Better Municipal Governance Act, 2022, S.O. 2022, c. 24 - Bill 39

• Jurisdiction: Ontario
• Date: 08 December 2022
• Bill Number: 39

EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 39 and does not form part of the law. Bill 39 has been enacted as Chapter 24 of the Statutes of Ontario, 2022.

SCHEDULE 1
CITY OF TORONTO ACT, 2006

The Schedule amends the City of Toronto Act, 2006 by adding section 226.9.1. Section 226.9.1 provides that 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 and require city council to consider and vote on the proposed by-law at a meeting. The by-law is passed if more than one third of the members of city council vote in favour of the by-law.

SCHEDULE 2
DUFFINS ROUGE AGRICULTURAL PRESERVE REPEAL ACT, 2022

The Schedule enacts the new Duffins Rouge Agricultural Preserve Repeal Act, 2022, which repeals the older Duffins Rouge Agricultural Preserve Act, 2005. The new Act provides that the easements and covenants that were described in the repealed Act are deemed to have the legal effect they would have had if the repealed Act had never been in effect. The new Act also provides for the interaction of those covenants and easements with certain provisions of the Conservation Land Act. Related causes of actions and proceedings are prohibited.

SCHEDULE 3
MUNICIPAL ACT, 2001

The Schedule amends the Municipal Act, 2001 by adding section 218.3, which authorizes the Minister of Municipal Affairs and Housing to appoint, by order, for the term of office beginning in 2022, the head of council of The Regional Municipality of Niagara, The Regional Municipality of Peel and The Regional Municipality of York. A new section 218.4 requires the Minister to give notice of such order and a new section 218.5 authorizes the Minister to make regulations relating to the appointment of a head of council under section 218.3.

A new section 284.11.1 of the Act provides that if a head of council of a designated municipality is of the opinion that a by-law could potentially advance a prescribed provincial priority, the head of council may propose the by-law and require the council to consider and vote on the proposed by-law at a meeting. The by-law is passed if more than one third of the members of council vote in favour of the by-law.

chapter 24

An Act to amend the City of Toronto Act, 2006 and the Municipal Act, 2001 and to enact the Duffins Rouge Agricultural Preserve Repeal Act, 2022

Assented to December 8, 2022

CONTENTS

His Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Contents of this Act

1 This Act consists of this section, sections 2 and 3 and the Schedules to this Act.

Commencement

2 (1) Except as otherwise provided in this section, this Act comes into force on the day it receives Royal Assent.

(2) The Schedules to this Act come into force as provided in each Schedule.

(3) If a Schedule to this Act provides that any of its provisions are to come into force on a day to be named by proclamation of the Lieutenant Governor, a proclamation may apply to one or more of those provisions, and proclamations may be issued at different times with respect to any of those provisions.

Short title

3 The short title of this Act is the Better Municipal Governance Act, 2022.

SCHEDULE 1
CITY OF TORONTO ACT, 2006

1 Paragraph 3 of subsection 159 (1) of the City of Toronto Act, 2006 is amended by striking out “sections 5, 5.1 and 5.2” and substituting “sections 5, 5.1, 5.2 and 5.3”.

2 Section 160.1 of the Act is amended by striking out “section 5, 5.1 or 5.2” wherever it appears and substituting in each case “section 5, 5.1, 5.2 or 5.3”.

3 Section 226.7 of the Act is amended by striking out “sections 226.8 and 226.9” wherever it appears and substituting in each case “sections 226.8, 226.9 and 226.9.1”.

4 The French version of subsection 226.8 (1) of the Act is amended by striking out “pourrait” and substituting “pourrait potentiellement”.

5 The French version of section 226.9 of the Act is amended by striking out “pourrait” wherever it appears and substituting in each case “pourrait potentiellement”.

6 The Act is amended by adding the following section:

Powers re by-laws

226.9.1 (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.

Procedure

(2) Despite any procedure by-law passed by the City under subsection 189 (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 city council and require city council to consider and vote on the proposed by-law at a meeting.

Same

(3) The head of council shall, in accordance with the regulations, provide to the clerk and to each member of city council,

(a) a copy of any by-law proposed under subsection (2); and

(b) the head of council’s reasons for the proposal.

More than one-third vote required

(4) Despite any procedure by-law passed by the City under subsection 189 (2) and despite subsection 194 (3), 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.

Head of council may vote

(5) For greater certainty, the head of council may vote as a member of city council in a vote to pass a by-law described in subsection (2).

7 Clause 226.15 (1) (c) of the Act is amended by striking out “the head of council is required to follow in exercising a power or performing a duty under” and substituting “the head of council, city council and the clerk are required to follow in connection with”.

Commencement

8 This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

SCHEDULE 2
DUFFINS ROUGE AGRICULTURAL PRESERVE REPEAL...