Municipal Act, 2001 SO 2001, c 25

171 (1)  The purposes of sections 172 to 179 are,

(a) to provide for a process which allows municipal restructuring to proceed in a timely and efficient manner;

(b) to facilitate municipal restructuring over large geographic areas; and

(c) to facilitate municipal restructuring of a significant nature which may include elimination of a level of municipal government, transfer of municipal powers and responsibilities and changes to municipal representation systems. 2001, c. 25, s. 171 (1).

Interpretation

(2)  In sections 172 to 179, a reference to a municipality does not include the cities of Toronto, Hamilton, Ottawa and Greater Sudbury, Haldimand County or Norfolk County or a regional municipality or its lower-tier municipalities except with respect to minor restructuring proposals described in subsection 173 (16). 2001, c. 25, s. 171 (2).

172 In sections 171 to 186,

“local body” means, in respect of unorganized territory, a local body as described in the regulations; (“organisme local”)

“resident” means a person who is a permanent resident or a temporary resident having a permanent dwelling within a geographic area and who is a Canadian citizen and is at least 18 years of age; (“résident”)

“restructuring” means,

(a) annexing part of a municipality to another municipality,

(b) annexing a geographic area that does not form part of a municipality to a municipality,

(c) amalgamating a municipality with another municipality,

(d) separating a local municipality from an upper-tier municipality for municipal purposes,

(e) joining a local municipality to an upper-tier municipality for municipal purposes,

(f) dissolving all or part of a municipality, and

(g) incorporating the inhabitants of a geographic area as a municipality. (“restructuration”) 2001, c. 25, s. 172.

173 (1)  A municipality or local body in a geographic area may, subject to subsection (2), make a restructuring proposal to restructure municipalities and unorganized territory in the geographic area by submitting to the Minister a restructuring report containing,

(a) a description of the restructuring 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 restructuring proposal has the prescribed degree of support of the prescribed municipalities and local bodies in the geographic area,

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

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

(iv) the municipality or local body consulted the public in the required manner. 2001, c. 25, s. 173 (1).

Limitation

(2)  A restructuring proposal shall not provide for a type of restructuring other than a prescribed type of restructuring. 2001, c. 25, s. 173 (2).

Consultation

(3)  Before the council of a municipality votes on whether to support or oppose a restructuring 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 municipality considers appropriate. 2001, c. 25, s. 173 (3).

Implementation

(4)  The Minister may, by order, implement a restructuring proposal in accordance with the regulations made under subsection (17) if,

(a) the restructuring 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 section 179. 2001, c. 25, s. 173 (4).

Amendment of restructuring proposal

(5)  After the following requirements are met and despite subsection (4), the Minister may allow a restructuring proposal submitted under subsection (1) or under subsection 149 (1) of the City of Toronto Act, 2006 to be amended and, if an order implementing the proposal has already been made, the Minister may make another order to implement the amended restructuring proposal:

1. An amended restructuring report setting out the amended restructuring proposal must be submitted to the Minister by one of the municipalities or local bodies entitled to make the original restructuring proposal, other than the City of Toronto.

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

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

4. The provisions of any order implementing the original restructuring proposal which are to be amended are not in force. 2006, c. 32, Sched. A, s  83 (1).

Same

(6)  An amended restructuring proposal and report submitted to the Minister under subsection (5) shall be deemed to have been submitted to the Minister under subsection (1) for the purposes of this section. 2001, c. 25, s. 173 (6).

Same

(7)  If the Minister makes an order under subsection (4) or under subsection 149 (4) of the City of Toronto Act, 2006 and then makes another order under subsection (5) implementing an amended restructuring proposal, the second order is deemed to have been made under subsection (4) or under subsection 149 (4) of the City of Toronto Act, 2006, as the case may be, for the purposes of this section. 2006, c. 32, Sched. A, s. 83 (2).

Limitation

(8)  The Minister shall not make an order under subsection (4) to implement the restructuring proposal in a geographic area if any part of the geographic area is in a geographic area for which a commission has been established under section 174. 2001, c. 25, s. 173 (8).

Same, restructuring principles and standards

(9)  If the Minister is not satisfied that the restructuring proposal and report meet the requirements of this section and comply with the restructuring principles and standards established under section 179, the Minister shall not make an order implementing the proposal and he or she may refer the proposal and report back to the municipality or local body that submitted them for reconsideration. 2001, c. 25, s. 173 (9).

Effect of order

(10)  A restructuring proposal and report shall be deemed to comply with the restructuring principles and standards established under section 179 once an order implementing the proposal is made under subsection (4). 2001, c. 25, s. 173 (10).

Filing

(11)  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. 2001, c. 25, s. 173 (11).

Inspection

(12)  Each municipality described in clause (11) (b) shall make the order available for public inspection. 2001, c. 25, s. 173 (12).

Not regulation

(13)  An order of the Minister under subsection (4) is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006. 2001, c. 25, s. 173 (13); 2006, c. 21, Sched. F, s. 136 (1).

Regulations

(14)  The Minister may make regulations,

(a) in respect of unorganized territory, providing that any body or class of persons is a local body for the purposes of this section;

(b) for the purpose of subsection (1),

(i) establishing types of restructuring,

(ii) providing which municipalities and local bodies may support a restructuring proposal with respect to each type of restructuring,

(iii) providing for the degree of support required to support a restructuring proposal 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 and local bodies supporting a restructuring proposal;

(c) providing that a municipality in a geographic area for which a restructuring proposal has been submitted under subsection (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 (3), prescribing the persons or bodies to be consulted. 2001, c. 25, s. 173 (14).

Differing support requirement

(15)  A regulation under subsection (14) may provide for different support requirements for restructuring proposals which are minor and restructuring proposals which are not minor. 2001, c. 25, s. 173 (15).

Minor restructuring proposal

(16)  A restructuring proposal is minor if,

(a) the proposal provides for one or more annexations of part of a local municipality to another local municipality and makes any changes to the boundaries of upper-tier municipalities necessary to reflect the annexations;

(b) the proposal does not provide for any type of restructuring other than described in clause (a); and

(c) the Minister, after reviewing the proposal, is of the opinion that it is of a minor nature. 2001, c. 25, s. 173 (16).

Regulations

(17)  Despite any Act, the Lieutenant Governor in Council may make regulations setting out the powers that may be exercised by the Minister or a commission established under section 174 in implementing a restructuring proposal. 2001, c. 25, s. 173 (17).

174 (1)  At the request of one of the following, the Minister may establish a commission on or before December 31, 2002 or such later date as the Lieutenant Governor in Council may prescribe, either before or after the December 31, 2002 deadline has passed, to develop a proposal for restructuring municipalities and unorganized territory in a geographic area or in such greater or lesser area as the Minister may prescribe:

1. A municipality in a geographic area.

2. At least 75 residents of the unorganized territory in the geographic area. 2001, c. 25, s. 174 (1).

Restructuring proposal

(2)  The commission shall develop a restructuring proposal for the prescribed geographic area or for such part of it as the commission considers advisable. 2001, c. 25, s. 174 (2).

Limitation

(3)  A restructuring proposal shall not provide for a type of restructuring other than a prescribed type of restructuring. 2001, c. 25, s. 174 (3).

Consultation

(4)  When developing a restructuring proposal, the commission shall consult with each municipality in the prescribed geographic area and with such persons or bodies as the Minister may prescribe and may consult with such other bodies and persons as the commission considers appropriate. 2001, c. 25, s. 174 (4).

Draft proposal

(5)  The commission shall prepare a draft of the restructuring proposal and shall give a copy of the draft to each municipality and make it available for inspection by members of the public in the prescribed geographic area. 2001, c. 25, s. 174 (5).

Public meeting

(6)  The commission shall hold at least one public meeting at which any person who attends is given an opportunity to make representations about the draft. 2001, c. 25, s. 174 (6).

Written submissions

(7)  The commission shall invite written submissions about the draft and shall establish a deadline for receiving them. 2001, c. 25, s. 174 (7).

Inspection

(8)  The commission shall make the submissions available for inspection by each municipality and by members of the public in the prescribed geographic area. 2001, c. 25, s. 174 (8).

Notice

(9)  The commission shall notify each municipality in the prescribed geographic area of its opportunity to make representations and shall advise them where they can inspect written submissions received by the commission. 2001, c. 25, s. 174 (9).

Notice to the public

(10)  The commission shall give notice to the public in the prescribed geographic area advising them of the opportunity,

(a) to inspect the draft;

(b) to make representations at the public meeting and to give written submissions by the deadline; and

(c) to inspect the written submissions received by the commission. 2001, c. 25, s. 174 (10).

Final proposal

(11)  After considering the representations and submissions about the draft, the commission shall finalize the restructuring proposal and shall give a copy of it to each municipality in the prescribed geographic area and make it available for inspection by members of the public in the prescribed geographic area. 2001, c. 25, s. 174 (11).

Notice

(12)  The commission shall give notice to the public in the prescribed geographic area advising them of the opportunity to inspect the restructuring proposal. 2001, c. 25, s. 174 (12).

Method of giving public notice

(13)  The commission shall give notice to the public under this section in a form and manner and at the times that the commission considers adequate to give the public in the prescribed geographic area reasonable notice. 2001, c. 25, s. 174 (13).

175 (1)  The commission may make orders to implement a restructuring proposal if the requirements in section 174 have been met and if, in the opinion of the commission, the proposal complies with the restructuring principles and standards established under section 179. 2001, c. 25, s. 175 (1).

Same

(2)  For the purposes of implementing a restructuring proposal, the commission has the powers under a regulation made under subsection 173 (17). 2001, c. 25, s. 175 (2).

Effect of order

(3)  A restructuring proposal shall be deemed to comply with the restructuring principles and standards established under section 179 once an order implementing the proposal is made under subsection (1). 2001, c. 25, s. 175 (3).

Restriction

(4)  The commission shall not finalize the restructuring proposal or make orders to implement it until at least 30 days after the later of,

(a) the day on which the final public meeting about the draft is held; and

(b) the deadline for receiving written submissions about the draft. 2001, c. 25, s. 175 (4).

Publication and filing

(5)  The commission shall publish an order in The Ontario Gazette and shall file a copy of the order with each municipality to which the order applies. 2001, c. 25, s. 175 (5).

Inspection

(6)  Each municipality described in subsection (5) shall make the order available for public inspection. 2001, c. 25, s. 175 (6).

Not regulation

(7)  An order of the commission is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006. 2001, c. 25, s. 175 (7); 2006, c. 21, Sched. F, s. 136 (1).

176 The Minister may, for the purposes of sections 174 and 175, make regulations,

(a) establishing a commission;

(b) providing for the composition of the commission, which may be composed of one person;

(c) describing the geographic area for which the commission shall develop a restructuring proposal;

(d) in respect of unorganized territory, providing that any body or class of persons is a local body;

(e) establishing types of restructuring;

(f) authorizing the commission to determine its costs and to apportion the costs among the municipalities and local bodies in the geographic area for which the commission was established;

(g) providing that a municipality in a geographic area for which a commission has been established to develop a restructuring proposal under subsection 174 (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;

(h) for the purpose of subsection 174 (4), prescribing the persons or bodies to be consulted. 2001, c. 25, s. 176.

177 (1)  The Minister may require that a commission follow such procedures as the Minister may provide, in addition to the procedures set out in this Part. 2001, c. 25, s. 177.

Legislation Act, 2006

(2)  Part III (Regulations) of the Legislation Act, 2006 does not apply to procedures established by the Minister under subsection (1). 2006, c. 21, Sched. F, s. 120 (2).

178 Costs which the commission apportions to a municipality or local body are a debt of the municipality or local body to the Crown. 2001, c. 25, s. 178.

179 The Minister may, by regulation, establish restructuring principles and standards,

(a) that relate to restructuring proposals under section 173 or 174; and

(b) that shall be considered by the Ontario Land Tribunal when making a decision under section 180, 181 or 182. 2001, c. 25, s. 179; 2017, c. 23, Sched. 5, s. 41; 2021, c. 4, Sched. 6, s. 64 (1).

180 (1)  The Minister, with the approval of the Lieutenant Governor in Council, may apply to the Ontario Land Tribunal to incorporate the inhabitants of a geographic area in unorganized territory as a single-tier municipality. 2001, c. 25, s. 180 (1); 2017, c. 23, Sched. 5, s. 42 (1); 2021, c. 4, Sched. 6, s. 64 (1).

Boundaries

(2)  The Tribunal may incorporate the geographic area or incorporate a geographic area which is larger or smaller than the geographic area for which the application is made. 2001, c. 25, s. 180 (2); 2017, c. 23, Sched. 5, s. 42 (2).

Overlap

(3)  If the geographic area incorporated as a single-tier municipality includes areas in more than one territorial district as set out in the regulations under the Territorial Division Act, 2002, the municipality shall form part of the territorial district specified by the Tribunal. 2001, c. 25, s. 180 (3); 2009, c. 33, Sched. 21, s. 6 (3); 2017, c. 23, Sched. 5, s. 42 (3).

181 (1)  The Ontario Land Tribunal may annex a geographic area in unorganized territory to a local municipality upon the application of,

(a) the local municipality;

(b) the Minister with the approval of the Lieutenant Governor in Council; or

(c) at least 25 residents of the geographic area for which the application is made. 2001, c. 25, s. 181 (1); 2017, c. 23, Sched. 5, s. 43 (1); 2021, c. 4, Sched. 6, s. 64 (1).

Boundaries

(2)  The Tribunal may annex a geographic area that is larger or smaller than the geographic area for which the application is made. 2001, c. 25, s. 181 (2); 2017, c. 23, Sched. 5, s. 43 (2).

182 (1)  The Minister, with the approval of the Lieutenant Governor in Council, may apply or a single-tier municipality may apply to the Ontario Land Tribunal to dissolve all or part of the single-tier municipality in a territorial district as set out in the regulations under the Territorial Division Act, 2002. 2001, c. 25, s. 182 (1); 2009, c. 33, Sched. 21, s. 6 (4); 2017, c. 23, Sched. 5, s. 44 (1); 2021, c. 4, Sched. 6, s. 64 (1).

Powers of Tribunal

(2)  Upon an application under subsection (1), the Tribunal may,

(a) dissolve all or part of the single-tier municipality;

(b) annex all or part of the single-tier municipality to another municipality; or

(c) do any combination of (a) and (b). 2001, c. 25, s. 182 (2); 2017, c. 23, Sched. 5, s. 44 (2); 2021, c. 4, Sched. 6, s. 64 (2).

Dissolution

(3)  The Tribunal may dissolve or annex a geographic area that is larger or smaller or different than the geographic area for which the application is made. 2001, c. 25, s. 182 (3); 2017, c. 23, Sched. 5, s. 44 (3).

183 (1)  The Ontario Land Tribunal shall hold a public hearing before making an order under section 180, 181 or 182. 2001, c. 25, s. 183 (1); 2017, c. 23, Sched. 5, s. 45 (1); 2021, c. 4, Sched. 6, s. 64 (1).

Powers

(2)  In making an order under section 180, 181 or 182, the Tribunal has the same powers as the Minister has in a regulation made under subsection 173 (17) and that regulation applies with necessary modifications to the power being exercised. 2001, c. 25, s. 183 (2); 2017, c. 23, Sched. 5, s. 45 (2).

Annexation

(3)  If the Tribunal annexes an area to a local municipality under section 180, 181 or 182, the area forms part of the upper-tier municipality, if any, or territorial district as set out in the regulations under the Territorial Division Act, 2002 in which the local municipality is located. 2001, c. 25, s. 183 (3); 2009, c. 33, Sched. 21, s. 6 (5); 2017, c. 23, Sched. 5, s. 45 (3).

(4)  REPEALED: 2009, c. 33, Sched. 2, s. 47 (1).

Deferred proceedings

(5)  The Minister may notify the Tribunal in writing that in his or her opinion an application to the Tribunal under section 180, 181 or 182 should be deferred and upon so doing all proceedings in the application are stayed until the Minister notifies the Tribunal in writing that they may be continued. 2017, c. 23, Sched. 5, s. 45 (4).

184 A by-law of a municipality approving a restructuring proposal under section 173, requesting the establishment of a commission under section 174 or authorizing an application to the Ontario Land Tribunal under section 180, 181 or 182 is not invalid on the ground that it conflicts with an official plan. 2001, c. 25, s. 184; 2017, c. 23, Sched. 5, s. 46; 2021, c. 4, Sched. 6, s. 64 (1).

185 If, as a result of a restructuring under this Part, all or part of an existing municipality forms part of a new municipality, the council of the existing municipality shall, within that part, continue to have the same powers as it had before the restructuring until the council of the new municipality is organized. 2001, c. 25, s. 185.

186 (1)  An order of the Minister under section 173, a commission under section 175 or the Ontario Land Tribunal under section 180, 181 or 182,

(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 with which it conflicts except,

(i) this section and regulations made under this section,

(ii) sections 171 to 185, and

(iii) regulations made under sections 171 to 185. 2001, c. 25, s. 186 (1); 2006, c. 32, Sched. A, s. 84 (1); 2017, c. 23, Sched. 5, s. 47 (1); 2021, c. 4, Sched. 6, s. 64 (1).

Exception

(2)  Despite clause (1) (b), a municipality may exercise its powers with respect to any of the following matters before or after an order of the Minister under section 173 or an order of a commission under section 175 comes into force, unless the order precludes it expressly or by necessary implication:

1. Changing the name of the municipality.

2. Transferring powers between upper-tier and lower-tier municipalities.

3. Dissolving or changing local boards.

4. Changing the composition of council.

5. Establishing, changing or dissolving wards.

6. Any other matter dealt with by a provision of an Act that provides, expressly or by necessary implication, that the provision or the exercise of power under the provision by a municipality prevails over an order of the Minister under section 173, a commission under section 175 or the Ontario Land Tribunal under section 180, 181 or 182. 2006, c. 32, Sched. A, s. 84 (2); 2017, c. 23, Sched. 5, s. 47 (2); 2021, c. 4, Sched. 6, s. 64 (1).

