Stronger City of Toronto for a Stronger Ontario Act, 2006, S.O. 2006, c. 11 - Bill 53

• Jurisdiction: Ontario
• Date: 12 June 2006
• Bill Number: 53

EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 53 and does not form part of the law. Bill 53 has been enacted as Chapter 11 of the Statutes of Ontario, 2006.

The Bill enacts the City of Toronto Act, 2006, which is set out in Schedule A. The Bill also amends various public Acts in respect of municipal matters, and those amendments are set out in Schedule B. Various private Acts relating to the City of Toronto are repealed by Schedule C. Here is a description of some of the highlights of the Bill.

schedule a
city of toronto act, 2006

Part I of the Act (Interpretation):

Part I of the Act governs the interpretation of the Act. Section 1 sets out the principles that govern the interpretation of the Act. Section 2 describes the purposes of the Act. Provision is made for the Act to be reviewed after two years and then every five years thereafter.

Part II of the Act (General Powers of the City):

Part II of the Act governs the City’s general powers. Currently, the City’s general powers are governed by Part II of the Municipal Act, 2001 (General Powers).

Section 6 provides that the City’s powers are to be interpreted broadly. Section 7 provides that the City has the powers of a natural person. Section 8 authorizes the City to provide any service or thing that the City considers necessary or desirable for the public, and sets out matters in respect of which the City may pass by-laws. Section 11 provides that a city by-law is without effect to the extent that it conflicts with a provincial or federal Act or regulation, or an instrument of a legislative nature made under such an Act or regulation. Sections 12 to 15 set out general restrictions that apply to the City’s exercise of its general powers.

Sections 20 to 24 govern the City’s delegation of its powers and duties under this or any other Act. Section 21 sets out restrictions on the City’s authority to delegate its legislative and quasi-judicial powers. Section 22 specifies the powers and duties that the City cannot delegate.

Under section 25, the Lieutenant Governor in Council may make regulations imposing temporary limits and conditions on the City’s powers under certain sections of the Act, or providing that the City cannot exercise those powers in prescribed circumstances, if the Lieutenant Governor in Council considers that it is necessary or desirable in the provincial interest to do so. Additional regulation-making authority is set out in sections 26 to 28.

Part III of the Act (General Powers: Limits and Additions):

Part III of the Act sets out procedural and other requirements that the City must follow when exercising its general powers with respect to particular types of matters. This Part also sets out additional powers and duties of the City respecting specified matters. The matters addressed in this Part include,

- highways

- transportation

- waste management

- public utilities

- economic development

- licences

- land use planning

Currently, the City’s powers and duties with respect to these matters are governed by Part III of the Municipal Act, 2001 (Specific Municipal Powers) and by Part IV of that Act (Licensing and Registration).

Section 81 of the Act enables the City to impose administrative penalties that are payable by persons who contravene parking by-laws. Section 118 sets out related regulation-making powers.

Section 82 of the Act continues the current prohibition in section 106 of the Municipal Act, 2001 against the City giving assistance to a manufacturing business or other industrial or commercial enterprise through the granting of bonuses for that purpose. However, the City is authorized to provide financial incentives to commercial enterprises in specified circumstances.

Sections 85 to 96 govern the City’s authority to license businesses. Supplementary powers are set out in section 92 with respect to adult entertainment establishments, section 93 with respect to tow trucks and section 94 with respect to taxicabs. The restriction under the Municipal Act, 2001 concerning the City’s power to license taxicabs to transport passengers to an airport outside the City is discontinued.

Section 108 authorizes the City to pass by-laws requiring and governing the use of green roofs.

Sections 111 to 114 govern certain land use planning powers of the City, including the demolition or conversion of residential rental properties and the zoning requirements respecting height and density. Under section 115, the City may establish one appeal body for local land use planning matters. The appeal body is authorized to hear appeals under specified provisions of the Planning Act. For those purposes, the appeal body has the powers and duties of the Ontario Municipal Board under that Act. Section 123 sets out related regulation-making powers.

