Regulation - Minister

Proposed Amendments to O. Reg. 529/22 and O. Reg. 530/22 to set out additional details on the proposed strong mayor power introduced in the Better Municipal Governance Act, 2022.

Regulation Number(s):
O. Reg. 529/22
O. Reg. 530/22
Instrument Type:
Regulation - Minister
Bill or Act:
Bill 39: Better Municipal Governance Act, 2022, Municipal Act, 2001 (MA) and City of Toronto Act, 2006 (COTA)
Summary of Decision:
O. Reg. 529/22: Part VI.1 of the Act under the COTA was amended by O. Reg. 583/22. O. Reg. 530/22: Part VI.1 of the Act under the MA was amended by O. Reg. 581/22.

Proposed contents for regulations were posted on Ontario's Regulatory Registry on December 6, 2022. Ministry received one submission from a stakeholder that was generally supportive of the proposed amendments.

O. Reg. 581/22 and O. Reg. 583/22 came into force on December 20, 2022.

These regulations set out additional details on the strong mayor power for heads of council set out in the Better Municipal Governance Act.

At this time, these regulations only apply to the City of Toronto and City of Ottawa.
Analysis of Regulatory Impact:
The regulations only apply to two municipalities at this time - the City of Toronto and City of Ottawa.

Local impacts will depend on how the heads of council in Toronto and Ottawa choose to use the strong mayor power and how the municipality will support the implementation of this power. There are no requirements in the regulations that would result in new administrative costs for municipalities. Municipalities may choose to update local processes and policies at any time, based on their local needs and circumstances.
Further Information:
Proposal Number:
22-MMAH032
Posting Date:
December 6, 2022
Summary of Proposal:
If passed, the Better Municipal Governance Act, 2022 would introduce a new power for the heads of council (HOC) of Toronto and Ottawa to further shared provincial-municipal priorities.

If passed, the Act would enable the HOC to propose municipal by-laws made under the Municipal Act, City of Toronto Act and Planning Act, if in the HOC's opinion, they could potentially advance a prescribed provincial priority, and enable council to pass the by-law if more than 1/3 of council members vote in favour.

If the Act is passed, the following matters are proposed to be included in regulations through amendments to O. Reg. 529/22 under COTA and O. Reg. 530/22 under MA.

Proposing to prescribe that the HOC's new 1/3 bylaw power under the Act, if passed:
-Would apply to by-laws made under section 2 of the Development Charges Act.
-Would not apply to by-laws related to the municipal budget (process for the municipal budget is outlined in O. Reg. 529/22 and O. Reg. 530/22).
-Would not apply to procedural by-laws and decisions related to filling a vacancy on council.

If the Better Municipal Governance Act, 2022 passes, it is proposed that these amendments to the regulations would come into effect upon proclamation of the Act.
Contact Address:
Ministry of Municipal Affairs and Housing
Local Government Policy Branch
777 Bay St., 13th Floor
Toronto, ON, M7A 2J3
Effective Date:
December 20, 2022
Decision:
Approved