Exception

(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. 2001, c. 25, s. 186 (3).

Taxes

(4)  If, as a result of an order described in subsection (1), an area of a municipality is subject to taxes or rates which do not apply generally across the municipality, section 21 of the Assessment Act applies with respect to those taxes or rates as if the area were the whole municipality. 2001, c. 25, s. 186 (4).

186.1  (1)  Every order described in subsection (2) whose effective date is earlier than January 2, 2005 and that remains in force on the day before the day on which the Good Government Act, 2009 receives Royal Assent is revoked. 2009, c. 33, Sched. 21, s. 6 (6).

Same

(2)  Subsection (1) applies to,

(a) orders of the Minister made under subsection 173 (4) or (5) or under a predecessor of one of those subsections; and

(b) orders of a commission made under subsection 175 (1) or a predecessor of that subsection. 2009, c. 33, Sched. 21, s. 6 (6).

Exception, provisions with continuing effect

(3)  Despite subsection (1), if a provision of an order that is revoked by that subsection still has effect on the day before the day on which the Good Government Act, 2009 receives Royal Assent, the provision is not revoked and continues to apply. 2009, c. 33, Sched. 21, s. 6 (6).

Application of Legislation Act, 2006, ss. 51, 53, 56 and 57

(4)  When an order is revoked by subsection (1), sections 51, 53, 56 and 57 of the Legislation Act, 2006 apply as if the order were a revoked regulation. 2009, c. 33, Sched. 21, s. 6 (6).

187 (1)  Without limiting sections 9, 10 and 11, those sections authorize a municipality to change its name so long as the new name is not the same as the name of another municipality. 2006, c. 32, Sched. A, s. 85.

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 or any regulation made under any other Act, the by-law prevails. 2006, c. 32, Sched. A, s. 85.

Notification

(3)  A municipality that passes a by-law changing its name shall send a copy of the by-law to the Director of Titles appointed under the Land Titles Act and to the Minister promptly after its passage. 2001, c. 25, s. 187 (3).

Status unchanged

(4)  A by-law changing the name of a municipality does not affect the status of a municipality as an upper-tier municipality, a lower-tier municipality or a single-tier municipality, as the case may be. 2001, c. 25, s. 187 (4).

Rights, obligations not affected

(5)  A change in the name of a municipality does not affect its rights or obligations. 2001, c. 25, s. 187 (5).

188 (1)  In sections 189 to 193,

“elector” means a person whose name appears on the voters’ list, as amended up until the close of voting on voting day, for the last regular election preceding the coming into force of a by-law under section 189 or 191; (“électeur”)

“lower-tier power” means a power a lower-tier municipality or its local boards may exercise under any Act, including any limitations on the power, with respect to the following matters:

1. Waste management.

2. Fire protection and prevention.

3. Public transportation systems, other than highways.

4. Business licensing.

5. Economic development services.

6. Collection, transmission, treatment and disposal of sewage.

7. Production, distribution and supply of water.

8. Policing in accordance with the Community Safety and Policing Act, 2019.

9. Any other matter prescribed by the Minister; (“pouvoir de palier inférieur”)

“upper-tier power” means a power an upper-tier municipality or its local boards may exercise under any Act, including any limitations on the power, with respect to the following matters:

1. Waste collection.

2. Fire protection and prevention.

3. Public transportation systems, other than highways.

4. Business licensing.

5. Economic development services.

6. Any other matter prescribed by the Minister. (“pouvoir de palier supérieur”) 2001, c. 25, s. 188 (1); 2002, c. 17, Sched. A, s. 38; 2019, c. 1, Sched. 4, s. 33 (5).

Conflict

(2)  In the event of a conflict between a by-law under clause 189 (1) (a) or 191 (1) (a) and a provision of any Act or regulation, the by-law prevails. 2001, c. 25, s. 188 (2).

Conflict

(3)  In the event of a conflict between a regulation under section 193 and a provision of any Act or regulation, the regulation under section 193 prevails. 2001, c. 25, s. 188 (3).

CTS 27 AL 10 - 1

2018, c. 3, Sched. 5, s. 34 (5) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019

2019, c. 1, Sched. 4, s. 33 (5) - 01/04/2024

189 (1)  An upper-tier municipality may pass a by-law to provide for,

(a) the transfer of all or part of a lower-tier power to the upper-tier municipality from one or more of its lower-tier municipalities which are specified in the by-law; and

(b) transitional matters to facilitate the assumption of the lower-tier power. 2001, c. 25, s. 189 (1).

Conditions

(2)  A by-law under subsection (1) shall not come into force unless,

(a) a majority of all votes on the council of the upper-tier municipality are cast in its favour;

(b) a majority of the councils of all the lower-tier municipalities forming part of the upper-tier municipality for municipal purposes have passed resolutions giving their consent to the by-law; and

(c) the total number of electors in the lower-tier municipalities that have passed resolutions under clause (b) form a majority of all the electors in the upper-tier municipality. 2001, c. 25, s. 189 (2).

No repeal

(3)  A provision of a by-law passed under clause (1) (a) shall not be repealed in whole or in part after it comes into force. 2001, c. 25, s. 189 (3).

Exception

(4)  Despite subsection (3), if a by-law of an upper-tier municipality passed under subsection (1) is in force, the by-law shall be deemed to be repealed to the extent it conflicts with a by-law of a lower-tier municipality passed under section 191 which comes into force at a later date. 2001, c. 25, s. 189 (4).

190 (1)  When a by-law passed under section 189 comes into force,

(a) the upper-tier municipality may exercise the transferred lower-tier power of the lower-tier municipalities specified in the by-law;

(b) a lower-tier municipality specified in the by-law and its local boards are bound by the by-law and no longer have the power to exercise the transferred lower-tier power;

(c) an existing by-law or resolution of a lower-tier municipality and its local boards that relate to the transferred lower-tier power shall, to the extent it applies in any part of the lower-tier municipality, be deemed to be a by-law or resolution of the upper-tier municipality; and

(d) the existing by-law or resolution referred to in clause (c) shall remain in force in that part of the lower-tier municipality until the earlier of two years after the transfer by-law comes into force and the day the existing by-law or resolution is repealed by the upper-tier municipality. 2001, c. 25, s. 190 (1).

Continuation of matters

(2)  When a lower-tier power is transferred to an upper-tier municipality under section 189, the upper-tier municipality may continue anything that the lower-tier municipality began under the transferred lower-tier power before the transfer but did not complete. 2001, c. 25, s. 190 (2).

191 (1)  A lower-tier municipality may pass a by-law to provide for,

(a) the transfer of all or part of an upper-tier power from its upper-tier municipality to one or more of the lower-tier municipalities forming part of the upper-tier municipality for municipal purposes which are specified in the by-law; and

(b) transitional matters to facilitate the assumption of the upper-tier power. 2001, c. 25, s. 191 (1).

Coming into force

(2)  A by-law under subsection (1) shall not come into force unless,

(a) at least half of all the lower-tier municipalities forming part of the upper-tier municipality for municipal purposes, excluding the lower-tier municipality which passed the by-law, have passed resolutions giving their consent to the by-law;

(b) the total number of electors in the lower-tier municipalities which have passed resolutions under clause (a) and in the lower-tier municipality which passed the by-law form a majority of all the electors in the upper-tier municipality; and

(c) the council of the upper-tier municipality has passed a resolution giving its consent to the assumption of the power and a majority of all the votes on the council were cast in favour of the resolution. 2001, c. 25, s. 191 (2).

No repeal

(3)  A provision of a by-law passed under clause (1) (a) shall not be repealed in whole or in part after it comes into force. 2001, c. 25, s. 191 (3).

Exception

(4)  Despite subsection (3), if a by-law of a lower-tier municipality passed under subsection (1) is in force, the by-law shall be deemed to be repealed to the extent it conflicts with a by-law of an upper-tier municipality passed under section 189 which comes into force at a later date. 2001, c. 25, s. 191 (4).

192 (1)  When a by-law under section 191 comes into force,

(a) each lower-tier municipality specified in the by-law is bound by the by-law and may exercise the transferred upper-tier power but may do so only for its own purposes;

(b) the upper-tier municipality and its local boards are bound by the by-law and no longer have the power to exercise the transferred upper-tier power in those lower-tier municipalities;

(c) an existing by-law or resolution of an upper-tier municipality and its local boards that relates to the transferred upper-tier power shall, to the extent it applies in any part of a lower-tier municipality specified in the transfer by-law, be deemed to be a by-law or resolution of the lower-tier municipality; and

(d) the existing by-law or resolution referred to in clause (c) shall remain in force in that part of the lower-tier municipality until the earlier of two years after the transfer by-law comes into force and the day the existing by-law or resolution is repealed by the lower-tier municipality. 2001, c. 25, s. 192 (1).

Continuation of matters

(2)  When an upper-tier power is transferred to a lower-tier municipality under section 191, the lower-tier municipality may continue anything that the upper-tier municipality began under the transferred upper-tier power before the transfer but did not complete to the extent the thing applies to the lower-tier municipality. 2001, c. 25, s. 192 (2).

193 The Minister may make regulations,

(a) prescribing matters which fall within the definition of lower-tier power or upper-tier power in section 188;

(b) providing for the continuation, cessation or amendment of by-laws and resolutions;

(c) imposing conditions and limitations on powers of an upper-tier municipality and lower-tier municipalities under sections 189 and 191;

(d) imposing conditions and limitations on lower-tier powers and upper-tier powers transferred under sections 189 and 191;

(e) providing that any body performing a public function is a local board for the purpose of sections 188 to 192 and this section;

(f) providing for any matter that, in the opinion of the Minister, is necessary or desirable to allow a municipality to which a power has been transferred under section 189 or 191 to exercise the power;

(g) providing for any matter that, in the opinion of the Minister, is necessary or desirable to allow a municipality from which a power has been transferred under section 189 or 191 to exercise its remaining powers;

(h) providing for any transitional matter related to the transfer of a power under sections 189 and 191. 2001, c. 25, s. 193.

194 (1)  In this section and in sections 195 to 202,

“municipality” means, in relation to a municipal service board, the municipality of which the board is a local board; (“municipalité”)

“public utility” includes, in relation to a municipality, any system of the municipality, the control and management of which has been given under any Act to a public utilities commission continued by section 195. (“service public”) 2001, c. 25, s. 194 (1); 2006, c. 32, Sched. A, s. 86 (1, 2).

(2)  REPEALED: 2006, c. 32, Sched. A, s. 86 (3).

195 A public utility commission established or deemed to have been established under the Public Utilities Act, a parking authority established under paragraph 57 of section 207 of the old Act and a board of park management established under the Public Parks Act, which exist on December 31, 2002, are deemed to be municipal service boards established under this Act and continue with the same name, composition and service area and have the same powers and the same control and management of the same services as they had on that day. 2006, c. 32, Sched. A, s. 87.

196 (1)  Without limiting sections 9, 10 and 11, those sections authorize a municipality to establish a municipal service 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 municipality.

7. The relationship between the municipality and the board, including their financial and reporting relationship. 2006, c. 32, Sched. A, s. 87.

Restriction

(2)  A municipal service board must be composed of at least two members. 2006, c. 32, Sched. A, s. 87.

Same, election of members

(3)  A municipality cannot require any member of a municipal service board to be elected to that office under the Municipal Elections Act, 1996. 2006, c. 32, Sched. A, s. 87.

Same, term of office

(4)  The term of office of a member of a municipal service board cannot exceed four years but members may be eligible for appointment for more than one term. 2006, c. 32, Sched. A, s. 87.

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. 32, Sched. A, s. 87.

Same

(6)  Except as otherwise provided by subsections (2) to (4), the following provisions apply with necessary modifications to a municipal service board and its members as if they were council and members of council: section 242, clauses 259 (1) (c) to (h) and sections 260, 264 and 265. 2006, c. 32, Sched. A, s. 87.

197 (1)  A municipal service board is a body corporate unless the municipality provides otherwise when establishing the board. 2006, c. 32, Sched. A, s. 87.

Agency

(2)  A municipal service board is an agent of the municipality. 2006, c. 32, Sched. A, s. 87.

Local board

(3)  A municipal service board is a local board of the municipality for all purposes. 2006, c. 32, Sched. A, s. 87.

Non-application of Acts

(4)  The Not-for-Profit Corporations Act, 2010 and the Corporations Information Act do not apply to a municipal service board that is a body corporate. 2017, c. 20, Sched. 8, s. 99 (2).

198 (1)  A municipality may give a municipal service board the control and management of such services and activities of the municipality as the municipality considers appropriate and shall do so by delegating the powers and duties of the municipality to the board in accordance with this Act. 2006, c. 32, Sched. A, s. 87.

Powers and duties

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

1. Section 9.

2. Part XIV (Enforcement), except sections 433, 434, 442 and 447.1.

3. Part XV (Municipal Liability). 2006, c. 32, Sched. A, s. 87.

Restriction

(3)  A power provided to a municipal service 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. A, s. 87.

199-201 REPEALED: 2006, c. 32, Sched. A, s. 87.

202 (1)  Two or more municipalities may enter into agreements to establish a joint municipal service 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 municipal service board. 2001, c. 25, s. 202 (1).

Same

(2)  Different participating municipalities may give control and management of different municipal services to the same joint municipal service board and may give control and management of different aspects of the same municipal service to the same joint municipal service board. 2001, c. 25, s. 202 (2).

Powers, etc.

(3)  Subject to subsections (4) and (5), the provisions of this Act that apply to municipal service boards also apply with necessary modifications to joint municipal service boards. 2001, c. 25, s. 202 (3).

Consent required

(4)  Except where otherwise specifically provided in any Act, an action of a municipality related to an existing or proposed joint municipal service board is of no effect unless the municipality 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. 2001, c. 25, s. 202 (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). 2001, c. 25, s. 202 (5).

203 (1)  Without limiting sections 9, 10 and 11, those sections authorize a municipality 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. 32, Sched. A, s. 88.

Duties of corporations, etc.

(2)  A corporation established by a municipality 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. 6 (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 a municipality is expressly authorized under any other Act to establish or control. 2006, c. 32, Sched. A, s. 88; 2011, c. 6, Sched. 1, s. 187 (2).

Definition

(3.1)  For the purposes of this section,

“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. 6 (8).

Regulations

(3.2)  The Lieutenant Governor in Council may make regulations providing that specified corporations are deemed to be secondary corporations. 2009, c. 33, Sched. 21, s. 6 (8).

Regulations re corporations

(4)  The Lieutenant Governor in Council may make regulations governing the powers of a municipality under this section and governing corporations established under subsection (1) and secondary corporations, including regulations,

(a) prescribing the purposes for which a municipality may exercise its powers referred to in this 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 (1);

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

(e) providing that specified corporations are deemed to be or 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 a municipality from the application of section 106 with respect to specified corporations;

(h) providing for transitional matters relating to a municipality’s exercise of its powers under section 106 or relating to a specified corporation’s exercise of its powers. 2006, c. 32, Sched. A, s. 88; 2009, c. 33, Sched. 21, s. 6 (9).

Conflict

(5)  If there is a conflict between a regulation made under this section and a provision of this Act, other than this section, or of any other Act or regulation, the regulation made under this section prevails. 2006, c. 32, Sched. A, s. 88.

204 (1)  A local municipality may designate an area as an improvement area and may establish a board of management,

(a) to oversee the improvement, beautification and maintenance of municipally-owned land, buildings and structures in the area beyond that provided at the expense of the municipality generally; and

(b) to promote the area as a business or shopping area. 2001, c. 25, s. 204 (1).

Corporation

(2)  A board of management is a corporation consisting of the number of directors established by the municipality. 2001, c. 25, s. 204 (2).

Local board status

(2.1)  A board of management is a local board of the municipality for all purposes. 2006, c. 32, Sched. A, s. 89.

Composition

(3)  A board of management shall be composed of,

(a) one or more directors appointed directly by the municipality; and

(b) the remaining directors selected by a vote of the membership of the improvement area and appointed by the municipality. 2001, c. 25, s. 204 (3).

Membership

(4)  Members of an improvement area consist of persons who are assessed, on the last returned assessment roll, with respect to rateable property in the area that is in a prescribed business property class and tenants of such property. 2001, c. 25, s. 204 (4).

Determining tenancy

(5)  In determining whether a person is a tenant or not, the clerk of the municipality may accept a list provided under clause 210 (2) (b) or the declaration of a person that the person is a tenant and the determination of the clerk is final. 2001, c. 25, s. 204 (5).

One vote

(6)  Each member of an improvement area has one vote regardless of the number of properties that the member may own or lease in the improvement area. 2001, c. 25, s. 204 (6).

Nominee

(7)  A corporate member of an improvement area may nominate in writing one individual to vote on behalf of the corporation. 2001, c. 25, s. 204 (7).

Joint nominee

(8)  Subject to subsection (6), one individual may be nominated for voting purposes by two or more corporations that are members of an improvement area. 2001, c. 25, s. 204 (8).

Refusal to appoint

(9)  The municipality may refuse to appoint a person selected by the members of an improvement area, in which case the municipality may leave the position vacant or direct that a meeting of the members of the improvement area be held to elect or select another candidate for the municipality’s consideration. 2001, c. 25, s. 204 (9).

Term

(10)  The term of the directors of a board of management is the same as the term of the council that appointed them but continues until their successors are appointed. 2001, c. 25, s. 204 (10).

Reappointment

(11)  Directors are eligible for reappointment. 2001, c. 25, s. 204 (11).

