boards and Not-for-Profit Corporations Act, 2010

(5)  Except as prescribed, the Not-for-Profit Corporations Act, 2010 does not apply to a local board that is a body corporate. 2017, c. 20, Sched. 8, s. 73 (1).

Regulations

(6)  The Lieutenant Governor in Council may, by regulation, prescribe for the purposes of subsection (5),

(a) a local board;

(b) the provisions of the Not-for-Profit Corporations Act, 2010 that are to apply to the local board; and

(c) any modifications subject to which those provisions are to apply to the local board. 2017, c. 20, Sched. 8, s. 73 (1).

Definition

(7)  In this section,

“local board” means a local board other than,

(a) a board of health as defined in subsection 1 (1) of the Health Protection and Promotion Act,

(b) a board of management under the Fixing Long-Term Care Act, 2021,

(c) a body corporate established under the Planning Act, or

(d) a city board established under this Act. 2017, c. 20, Sched. 8, s. 73 (1); 2021, c. 39, Sched. 2, s. 3 (2).

126 (1)  Without limiting sections 7 and 8, those sections authorize the City to change its name. 2006, c. 11, Sched. A, s. 126 (1).

Conflict

(2)  In the event of a conflict between a by-law described in subsection (1) and any other provision of this or any other Act or a conflict with a regulation made under any other Act, the by-law prevails. 2006, c. 11, Sched. A, s. 126 (2).

Restriction

(3)  The new name cannot be the same as the name of another municipality. 2006, c. 11, Sched. A, s. 126 (3).

Notification

(4)  The City shall send a copy of the by-law to the Director of Titles appointed under the Land Titles Act and to the Minister of Municipal Affairs and Housing promptly after its passage. 2006, c. 11, Sched. A, s. 126 (4).

Status unchanged

(5)  A change of name does not affect the status of the City as a single-tier municipality or the rights or obligations of the City. 2006, c. 11, Sched. A, s. 126 (5).

127 (1)  Without limiting subsection 125 (1), the wards of the City on the day on which the City is continued by that subsection are the same as they were immediately before the City was continued. 2006, c. 11, Sched. A, s. 127.

Application

(2)  This section does not apply after city council is organized following the 2018 regular election. 2018, c. 11, Sched. 1, s. 4.

128 (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. 2018, c. 11, Sched. 1, s. 5.

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. 2018, c. 11, Sched. 1, s. 5.

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. 2018, c. 11, Sched. 1, s. 5.

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. 2018, c. 11, Sched. 1, s. 5.

Retroactivity

(5)  A regulation made under subsection (4) is, if it so provides, effective with reference to a period before it was filed. 2018, c. 11, Sched. 1, s. 5.

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. 2018, c. 11, Sched. 1, s. 5.

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. 2018, c. 11, Sched. 1, s. 5.

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. 2018, c. 11, Sched. 1, s. 5.

130 (1)  Without limiting subsection 125 (1), the composition of city council on the day on which the City is continued by that subsection is the same as it was immediately before the City was continued. 2006, c. 11, Sched. A, s. 130.

Application

(2)  This section does not apply after city council is organized following the 2018 regular election. 2018, c. 11, Sched. 1, s. 6.

131 It is the role of city council,

(a) to represent the public and to consider the well-being and interests of the City;

(b) to develop and evaluate the policies and programs of the City;

(c) to determine which services the City provides;

(d) to ensure that administrative policies, practices and procedures and controllership policies, practices and procedures are in place to implement the decisions of council;

(e) to ensure the accountability and transparency of the operations of the City, including the activities of the senior management of the City;

(f) to maintain the financial integrity of the City; and

(g) to carry out the duties of council under this or any other Act. 2006, c. 11, Sched. A, s. 131.

132 (1)  The powers of the City shall be exercised by city council. 2006, c. 11, Sched. A, s. 132 (1).

Same

(2)  Anything begun by one council may be continued and completed by a succeeding council. 2006, c. 11, Sched. A, s. 132 (2).

