Regulation - LGIC

Proposed regulations to prescribe provincial priorities related to the Strong Mayors, Building Homes Act, 2022 and the proposed Better Municipal Governance Act, 2022

Regulation Number(s):
N/A
Instrument Type:
Regulation - LGIC
Bill or Act:
Municipal Act, 2001 and City of Toronto Act, 2006
Summary of Decision:
O. Reg. 582/22: Provincial Priorities under the COTA and O. Reg. 580/22: Provincial Priorities under the MA came into force on December 20, 2022.

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 provincial priorities.

Prescribed provincial priorities are:

1.Building 1.5 million new residential units by December 31, 2031

2.Constructing and maintaining infrastructure to support housing, including, transit, roads, utilities, and servicing.
Analysis of Regulatory Impact:
The regulations 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 (HOC) in Toronto and Ottawa choose to use these strong mayor powers related to provincial priorities and how the municipality will support the implementation of these powers for the HOC. There are no requirements in the legislation that would result in new administrative costs for municipalities. Municipalities may choose to update local processes and policies at any time, based on local needs and circumstances.
Further Information:
Proposal Number:
22-MMAH031
Posting Date:
December 6, 2022
Summary of Proposal:
The Strong Mayors, Building Homes Act, 2022 sets out strong mayor powers and duties for the head of council (HOC) and provides a LGIC regulation making authority to prescribe provincial priorities. If passed, the Better Municipal Governance Act, 2022 would introduce a new power for the HOC of Toronto and Ottawa to further shared provincial-municipal priorities.

The Ministry of Municipal Affairs and Housing is proposing LGIC regulations under the Municipal Act, 2001 and City of Toronto Act, 2006 to support implementation of strong mayor powers related to provincial priorities set out in the Strong Mayors, Building Homes Act and proposed in the Better Municipal Governance Act.

The following provincial priorities were also posted on Ontario's Regulatory Registry in October and are proposed to be included in new LGIC regulations:
1.Building 1.5 million new residential units by December 31, 2031.
2.Constructing and maintaining infrastructure to support housing, including, transit, roads, utilities, and servicing.

Prescribing provincial priorities is required to help ensure the implementation of some strong mayor powers, including the proposed new power. For example:
-the power for the HOC to veto bylaws approved by council if they could interfere with provincial priorities;
-to bring matters for council consideration that could advance provincial priorities; and
-the proposed power for the HOC to propose certain municipal by-laws related to provincial priorities and enable council to pass these by-laws if more than one-third of council members vote in favour.

If the Better Municipal Governance Act, 2022 passes, it is proposed that these 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