Vacancies

(12)  Subject to subsection (9), if a vacancy occurs for any cause, the municipality may appoint a person to fill the vacancy for the unexpired portion of the term and the appointed person is not required to be a member of the improvement area. 2001, c. 25, s. 204 (12).

205 (1)  A board of management shall prepare a proposed budget for each fiscal year by the date and in the form required by the municipality and shall hold one or more meetings of the members of the improvement area for discussion of the proposed budget. 2002, c. 17, Sched. A, s. 40 (1).

Council to approve

(2)  A board of management shall submit the budget to council by the date and in the form required by the municipality and the municipality may approve it in whole or in part but may not add expenditures to it. 2001, c. 25, s. 205 (2); 2002, c. 17, Sched. A, s. 40 (2).

Limitations

(3)  A board of management shall not,

(a) spend any money unless it is included in the budget approved by the municipality or in a reserve fund established under section 417;

(b) incur any indebtedness extending beyond the current year without the prior approval of the municipality; or

(c) borrow money. 2001, c. 25, s. 205 (3).

Limitations on power

(4)  Sections 401 and 474.10.13 apply to the municipality’s approval under clause (3) (b) in the same manner as if it were incurring a debt of the municipality. 2001, c. 25, s. 205 (4); 2017, c. 23, Sched. 5, s. 48; 2021, c. 4, Sched. 6, s. 64 (3).

206 A board of management shall give reasonable notice to the general membership of the improvement area of a meeting to hold a vote under clause 204 (3) (b) or for the purposes of a discussion under subsection 205 (1). 2001, c. 25, s. 206; 2002, c. 17, Sched. A, s. 41.

207 (1)  A board of management shall submit its annual report for the preceding year to council by the date and in the form required by the municipality and the report shall include audited financial statements. 2001, c. 25, s. 207 (1).

Auditor

(2)  The municipal auditor is the auditor of each board of management and may inspect all records of the board. 2001, c. 25, s. 207 (2).

208 (1)  The municipality shall annually raise the amount required for the purposes of a board of management, including any interest payable by the municipality on money borrowed by it for the purposes of the board of management. 2001, c. 25, s. 208 (1).

Special charge

(2)  The municipality may establish a special charge for the amount referred to in subsection (1),

(a) by levy upon rateable property in the improvement area that is in a prescribed business property class; or

(b) by levy upon rateable property in the improvement area that is in a prescribed business property class and that, in council’s opinion, derives special benefit from the improvement area, which levy may be calculated using different percentages of the assessment for one or more separately assessed properties or categories of separately assessed properties in the prescribed class if the resulting levy is equitable in accordance with the benefits that, in council’s opinion, accrue to the properties from the activities related to the improvement area. 2001, c. 25, s. 208 (2).

Minimum and maximum charges

(3)  The municipality may establish a minimum or maximum charge or both, expressed for one or more separately assessed properties or categories of separately assessed properties in a prescribed class, as,

(a) percentages of the assessed value of rateable property in the improvement area that is in a prescribed business property class;

(b) dollar amounts; or

(c) percentages of the board of management’s annual budget. 2001, c. 25, s. 208 (3).

Effect of by-law

(4)  When a by-law under subsection (3) is in force,

(a) the amount of a charge levied in a year under subsection (2) shall not, when calculated for the individual property in the prescribed class to which it applies, be less than or greater than the amount of the applicable minimum and maximum charge for the property established under the by-law; and

(b) if necessary for a fiscal year to raise the amount referred to in subsection (1) because a minimum or maximum charge applies to one or more separately assessed properties or categories of separately assessed properties in the prescribed class, the municipality shall for the year adjust any charges applicable to the remaining individual properties or subclasses of properties in the prescribed class by adjusting the percentage or percentages of assessment established under subsection (2) for those properties. 2001, c. 25, s. 208 (4).

Exclusion

(5)  Section 210 does not apply to an adjustment made under clause (4) (b). 2001, c. 25, s. 208 (5).

Borrowings

(6)  If only a part of money borrowed by the municipality in any year for the purposes of a board of management is required to be repaid in that year or a subsequent year, only that part and any interest payable on the total amount shall be included in the levies under this section in that year or subsequent year, respectively. 2001, c. 25, s. 208 (6).

Priority lien status

(7)  Charges levied under this section shall have priority lien status and shall be added to the tax roll. 2002, c. 17, Sched. A, s. 42.

209 The municipality may alter the boundaries of an improvement area and the board of management for that improvement area is continued as the board of management for the altered area. 2001, c. 25, s. 209.

210 (1)  Before passing a by-law under subsection 204 (1), clause 208 (2) (b), subsection 208 (3) or section 209, notice of the proposed by-law shall be sent by prepaid mail to the board of management of the improvement area, if any, and to every person who, on the last returned assessment roll, is assessed for rateable property that is in a prescribed business property class which is located,

(a) where the improvement area already exists, in the improvement area and in any geographic area the proposed by-law would add to the improvement area; and

(b) where a new improvement area would be created by the proposed by-law, in the proposed improvement area. 2001, c. 25, s. 210 (1).

When notice received

(2)  A person who receives a notice under subsection (1) shall, within 30 days after the notice is mailed,

(a) give a copy of the notice to each tenant of the property to which the notice relates who is required to pay all or part of the taxes on the property; and

(b) give the clerk of the municipality a list of every tenant described in clause (a) and the share of the taxes that each tenant is required to pay and the share that the person is required to pay. 2001, c. 25, s. 210 (2).

Objections

(3)  A municipality shall not pass a by-law referred to in subsection (1) if,

(a) written objections are received by the clerk of the municipality within 60 days after the last day of mailing of the notices;

(b) the objections have been signed by at least one-third of the total number of persons entitled to notice under subsection (1) and under clause (2) (a); and

(c) the objectors are responsible for,

(i) in the case of a proposed addition to an existing improvement area,

(A) at least one-third of the taxes levied for purposes of the general local municipality levy on rateable property in all prescribed business property classes in the improvement area, or

(B) at least one-third of the taxes levied for purposes of the general local municipality levy on rateable property in all prescribed business property classes in the geographic area the proposed by-law would add to the existing improvement area, or

(ii) in all other cases, at least one-third of the taxes levied for purposes of the general local municipality levy on rateable property in all prescribed business property classes in the improvement area. 2001, c. 25, s. 210 (3).

Withdrawal of objections

(4)  If sufficient objections are withdrawn in writing within the 60-day period referred to in clause (3) (a) so that the conditions set out in clause (3) (b) or (c) no longer apply, the municipality may pass the by-law. 2001, c. 25, s. 210 (4).

Determination by clerk

(5)  The clerk shall determine whether the conditions set out in subsection (3) have been met and, if they are, shall issue a certificate affirming that fact. 2001, c. 25, s. 210 (5).

Determination final

(6)  The determination by the clerk is final. 2001, c. 25, s. 210 (6).

211 (1)  Council shall give notice in accordance with subsection 210 (1) of a proposed by-law to repeal a by-law under subsection 204 (1) if the municipality has received,

(a) a resolution from the board of management requesting the repeal; or

(b) a request for the repeal signed by persons who are responsible for at least one-third of the taxes levied for purposes of the general local municipality levy on rateable property in all prescribed business property classes in the improvement area. 2001, c. 25, s. 211 (1).

Statement

(2)  A person signing a request under clause (1) (b) shall state what amount of taxes on rateable property in the area that the person is required to pay. 2001, c. 25, s. 211 (2).

Time

(3)  Council shall give the notice within 60 days after receiving the resolution or request. 2001, c. 25, s. 211 (3).

Repeal

(4)  Council shall repeal the by-law under subsection 204 (1) if requests for the repeal are received by the clerk of the municipality within 60 days after the last day of mailing of the notices and,

(a) the requests have been signed by at least one-half of the total number of persons entitled to notice under subsection 210 (1) and under clause 210 (2) (a); and

(b) those who have signed the requests are responsible for at least 50 per cent of the taxes levied for purposes of the general local municipality levy on rateable property in all prescribed business property classes in the improvement area. 2001, c. 25, s. 211 (4).

Timing

(5)  The repealing by-law must come into force on or before December 31 of the year in which it is passed. 2001, c. 25, s. 211 (5).

Requests withdrawn

(6)  If sufficient requests are withdrawn in writing within the 60-day period referred to in subsection (4) so that either condition set out in that subsection no longer applies, the municipality is not required to repeal the by-law. 2001, c. 25, s. 211 (6).

Determination by clerk

(7)  The clerk shall determine whether the conditions set out in clause (1) (b) and subsection (4) have been met and, if so, shall issue a certificate affirming that fact. 2001, c. 25, s. 211 (7).

Determination final

(8)  The determination by the clerk is final. 2001, c. 25, s. 211 (8).

Restriction

(9)  If the conditions of subsection (4) are not satisfied, council is not required to give notice under subsection (1) in response to a resolution or request for a period of two years after the last mailing of the notices. 2001, c. 25, s. 211 (9).

Non-application

(10)  No requirement under this section or under section 210 applies to the repeal by a municipality on its own initiative of a by-law under subsection 204 (1). 2001, c. 25, s. 211 (10).

212 A by-law passed under subsection 204 (1), subsection 208 (2) or (3), section 209 or subsection 211 (4) is not invalid by reason only that,

(a) a person required to give a copy of a notice to a tenant or other information to the municipality under subsection 210 (2) has not done so;

(b) the objections referred to in clause 210 (3) (b) have not been signed by at least one-third of the total number of persons entitled to receive notice under subsections 210 (1) and (2) because a person required to give a copy of the notice under subsection 210 (2) has not done so; or

(c) the requests referred to in clause 211 (4) (a) have not been signed by at least one-half of the total number of persons entitled to notice under subsections 210 (1) and (2) because a person required to give a copy of the notice under subsection 210 (2) has not done so. 2001, c. 25, s. 212.

213 For the purposes of clauses 210 (3) (c) and 211 (1) (b), subsection 211 (2) and clause 211 (4) (b), a tenant shall be deemed to be responsible for the part of the taxes that the tenant is required to pay under the tenant’s lease or under sections 367 and 368. 2001, c. 25, s. 213.

214 (1)  Upon the repeal of a by-law under subsection 204 (1), the board of management is dissolved and the assets and liabilities of the board become the assets and liabilities of the municipality. 2001, c. 25, s. 214 (1).

Liabilities exceed assets

(2)  If the liabilities assumed under subsection (1) exceed the assets assumed, the council may recover the difference by imposing a charge on all rateable property in the former improvement area that is in a prescribed business property class. 2001, c. 25, s. 214 (2).

215 The Minister may make regulations prescribing one or more classes of real property prescribed under the Assessment Act as business property classes for the purposes of sections 204 to 214. 2001, c. 25, s. 215.

216 (1)  Without limiting sections 9, 10 and 11, those sections authorize a municipality to dissolve or change a local board. 2006, c. 32, Sched. A, s. 90.

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 this section and sections 194 to 202, or in the event of a conflict with a regulation made under any other Act, the by-law prevails. 2006, c. 32, Sched. A, s. 90.

Restriction

(3)  Despite subsection (1), a municipality shall not, in accordance with subsection (1), dissolve or change a local board that 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;

(c.1) REPEALED: 2017, c. 10, Sched. 1, s. 13 (1).

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

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

(f) a corporation established in accordance with section 203;

(g) such other local boards as may be prescribed. 2006, c. 32, Sched. A, ss. 90, 91 (2); 2007, c. 8, s. 218 (4); 2017, c. 10, Sched. 1, s. 13 (1); 2017, c. 14, Sched. 4, s. 23 (2); 2019, c. 1, Sched. 4, s. 33 (6); 2021, c. 39, Sched. 2, s. 16 (3).

Restriction re appeal body under Planning Act

(3.1)  Despite subsection (1), a municipality shall not, in accordance with that subsection, dissolve an appeal body established under section 8.1 of the Planning Act. 2017, c. 10, Sched. 1, s. 13 (2).

Exception, City of Greater Sudbury

(4)  Despite subsection (3), the City of Greater Sudbury may, in accordance with subsection (1), change the number of members it appoints as its representatives on the board of health of the Sudbury and District Health Unit, subject to the following rules:

1. The number shall not be smaller than two or larger than seven.

2. At least one of the members shall also be a member of the council of the City.

3. At least one of the members shall not be a member of the council of the City. 2006, c. 32, Sched. A, s. 90.

Scope of power to change a local board

(5)  Without limiting sections 9, 10 and 11, the power of a municipality 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 196 (1), subject to the restrictions set out in section 196;

(b) the assumption of a power or duty of the board, but if the power or duty was delegated to the board by the municipality, the municipality 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. 32, Sched. A, s. 90.

Dissolution, etc., of joint board

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

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

(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. 32, Sched. A, s. 90.

Regulations

(7)  For the purposes of this section, the Minister may, despite any Act, make regulations,

(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 municipality specified in the regulation;

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

(d) imposing conditions and limitations on the powers of a municipality under this section;

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

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

(g) providing for matters that, in the opinion of the Minister, are necessary or desirable to allow the council of a municipality 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 council of a municipality 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 a municipality or local board pay money to each other or to another municipality or local board;

(k) providing for transitional matters related to a dissolution of or change to a local board under this section. 2006, c. 32, Sched. A, s. 90.

217 (1)  Without limiting sections 9, 10 and 11, those sections authorize a local municipality to change the composition of its council subject to the following rules:

1. There shall be a minimum of five members, one of whom shall be the head of council.

2. The members of council shall be elected in accordance with the Municipal Elections Act, 1996.

3. The head of council shall be elected by general vote.

4. The members, other than the head of council, shall be elected by general vote or wards or by any combination of general vote and wards.

5. The representation of a local municipality on the council of an upper-tier municipality shall not be affected by the by-law of the local municipality under this section. 2001, c. 25, s. 217 (1); 2006, c. 32, Sched. A, s. 92 (1).

(2)  REPEALED: 2006, c. 32, Sched. A, s. 92 (2).

Coming into force

(3)  A by-law described in this section does not come into force until the day the new council is organized,

(a) after the first regular election following the passing of the by-law; or

(b) if the by-law is passed in the year of a regular election before voting day, after the second regular election following the passing of the by-law. 2001, c. 25, s. 217 (3); 2006, c. 32, Sched. A, s. 92 (3).

Election

(4)  The regular election held immediately before the coming into force of a by-law described in this section shall be conducted as if the by-law was already in force. 2001, c. 25, s. 217 (4); 2006, c. 32, Sched. A, s. 92 (4).

Term unaffected

(5)  Nothing in this section authorizes a change in the term of office of a member of council. 2001, c. 25, s. 217 (5).

218 (1)  Without limiting sections 9, 10 and 11, those sections authorize an upper-tier municipality to change the composition of its council subject to the following rules:

1. There shall be a minimum of five members, one of whom shall be the head of council.

2. The head of council shall be elected by general vote, in accordance with the Municipal Elections Act, 1996, or shall be appointed by the members of council.

2.1 REPEALED: 2018, c. 11, Sched. 2, s. 1 (2).

3. The members of council, except the head of council, shall be elected in accordance with the Municipal Elections Act, 1996 to the upper-tier council or to the council of one of its lower-tier municipalities.

4. The head of council shall be qualified to be elected as a member of council of the upper-tier municipality.

5. If the members of council are directly elected to the upper-tier council and not to the council of a lower-tier municipality, the members shall be elected by general vote or wards or by any combination of general vote and wards.

6. Each lower-tier municipality shall be represented on the upper-tier council. 2001, c. 25, s. 218 (1); 2006, c. 32, Sched. A, s. 93 (1); 2016, c. 37, Sched. 15, s. 1; 2018, c. 11, Sched. 2, s. 1.

Types of changes

(2)  Without limiting sections 9, 10 and 11, the power to change the composition of council includes the power to,

(a) change the number of members of its council that represent one or more of its lower-tier municipalities;

(b) change the method of selecting members of the council, including having members directly elected to the upper-tier council and not to the council of a lower-tier municipality, members elected to serve on both the upper-tier and lower-tier councils or members elected to the lower-tier councils and appointed to the upper-tier council by the lower-tier municipalities, or a combination of methods of election;

(c) have a member representing more than one lower-tier municipality;

(d) require that if a member of council is appointed by the members of council as the head of the upper-tier council, the member is no longer entitled to hold office on the council of a lower-tier municipality or any other office on the council of the upper-tier municipality or both; and

(e) require that if a member of council is appointed by the members of council as the head of the upper-tier council, the appointed member must hold office on the council of a lower-tier municipality. 2001, c. 25, s. 218 (2); 2006, c. 32, Sched. A, s. 93 (2); 2017, c. 10, Sched. 1, s. 14 (1).

Number of votes

(3)  Without limiting sections 9, 10 and 11, those sections authorize an upper-tier municipality to change the number of votes given to any member but each member shall have at least one vote. 2006, c. 32, Sched. A, s. 93 (3).

Term of office

(4)  Without limiting sections 9, 10 and 11, those sections authorize an upper-tier municipality to change the term of office of an appointed head of council so long as the new term does not extend beyond the term of council. 2006, c. 32, Sched. A, s. 93 (3).

Term unaffected

(5)  Except as provided in subsection (4), nothing in this section authorizes an upper-tier municipality to change the term of office of a member of council. 2017, c. 10, Sched. 1, s. 14 (2).

Reviews by regional municipalities

(6)  Following the regular election in 2026 and following every second regular election after that, every regional municipality, other than The Regional Municipality of Niagara, shall review, for each of its lower-tier municipalities, the number of members of its council that represent the lower-tier municipality. 2017, c. 10, Sched. 1, s. 14 (2); 2026, c. 3, Sched. 1, s. 1 (1).