By-law

(3)  A power of the City, including the City’s capacity, rights, powers and privileges under section 7, shall be exercised by by-law unless the City is specifically authorized to do otherwise. 2006, c. 11, Sched. A, s. 132 (3).

Scope

(4)  Subsections (1) to (3) apply to all of the City’s powers, whether conferred by this Act or otherwise. 2006, c. 11, Sched. A, s. 132 (4).

133 (1)  It is the role of the mayor of the City, as the head of council,

(a) to act as chief executive officer of the City;

(b) to preside over meetings of council so that its business can be carried out efficiently and effectively;

(c) to provide leadership to council;

(d) to represent the City at official functions; and

(e) to carry out the duties of the head of council under this or any other Act. 2006, c. 11, Sched. A, s. 133 (1).

Same

(2)  Without limiting clause (1) (c), the mayor’s role includes providing information and making recommendations to council with respect to council’s role under clauses 131 (d) and (e). 2006, c. 11, Sched. A, s. 133 (2).

Substitution

(3)  The City may, with the consent of the head of council, appoint a member of council to act in the place of the head of council on any body, of which the head of council is a member by virtue of being head of council. 2006, c. 11, Sched. A, s. 133 (3).

134 As chief executive officer of the City, the mayor shall,

(a) uphold and promote the purposes of the City;

(b) promote public involvement in the City’s activities;

(c) act as the representative of the City both within and outside the City, and promote the City locally, nationally and internationally; and

(d) participate in and foster activities that enhance the economic, social and environmental well-being of the City and its residents. 2006, c. 11, Sched. A, s. 134.

135 (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. 2018, c. 11, Sched. 1, s. 7.

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. 2018, c. 11, Sched. 1, s. 7.

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. 2018, c. 11, Sched. 1, s. 7.

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. 2018, c. 11, Sched. 1, s. 7.

Retroactivity

(5)  A regulation made under subsection (4) is, if it so provides, effective with reference to a period before it was filed. 2018, c. 11, Sched. 1, s. 7.

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. 2018, c. 11, Sched. 1, s. 7.

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. 2018, c. 11, Sched. 1, s. 7.

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. 2018, c. 11, Sched. 1, s. 7.

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. 2018, c. 11, Sched. 1, s. 7.

136 It is the role of the officers and employees of the City,

(a) to implement the decisions of city council and to establish administrative practices and procedures to carry out those decisions;

(b) to undertake research and provide advice to city council on the policies and programs of the City; and

(c) to carry out other duties required under this or any Act and other duties assigned by the City. 2006, c. 11, Sched. A, s. 136.

137 (1)  The City shall appoint a clerk whose duty it is,

(a) to record, without note or comment, all resolutions, decisions and other proceedings of city council;

(b) if required by any member present at a vote, to record the name and vote of every member voting on any matter or question;

(c) to keep the originals or copies of all by-laws and of all minutes of the proceedings of city council;

(d) to perform the other duties required under this Act or under any other Act; and

(e) to perform such other duties as are assigned by the City. 2006, c. 11, Sched. A, s. 137 (1).

Deputy clerks

(2)  The City may appoint deputy clerks who have all the powers and duties of the clerk under this and any other Act. 2006, c. 11, Sched. A, s. 137 (2).

Status

(3)  A clerk or deputy clerk is not required to be a city employee. 2006, c. 11, Sched. A, s. 137 (3).

Delegation

(4)  The clerk may delegate in writing to any person, other than a member of council, any of the clerk’s powers and duties under this and any other Act. 2006, c. 11, Sched. A, s. 137 (4).

Same

(5)  The clerk may continue to exercise the delegated powers and duties, despite the delegation. 2006, c. 11, Sched. A, s. 137 (5).