Part IV of the Act (The City and Its Governance):

Part IV of the Act sets out the framework for the governance structure of the City. Under section 125, the City is continued as a body corporate composed of its inhabitants. Its geographic boundaries, its wards and its council are continued. The City is authorized to make changes to its governance structure, including changes to its wards and changes to the size and composition of city council.

The roles of city council, the mayor and the officers and employees of the City are described in sections 131 to 140. Under section 152, the Lieutenant Governor in Council may make regulations concerning the City’s governance structure, including regulations requiring city council to appoint an executive committee and establish other committees and requiring the mayor to nominate or appoint a chief administrative officer for the City.

Section 141 authorizes the City to establish city boards. The City may assign a city board powers and duties with respect to the control and management of municipal services and activities. Sections 141 to 147 set out the City’s powers with respect to city boards and other local boards. Regulation-making authority concerning the City’s power to change or dissolve local boards is set out in section 153.

Section 148 authorizes the City to establish corporations, subject to certain restrictions. Related regulation-making authority is set out in section 154.

Section 149 authorizes the City to make a proposal for minor restructuring of municipalities to the Minister of Municipal Affairs and Housing. Related regulation-making authority is set out in section 155. Currently, municipal restructuring with respect to the City is governed by Part V of the Municipal Act, 2001 (Municipal Reorganization).

Part V of the Act (Accountability and Transparency):

Part V of the Act provides for the establishment of mechanisms and offices relating to the accountability of the City.

Section 157 requires the City to establish codes of conduct for members of city council and members of certain local boards.

Section 158 requires the City to appoint an Integrity Commissioner who reports to city council. The responsibilities, powers and duties of the Commissioner are described in section 159. If the Commissioner reports to city council that, in his or her opinion, a member of council or a member of a local board has contravened the code of conduct, the council may impose specified penalties on the member under subsection 160 (5). Penalties that may be imposed by the local board are described in subsection 160 (6).

Section 165 requires the City to establish a registry of returns filed by persons who lobby public office holders. “Public office holder” is defined in section 156. In section 166, provision is made for a system of registration. Section 168 authorizes the City to appoint a registrar for lobbying matters, and to assign functions to the registrar.

Section 170 requires the City to appoint an Ombudsman who reports to city council. The function, powers and duties of the Ombudsman are described in section 167. In section 172, provision is made for the Ombudsman to conduct investigations.

Section 177 requires the City to appoint an Auditor General who reports to city council. The responsibilities, powers and duties of the Auditor General are described in section 178. Sections 179 and 180 provide for the Auditor General’s access to information and records.

Part VI of the Act (Practices and Procedures):

Part VI of the Act governs the manner in which city council conducts its business. This Part includes provisions respecting meetings of city council, the eligibility of persons to hold office, vacancies on council, the procedure for quashing by-laws and other matters. Currently, the City’s powers and duties with respect to these matters are governed by Part VI of the Municipal Act, 2001 (Practices and Procedures).

Section 212 requires the City to adopt policies with respect to specified matters such as the sale of land, the hiring of city employees, the procurement of goods and services and the financing of capital works.

Section 224 authorizes the City to provide for a review or appeal of a decision made by a person or body under authority delegated by the City.

Part VII of the Act (Financial Administration):

Part VII of the Act governs the financial administration of the City and its local boards. Currently, those matters are governed by Part VII of the Municipal Act, 2001 (Financial Administration).

Sections 228 and 229 of the Act provide for the City’s budget process. Section 230 requires the City to give an annual return containing financial information to the Minister of Municipal Affairs and Housing. Sections 231 and 232 require the City to prepare and publish annual financial statements. Sections 233 to 235 govern the auditing of the financial records of the City and of certain local boards.

Part VIII of the Act (Finances):

Part VIII of the Act sets out the City’s authority to engage in financial activities such as borrowing and investing. Section 245...