Same, The Regional Municipality of Niagara

(6.1)  Following the regular election in 2034 and following every second regular election after that, The Regional Municipality of Niagara shall review, for each of its lower-tier municipalities, the number of members of its council that represent the lower-tier municipality. 2026, c. 3, Sched. 1, s. 1 (2).

Regulations

(7)  The Minister may make a regulation changing the composition of a council of a regional municipality if the regional municipality does not, in the period of time that starts on the day the new council is organized following a regular election referred to in subsection (6) or (6.1), as the case may be, and ends on the day two years after that day, either,

(a) pass a by-law to change, for one or more of its lower-tier municipalities, the number of the members of its council that represent the lower-tier municipality; or

(b) pass a resolution to affirm, for each of its lower-tier municipalities, the number of the members of its council that represent the lower-tier municipality. 2017, c. 10, Sched. 1, s. 14 (2); 2026, c. 3, Sched. 1, s. 1 (3).

When regulation may be made

(8)  The Minister may make a regulation under subsection (7) only after the period of time referred to in that subsection but before the year of the next regular election after which the regional municipality has a duty to conduct a review under subsection (6) or (6.1). 2017, c. 10, Sched. 1, s. 14 (2) ; 2026, c. 3, Sched. 1, s. 1 (4).

What regulation may include

(9)  A regulation made under subsection (7) may include anything that could be included in a by-law of the upper-tier municipality under subsections (1) to (5) and is subject to the limitations set out in those subsections. 2017, c. 10, Sched. 1, s. 14 (2).

What Minister shall have regard to

(10)  When considering whether to make a regulation under subsection (7), the Minister shall, in addition to anything else the Minister wishes to consider, have regard to the principle of representation by population. 2017, c. 10, Sched. 1, s. 14 (2).

(11)  REPEALED: 2026, c. 3, Sched. 1, s. 1 (5).

218.0.1  (1)  The Minister may make regulations governing the votes of the members of council of an upper-tier municipality, including,

(a) prescribing the number of votes given to each member, provided that each member has at least one vote;

(b) prescribing rules for when the number of votes given to any member is more than one vote;

(c) prescribing matters or questions for which the number of votes given to any member is more than one vote;

(d) prescribing periods of time for which the regulations made under this section apply. 2026, c. 3, Sched. 1, s. 2.

Limitation

(2)  A regulation made under subsection (1) shall not apply in respect of a term of office before the regular election in 2026. 2026, c. 3, Sched. 1, s. 2.

218.1  (1)  The head of council of each of the municipalities set out in subsection (2) shall be appointed in accordance with the following rules:

1. The Minister may, by order, appoint a head of council following the regular election in 2026 and every subsequent regular election.

2. At the first meeting of a new council of a municipality following the regular election in 2026 and every subsequent regular election, the head of the council shall be appointed by the members of the council, unless the Minister has appointed a head of council under paragraph 1.

3. The Minister may, by order, remove a head of council appointed by the Minister or by the council and, if the Minister does so, may, by order, appoint a new head of council.

4. The following rules apply if a vacancy in the head of council position occurs:

i. The Minister may, by order, appoint a head of council to fill the vacancy.

ii. A head of council shall be appointed by the members of council within 60 days after the day a declaration of vacancy is made with respect to the vacancy under section 262, unless the Minister has appointed a head of council under subparagraph i.

iii. For clarity, if the Minister appoints a head of council under subparagraph i before the council declares the head of council’s seat vacant under section 262, the council is not required to declare the head of council’s seat vacant under that section. 2026, c. 3, Sched. 1, s. 3.

Municipalities

(2)  For the purposes of subsection (1), the municipalities are as follows:

1. The Regional Municipality of Durham.

2. The Regional Municipality of Halton.

3. The District Municipality of Muskoka.

4. The Regional Municipality of Niagara.

5. The Regional Municipality of Peel.

6. The County of Simcoe.

7. The Regional Municipality of Waterloo.

8. The Regional Municipality of York. 2026, c. 3, Sched. 1, s. 3.

Effect of order

(3)  An order made by the Minister under subsection (1) takes effect on the date and at the time specified in the order. 2026, c. 3, Sched. 1, s. 3.

Notice of order

(4)  If the Minister makes an order under subsection (1), the Minister shall,

(a) publish the order in The Ontario Gazette; and

(b) as soon as possible after the order is made, provide a copy of the order to the municipality to which it relates. 2026, c. 3, Sched. 1, s. 3.

Deemed to be member of council

(5)  A person appointed by the Minister or by members of council under subsection (1) to be the head of council is deemed to also be a member of council. 2026, c. 3, Sched. 1, s. 3.

Conduct of 2026 regular election

(6)  The regular election in 2026 shall be conducted as if the method of selecting the head of council described in this section were already in effect. 2026, c. 3, Sched. 1, s. 3.

Regulations

(7)  The Minister may make regulations that, in the opinion of the Minister, are necessary or desirable for implementing the purposes of this section and, without restricting the generality of the foregoing, the Minister may make regulations,

(a) governing the appointment of a head of council under subsection (1), including,

(i) prescribing rules to facilitate the transition of the head of council appointed under subsection (1),

(ii) prescribing powers and duties of the head of council appointed under subsection (1);

(b) providing for modifications to this Act, any other Act or the regulations made under any Act. 2026, c. 3, Sched. 1, s. 3.

Retroactivity

(8)  A regulation made under subsection (7) is, if it so provides, effective with reference to a period before it was filed. 2026, c. 3, Sched. 1, s. 3.

Conflict

(9)  In the event of a conflict between a regulation made under subsection (7) and a provision of this Act or of any other Act or regulation, the regulation made under subsection (7) prevails. 2026, c. 3, Sched. 1, s. 3.

218.2  (1)  Beginning with the term of office following the regular election in 2026, the council for the County of Simcoe shall be composed of,

(a) the head of council appointed under section 218.1; and

(b) sixteen other members, consisting of the head of council of each lower-tier municipality in the County of Simcoe. 2026, c. 3, Sched. 1, s. 4.

Power to change council composition

(2)  Nothing in this section limits the power of the County of Simcoe to change its council composition under section 218 for any regular election after 2026. 2026, c. 3, Sched. 1, s. 4.

Conduct of 2026 regular election

(3)  The regular election in 2026 shall be conducted as if the composition of the council of the County of Simcoe, as described in subsection (1), were already in effect. 2026, c. 3, Sched. 1, s. 4.

Regulations

(4)  The Minister may make regulations that, in the opinion of the Minister, are necessary or desirable for implementing the purposes of this section, and without restricting the generality of the foregoing, the Minister may make regulations,

(a) governing the composition of the council of the County of Simcoe for the purposes of this section, including prescribing rules to facilitate the transition to the new council composition;

(b) providing for modifications to this Act, the Municipal Elections Act, 1996 or the regulations made under those Acts. 2026, c. 3, Sched. 1, s. 4.

Retroactivity

(5)  A regulation made under subsection (4) is, if it so provides, effective with reference to a period before it was filed. 2026, c. 3, Sched. 1, s. 4.

Conflicts

(6)  In the event of a conflict between a regulation under subsection (4) and a provision of this Act or another Act or regulation, the regulation made under subsection (4) prevails. 2026, c. 3, Sched. 1, s. 4.

218.2.1  (1)  Beginning with the term of office following the regular election in 2026, the council for The Regional Municipality of Niagara shall be composed of,

(a) the head of council appointed under section 218.1; and

(b) twelve other members, consisting of the head of council of each lower-tier municipality in The Regional Municipality of Niagara. 2026, c. 3, Sched. 1, s. 4.

Power to change council composition

(2)  Nothing in this section limits the power of The Regional Municipality of Niagara to change its council composition under section 218 for any regular election after 2026. 2026, c. 3, Sched. 1, s. 4.

Conduct of 2026 regular election

(3)  The regular election in 2026 shall be conducted as if the composition of the council of The Regional Municipality of Niagara, as described in subsection (1), were already in effect. 2026, c. 3, Sched. 1, s. 4.

Regulations

(4)  The Minister may make regulations that, in the opinion of the Minister, are necessary or desirable for implementing the purposes of this section, and without restricting the generality of the foregoing, the Minister may make regulations,

(a) governing the composition of the council of The Regional Municipality of Niagara for the purposes of this section, including prescribing rules to facilitate the transition to the new council composition;

(b) providing for modifications to this Act, the Municipal Elections Act, 1996 or the regulations made under those Acts. 2026, c. 3, Sched. 1, s. 4.

Retroactivity

(5)  A regulation made under subsection (4) is, if it so provides, effective with reference to a period before it was filed. 2026, c. 3, Sched. 1, s. 4.

Conflicts

(6)  In the event of a conflict between a regulation under subsection (4) and a provision of this Act or another Act or regulation, the regulation made under subsection (4) prevails. 2026, c. 3, Sched. 1, s. 4.

218.2.2  (1)  For the term of office beginning in 2026, the Minister may make regulations prescribing the composition of council of the City of Thorold, the City of Port Colborne and the Town of Niagara-on-the-Lake, including regulations,

(a) specifying the number of members of the council of the lower-tier municipality;

(b) establishing, altering or dissolving wards of the lower-tier municipality;

(c) specifying whether the members shall be elected by general vote or by wards or by any combination of general vote and wards, except that the head of council shall be elected by general vote;

(d) specifying that the regular election in 2026 shall be conducted as if the composition and wards set out in the regulation were already in effect;

(e) providing for modifications to this Act, the Municipal Elections Act, 1996 or the regulations made under those Acts that, in the opinion of the Minister, are necessary or desirable for implementing the purposes of this section;

(f) prescribing rules to facilitate the transition to the new council composition. 2026, c. 3, Sched. 1, s. 4.

Retroactivity

(2)  A regulation made under subsection (1) is, if it so provides, effective with reference to a period before it was filed. 2026, c. 3, Sched. 1, s. 4.

Conflicts

(3)  In the event of a conflict between a regulation under subsection (1) and a provision of this Act or another Act or regulation, the regulation made under subsection (1) prevails. 2026, c. 3, Sched. 1, s. 4.

218.3  (1)  For the term of office beginning in 2022, the Minister may, by order, appoint and fix the duration of the term of the head of council of the following municipalities:

1. The Regional Municipality of Niagara.

2. The Regional Municipality of Peel.

3. The Regional Municipality of York. 2022, c. 24, Sched. 3, s. 1.

Effect of order

(2)  An order made under subsection (1) takes effect on the date and at the time specified in the order. 2022, c. 24, Sched. 3, s. 1.

Previous appointment ceases to have effect

(3)  If the Minister makes an order appointing a head of council under subsection (1) and, on the day the order takes effect, a head of council has been appointed by the members of council, the appointment by the members of the council ceases to have effect as of that day. 2022, c. 24, Sched. 3, s. 1.

Deemed to be member of council

(4)  A person appointed by the Minister under subsection (1) to be the head of council is deemed to also be a member of council. 2022, c. 24, Sched. 3, s. 1.

218.4  If the Minister makes an order under subsection 218.3 (1), the Minister shall,

(a) publish the order in The Ontario Gazette; and

(b) as soon as possible after the order is made, provide a copy of the order to the municipality to which it relates. 2022, c. 24, Sched. 3, s. 1.

218.5  (1)  The Minister may make regulations,

(a) governing the appointment of a head of council under subsection 218.3 (1), including,

(i) prescribing rules to facilitate the transition of the head of council appointed under subsection 218.3 (1);

(ii) prescribing powers and duties of the head of council appointed under subsection 218.3 (1);

(b) providing for modifications to this Act, the Municipal Conflict of Interest Act or the Municipal Elections Act, 1996, or the regulations made under any of those Acts, as are necessary or desirable for the implementation of section 218.3 of this Act or any regulations made under clause (a) of this subsection. 2022, c. 24, Sched. 3, s. 1; 2026, c. 3, Sched. 1, s. 6 (1).

Retroactivity

(2)  A regulation made under subsection (1) is, if it so provides, effective with reference to a period before it was filed, but not earlier than six months before the date the regulation was made. 2022, c. 24, Sched. 3, s. 1.

Conflict, regulation made under cl. (1) (b)

(3)  A regulation made under clause (1) (b) prevails to the extent of a conflict between a provision of the regulation and any provision of,

(a) this Act or a regulation made under it; or

(b) the Municipal Conflict of Interest Act or the Municipal Elections Act, 1996 or of a regulation made under those Acts. 2022, c. 24, Sched. 3, s. 1.

Same

(4)  The conflict provision in subsection (3) prevails over any other conflict provision in the this Act, the Municipal Conflict of Interest Act or the Municipal Elections Act, 1996. 2022, c. 24, Sched. 3, s. 1.

218.6  Nothing in section 218.3 limits the power of a municipality referred to in subsection 218.3 (1) to change the method of selecting its head of council under section 218 for any regular election after 2022. 2022, c. 24, Sched. 3, s. 1.

Note: On November 15, 2026, section 218.6 of the Act is repealed. (See: 2026, c. 3, Sched. 1, s. 7)

219 (1)  Before passing a by-law described in section 218 or a resolution described in clause 218 (7) (b), the municipality shall give notice of its intention to pass the by-law or resolution and shall hold at least one public meeting to consider the matter. 2017, c. 10, Sched. 1, s. 15.

Validity

(2)  A by-law described in section 218 making changes described in clauses 218 (2) (a), (b) and (c) or in subsection 218 (3) or a resolution described in clause 218 (7) (b) is not valid unless,

(a) a majority of all votes on the upper-tier council are cast in favour of the by-law or the resolution;

(b) a majority of the councils of all lower-tier municipalities forming part of the upper-tier municipality have passed resolutions consenting to the by-law or the resolution; and

(c) the total number of electors in the lower-tier municipalities that have passed resolutions consenting to the by-law or the resolution form a majority of all the electors in the upper-tier municipality. 2017, c. 10, Sched. 1, s. 15.

Commencement

(3)  A by-law described in section 218 does not come into force until the day the new council is organized following,

(a) the first regular election following the passing of the by-law; or

(b) if the by-law is passed in the year of a regular election before voting day, the second regular election following the passing of the by-law. 2017, c. 10, Sched. 1, s. 15.

Election

(4)  The regular election held immediately before the coming into force of a by-law described in section 218 shall be conducted as if the by-law was already in force. 2017, c. 10, Sched. 1, s. 15.

Definition

(5)  In this section,

“elector” means a person whose name appears on the voters’ list, as amended up until the close of voting on voting day, for the last regular election preceding the coming into force of a by-law described in section 218. 2017, c. 10, Sched. 1, s. 15.

219.1  (1)  A regulation made under subsection 218 (7) does not begin to apply until the day the new council is organized following,

(a) the first regular election following the making of the regulation; or

(b) if the regulation is made in the year of a regular election before voting day, the second regular election following the making of the regulation. 2017, c. 10, Sched. 1, s. 15.

Election

(2)  The regular election held immediately before a regulation made under subsection 218 (7) begins to apply shall be conducted as if the regulation already applied. 2017, c. 10, Sched. 1, s. 15.

219.2  If a regulation has been made under subsection 218 (7), the regional municipality that the regulation applies to shall not pass a by-law described in section 218 until after the day the regulation begins to apply. 2017, c. 10, Sched. 1, s. 15.

219.3  In the event of a conflict between a regulation made under subsection 218 (7) and a by-law described in section 218 that comes into force on a day after the day the regulation begins to apply, the by-law prevails. 2017, c. 10, Sched. 1, s. 15.

220 Without limiting sections 9, 10 and 11, those sections authorize a municipality to change the titles for its head of council and other members of its council. 2006, c. 32, Sched. A, s. 95.

221 (1)  In the event of a conflict between section 217, 218, 218.1, 218.2, 218.2.1, 218.2.2, 218.3 or 220 or a by-law described in those sections and any other Act in respect of the composition of a council, the term of office of the head of the upper-tier council, the number of votes given to each member, the method of selecting the head of council of a regional municipality or the titles of members, section 217, 218, 218.1, 218.2, 218.2.1, 218.2.2, 218.3 or 220 or a by-law described in those sections prevails. 2016, c. 37, Sched. 15, s. 3; 2022, c. 24, Sched. 3, s. 2; 2026, c. 3, Sched. 1, s. 8 (1).

Note: On November 15, 2026, subsection 221 (1) of the Act is amended by striking out “217, 218, 218.1, 218.2, 218.2.1, 218.2.2, 218.3 or 220” and substituting “217, 218, 218.1, 218.2, 218.2.1, 218.2.2 or 220”. (See: 2026, c. 3, Sched. 1, s. 8 (2))

Same, regulations under s. 218 (7) or 218.0.1 (1)

(2)  In the event of a conflict between a regulation made under subsection 218 (7) or 218.0.1 (1) and any other Act in respect of the composition of a council, the term of office of the head of an upper-tier council or the number of votes given to each member, the regulation made under subsection 218 (7) or 218.0.1 (1) prevails. 2017, c. 10, Sched. 1, s. 16; 2026, c. 3, Sched. 1, s. 8 (3).

222 (1)  Without limiting sections 9, 10 and 11, those sections authorize a municipality to divide or redivide the municipality into wards or to dissolve the existing wards. 2006, c. 32, Sched. A, s. 96 (1).

Conflict

(2)  In the event of a conflict between a by-law described in subsection (1) and any provision of this Act, other than this section or section 223, any provision of any other Act or a regulation made under any other Act, the by-law prevails. 2006, c. 32, Sched. A, s. 96 (1).

Notice

(3)  Within 15 days after a by-law described in subsection (1) is passed, the municipality shall give notice of the passing of the by-law to the public specifying the last date for filing a notice of appeal under subsection (4). 2006, c. 32, Sched. A, s. 96 (1).