138 (1)  The City shall appoint a treasurer who is responsible for handling all of the financial affairs of the City on behalf of the City and in the manner directed by city council, including,

(a) collecting money payable to the City and issuing receipts for those payments;

(b) depositing all money received on behalf of the City in a financial institution designated by the City;

(c) paying all debts of the City and other expenditures authorized by the City;

(d) maintaining accurate records and accounts of the financial affairs of the City;

(e) providing the council with such information with respect to the financial affairs of the City as it requires or requests;

(f) ensuring investments of the City are made in compliance with the regulations made under Part VIII (Finances). 2006, c. 11, Sched. A, s. 138 (1).

Deputy treasurers

(2)  The City may appoint deputy treasurers who shall have all the powers and duties of the treasurer under this or any other Act. 2006, c. 11, Sched. A, s. 138 (2).

Not required to be an employee

(3)  A treasurer or deputy treasurer is not required to be a city employee. 2006, c. 11, Sched. A, s. 138 (3).

Liability limited

(4)  The treasurer or deputy treasurer is not liable for money paid in accordance with the directions of the council of the City unless the disposition of the money is expressly provided for under any Act. 2006, c. 11, Sched. A, s. 138 (4).

Delegation

(5)  The City may delegate to any person all or any of the powers and duties of the treasurer under this or any other Act with respect to the collection of taxes imposed under any Part of this Act. 2006, c. 11, Sched. A, s. 138 (5).

Continuation despite delegation

(6)  The treasurer may continue to exercise the delegated powers and duties, despite the delegation. 2006, c. 11, Sched. A, s. 138 (6).

139 (1)  The City shall appoint an auditor licensed under the Public Accounting Act, 2004 who is responsible for,

(a) annually auditing the accounts and transactions of the City and its local boards and expressing an opinion on the financial statements of these bodies based on the audit; and

(b) performing duties required by the City or local board. 2006, c. 11, Sched. A, s. 139 (1).

Term

(2)  A city auditor shall not be appointed for a term exceeding five years. 2006, c. 11, Sched. A, s. 139 (2).

Non-employee

(3)  Despite any Act, the city auditor shall not be a city employee or an employee of a local board of the City. 2006, c. 11, Sched. A, s. 139 (3).

Reporting relationship

(4)  The auditor reports to city council. 2006, c. 11, Sched. A, s. 139 (4).

140 REPEALED: 2022, c. 18, Sched. 1, s. 1.

141 (1)  Without limiting sections 7 and 8, those sections authorize the City to establish a city board and to provide for the following matters:

1. The name, composition, quorum and budgetary process of the board.

2. The eligibility of persons to hold office as board members.

3. The manner of selecting board members, the resignation of members, the determination of when a member’s seat becomes vacant and the filling of vacancies.

4. The term of office and remuneration of board members.

5. The number of votes of the board members.

6. The requirement that the board follow rules, procedures and policies established by the City.

7. The relationship between the City and the board, including their financial and reporting relationship. 2006, c. 11, Sched. A, s. 141 (1).

Restriction

(2)  A city board must be composed of at least two members. 2006, c. 11, Sched. A, s. 141 (2).

Same, election of members

(3)  The City cannot require any member of a city board to be elected to that office under the Municipal Elections Act, 1996. 2006, c. 11, Sched. A, s. 141 (3).

Same, term of office

(4)  The term of office of a member of a city board cannot exceed four years but members may be eligible for appointment for more than one term. 2006, c. 11, Sched. A, s. 141 (4); 2006, c. 32, Sched. B, s. 33.

Same

(5)  Despite subsection (4), the term of office of a member continues until his or her successor becomes a member of the board. 2006, c. 11, Sched. A, s. 141 (5).

Same

(6)  Except as otherwise provided by subsections (2) to (4), the following provisions apply with necessary modifications to a city board and its members as if they were city council and members of city council:

1. Section 193 (Absence of head).

2. Clauses 204 (c) to (h) (Vacant seat).

3. Sections 205 (Resignation as member), 209 (Term of office, vacancy) and 210 (Application to court). 2006, c. 11, Sched. A, s. 141 (6).