Appeal

(4)  Within 45 days after a by-law described in subsection (1) is passed, the Minister or any other person or agency may appeal to the Ontario Land Tribunal by filing a notice of appeal with the municipality setting out the objections to the by-law and the reasons in support of the objections. 2006, c. 32, Sched. A, s. 96 (1); 2017, c. 23, Sched. 5, s. 49 (1); 2021, c. 4, Sched. 6, s. 64 (1).

Notices forwarded to Board

(5)  Within 15 days after the last day for filing a notice of appeal under subsection (4), the municipality shall forward any notices of appeal to the Tribunal. 2001, c. 25, s. 222 (5); 2017, c. 23, Sched. 5, s. 49 (2).

Other material

(6)  The municipality shall provide any other information or material that the Tribunal requires in connection with the appeal. 2001, c. 25, s. 222 (6); 2017, c. 23, Sched. 5, s. 49 (3).

Tribunal decision

(7)  The Tribunal shall hear the appeal and may, despite any Act, make an order affirming, amending or repealing the by-law. 2001, c. 25, s. 222 (7); 2017, c. 23, Sched. 5, s. 49 (4).

Coming into force of by-law

(8)  A by-law of a municipality described in this section comes into force on the day the new council of the municipality is organized following,

(a) the first regular election after the by-law is passed if the by-law is passed before January 1 in the year of the regular election and,

(i) no notices of appeal are filed,

(ii) notices of appeal are filed and are all withdrawn before January 1 in the year of the election, or

(iii) notices of appeal are filed and the Tribunal issues an order to affirm or amend the by-law before January 1 in the year of the election; or

(b) the second regular election after the by-law is passed, in all other cases except where the by-law is repealed by the Tribunal. 2001, c. 25, s. 222 (8); 2006, c. 32, Sched. A, s. 96 (2); 2017, c. 23, Sched. 5, s. 49 (5).

Election

(9)  Despite subsection (8), where a by-law comes into force on the day the new council of a municipality is organized following a regular election, that election shall be conducted as if the by-law was already in force. 2001, c. 25, s. 222 (9).

Notice to assessment corporation

(9.1)  When a by-law described in this section is passed, the clerk of the municipality shall notify the assessment corporation and the Chief Electoral Officer,

(a) before January 1 in the year of the first regular election after the by-law is passed, if clause (8) (a) applies;

(b) before January 1 in the year of the second regular election after the by-law is passed, if clause (8) (b) applies. 2009, c. 33, Sched. 21, s. 6 (10); 2020, c. 23, Sched. 4, s. 16.

(10)  REPEALED: 2017, c. 10, Sched. 1, s. 17.

223 (1)  Electors in a municipality may present a petition to the council asking the council to pass a by-law dividing or redividing the municipality into wards or dissolving the existing wards. 2001, c. 25, s. 223 (1); 2006, c. 32, Sched. A, s. 97 (1).

Number of electors required

(2)  The petition requires the signatures of 1 per cent of the electors in the municipality or 500 of the electors in the municipality, whichever is less, but, in any event, a minimum of 50 signatures of the electors in the municipality is required. 2001, c. 25, s. 223 (2).

Definition

(3)  In this section,

“elector” means a person whose name appears on the voters’ list, as amended up until the close of voting on voting day, for the last regular election preceding a petition being presented to council under subsection (1). 2001, c. 25, s. 223 (3).

Failure to act

(4)  If the council does not pass a by-law in accordance with the petition within 90 days after receiving the petition, any of the electors who signed the petition may apply to the Ontario Land Tribunal to have the municipality divided or redivided into wards or to have the existing wards dissolved. 2001, c. 25, s. 223 (4); 2006, c. 32, Sched. A, s. 97 (2); 2017, c. 23, Sched. 5, s. 50 (1); 2021, c. 4, Sched. 6, s. 64 (1).

Order

(5)  The Tribunal shall hear the application and may, despite any Act, make an order dividing or redividing the municipality into wards or dissolving the existing wards and subsection 222 (6) applies with necessary modifications in respect to the hearing. 2001, c. 25, s. 223 (5); 2017, c. 23, Sched. 5, s. 50 (2).

Coming into force

(6)  An order of the Tribunal under this section comes into force on the day the new council of the municipality is organized following,

(a) the first regular election after the order is made, if the order is made before January 1 in the year of the regular election; or

(b) the second regular election after the order is made, if the order is made on or after January 1 in the year of a regular election but before voting day. 2001, c. 25, s. 223 (6); 2017, c. 23, Sched. 5, s. 50 (3).

Election

(7)  Despite subsection (6), if an order comes into force on the day the new council of a municipality is organized following a regular election, that election shall be conducted as if the order was already in force. 2001, c. 25, s. 223 (7).

Deemed by-law

(8)  Once an order of the Tribunal is in force, the order shall be deemed to be a by-law of the municipality and may be amended or repealed by the municipality by by-law described in section 222. 2001, c. 25, s. 223 (8); 2006, c. 32, Sched. A, s. 97 (3); 2017, c. 23, Sched. 5, s. 50 (4).

224 It is the role of council,

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

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

(c) to determine which services the municipality 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;

(d.1) to ensure the accountability and transparency of the operations of the municipality, including the activities of the senior management of the municipality;

(e) to maintain the financial integrity of the municipality; and

(f) to carry out the duties of council under this or any other Act. 2001, c. 25, s. 224; 2006, c. 32, Sched. A, s. 99.

225 It is the role of the head of council,

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

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

(c) to provide leadership to the council;

(c.1) without limiting clause (c), to provide information and recommendations to the council with respect to the role of council described in clauses 224 (d) and (d.1);

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

(e) to carry out the duties of the head of council under this or any other Act. 2001, c. 25, s. 225; 2006, c. 32, Sched. A, s. 100.

226 A municipality 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, other than on the council of another municipality, of which the head of council is a member by virtue of being head of council. 2001, c. 25, s. 226.

226.1  As chief executive officer of a municipality, the head of council shall,

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

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

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

(d) participate in and foster activities that enhance the economic, social and environmental well-being of the municipality and its residents. 2006, c. 32, Sched. A, s. 101.

227 It is the role of the officers and employees of the municipality,

(a) to implement council’s decisions and establish administrative practices and procedures to carry out council’s decisions;

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

(c) to carry out other duties required under this or any Act and other duties assigned by the municipality. 2001, c. 25, s. 227.

228 (1)  A municipality shall appoint a clerk whose duty it is,

(a) to record, without note or comment, all resolutions, decisions and other proceedings of the 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 the 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 municipality. 2001, c. 25, s. 228 (1).

Deputy clerks

(2)  A municipality may appoint deputy clerks who have all the powers and duties of the clerk under this and any other Act. 2001, c. 25, s. 228 (2).

Not required to be an employee

(3)  A clerk or deputy clerk is not required to be an employee of the municipality. 2001, c. 25, s. 228 (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. 2001, c. 25, s. 228 (4).

Clerk retains powers and duties

(5)  The clerk may continue to exercise the delegated powers and duties, despite the delegation. 2001, c. 25, s. 228 (5).

229 A municipality may appoint a chief administrative officer who shall be responsible for,

(a) exercising general control and management of the affairs of the municipality for the purpose of ensuring the efficient and effective operation of the municipality; and

(b) performing such other duties as are assigned by the municipality. 2001, c. 25, s. 229.

230 The first meeting of a new council of a municipality after a regular election and after a by-election under section 266 shall be held at the time set out in the municipality’s procedure by-law but in any case not later than 31 days after its term commences. 2001, c. 25, s. 230.

231 A new council of a municipality shall be deemed to be organized after a regular election or after a by-election under section 266 when the declarations of office under section 232 have been made by a sufficient number of members to form a quorum. 2001, c. 25, s. 231.

232 (1)  A person shall not take a seat on the council of a municipality, including a person appointed to fill a temporary vacancy on an upper-tier council under section 267 but not including a person appointed to act in place of a head of council under section 242, until the person takes the declaration of office in the English or French version of the form established by the Minister for that purpose. 2001, c. 25, s. 232 (1).

Separate declarations

(2)  Subsection (1) applies even if the person has already taken a declaration of office for another office on the same or a different council. 2001, c. 25, s. 232 (2).

Legislation Act, 2006

(2.1)  Part III (Regulations) of the Legislation Act, 2006 does not apply to a form established by the Minister under subsection (1). 2006, c. 21, Sched. F, s. 120 (3).

Membership on both councils

(3)  If a person is elected to the councils of both a lower-tier and an upper-tier municipality or is appointed by the council of a lower-tier municipality to the council of an upper-tier municipality, the clerk of the lower-tier municipality shall, immediately after the election or appointment, certify to the clerk of the upper-tier municipality the name of each person so elected or appointed. 2001, c. 25, s. 232 (3).

Restriction

(4)  A person elected or appointed under subsection (3) shall not take the seat on the council of the upper-tier municipality until the clerk of the upper-tier municipality has received the certificate under subsection (3) in respect of that person. 2001, c. 25, s. 232 (4).

Condition for conducting business

(5)  No business shall be conducted at the first meeting of a council until after the declarations of office have been made by all members who present themselves for that purpose. 2001, c. 25, s. 232 (5).

Deemed resignation

(6)  A person shall be deemed to have resigned from an office on the council of a municipality unless the person,

(a) in the case of a regular election or a by-election under section 266, takes the declaration of office with respect to that office on or before the day of the first council meeting of the new council; and

(b) in the case of a by-election or appointment, other than a by-election under section 266, to fill a vacancy on a council, takes the declaration of office with respect to that office on or before the day of the first council meeting after the person is declared to be elected or is appointed. 2001, c. 25, s. 232 (6).

Extension

(7)  Despite subsection (6), the council of a municipality may, before the deadline under subsection (6) has passed, extend the deadline by no more than 30 days. 2001, c. 25, s. 232 (7).

233 (1)  If the term of office of an appointed head of council of an upper-tier municipality is one year, the council of the upper-tier municipality shall, in each year of its term, appoint the head of council at its first meeting. 2001, c. 25, s. 233 (1).

Appointment of head, same term as council

(2)  If the term of office of an appointed head of council of an upper-tier municipality is the same as the term of council, the council of the upper-tier municipality shall, in the first year of its term, appoint the head of council at its first meeting. 2001, c. 25, s. 233 (2).

Restriction

(3)  No other business shall be conducted at a meeting under subsection (1) or (2) until the head of council is appointed. 2001, c. 25, s. 233 (3).

One vote

(4)  Even though a member of council may have more than one vote in other circumstances, the member only has one vote in the appointment of the head of council. 2001, c. 25, s. 233 (4).

Secret ballot

(5)  The head of council may be appointed by secret ballot. 2001, c. 25, s. 233 (5).

234 (1)  If a new council of a local municipality after a regular election is required to appoint a member of the new council of the upper-tier municipality, the local municipality shall do so at its first meeting in the first year of its term. 2001, c. 25, s. 234 (1).

Restriction

(2)  No other business shall be conducted at a meeting under subsection (1) until the member is appointed. 2001, c. 25, s. 234 (2).

235 (1)  The term of office of a person who becomes a member of the council of an upper-tier municipality under subsection 233 (2), section 234 or by virtue of holding an office on the council of a lower-tier municipality is four years beginning on November 15 in the year of a regular election. 2001, c. 25, s. 235 (1); 2006, c. 9, Sched. H, s. 5 (2); 2017, c. 10, Sched. 1, s. 24 (1).

Transition

(1.1)  Despite subsection (1), with respect to the 2018 regular election, the term of office of a person described in that subsection shall begin on December 1, 2018 and end on November 14, 2022. 2017, c. 10, Sched. 1, s. 24 (2).

Term, head of council

(2)  The term of office of a person appointed under subsection 233 (1) to fill the office of head of council of an upper-tier council for the fourth year of the term of office of the upper-tier council continues until the new council is organized following the next regular election. 2001, c. 25, s. 235 (2); 2006, c. 9, Sched. H, s. 5 (3).

236 (1)  The council of a municipality shall hold its meetings and keep its public offices within the municipality or an adjacent municipality at a place set out in the municipality’s procedure by-law; however, in the case of an emergency, it may hold its meetings and keep its public offices at any convenient location within or outside the municipality. 2001, c. 25, s. 236 (1).

Joint meetings

(2)  Despite subsection (1), a meeting of the councils of two or more municipalities for the consideration of matters of common interest may be held within any one of those municipalities or in a municipality adjacent to any of them. 2001, c. 25, s. 236 (2).

237 (1)  A majority of the members of a municipal council is necessary to form a quorum with the following exceptions:

1. In the upper-tier municipalities of Durham, Niagara and the County of Oxford, a majority of members representing at least one-half of the lower-tier municipalities is necessary to form a quorum.

2. In the upper-tier municipalities of Halton, York and The District Municipality of Muskoka, a majority of members representing a majority of the lower-tier municipalities is necessary to form a quorum.

3. In The Regional Municipality of Peel, a majority of members representing all lower-tier municipalities is necessary to form a quorum. 2001, c. 25, s. 237 (1); 2002, c. 17, Sched. A, s. 44 (1).

Variation

(2)  The council of a municipality referred to in paragraphs 1, 2 and 3 of subsection (1) may reduce its quorum requirement but may not reduce it to less than a majority of its members. 2001, c. 25, s. 237 (2).

Waterloo

(3)  The council of the upper-tier municipality of Waterloo may adopt a different quorum requirement that requires the attendance of more than a majority of its members. 2002, c. 17, Sched. A, s. 44 (2).

PROCEDURE BY-LAW

238 (1)  In this section and in sections 239 to 239.2,

“committee” means any advisory or other committee, subcommittee or similar entity of which at least 50 per cent of the members are also members of one or more councils or local boards; (“comité”)

“local board” does not include police service boards or public library boards; (“conseil local”)

“meeting” means any regular, special or other meeting of a council, of a local board or of a committee of either of them, where,

(a) a quorum of members is present, and

(b) members discuss or otherwise deal with any matter in a way that materially advances the business or decision-making of the council, local board or committee. (“réunion”) 2001, c. 25, s. 238 (1); 2006, c. 32, Sched. A, s. 102 (1, 2); 2017, c. 10, Sched. 1, s. 25 (1); 2019, c. 1, Sched. 4, s. 33 (8).

Procedure by-laws respecting meetings

(2)  Every municipality and local board shall pass a procedure by-law for governing the calling, place and proceedings of meetings. 2001, c. 25, s. 238 (2).

Notice

(2.1)  The procedure by-law shall provide for public notice of meetings. 2006, c. 32, Sched. A, s. 102 (3).

Outside municipality

(3)  The procedure by-law may provide that meetings be held and public offices be kept at a place outside the municipality within an adjacent municipality. 2001, c. 25, s. 238 (3).

Electronic participation

(3.1)  The applicable procedure by-law may provide that a member of council, of a local board or of a committee of either of them, can participate electronically in a meeting to the extent and in the manner set out in the by-law. 2020, c. 18, Sched. 12, s. 1 (1).

(3.2)  REPEALED: 2020, c. 18, Sched. 12, s. 1 (2).

Same

(3.3)  The applicable procedure by-law may provide that,

(a) a member of a council, of a local board or of a committee of either of them who is participating electronically in a meeting may be counted in determining whether or not a quorum of members is present at any point in time; and

(b) a member of a council, of a local board or of a committee of either of them can participate electronically in a meeting that is open or closed to the public. 2020, c. 18, Sched. 12, s. 1 (3).

Special meeting, amend procedure by-law re electronic participation

(3.4)  A municipality or local board may hold a special meeting to amend an applicable procedure by-law for the purposes of subsection (3.3). 2020, c. 18, Sched. 12, s. 1 (4).

Same, quorum

(3.5)  A member participating electronically in a special meeting described in subsection (3.4) may be counted in determining whether or not a quorum of members is present at any time during the meeting. 2020, c. 18, Sched. 12, s. 1 (4).

Presiding officer

(4)  The procedure by-law may, with the consent of the head of council, designate a member of council, other than the head of council, to preside at meetings of council. 2006, c. 32, Sched. A, s. 102 (4).

Secret ballot

(5)  A presiding officer may be designated by secret ballot. 2006, c. 32, Sched. A, s. 102 (4).

239 (1)  Except as provided in this section, all meetings shall be open to the public. 2001, c. 25, s. 239 (1).

Exceptions

(2)  A meeting or part of a meeting may be closed to the public if the subject matter being considered is,

(a) the security of the property of the municipality or local board;

(b) personal matters about an identifiable individual, including municipal or local board employees;

(c) a proposed or pending acquisition or disposition of land by the municipality or local board;

(d) labour relations or employee negotiations;

(e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board;

(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose;

(g) a matter in respect of which a council, board, committee or other body may hold a closed meeting under another Act;

(h) information explicitly supplied in confidence to the municipality or local board by Canada, a province or territory or a Crown agency of any of them;

(i) a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization;

(j) a trade secret or scientific, technical, commercial or financial information that belongs to the municipality or local board and has monetary value or potential monetary value; or

(k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board. 2001, c. 25, s. 239 (2); 2017, c. 10, Sched. 1, s. 26.

Other criteria

(3)  A meeting or part of a meeting shall be closed to the public if the subject matter being considered is,

(a) a request under the Municipal Freedom of Information and Protection of Privacy Act, if the council, board, commission or other body is the head of an institution for the purposes of that Act; or

(b) an ongoing investigation respecting the municipality, a local board or a municipally-controlled corporation by the Ombudsman appointed under the Ombudsman Act, an Ombudsman referred to in subsection 223.13 (1) of this Act, or the investigator referred to in subsection 239.2 (1). 2014, c. 13, Sched. 9, s. 22.