142 (1)  A city board is a body corporate unless the City provides otherwise when establishing the board. 2006, c. 11, Sched. A, s. 142 (1).

Agency

(2)  A city board is an agent of the City. 2006, c. 11, Sched. A, s. 142 (2).

Local board

(3)  A city board is a local board of the City for all purposes. 2006, c. 11, Sched. A, s. 142 (3).

Non-application of Acts

(4)  The Not-for-Profit Corporations Act, 2010 and the Corporations Information Act do not apply to a city board that is a body corporate. 2017, c. 20, Sched. 8, s. 73 (2).

143 (1)  The City may give a city board the control and management of such municipal services and activities as the City considers appropriate and shall do so by delegating the powers and duties of the City to the board in accordance with this Act. 2006, c. 11, Sched. A, s. 143 (1).

Powers and duties

(2)  The following provisions apply with necessary modifications to a city board, except as otherwise provided by a city by-law:

1. Section 7 (Powers of a natural person).

2. Part XV (Enforcement), except sections 374 (City entitlement to fines), 382 (Enforcement of agreements, etc.) and 388 (Closing premises, public nuisance).

3. Part XVI (Liability of the City). 2006, c. 11, Sched. A, s. 143 (2).

Restriction

(3)  A power provided to a city board under subsection (2) is subject to any limits on and duties related to the power and to any procedural requirements, including conditions, approvals and appeals which apply to the power. 2006, c. 32, Sched. B, s. 34.

144 (1)  The City may enter into agreements with one or more other municipalities to establish a joint city board and to provide for those matters which, in the opinion of the participating municipalities, are necessary or desirable to facilitate the establishment and operation of the joint board. 2006, c. 11, Sched. A, s. 144 (1).

Same

(2)  The City may give to a joint city board the control and management of different municipal services or activities than those given to the board by the other municipalities and may give to a joint city board the control and management of different aspects of the municipal service or activity than the aspects given to the board by the other municipalities. 2006, c. 11, Sched. A, s. 144 (2).

Powers, etc.

(3)  Subject to subsections (4) and (5), the provisions of this Act that apply to city boards also apply with necessary modifications to joint city boards. 2006, c. 11, Sched. A, s. 144 (3).

Consent required

(4)  Except where otherwise specifically provided in any Act, an action of the City related to an existing or proposed joint city board is of no effect unless the City obtains the consent of all the other participating municipalities of which the board is a local board or will be a local board as a result of the action. 2006, c. 11, Sched. A, s. 144 (4).

Exception

(5)  Despite subsection (4), an agreement under subsection (1) may provide for circumstances where the consent of the other participating municipalities is not required under subsection (4) or where only the consent of the municipalities specified in the agreement is required under subsection (4). 2006, c. 11, Sched. A, s. 144 (5).

Powers and duties of other municipalities

(6)  If another municipality enters into an agreement described in subsection (1) with the City, the other municipality is deemed to have the same powers and duties as the City under this Act for the purposes of the establishment and operation of the joint board. 2006, c. 11, Sched. A, s. 144 (6).

Same

(7)  Subsection (6) does not authorize the other municipality to give control and management of a municipal service or activity to the joint board if the municipality does not otherwise have the authority to provide the service or undertake the activity. 2006, c. 11, Sched. A, s. 144 (7).

145 (1)  Without limiting sections 7 and 8, those sections authorize the City to dissolve or change a local board. 2006, c. 11, Sched. A, s. 145 (1).

Conflict

(2)  In the event of a conflict between a by-law described in subsection (1) and any provision of this or any other Act, excluding sections 141 to 147 of this Act, or in the event of a conflict with a regulation made under any other Act, the by-law prevails. 2006, c. 11, Sched. A, s. 145 (2).

Restriction

(3)  Despite subsection (1), the City shall not, in accordance with that subsection, dissolve or change a local board which is,

(a) a society as defined in subsection 2 (1) of the Child, Youth and Family Services Act, 2017;

(b) a board of health as defined in subsection 1 (1) of the Health Protection and Promotion Act;

(c) a committee of management under the Fixing Long-Term Care Act, 2021;

(d) a board as defined in section 1 of the Public Libraries Act;

(e) a police service board established under the Community Safety and Policing Act, 2019;

(f) REPEALED: 2017, c. 10, Sched. 2, s. 14 (1).

(g) a corporation established in accordance with section 148;

(h) such other local boards as may be prescribed. 2006, c. 11, Sched. A, s. 145 (3); 2006, c. 32, Sched. B, s. 35; 2007, c. 8, s. 198 (2); 2017, c. 10, Sched. 2, s. 14 (1); 2017, c. 14, Sched. 4, s. 6 (2); 2019, c. 1, Sched. 4, s. 10 (6); 2021, c. 39, Sched. 2, s. 3 (3).

Restriction re appeal body under s. 115

(4)  Despite subsection (1), the City shall not, in accordance with that subsection, dissolve an appeal body established under section 115. 2017, c. 10, Sched. 2, s. 14 (2).

146 Without limiting sections 7 and 8, the power of the City to change a local board under those sections includes the power to pass by-laws with respect to,

(a) the matters described in paragraphs 1 to 7 of subsection 141 (1), subject to the restrictions set out in section 141;

(b) the assumption of a power or duty of the board provided that, if the power or duty was delegated to the board by the City, the City cannot assume the power or duty if it cannot revoke the delegation;

(c) the delegation of a power or duty to the board to the extent authorized under this Act;

(d) the restriction or expansion of the mandate of the board. 2006, c. 11, Sched. A, s. 146.

147 If the City passes a by-law in accordance with subsection 145 (1) to dissolve or change a local board which is a local board of the City and one or more other municipalities,

(a) the by-law does not come into force until at least half of the municipalities, excluding the City, have passed a resolution giving their approval to the by-law;

(b) when the by-law comes into force, the by-law is deemed to be a by-law passed by each of the municipalities of which the board is a local board. 2006, c. 11, Sched. A, s. 147; 2006, c. 32, Sched. B, s. 36.

148 (1)  Without limiting sections 7 and 8, those sections authorize the City to do the following things in accordance with such conditions and restrictions as may be prescribed:

1. To establish corporations.

2. To nominate or authorize a person to act as an incorporator, director, officer or member of a corporation.

3. To exercise any power as a member of a corporation.

4. To acquire an interest in or to guarantee such securities issued by a corporation as may be prescribed.

5. To exercise any power as the holder of such securities issued by a corporation as may be prescribed. 2006, c. 11, Sched. A, s. 148 (1); 2006, c. 32, Sched. B, s. 37.

Duties of corporations, etc.

(2)  A corporation established by the City and a secondary corporation and the directors and officers of the corporation shall comply with such requirements as may be prescribed. 2009, c. 33, Sched. 21, s. 4 (7).

Exceptions

(3)  This section does not apply with respect to a corporation established under section 142 of the Electricity Act, 1998, a corporation established under section 13 of the Housing Development Act, a local housing corporation as defined in the Housing Services Act, 2011 or any other corporation that the City is expressly authorized under any other Act to establish or control. 2006, c. 11, Sched. A, s. 148 (3); 2011, c. 6, Sched. 1, s. 186 (1).

Definition

(4)  For the purposes of this section and section 154,

“secondary corporation” means a corporation established by a corporation that was established under subsection (1) and a corporation deemed under the regulations to be a secondary corporation. 2009, c. 33, Sched. 21, s. 4 (8).

Regulations

(5)  The Lieutenant Governor in Council may make regulations providing that specified corporations are deemed to be secondary corporations. 2009, c. 33, Sched. 21, s. 4 (8).