Educational or training sessions

(3.1)  A meeting of a council or local board or of a committee of either of them may be closed to the public if the following conditions are both satisfied:

1. The meeting is held for the purpose of educating or training the members.

2. At the meeting, no member discusses or otherwise deals with any matter in a way that materially advances the business or decision-making of the council, local board or committee. 2006, c. 32, Sched. A, s. 103 (1).

Resolution

(4)  Before holding a meeting or part of a meeting that is to be closed to the public, a municipality or local board or committee of either of them shall state by resolution,

(a) the fact of the holding of the closed meeting and the general nature of the matter to be considered at the closed meeting; or

(b) in the case of a meeting under subsection (3.1), the fact of the holding of the closed meeting, the general nature of its subject-matter and that it is to be closed under that subsection. 2001, c. 25, s. 239 (4); 2006, c. 32, Sched. A, s. 103 (2).

Open meeting

(5)  Subject to subsection (6), a meeting shall not be closed to the public during the taking of a vote. 2001, c. 25, s. 239 (5).

Exception

(6)  Despite section 244, a meeting may be closed to the public during a vote if,

(a) subsection (2) or (3) permits or requires the meeting to be closed to the public; and

(b) the vote is for a procedural matter or for giving directions or instructions to officers, employees or agents of the municipality, local board or committee of either of them or persons retained by or under a contract with the municipality or local board. 2001, c. 25, s. 239 (6).

Record of meeting

(7)  A municipality or local board or a committee of either of them shall record without note or comment all resolutions, decisions and other proceedings at a meeting of the body, whether it is closed to the public or not. 2006, c. 32, Sched. A, s. 103 (3).

Same

(8)  The record required by subsection (7) shall be made by,

(a) the clerk, in the case of a meeting of council; or

(b) the appropriate officer, in the case of a meeting of a local board or committee. 2006, c. 32, Sched. A, s. 103 (3).

Record may be disclosed

(9)  Clause 6 (1) (b) of the Municipal Freedom of Information and Protection of Privacy Act does not apply to a record of a meeting closed under subsection (3.1). 2006, c. 32, Sched. A, s. 103 (3).

239.1  A person may request that an investigation of whether a municipality or local board has complied with section 239 or a procedure by-law under subsection 238 (2) in respect of a meeting or part of a meeting that was closed to the public be undertaken,

(a) by an investigator referred to in subsection 239.2 (1); or

(b) by the Ombudsman appointed under the Ombudsman Act, if the municipality has not appointed an investigator referred to in subsection 239.2 (1). 2006, c. 32, Sched. A, s. 104.

239.2  (1)  Without limiting sections 9, 10 and 11, those sections authorize the municipality to appoint an investigator who has the function to investigate in an independent manner, on a complaint made to him or her by any person, whether the municipality or a local board has complied with section 239 or a procedure by-law under subsection 238 (2) in respect of a meeting or part of a meeting that was closed to the public, and to report on the investigation. 2006, c. 32, Sched. A, s. 104.

Powers and duties

(2)  Subject to this section, in carrying out his or her functions under subsection (1), the investigator may exercise such powers and shall perform such duties as may be assigned to him or her by the municipality. 2006, c. 32, Sched. A, s. 104.

Matters to which municipality is to have regard

(3)  In appointing an investigator and in assigning powers and duties to him or her, the municipality shall have regard to, among other matters, the importance of the matters listed in subsection (5). 2006, c. 32, Sched. A, s. 104.

Same, investigator

(4)  In carrying out his or her functions under subsection (1), the investigator shall have regard to, among other matters, the importance of the matters listed in subsection (5). 2006, c. 32, Sched. A, s. 104.

Same

(5)  The matters referred to in subsections (3) and (4) are,

(a) the investigator’s independence and impartiality;

(b) confidentiality with respect to the investigator’s activities; and

(c) the credibility of the investigator’s investigative process. 2006, c. 32, Sched. A, s. 104.

Delegation

(6)  An investigator may delegate in writing to any person, other than a member of council, any of the investigator’s powers and duties under this Part. 2006, c. 32, Sched. A, s. 104.

Same

(7)  An investigator may continue to exercise the delegated powers and duties, despite the delegation. 2006, c. 32, Sched. A, s. 104.

Status

(8)  An investigator is not required to be a municipal employee. 2006, c. 32, Sched. A, s. 104.

Application

(9)  Subsection 223.13 (6) and sections 223.14 to 223.18 apply with necessary modifications with respect to the exercise of functions described in this section. 2006, c. 32, Sched. A, s. 104.

Report and recommendations

(10)  If, after making an investigation, the investigator is of the opinion that the meeting or part of the meeting that was the subject-matter of the investigation appears to have been closed to the public contrary to section 239 or to a procedure by-law under subsection 238 (2), the investigator shall report his or her opinion and the reasons for it to the municipality or local board, as the case may be, and may make such recommendations as he or she thinks fit. 2006, c. 32, Sched. A, s. 104.

Publication of reports

(11)  The municipality or local board shall ensure that reports received under subsection (10) by the municipality or local board, as the case may be, are made available to the public. 2006, c. 32, Sched. A, s. 104.

Requirement to pass resolution re report

(12)  If a municipality or a local board receives a report from a person referred to in clause 239.1 (a) or (b) reporting his or her opinion, and the reasons for it, that a meeting or part of a meeting that was the subject-matter of an investigation by that person appears to have been closed to the public contrary to section 239 or to a procedure by-law under subsection 238 (2), the municipality or the local board, as the case may be, shall pass a resolution stating how it intends to address the report. 2017, c. 10, Sched. 1, s. 27.

240 Subject to the procedure by-law passed under section 238,

(a) the head of council may at any time call a special meeting; and

(b) upon receipt of a petition of the majority of the members of council, the clerk shall call a special meeting for the purpose and at the time mentioned in the petition. 2001, c. 25, s. 240.

241 (1)  The head of council, except where otherwise provided, shall preside at all meetings of the council. 2001, c. 25, s. 241 (1).

Power to expel

(2)  The head of council or other presiding officer may expel any person for improper conduct at a meeting. 2001, c. 25, s. 241 (2).

242 A municipality may, by by-law or resolution, appoint a member of the council to act in the place of the head of council or other member of council designated to preside at meetings in the municipality’s procedure by-law when the head of council or designated member is absent or refuses to act or the office is vacant, and while so acting such member has all the powers and duties of the head of council or designated member, as the case may be, with respect to the role of presiding at meetings. 2006, c. 32, Sched. A, s. 105; 2017, c. 10, Sched. 1, s. 28.

243 Except as otherwise provided, every member of a council shall have one vote. 2001, c. 25, s. 243.

243.1  (1)  The procedure by-law may provide that, in accordance with a process to be established by the clerk, a member of council may appoint another member of council as a proxy to act in their place when they are absent subject to the following rules:

1. A member of a local council appointed as an alternate member of the upper-tier council under section 267 may appoint a member of the upper-tier council as a proxy to act in their place when they are absent from the upper-tier council.

2. A member who is unable to attend a meeting of the upper-tier council and for whom an alternate member is appointed under section 267 shall not appoint a proxy.

3. A member appointed as an alternate member of the upper-tier council under section 268 shall not appoint a proxy.

4. A member who is unable to attend a meeting of the upper-tier council and for whom an alternate member is appointed under section 268 shall not appoint a proxy if the appointed member is acting on their behalf at the meeting. 2020, c. 18, Sched. 12, s. 2.

Rules re proxy votes

(2)  The following rules apply with respect to the appointment of another member of council to act as a proxy under subsection (1):

1. A member shall not appoint a proxy unless the proxyholder is a member of the same council as the appointing member.

2. A member shall not act as a proxy for more than one member of council at any one time.

3. The member appointing the proxy shall notify the clerk of the appointment in accordance with the process established by the clerk.

4. For the purpose of determining whether or not a quorum of members is present at any point in time, a proxyholder shall be counted as one member and shall not be counted as both the appointing member and the proxyholder.

5. A proxy shall be revoked if the appointing member or the proxyholder requests that the proxy be revoked and complies with the proxy revocation process established by the clerk.

6. Where a recorded vote is requested under section 246, the clerk shall record the name of each proxyholder, the name of the member of council for whom the proxyholder is voting and the vote cast on behalf of that member.

7. A member who appoints a proxy for a meeting shall be considered absent from the meeting for the purposes of determining whether the office of the member is vacant under clause 259 (1) (c). 2020, c. 18, Sched. 12, s. 2.

Pecuniary interest

(3)  A member who has a pecuniary interest described in subsection 5 (1) of the Municipal Conflict of Interest Act in a matter to be considered at a meeting shall not, if the interest is known to the member, appoint a proxy in respect of the matter. 2020, c. 18, Sched. 12, s. 2.

Same, pre-meeting discovery

(4)  If, after appointing a proxy, a member discovers that they have a pecuniary interest described in subsection 5 (1) of the Municipal Conflict of Interest Act in a matter to be considered at a meeting that is to be attended by the proxyholder, the member shall, as soon as possible,

(a) notify the proxyholder of the interest in the matter and indicate that the proxy will be revoked in respect of the matter; and

(b) request that the clerk revoke the proxy with respect to the matter in accordance with the proxy revocation process established by the clerk. 2020, c. 18, Sched. 12, s. 2.

Same, post-meeting discovery

(5)  For greater certainty, if, after appointing a proxy, a member discovers that they have a pecuniary interest described in subsection 5 (1) of the Municipal Conflict of Interest Act in a matter that was considered at a meeting attended by the proxyholder, the appointing member shall comply with subsection 5 (3) of the Municipal Conflict of Interest Act with respect to the interest at the next meeting attended by the appointing member after they discover the interest. 2020, c. 18, Sched. 12, s. 2.

Conflict, etc., proxyholder

(6)  For greater certainty, nothing in this section authorizes a proxyholder who is disabled from participating in a meeting under the Municipal Conflict of Interest Act from participating in the meeting in the place of an appointing member. 2020, c. 18, Sched. 12, s. 2.

Regulations, proxy votes

(7)  The Minister may make regulations providing for any matters which, in the Minister’s opinion, are necessary or desirable for the purposes of this section. 2020, c. 18, Sched. 12, s. 2.

244 Except as provided in sections 233 and 238, no vote shall be taken by ballot or by any other method of secret voting, and every vote so taken is of no effect. 2001, c. 25, s. 244; 2006, c. 32, Sched. A, s. 106.

245 Any question on which there is a tie vote shall be deemed to be lost, except where otherwise provided by any Act. 2001, c. 25, s. 245.

246 (1)  If a member present at a meeting at the time of a vote requests immediately before or after the taking of the vote that the vote be recorded, each member present, except a member who is disqualified from voting by any Act, shall announce his or her vote openly and the clerk shall record each vote. 2001, c. 25, s. 246 (1).

Failure to vote

(2)  A failure to vote under subsection (1) by a member who is present at the meeting at the time of the vote and who is qualified to vote shall be deemed to be a negative vote. 2001, c. 25, s. 246 (2).

247 (1)  The by-laws and resolutions of a municipality shall be passed in English or in both English and French. 2001, c. 25, s. 247 (1).

Official plan

(2)  An official plan adopted by a municipality shall be in English or in both English and French. 2001, c. 25, s. 247 (2).

Proceedings

(3)  Every council and every committee of council may conduct its proceedings in English or French or in both English and French. 2001, c. 25, s. 247 (3).

Minutes

(4)  Despite subsection (3), the minutes of the proceedings shall be kept in English or in both English and French. 2001, c. 25, s. 247 (4).

Proviso

(5)  Nothing in this section,

(a) affects an obligation imposed by or under any Act to make, keep, use, file, register or submit any record in the language or languages specified by or under the Act; or

(b) affects any requirement at law to give reasonable notice. 2001, c. 25, s. 247 (5).

Translations

(6)  If a record is submitted by a municipality to a provincial ministry in French, the municipality shall, at the request of the minister of that ministry, supply an English translation of it. 2001, c. 25, s. 247 (6).

248 If a council passes a comprehensive general by-law that consolidates and includes the provisions of any by-law previously passed by the council,

(a) the provisions in the comprehensive general by-law shall be deemed to have come into force on the day the original by-law came into force; and

(b) any condition or approval required by law to the making of the original by-law shall, where such condition was satisfied or approval obtained, be deemed to have been satisfied or obtained in respect of the corresponding provision in the comprehensive general by-law. 2001, c. 25, s. 248.

249 (1)  Every by-law of a municipality,

(a) shall be under the seal of the corporation; and

(b) shall be signed by the clerk and by the head of council or presiding officer at the meeting at which the by-law was passed. 2001, c. 25, s. 249 (1).

Failure to seal

(2)  If by oversight the seal of the corporation was not affixed to a by-law, it may be affixed at any time afterwards and when so affixed, the by-law is as valid as if it had been originally sealed. 2001, c. 25, s. 249 (2).

250 (1)  Where by this or any other Act a by-law may be passed by a council upon the application of a prescribed number of electors or inhabitants of the municipality or geographic area, the by-law shall not be finally passed until the clerk has certified that the application was sufficiently signed. 2001, c. 25, s. 250 (1).

Application of Public Inquiries Act, 2009

(2)  Section 33 of the Public Inquiries Act, 2009 applies to an inquiry into the sufficiency of the application by the clerk. 2009, c. 33, Sched. 6, s. 72 (4).

Effect of certificate

(3)  The certificate of the clerk is conclusive that the application was sufficiently signed. 2001, c. 25, s. 250 (3).

251, 252 REPEALED: 2006, c. 32, Sched. A, s. 107.

253 (1)  Subject to the Municipal Freedom of Information and Protection of Privacy Act, any person may, at all reasonable times, inspect any of the records under the control of the clerk, including,

(a) by-laws and resolutions of the municipality and of its local boards;

(b) minutes and proceedings of regular, special or committee meetings of the council or local board, whether the minutes and proceedings have been adopted or not;

(c) records considered at a meeting, except those records considered during that part of a meeting that was closed to the public;

(d) the records of the council;

(e) statements of remuneration and expenses prepared under section 284. 2001, c. 25, s. 253 (1).

Certified copies

(2)  Upon request, the clerk shall, within a reasonable time, provide a certified copy under seal of the municipality of any record referred to in subsection (1) to any applicant who pays the fee established by council. 2001, c. 25, s. 253 (2).

254 (1)  A municipality shall retain and preserve the records of the municipality and its local boards in a secure and accessible manner and, if a local board is a local board of more than one municipality, the affected municipalities are jointly responsible for complying with this subsection. 2001, c. 25, s. 254 (1).

Same, local boards

(2)  Despite subsection (1), a local board that has ownership and control of its records shall retain and preserve the records in a secure and accessible manner. 2001, c. 25, s. 254 (2).

Agreement

(3)  If a municipality or a local board has a duty to retain and preserve records under this section, the municipality or local board may enter into an agreement for archival services with respect to the records, but a local board shall not enter into such an agreement without the consent of each of the municipalities of which it is a local board and the municipality shall not enter into such an agreement unless the other municipalities, if any, with whom the municipality has joint duty to retain and preserve the records also are party to the agreement. 2006, c. 32, Sched. A, s. 108.

Effect of transfer

(4)  Records transferred to a person pursuant to an agreement under subsection (3) remain, for the purposes of the Municipal Freedom of Information and Protection of Privacy Act, under the ownership and control of the municipality or of a local board of the municipality if the local board falls within the definition of or is designated as an institution under that Act. 2006, c. 32, Sched. A, s. 108.

Duties

(5)  A person to whom records are transferred pursuant to an agreement under subsection (3) shall retain and preserve the records transferred to it in a secure and accessible manner. 2006, c. 32, Sched. A, s. 108.

Role of municipality, local board

(6)  A municipality and a local board shall ensure that a person to whom records are transferred pursuant to an agreement under subsection (3) fulfils the obligations under subsection (5). 2006, c. 32, Sched. A, s. 108.

(7), (8)  REPEALED: 2006, c. 32, Sched. A, s. 108.

Interpretation

(9)  In this section, the requirement to retain and preserve records in an accessible manner means that the records can be retrieved within a reasonable time and that the records are in a format that allows the content of the records to be readily ascertained by a person inspecting the records. 2001, c. 25, s. 254 (9).

255 (1)  Except as otherwise provided, a record of a municipality or local board may only be destroyed in accordance with this section. 2001, c. 25, s. 255 (1).

Destruction of records

(2)  Despite section 254, a record of a municipality or a local board may be destroyed if a retention period for the record has been established under this section and,

(a) the retention period has expired; or

(b) the record is a copy of the original record. 2001, c. 25, s. 255 (2); 2006, c. 32, Sched. A, s. 109 (1).

Retention periods

(3)  A municipality may establish retention periods during which the records of the municipality and local boards of the municipality must be retained and preserved in accordance with section 254. 2001, c. 25, s. 255 (3); 2017, c. 10, Sched. 1, s. 29 (1).

Joint local boards

(4)  Despite subsection (3), if a local board is a local board of more than one municipality, a majority of the affected municipalities may establish retention periods during which the records of the local board must be retained and preserved in accordance with section 254. 2001, c. 25, s. 255 (4); 2017, c. 10, Sched. 1, s. 29 (2).

Records transferred

(5)  Subsections (1) to (4) continue to apply to records transferred to a person under section 254. 2001, c. 25, s. 255 (5); 2006, c. 32, Sched. A, s. 109 (2).

Interpretation

(6)  In this section,

“record” does not include a record of a police service board that is directly related to any law enforcement activity with respect to a person or body. 2001, c. 25, s. 255 (6); 2019, c. 1, Sched. 4, s. 33 (9).

256 Every person is qualified to be elected or to hold office as a member of a council of a local municipality,

(a) who is entitled to be an elector in the local municipality under section 17 of the Municipal Elections Act, 1996; and

(b) who is not disqualified by this or any other Act from holding the office. 2001, c. 25, s. 256.