149 (1)  The City may, subject to subsection (2), make a proposal for minor restructuring of municipalities in a geographic area by submitting to the Minister of Municipal Affairs and Housing a restructuring report containing,

(a) a description of the proposal in a form and in such detail as the Minister may require; and

(b) proof in a form satisfactory to the Minister that,

(i) the proposal has the prescribed degree of support of the prescribed municipalities in the geographic area,

(ii) the support was determined in the prescribed manner,

(iii) the municipalities which support the proposal meet the prescribed criteria, and

(iv) the City consulted the public in the required manner. 2006, c. 11, Sched. A, s. 149 (1).

Limitation

(2)  A proposal for minor restructuring shall not provide for a type of restructuring other than a prescribed type of restructuring. 2006, c. 11, Sched. A, s. 149 (2).

Consultation

(3)  Before the council of the City or of another municipality votes on whether to support or oppose the proposal, the council shall or may, as applicable, do the following things when the proposal is being developed or after it is developed:

1. Council shall consult with the public by giving notice of, and by holding, at least one public meeting.

2. Council shall consult with such persons or bodies as the Minister may prescribe.

3. Council may consult with such other persons and bodies as the council considers appropriate. 2006, c. 11, Sched. A, s. 149 (3).

Implementation

(4)  The Minister may, by order, implement the proposal in accordance with the regulations if,

(a) the proposal and report under subsection (1) meet the requirements of this section; and

(b) in the opinion of the Minister, the proposal and report comply with the restructuring principles and standards established under clause 155 (1) (a). 2006, c. 11, Sched. A, s. 149 (4).

Amendment of proposal

(5)  After the following requirements are met and despite subsection (4), the Minister may allow a proposal submitted under subsection (1) or under subsection 173 (1) of the Municipal Act, 2001 to be amended and, if an order implementing the proposal has already been made, the Minister may make another order to implement the amended proposal:

1. An amended restructuring report setting out the amended proposal must be submitted to the Minister by the City.

2. The amended proposal must have the prescribed degree of support of the prescribed municipalities in the geographic area whose support was required for the original proposal.

3. The amended proposal must have the prescribed degree of support of the prescribed municipalities in the geographic area whose support would be required if the amended proposal were an original proposal.

4. The provisions of any order implementing the original proposal which are to be amended are not in force. 2006, c. 11, Sched. A, s. 149 (5).

Same

(6)  An amended proposal and report submitted to the Minister under subsection (5) is deemed to have been submitted to the Minister under subsection (1) for the purposes of this section. 2006, c. 11, Sched. A, s. 149 (6).

Same

(7)  If the Minister makes an order under subsection (4) or under subsection 173 (4) of the Municipal Act, 2001 and then makes another order under subsection (5) implementing an amended proposal, the second order is deemed to have been made under subsection (4) or under subsection 173 (4) of the Municipal Act, 2001, as the case may be. 2006, c. 11, Sched. A, s. 149 (7).

Limitation, restructuring principles and standards

(8)  If the Minister is not satisfied that the proposal and report meet the requirements of this section and comply with the restructuring principles and standards established under clause 155 (1) (a), the Minister shall not make an order implementing the proposal and he or she may refer the proposal and report back to the City for reconsideration. 2006, c. 11, Sched. A, s. 149 (8).

Effect of order

(9)  A proposal and report is deemed to comply with the restructuring principles and standards established under clause 155 (1) (a) once an order implementing the proposal is made under subsection (4). 2006, c. 11, Sched. A, s. 149 (9).

Filing

(10)  The Minister shall,

(a) publish an order under subsection (4) in The Ontario Gazette; and

(b) file a copy of an order under subsection (4) with each municipality to which the order applies. 2006, c. 11, Sched. A, s. 149 (10).

Inspection

(11)  Each municipality described in clause (10) (b) shall make the order available for public inspection. 2006, c. 11, Sched. A, s. 149 (11).

Not regulation

(12)  An order of the Minister under subsection (4) is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006. 2006, c. 11, Sched. A, s. 149 (12); 2006, c. 11, Sched. B, s. 3 (3).

150 A by-law of the City approving a proposal for minor restructuring under section 149 is not invalid on the ground that it conflicts with an official plan. 2006, c. 11, Sched. A, s. 150.

151 (1)  An order of the Minister under section 149,

(a) is conclusive evidence that all conditions precedent to the making of the order have been complied with and that the municipalities have been restructured in accordance with this Act; and

(b) prevails over any Act or regulation, other than this section, with which it conflicts and prevails over a regulation made under section 155, with which it conflicts. 2006, c. 11, Sched. A, s. 151 (1).

Exceptions

(2)  Despite clause (1) (b), the City may exercise its powers with respect to any of the following matters before or after an order of the Minister under section 149 or under section 173 of the Municipal Act, 2001 comes into force, unless the order precludes it expressly or by necessary implication:

1. Changing the name of the City.

2. Dissolving or changing local boards.

3., 4. REPEALED: 2018, c. 11, Sched. 1, s. 8.

5. Any other matter dealt with by a provision of an Act which provides, expressly or by necessary implication, that the provision or the exercise of power under the provision by the City prevails over an order of the Minister under section 149. 2006, c. 11, Sched. A, s. 151 (2); 2018, c. 11, Sched. 1, s. 8.

Same

(3)  Despite clause (1) (b), an order described in subsection (1) does not affect any exemption or partial exemption from taxes or rates or any authority to provide for those exemptions in any Act. 2006, c. 11, Sched. A, s. 151 (3).

Taxes

(4)  If, as a result of an order described in subsection (1), an area of the City is subject to taxes or rates which do not apply generally across the City, section 21 of the Assessment Act applies with respect to those taxes or rates as if the area were the whole City. 2006, c. 11, Sched. A, s. 151 (4).

REGULATIONS

Regulations re city council, etc.

152 (1)  The Lieutenant Governor in Council may make regulations,

(a) requiring the City to establish an executive committee from among the members of council and prescribing the composition, powers and duties of the committee, including, for example, requiring the committee to provide strategic directions for the City;

(b) requiring the head of council to appoint the chairs and vice-chairs of specified committees of council and specified local boards;

(c) requiring the head of council to appoint one or more deputy heads of council from among the members of council and prescribing the duties of the persons appointed;

(d) requiring the head of council to nominate or to appoint one or more persons who will have the prescribed responsibilities, powers and duties of a chief administrative officer for the City;

(e) establishing procedures for the appointment of persons who are nominated under clause (d) by the head of council;

(f) establishing procedures relating to the dismissal of persons who are nominated or appointed under clause (d);

(g) prescribing transitional matters relating to the exercise of powers and performance of duties under clauses (d) and (e);

(h) requiring council to appoint specified committees composed of members of council elected from specified geographic areas of the City and requiring the City to delegate prescribed powers and duties to the committees;

(i) specifying procedures for the adoption by the City of a budget under section 228 or the adoption or readoption of a budget under section 229;

(j) specifying the duties of the head of council in respect of the adoption or readoption of such a budget by the City. 2006, c. 11, Sched. A, s. 152 (1).

Conflict

(2)  In the event of a conflict between a regulation made under this section and a provision of this or any other Act or regulation, the regulation made under this section prevails. 2006, c. 11, Sched. A, s. 152 (2).