257 Every person is qualified to be elected or to hold office as a member of a council of an upper-tier municipality,

(a) who is entitled to be an elector in a lower-tier municipality within the upper-tier municipality under section 17 of the Municipal Elections Act, 1996; and

(b) who is not disqualified by this or any other Act from holding the office. 2001, c. 25, s. 257.

258 (1)  The following are not eligible to be elected as a member of a council or to hold office as a member of a council:

1. Except in accordance with section 30 of the Municipal Elections Act, 1996,

i. an employee of the municipality,

ii. a person who is not an employee of the municipality but who is the clerk, treasurer, Integrity Commissioner, Auditor General, Ombudsman or registrar referred to in section 223.11 or an investigator referred to in subsection 239.2 (1) of the municipality, or

iii. a person who is not an employee of the municipality but who holds any administrative position of the municipality.

2. A judge of any court.

3. A member of the Assembly as provided in the Legislative Assembly Act or of the Senate or House of Commons of Canada.

4. Except in accordance with Part V of the Public Service of Ontario Act, 2006 and any regulations made under that Part, a public servant within the meaning of that Act. 2001, c. 25, s. 258 (1); 2006, c. 32, Sched. A, s. 110; 2006, c. 35, Sched. C, s. 86.

Disqualification

(2)  A member of council of a municipality is disqualified from holding office if, at any time during the term of office of that member, he or she,

(a) ceases to be a Canadian citizen;

(b) is not a resident, the owner or tenant of land or the spouse of an owner or tenant of land in the municipality, in the case of a member of council of a local municipality, or in a lower-tier municipality within the upper-tier municipality, in the case of a member of council of an upper-tier municipality; or

(c) would be prohibited under this or any other Act from voting in an election for the office of member of council of the municipality if an election was held at that time. 2001, c. 25, s. 258 (2); 2005, c. 5, s. 44 (3).

259 (1)  The office of a member of council of a municipality becomes vacant if the member,

(a) becomes disqualified from holding the office of a member of council under section 256, 257 or 258;

(b) fails to make the declaration of office before the deadline in section 232;

(c) is absent from the meetings of council for three successive months without being authorized to do so by a resolution of council;

(d) resigns from his or her office and the resignation is effective under section 260;

(e) is appointed or elected to fill any vacancy in any other office on the same council;

(f) has his or her office declared vacant in any judicial proceeding;

(g) forfeits his or her office under this or any other Act; or

(h) dies, whether before or after accepting office and making the prescribed declarations. 2001, c. 25, s. 259 (1).

Note: On November 15, 2026, subsection 259 (1) of the Act is amended by striking out “or” at the end of clause (g), adding “or” at the end of clause (h) and by adding the following clause: (See: 2026, c. 3, Sched. 1, s. 9)

(i) is removed from their office by the Minister under paragraph 3 of subsection 218.1 (1).

Exception

(1.1)  Clause (1) (c) does not apply to vacate the office of a member of council of a municipality who is absent for 20 consecutive weeks or less if the absence is a result of the member’s pregnancy, the birth of the member’s child or the adoption of a child by the member. 2017, c. 10, Sched. 1, s. 30.

Exception

(2)  Clause (1) (e) does not apply to vacate the office of a member of an upper-tier council when the member is appointed head of council if the composition of council requires or permits the member to hold both offices. 2001, c. 25, s. 259 (2).

Dual vacancies

(3)  If one of the offices of a person who is a member of council of both a local municipality and its upper-tier municipality becomes vacant under this section, the other office also becomes vacant. 2001, c. 25, s. 259 (3).

Exception

(4)  Subsection (3) does not apply to vacate an office of a member when another office of the member becomes vacant if the composition of the councils does not require the member to hold both offices. 2001, c. 25, s. 259 (4).

260 (1)  A member of council of a municipality may resign from office by notice in writing filed with the clerk of the municipality. 2001, c. 25, s. 260 (1).

Restriction

(2)  Despite subsection (1), a resignation is not effective if it would reduce the number of members of the council to less than a quorum and, if the member resigning from office is a member of the councils of both a local municipality and its upper-tier municipality, the resignation is not effective if it would reduce the number of members of either council to less than a quorum. 2001, c. 25, s. 260 (2).

261 (1)  Except where otherwise provided, no person may hold more than one office governed by the Municipal Elections Act, 1996 at the same time anywhere in Ontario. 2001, c. 25, s. 261 (1).

Election void

(2)  If a person is nominated for and his or her name appears on the ballots for more than one office and he or she is elected to any of those offices, his or her election is void and the office is vacant. 2001, c. 25, s. 261 (2).

262 (1)  If the office of a member of a council becomes vacant under section 259, the council shall at its next meeting declare the office to be vacant, except if a vacancy occurs as a result of the death of a member, the declaration may be made at either of its next two meetings. 2001, c. 25, s. 262 (1).

Upper-tier declaration

(2)  If an upper-tier municipality declares the office of one of its members who also holds office on the council of a local municipality to be vacant, the upper-tier municipality shall immediately forward a copy of its declaration to the council of the local municipality. 2001, c. 25, s. 262 (2).

Lower-tier declaration

(3)  If a local municipality declares the office of one of its members who also holds office on the council of the upper-tier municipality to be vacant, the local municipality shall immediately forward a copy of its declaration to the council of the upper-tier municipality. 2001, c. 25, s. 262 (3).

263 (1)  If a vacancy occurs in the office of a member of council, the municipality shall, subject to this section,

(a) fill the vacancy by appointing a person who has consented to accept the office if appointed; or

(b) require a by-election to be held to fill the vacancy in accordance with the Municipal Elections Act, 1996. 2001, c. 25, s. 263 (1).

Dual vacancies

(2)  If the offices of a person who is a member of council of both a local municipality and its upper-tier municipality become vacant, the local municipality and not the upper-tier municipality shall fill the vacancy in accordance with subsection (1). 2001, c. 25, s. 263 (2).

Court-ordered election

(3)  If an order is made in any judicial proceeding requiring a by-election be held to fill a vacancy on a council, the clerk shall hold the by-election in accordance with the Municipal Elections Act, 1996. 2001, c. 25, s. 263 (3).

Vacancy, head of council

(4)  Despite subsections (1) to (3), if the head of council of an upper-tier municipality is required to be appointed by the members of the upper-tier council, the upper-tier municipality shall fill a vacancy in the office of head of council by appointment in the same manner as the head was originally appointed. 2001, c. 25, s. 263 (4).

Rules applying to filling vacancies

(5)  The following rules apply to filling vacancies:

1. Within 60 days after the day a declaration of vacancy is made with respect to the vacancy under section 262, the municipality shall,

Note: On a day to be named by order of the Lieutenant Governor in Council, paragraph 1 of subsection 263 (5) of the Act is amended by striking out “section 262” in the portion before subparagraph i and substituting “section 223.4.0.4 or 262”. (See: 2026, c. 6, Sched. 2, s. 8)

i. appoint a person to fill the vacancy under subsection (1) or (4), or

ii. pass a by-law requiring a by-election be held to fill the vacancy under subsection (1).

2. Despite paragraph 1, if a court declares an office to be vacant, the council shall act under subsection (1) or (4) within 60 days after the day the court makes its declaration.

3. Despite subsections (1) to (4), if a vacancy occurs within 90 days before voting day of a regular election, the municipality is not required to fill the vacancy. 2001, c. 25, s. 263 (5).

2026, c. 6, Sched. 2, s. 8 - not in force

264 A person appointed or elected to fill a vacancy under section 263 shall hold office for the remainder of the term of the person he or she replaced. 2001, c. 25, s. 264.

265 (1)  Any elector entitled to vote at the election of members of a council may apply to the Superior Court of Justice for a declaration that the office of a member of the council has become vacant in accordance with this Act. 2001, c. 25, s. 265 (1).

Judicial finding

(2)  If the court finds that the office of a member of the council has become vacant, it may order the member removed from office and declare the office vacant. 2001, c. 25, s. 265 (2).

Application of S.O. 1996, c. 32

(3)  Subsection 83 (3) and sections 85, 86 and 87 of the Municipal Elections Act, 1996 apply to the application as if it were an application under section 83 of that Act. 2001, c. 25, s. 265 (3).

Combined application

(4)  The application may be combined with an application under section 83 of the Municipal Elections Act, 1996, in which case the applications shall be heard and disposed of together. 2001, c. 25, s. 265 (4).

266 (1)  If the council of a municipality is unable to hold a meeting for a period of 60 days because of a failure to obtain a quorum, the Minister may by order declare all the offices of the members of the council to be vacant and a by-election shall be held in accordance with the Municipal Elections Act, 1996. 2002, c. 17, Sched. A, s. 45 (1).

Timing

(2)  The 60-day period referred to in subsection (1) commences on the day of the first meeting that could not be held because of a failure to obtain a quorum. 2001, c. 25, s. 266 (2).

Interim order

(3)  Where the Minister makes an order under subsection (1), or the offices of a majority of the members of a council are for any reason declared vacant, the Minister may by order exercise or appoint one or more persons to exercise the duties and obligations of the council until such time as a by-election is held in accordance with the Municipal Elections Act, 1996, and the members so elected have taken office. 2001, c. 25, s. 266 (3); 2002, c. 17, Sched. A, s. 45 (2).

Not regulation

(4)  An order of the Minister under this section is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006. 2006, c. 21, Sched. F, s. 120 (4).

267 (1)  If a person who is a member of the councils of a local municipality and its upper-tier municipality is unable to act as a member of those councils for a period exceeding one month, the local council may appoint one of its members as an alternate member of the upper-tier council to act in place of the member until the member is able to resume acting as a member of those councils. 2001, c. 25, s. 267 (1).

Alternate member

(2)  If the offices of a person who is a member of council of both a local municipality and its upper-tier municipality become vacant and the vacancies will not be filled for a period exceeding one month, the local council may appoint one of its members as an alternate member of the upper-tier council until the vacancies are filled permanently. 2001, c. 25, s. 267 (2).

Exception

(3)  This section does not authorize the appointment of an alternate head of council of the upper-tier municipality. 2001, c. 25, s. 267 (3).

268 (1)  Subject to subsection (2), the council of a local municipality may appoint one of its members as an alternate member of the upper-tier council, to act in place of a person who is a member of the councils of the local municipality and its upper-tier municipality, when the person is unable to attend a meeting of the upper-tier council for any reason. 2017, c. 10, Sched. 1, s. 31.

Limitation

(2)  Subsection (1) does not authorize,

(a) the appointment of more than one alternate member during the term of council;

(b) the appointment of an alternate member to act in place of an alternate member appointed under subsection 267 (1) or (2); or

(c) the appointment of an alternate head of council of the upper-tier municipality. 2017, c. 10, Sched. 1, s. 31.

Other temporary replacement

(3)  Despite clause (2) (a), if the seat of the member who has been appointed as an alternate member under subsection (1) becomes vacant, the council of a local municipality may appoint another of its members as an alternate member for the remainder of the council term. 2017, c. 10, Sched. 1, s. 31.

269 (1)  In section 270,

“local board” means,

a local board as defined in section 1, excluding a police service board and a hospital board,

(b) a local services board, a local roads board and any other board, commission or local authority exercising any power with respect to municipal affairs or purposes in unorganized territory, excluding a school board, a hospital board and a conservation authority,

(c) a district social services administration board,

(d) a local housing corporation as defined in the Housing Services Act, 2011, despite clause 26 (b) of that Act, and

(e) any other prescribed body performing a public function. 2001, c. 25, s. 269 (1); 2006, c. 32, Sched. A, s. 112; 2011, c. 6, Sched. 1, s. 187 (3); 2019, c. 1, Sched. 4, s. 33 (10); 2019, c. 14, Sched. 7, s. 14 (2).

Regulations

(2)  The Minister may make regulations prescribing bodies which fall within the definition of “local board” in subsection (1). 2001, c. 25, s. 269 (2).

270 (1)  A municipality shall adopt and maintain policies with respect to the following matters:

1. Its sale and other disposition of land.

2. Its hiring of employees.

2.1 The relationship between members of council and the officers and employees of the municipality.

3. Its procurement of goods and services.

4. The circumstances in which the municipality shall provide notice to the public and, if notice is to be provided, the form, manner and times notice shall be given.

5. The manner in which the municipality will try to ensure that it is accountable to the public for its actions, and the manner in which the municipality will try to ensure that its actions are transparent to the public.

6. The delegation of its powers and duties.

7. The manner in which the municipality will protect and enhance the tree canopy and natural vegetation in the municipality.

8. Pregnancy leaves and parental leaves of members of council. 2006, c. 32, Sched. A, s. 113; 2017, c. 10, Sched. 1, s. 32.

Policies of local boards

(2)  A local board shall adopt and maintain policies with respect to the following matters:

1. Its sale and other disposition of land.

2. Its hiring of employees.

3. Its procurement of goods and services. 2006, c. 32, Sched. A, s. 113.

271 The Minister may make regulations prescribing actions that municipalities must take which, in the opinion of the Minister, are necessary or desirable to support the integration of planning for municipal service delivery with planning for service delivery by other public bodies or by other persons. 2017, c. 10, Sched. 1, s. 33.

272 A by-law passed in good faith under any Act 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 by-law. 2001, c. 25, s. 272.

273 (1)  Upon the application of any person, the Superior Court of Justice may quash a by-law of a municipality in whole or in part for illegality. 2001, c. 25, s. 273 (1).

Definition

(2)  In this section,

“by-law” includes an order or resolution. 2001, c. 25, s. 273 (2).

Inquiry

(3)  If an application to quash alleges a contravention of subsection 90 (3) of the Municipal Elections Act, 1996, the Superior Court of Justice may direct an inquiry into the alleged contravention to be held before an official examiner or a judge of the court, and the evidence of the witnesses in the inquiry shall be given under oath and shall form part of the evidence in the application to quash. 2001, c. 25, s. 273 (3).

Other cases

(4)  The court may direct that nothing shall be done under the by-law until the application is disposed of. 2001, c. 25, s. 273 (4).

Timing

(5)  An application to quash a by-law in whole or in part, subject to section 415, shall be made within one year after the passing of the by-law. 2001, c. 25, s. 273 (5).

274 (1)  If a municipality so requests by resolution, a judge of the Superior Court of Justice shall,

(a) investigate any supposed breach of trust or other misconduct of a member of council, an employee of the municipality or a person having a contract with the municipality in relation to the duties or obligations of that person to the municipality;

(b) inquire into any matter connected with the good government of the municipality; or

(c) inquire into the conduct of any part of the public business of the municipality, including business conducted by a commission appointed by the council or elected by the electors. 2001, c. 25, s. 274 (1).

Application of Public Inquiries Act, 2009

(2)  Section 33 of the Public Inquiries Act, 2009 applies to the investigation or inquiry by the judge. 2009, c. 33, Sched. 6, s. 72 (5).

Report

(3)  The judge shall report the results of the investigation or inquiry to the council as soon as practicable. 2001, c. 25, s. 274 (3).

Counsel

(4)  The council may hire counsel to represent the municipality and pay fees for witnesses who are summoned to give evidence at the investigation or inquiry. 2001, c. 25, s. 274 (4).

Representation by counsel

(5)  Any person whose conduct is called into question in the investigation or inquiry may be represented by counsel. 2001, c. 25, s. 274 (5).

Costs

(6)  The judge may engage counsel and other persons to assist in the investigation or inquiry and the costs of engaging those persons and any incidental expenses shall be paid by the municipality. 2001, c. 25, s. 274 (6).

275 (1)  The council of a local municipality shall not take any action described in subsection (3) after the first day during the election for a new council on which it can be determined that one of the following applies to the new council that will take office following the election:

1. If the new council will have the same number of members as the outgoing council, the new council will include less than three-quarters of the members of the outgoing council.

2. If the new council will have more members than the outgoing council, the new council will include less than three-quarters of the members of the outgoing council or, if the new council will include at least three-quarters of the members of the outgoing council, three-quarters of the members of the outgoing council will not constitute, at a minimum, a majority of the members of the new council.

3. If the new council will have fewer members than the outgoing council, less than three-quarters of the members of the new council will have been members of the outgoing council or, if at least three-quarters of the members of the new council will have been members of the outgoing council, three-quarters of the members of the new council will not constitute, at a minimum, a majority of the members of the outgoing council. 2001, c. 25, s. 275 (1).

Basis for determination

(2)  If a determination under subsection (1) is made,

(a) after nomination day but before voting day, the determination shall be based on the nominations to the new council that have been certified and any acclamations made to the new council; or

(b) after voting day, the determination shall be based on the declaration of the results of the election including declarations of election by acclamation. 2001, c. 25, s. 275 (2).

Restrictions

(3)  The actions referred to in subsection (1) are,

(a) the appointment or removal from office of any officer of the municipality;

(b) the hiring or dismissal of any employee of the municipality;

(c) the disposition of any real or personal property of the municipality which has a value exceeding $50,000 at the time of disposal; and

(d) making any expenditures or incurring any other liability which exceeds $50,000. 2001, c. 25, s. 275 (3); 2006, c. 32, Sched. A, s. 114 (1).

Exception

(4)  Clauses (3) (c) and (d) do not apply if the disposition or liability was included in the most recent budget adopted by the council before nomination day in the election. 2001, c. 25, s. 275 (4).

Emergencies

(4.1)  Nothing in this section prevents a municipality taking any action in the event of an emergency. 2006, c. 32, Sched. A, s. 114 (2).

Upper-tier council

(5)  This section applies with necessary modifications to the council of an upper-tier municipality. 2001, c. 25, s. 275 (5).

Delegated authority unaffected

(6)  Nothing in this section prevents any person or body exercising any authority of a municipality that is delegated to the person or body prior to nomination day for the election of the new council. 2006, c. 32, Sched. A, s. 114 (3).