153 For the purposes of section 145, the Minister of Municipal Affairs and Housing may make regulations, despite this or any other Act,

(a) providing that any body performing any public function is a local board;

(b) providing that a local board is a local board of the City;

(c) providing that the City does not have the power to dissolve or change a local board specified in the regulation;

(d) imposing conditions and limitations on the powers of the City;

(e) providing that, for the purposes specified in the regulation, the City is deemed to be a local board of the type dissolved or changed;

(f) providing that, for the purposes specified in the regulation, the City shall stand in the place of a local board dissolved or changed;

(g) providing for matters that, in the opinion of the Minister, are necessary or desirable to allow the City to act as a local board, to exercise the powers of a local board or to stand in the place of a local board for any purpose;

(h) providing that the provisions of any Act specified in the regulation do not apply to the City acting as a local board, exercising the powers of a local board or standing in the place of a local board for any purpose;

(i) providing for the continuation, cessation or amendment of any or all by-laws and resolutions of a local board which is dissolved or changed under this section;

(j) providing that the City or local board pay money to each other or another municipality or local board;

(k) providing for transitional matters related to a dissolution of or change to a local board. 2006, c. 11, Sched. A, s. 153.

154 (1)  For the purposes of section 148, the Lieutenant Governor in Council may make regulations governing the powers of the City referred to in that section and governing corporations established under subsection 148 (1) and secondary corporations, including regulations,

(a) prescribing the purposes for which the City may exercise its powers referred to in that section and imposing conditions and restrictions on the use of those powers;

(b) prescribing the purposes for which a corporation may carry on business or engage in activities;

(c) prescribing securities for the purposes of paragraphs 4 and 5 of subsection 148 (1);

(d) imposing conditions and requirements that apply to a corporation and its directors and officers;

(e) providing that specified corporations are deemed not to be local boards for the purposes of any provision of this Act or for the purposes of the definition of “municipality” in such other Acts as may be specified;

(f) providing that specified corporations are deemed for the purposes of any Act or specified provisions of an Act not to be operating a public utility in such circumstances as may be prescribed;

(g) exempting the City from the application of section 82 with respect to specified corporations;

(h) providing for transitional matters relating to the City’s exercise of its powers under that section or relating to a specified corporation’s exercise of its powers. 2006, c. 11, Sched. A, s. 154 (1); 2009, c. 33, Sched. 21, s. 4 (9).

Conflict

(2)  If there is a conflict between a regulation made under this section and a provision of this Act, other than section 148, or of any other Act or a provision of any regulation, the regulation made under this section prevails. 2006, c. 11, Sched. A, s. 154 (2).

154.1  (1)  For the purposes of section 148, the Lieutenant Governor in Council may make regulations governing the powers of the City referred to in that section and governing the corporations established under that section, including regulations providing that specified corporations are deemed to be local boards for the purposes of any provision of this Act or for the purposes of the definition of “municipality” in such other Acts as may be specified. 2006, c. 32, Sched. B, s. 38.

Saving

(2)  The power conferred by subsection (1) is in addition to the power conferred by section 154. 2006, c. 32, Sched. B, s. 38.

155 (1)  The Minister of Municipal Affairs and Housing may make regulations,

(a) establishing restructuring principles and standards that relate to proposals for minor restructuring under section 149;

(b) for the purposes of section 149,

(i) establishing types of restructuring,

(ii) providing which municipalities may support a proposal for minor restructuring with respect to each type of restructuring,

(iii) providing for the degree of support required to support a proposal for minor restructuring with respect to each type of restructuring,

(iv) providing for the manner of determining the support, and

(v) providing for criteria which must be met by the municipalities supporting a proposal for minor restructuring;

(c) providing that a municipality in a geographic area for which a proposal for minor restructuring has been submitted under subsection 149 (1),

(i) shall not exercise a specified power under any Act,

(ii) shall exercise, in the specified manner, a specified power under any Act,

(iii) shall obtain the approval of a person or body specified in the regulation before exercising any of its powers under any Act;

(d) for the purpose of paragraph 2 of subsection 149 (3), prescribing the persons or bodies to be consulted. 2006, c. 11, Sched. A, s. 155 (1).

Lieutenant Governor in Council

(2)  Despite any Act, the Lieutenant Governor in Council may make regulations setting out the powers that may be exercised by the Minister of Municipal Affairs and Housing in implementing a proposal for minor restructuring. 2006, c. 11, Sched. A, s. 155 (2).