276 REPEALED: 2006, c. 32, Sched. A, s. 115.

277 REPEALED: 2006, c. 32, Sched. A, s. 115.

278 (1)  In sections 279, 280 and 282,

“employee” means any salaried officer, or any other person in the employ of the municipality or of a local board and includes,

(a) a member of the police service of the municipality,

(b) persons that provide their services on behalf of the municipality without remuneration, exclusive of reimbursement of expenses or honoraria, if council of the municipality has passed a by-law designating such persons or classes of persons as employees for the purposes of this section, and

(c) any other person or class of person designated as an employee by the Minister; (“employé”)

“former employee” means a person who was formerly an employee of a municipality or local board; (“ancien employé”)

“former member” means a person who was formerly a member of a council of a municipality or local board; (“ancien membre”)

“local board” means a local board as defined in the Municipal Affairs Act. (“conseil local”) 2001, c. 25, s. 278; 2019, c. 1, Sched. 4, s. 33 (11).

Not regulation

(2)  A designation by the Minister under this section is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006. 2006, c. 21, Sched. F, s. 120 (5).

279 (1)  Despite the Insurance Act, a municipality may be or act as an insurer and may exchange with other municipalities in Ontario reciprocal contracts of indemnity or inter-insurance in accordance with Part XIII of the Insurance Act with respect to the following matters:

1. Protection against risks that may involve pecuniary loss or liability on the part of the municipality or any local board of the municipality.

2. The protection of its employees or former employees or those of any local board of the municipality against risks that may involve pecuniary loss or liability on the part of those employees.

3. Subject to section 14 of the Municipal Conflict of Interest Act, the protection of the members or former members of the council or of any local board of the municipality or any class of those members against risks that may involve pecuniary loss or liability on the part of the members.

4. Subject to section 14 of the Municipal Conflict of Interest Act, the payment of any damages or costs awarded against any of its employees, members, former employees or former members or expenses incurred by them as a result of any action or other proceeding arising out of acts or omissions done or made by them in their capacity as employees or members, including while acting in the performance of any statutory duty.

5. Subject to section 14 of the Municipal Conflict of Interest Act, the payment of any sum required in connection with the settlement of an action or other proceeding referred to in paragraph 4 and for assuming the cost of defending the employees or members in the action or proceeding. 2001, c. 25, s. 279 (1).

Limitation

(2)  Despite section 387 of the Insurance Act, any surplus funds and the reserve fund of a municipal reciprocal exchange may be invested only in accordance with section 418, even if section 418.1 applies to one or more of the municipalities. 2001, c. 25, s. 279 (2); 2017, c. 10, Sched. 1, s. 34.

Reserve funds

(3)  The money raised for a reserve fund of a municipal reciprocal exchange may be spent, pledged or applied to a purpose other than that for which the fund was established if two-thirds of the municipalities that are members of the exchange together with two-thirds of the municipalities that previously were members of the exchange and that may be subject to claims arising while they were members of the exchange, agree in writing and if section 386 of the Insurance Act is complied with. 2001, c. 25, s. 279 (3).

Insurance Act does not apply

(4)  The Insurance Act does not apply to a municipality acting as an insurer for the purpose of this section. 2001, c. 25, s. 279 (4).

280 (1)  A municipality may contract for insurance for, pay any part of the premiums for or pay for any part of the damages, risks or costs referred to in subsection 279 (1) for any local board of the municipality or for any of the members, former members, employees or former employees of a local board of a municipality. 2001, c. 25, s. 280 (1).

Local board powers

(2)  A local board of a municipality has the same powers with respect to itself, its members, former members, employees and former employees to contract for insurance, pay premiums for the insurance, be or act as an insurer, exchange reciprocal contracts of indemnity and to pay damages and costs as are conferred upon a municipality by this Act. 2001, c. 25, s. 280 (2).

281 (1)  Under a plan of sick leave credit gratuities established for employees by a municipality, on the termination of employment, no employee is entitled to more than an amount equal to the salary, wages or other remuneration for one-half the number of days standing to his or her credit up to a maximum of one-half year’s earnings at the rate received by him or her immediately before termination of employment. 2001, c. 25, s. 281 (1).

Local board

(2)  Any local board may establish a plan of sick leave credit gratuities for employees or any class of them and this section applies with necessary modifications to the local board. 2001, c. 25, s. 281 (2).

Definition

(3)  In this section,

“employee” means “employee” as defined in section 278. 2001, c. 25, s. 281 (3).

Insurance, health, etc.

282 (1)  Subject to the Health Insurance Act, a municipality may provide, only through contract either with an insurer licensed under the Insurance Act or with an association registered under the Prepaid Hospital and Medical Services Act,

(a) group life insurance for members of council or any local board of the municipality, employees or former employees of the municipality or any local board of the municipality or any class of them and their spouses and children;

(b) group accident insurance or group sickness insurance for members of council or any local board of the municipality, employees or former employees of the municipality or any local board of the municipality or any class of them and their spouses and children; and

(c) hospital, medical, surgical, nursing or dental services or payments for those services for members of council or any local board of the municipality, employees or former employees of the municipality or any local board of the municipality or any class of them and their spouses and children. 2001, c. 25, s. 282 (1); 2005, c. 5, s. 44 (4).

Local board

(2)  Any local board may provide the insurance, services or payments referred to in subsection (1) and may pay for them in the same manner and for the same classes of persons as the council of a municipality, and subsection (1) applies with necessary modifications to the local board. 2001, c. 25, s. 282 (2).

283 (1)  A municipality may pay any part of the remuneration and expenses of the members of any local board of the municipality and of the officers and employees of the local board. 2001, c. 25, s. 283 (1).

Limitation

(2)  Despite any Act, a municipality may only pay the expenses of the members of its council or of a local board of the municipality and of the officers and employees of the municipality or local board if the expenses are of those persons in their capacity as members, officers or employees and if,

(a) the expenses are actually incurred; or

(b) the expenses are, in lieu of the expenses actually incurred, a reasonable estimate, in the opinion of the council or local board, of the actual expenses that would be incurred. 2001, c. 25, s. 283 (2).

Local boards

(3)  A local board of a municipality may pay remuneration to and the expenses incurred by its members, officers and employees to the extent that the municipality is able to do so under this Act. 2001, c. 25, s. 283 (3).

Limitation

(4)  No part of the remuneration of a member of a council or local board paid under this section is deemed to be for expenses incidental to his or her duties as a member and a municipality or local board shall not provide that any part of the remuneration is for such deemed expenses. 2001, c. 25, s. 283 (4).

Former by-law

(5)  Despite subsection (4), if a resolution of a municipality under subsection 255 (2) or (3) of the old Act is not revoked before January 1, 2003, the resolution shall be deemed to be a by-law of the municipality and one-third of the remuneration paid to the elected members of the council and its local boards is deemed as expenses incident to the discharge of their duties as members of the council or local board. 2001, c. 25, s. 283 (5); 2002, c. 17, Sched. A, s. 46 (1).

Repeal

(6)  A council may repeal a by-law under subsection (5) and the repealing by-law shall be effective on January 1 of the year after the year in which it is passed. 2001, c. 25, s. 283 (6).

Review

(7)  On or after December 1, 2003, a council shall review a by-law under subsection (5) at a public meeting at least once during the four-year period corresponding to the term of office of its members after a regular election. 2001, c. 25, s. 283 (7); 2002, c. 17, Sched. A, s. 46 (2); 2006, c. 9, Sched. H, s. 5 (4).

If by-law passed under subs. 255 (2) of old Act

(8)  If the City of Mississauga or the Town of Markham, as the case may be, passes a resolution under subsection 255 (2) of the old Act and, as of January 1, 2003, is deemed to have passed a by-law under subsection (5), then, despite subsection (6), the by-law shall not be repealed by the City of Mississauga or the Town of Markham, as the case may be, unless the municipality proposing to repeal the by-law first ceases to provide any pension benefits under the City of Mississauga Act, 1988 or the Town of Markham Act, 1989, respectively. 2002, c. 17, Sched. A, s. 46 (3); 2006, c. 11, Sched. B, s. 9 (3); 2006, c. 32, Sched. A, s. 116 (1).

If by-law not passed under subs. 255 (2) of old Act

(9)  If the City of Mississauga or the Town of Markham, as the case may be, does not pass a resolution under subsection 255 (2) of the old Act,

(a) despite the City of Mississauga Act, 1988 or the Town of Markham Act, 1989, the City of Mississauga or the Town of Markham, as the case may be, shall not provide a contribution for a pension under those provisions and no calculation of a pension or combination of a pension with another pension shall be made under those provisions in respect of service of a council member after that date; and

(b) any pension benefit earned or accruing under those provisions with respect to service on or before December 31, 2002 shall continue. 2002, c. 17, Sched. A, s. 46 (3); 2006, c. 11, Sched. B, s. 9 (4); 2006, c. 32, Sched. A, s. 116 (2).

Regulation

(10)  The Minister may, by regulation, prescribe transition rules in respect of the matters set out in subsections (8) and (9). 2002, c. 17, Sched. A, s. 46 (3).

284 (1)  The treasurer of a municipality shall in each year on or before March 31 provide to the council of the municipality an itemized statement on remuneration and expenses paid in the previous year to,

(a) each member of council in respect of his or her services as a member of the council or any other body, including a local board, to which the member has been appointed by council or on which the member holds office by virtue of being a member of council;

(b) each member of council in respect of his or her services as an officer or employee of the municipality or other body described in clause (a); and

(c) each person, other than a member of council, appointed by the municipality to serve as a member of any body, including a local board, in respect of his or her services as a member of the body. 2001, c. 25, s. 284 (1).

Mandatory item

(2)  The statement shall identify the by-law under which the remuneration or expenses were authorized to be paid. 2001, c. 25, s. 284 (2).

Statement to be provided to municipality

(3)  If, in any year, any body, including a local board, pays remuneration or expenses to one of its members who was appointed by a municipality, the body shall on or before January 31 in the following year provide to the municipality an itemized statement of the remuneration and expenses paid for the year. 2001, c. 25, s. 284 (3).

Public records

(4)  Despite the Municipal Freedom of Information and Protection of Privacy Act, statements provided under subsections (1) and (3) are public records. 2001, c. 25, s. 284 (4).

284.1  (1)  Without limiting sections 9, 10 and 11, those sections authorize a municipality to provide for a review or appeal of a decision made by a person or body in the exercise or intended exercise of a power or the performance or intended performance of a duty delegated to him, her or it by the municipality under this Act. 2006, c. 32, Sched. A, s. 117.

Scope of power

(2)  Without limiting sections 9, 10 and 11, the power described in subsection (1) includes the power,

(a) to designate the person or body, including council, that will conduct the review or appeal, but the municipality cannot designate a person or body without his, her or its consent;

(b) to provide for the powers the person or body conducting the review or appeal may exercise;

(c) to establish procedures with respect to the review or appeal;

(d) to provide for rules for authorizing the person or body conducting the review or appeal to determine when decisions subject to review or appeal come into force, including a retroactive date not earlier than the day on which the by-law was passed. 2006, c. 32, Sched. A, s. 117.

Restriction

(3)  A municipality shall not provide for a review or appeal of such decisions as may be prescribed. 2006, c. 32, Sched. A, s. 117.

Reconsideration of decisions

(4)  Nothing in this section affects the authority of the person or body to reconsider his, her or its own decisions. 2006, c. 32, Sched. A, s. 117.

Regulations re review or appeal

(5)  The Minister may make regulations prescribing decisions for the purposes of subsection (3). 2006, c. 32, Sched. A, s. 117.

284.2  The Minister may, by regulation, designate municipalities to which this Part applies. 2022, c. 18, Sched. 2, s. 1.

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. 2022, c. 18, Sched. 2, s. 1.

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. 2022, c. 18, Sched. 2, s. 1.

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. 2022, c. 18, Sched. 2, s. 1.

284.5  The powers of a municipality under section 229, with respect to the chief administrative officer, are assigned to the head of council. 2022, c. 18, Sched. 2, s. 1.

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. 2022, c. 18, Sched. 2, s. 1.

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. 2022, c. 18, Sched. 2, s. 1.

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. 2022, c. 18, Sched. 2, s. 1.

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). 2022, c. 18, Sched. 2, s. 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). 2022, c. 18, Sched. 2, s. 1.

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. 2022, c. 18, Sched. 2, s. 1.

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. 2022, c. 18, Sched. 2, s. 1.

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. 2022, c. 18, Sched. 2, s. 1.

284.9  (1)  The Lieutenant Governor in Council may, by regulation, prescribe provincial priorities for the purposes of sections 284.10, 284.11 and 284.11.1. 2022, c. 18, Sched. 2, s. 1; 2022, c. 24, Sched. 3, s. 5 (1).

Same

(2)  For greater certainty, sections 284.10, 284.11 and 284.11.1 only apply if the Lieutenant Governor in Council prescribes provincial priorities. 2022, c. 18, Sched. 2, s. 1; 2022, c. 24, Sched. 3, s. 5 (2).

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. 2022, c. 18, Sched. 2, s. 1; 2022, c. 24, Sched. 3, s. 6.

Interpretation

(2)  In this section,

“meeting” has the same meaning as in subsection 238 (1). 2022, c. 18, Sched. 2, s. 1.

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. 2022, c. 18, Sched. 2, s. 1.

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. 2022, c. 18, Sched. 2, s. 1; 2022, c. 24, Sched. 3, s. 7.

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. 2022, c. 18, Sched. 2, s. 1.

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. 2022, c. 18, Sched. 2, s. 1.

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. 2022, c. 18, Sched. 2, s. 1; 2022, c. 24, Sched. 3, s. 7.

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. 2022, c. 18, Sched. 2, s. 1.

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. 2022, c. 18, Sched. 2, s. 1.

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. 2022, c. 18, Sched. 2, s. 1.

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. 2022, c. 18, Sched. 2, s. 1.

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. 2022, c. 18, Sched. 2, s. 1.

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. 2022, c. 18, Sched. 2, s. 1.

No notice

(12)  The head of council shall not give notice under subsection (3) after giving approval under subclause (4) (a) (i). 2022, c. 18, Sched. 2, s. 1.

284.11.1  (1)  This section applies with respect to by-laws under,

(a) this Act and the regulations, other than under any prescribed section;

(b) the Planning Act and its regulations, other than under any prescribed section; and

(c) any other prescribed Act or regulation or prescribed section of an Act or regulation. 2022, c. 24, Sched. 3, s. 8.

Procedure

(2)  Despite any procedure by-law passed by the municipality under subsection 238 (2) and subject to any prescribed requirements, if the head of council is of the opinion that a by-law could potentially advance a prescribed provincial priority, the head of council may propose the by-law to the council and require the council to consider and vote on the proposed by-law at a meeting. 2022, c. 24, Sched. 3, s. 8.

Same

(3)  The head of council shall, in accordance with the regulations, provide to the clerk and to each member of council,

(a) a copy of any by-law proposed under subsection (2); and

(b) the head of council’s reasons for the proposal. 2022, c. 24, Sched. 3, s. 8.

More than one-third vote required

(4)  Despite any procedure by-law passed by the municipality under subsection 238 (2) and despite section 245, a by-law described in subsection (2) is passed if more than one third of the members of council vote in favour of the by-law. 2022, c. 24, Sched. 3, s. 8.

Head of council may vote

(5)  For greater certainty, the head of council may vote as a member of council in a vote to pass a by-law described in subsection (2). 2022, c. 24, Sched. 3, s. 8.

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. 2022, c. 18, Sched. 2, s. 1.

Note: On November 15, 2026, subsection 284.12 (1) of the Act is amended by adding “of a municipality other than a municipality set out in subsection 218.1 (2)” after “of the head of council”. (See: 2026, c. 3, Sched. 1, s. 10)

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. 2022, c. 18, Sched. 2, s. 1.

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). 2022, c. 18, Sched. 2, s. 1.

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. 2022, c. 18, Sched. 2, s. 1.

284.13  (1)  Subject to the prescribed limitations, if any, the head of council may delegate their powers and duties under the following sections:

1. Section 284.5 (chief administrative officer).

2. Section 284.6 (organizational structure).

3. Section 284.7 (local boards).

4. Section 284.8 (committees). 2022, c. 18, Sched. 2, s. 1.

Same

(2)  The rules in subsection 23.1 (2) apply with necessary modifications to a delegation under subsection (1). 2022, c. 18, Sched. 2, s. 1.

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. 2022, c. 18, Sched. 2, s. 1.

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. 2022, c. 18, Sched. 2, s. 1.

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. 2022, c. 18, Sched. 2, s. 1.

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. 2022, c. 18, Sched. 2, s. 1.

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. 2022, c. 18, Sched. 2, s. 1.

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. 2022, c. 18, Sched. 2, s. 1.

Veto power

(4)  The head of council may, in accordance with the regulations, veto a resolution passed under subsection (3). 2022, c. 18, Sched. 2, s. 1.

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. 2022, c. 18, Sched. 2, s. 1.

Adoption of budget

(6)  The budget for the municipality shall be adopted in accordance with the regulations. 2022, c. 18, Sched. 2, s. 1.

Same

(7)  For greater certainty, the regulations may provide for the circumstances in which the budget is deemed to be adopted. 2022, c. 18, Sched. 2, s. 1.

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, a council and the clerk are required to follow in connection with 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. 2022, c. 18, Sched. 2, s. 1; 2022, c. 24, Sched. 3, s. 9.

Same

(2)  Subject to subsection 284.9 (1), the Minister may make regulations prescribing anything that, under this Part, may or must be prescribed. 2022, c. 18, Sched. 2, s. 1.

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. 2022, c. 18, Sched. 2, s. 1.

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. 2022, c. 18, Sched. 2, s. 1.