Act
Proclamation of the Strong Mayors, Building Homes Act, 2022
Regulation Number(s):
N/A
Instrument Type:
Act
Bill or Act:
Municipal Act, 2001 (MA), City of Toronto Act, 2006 (COTA), and Municipal Conflict of Interest Act, 1990 (MCIA)
Summary of Decision:
On September 8, 2022, the Strong Mayors, Building Homes Act, 2022 received Royal Assent and came into force on November 23, 2022.
Amendments to the MA, COTA and MCIA, along with associated regulations, provide the heads of council (HOC) in Toronto and Ottawa with new powers and duties, including:
- appointing a Chief Administrative Officer
- hiring certain municipal department heads (other than those specifically excluded), and changing the municipal organizational structure
- appointing chairs/vice-chairs of prescribed committees, establishing new committees and assigning functions to prescribed committees
- bringing matters for council consideration that could advance a prescribed provincial priority
- vetoing by-laws if they could interfere with a prescribed provincial priority
- proposing the municipal budget
The amendments allow municipal councils to make changes to the municipal budget, however, the HOC could veto those changes. If the HOC vetoes any budget changes or by-laws, a council can override the veto with a 2/3 majority vote.
The HOC can direct staff to do certain things related to their additional powers and duties.
The HOC is subject to rules in the MCIA that limit the HOC's use of their new powers or duties where they have certain financial interest in a municipal matter.
Legislative changes require strong mayor municipalities to fill a HOC's vacant seat through a by-election. If a HOC's seat became vacant after March 31 in the year of a regular municipal election, the municipality would be required to appoint a HOC, who would not have these new powers. This does not impact the flexibility designated municipalities have in deciding how to fill other vacant council seats.
The legislative changes also establish new LGIC and Minister's regulation making authorities.
These legislative changes empower the HOC of Toronto and Ottawa and give them more authority to move forward on shared provincial-municipal priorities.
Amendments to the MA, COTA and MCIA, along with associated regulations, provide the heads of council (HOC) in Toronto and Ottawa with new powers and duties, including:
- appointing a Chief Administrative Officer
- hiring certain municipal department heads (other than those specifically excluded), and changing the municipal organizational structure
- appointing chairs/vice-chairs of prescribed committees, establishing new committees and assigning functions to prescribed committees
- bringing matters for council consideration that could advance a prescribed provincial priority
- vetoing by-laws if they could interfere with a prescribed provincial priority
- proposing the municipal budget
The amendments allow municipal councils to make changes to the municipal budget, however, the HOC could veto those changes. If the HOC vetoes any budget changes or by-laws, a council can override the veto with a 2/3 majority vote.
The HOC can direct staff to do certain things related to their additional powers and duties.
The HOC is subject to rules in the MCIA that limit the HOC's use of their new powers or duties where they have certain financial interest in a municipal matter.
Legislative changes require strong mayor municipalities to fill a HOC's vacant seat through a by-election. If a HOC's seat became vacant after March 31 in the year of a regular municipal election, the municipality would be required to appoint a HOC, who would not have these new powers. This does not impact the flexibility designated municipalities have in deciding how to fill other vacant council seats.
The legislative changes also establish new LGIC and Minister's regulation making authorities.
These legislative changes empower the HOC of Toronto and Ottawa and give them more authority to move forward on shared provincial-municipal priorities.
Analysis of Regulatory Impact:
The Act applies 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 and how the municipality will support the implementation of these powers and duties 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 their local needs and circumstances.
The Act includes checks and balances (e.g., council override) as well as accountability and transparency mechanisms to help hold heads of council accountable (e.g., written documentation requirements).
Local impacts will depend on how the heads of council (HOC) in Toronto and Ottawa choose to use these strong mayor powers and how the municipality will support the implementation of these powers and duties 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 their local needs and circumstances.
The Act includes checks and balances (e.g., council override) as well as accountability and transparency mechanisms to help hold heads of council accountable (e.g., written documentation requirements).
Further Information:
O. Reg. 529/22: PART VI.1 OF THE ACT
Proposal Number:
23-MMAH011
Posting Date:
Summary of Proposal:
On August 10, 2022, the Ontario government introduced legislation that would give the heads of council (HOC) of Toronto and Ottawa more responsibility to deliver on shared provincial-municipal priorities, including building 1.5 million new homes over the next 10 years.
If passed, the Strong Mayors, Building Homes Act, would give the HOC of Toronto and Ottawa the ability to move priority projects forward and get more homes built faster.
Proposed changes include:
- hiring the Chief Administrative Officer and municipal department heads, and create and re-organize departments
- appointing chairs/vice-chairs for identified committees and local boards, and establish new identified committees
- bringing matters for council consideration related to provincial priorities
- vetoing by-laws approved by council if they relate to matters of provincial priority
- proposing the municipal budget
These proposed measures would allow council to have the ability to propose amendments to the municipal budget. Council would also be able to override the HOC's veto of any budget amendments and by-laws related to provincial priorities with a 2/3 majority vote.
If passed, these changes would require a municipality to fill the HOC's seat through a by-election. If a HOC's seat becomes vacant after March 31 in the year of a regular municipal election, the municipality would be required to appoint a HOC, who would not have these new powers.
If passed, the Strong Mayors, Building Homes Act, would give the HOC of Toronto and Ottawa the ability to move priority projects forward and get more homes built faster.
Proposed changes include:
- hiring the Chief Administrative Officer and municipal department heads, and create and re-organize departments
- appointing chairs/vice-chairs for identified committees and local boards, and establish new identified committees
- bringing matters for council consideration related to provincial priorities
- vetoing by-laws approved by council if they relate to matters of provincial priority
- proposing the municipal budget
These proposed measures would allow council to have the ability to propose amendments to the municipal budget. Council would also be able to override the HOC's veto of any budget amendments and by-laws related to provincial priorities with a 2/3 majority vote.
If passed, these changes would require a municipality to fill the HOC's seat through a by-election. If a HOC's seat becomes vacant after March 31 in the year of a regular municipal election, the municipality would be required to appoint a HOC, who would not have these new powers.
Contact Address:
Ministry of Municipal Affairs and Housing 
Local Government Policy Branch 
777 Bay St., 13th Floor 
Toronto, ON, M7A 2J3 
Local Government Policy Branch 
777 Bay St., 13th Floor 
Toronto, ON, M7A 2J3 
Royal Assent Date:
November 23, 2022
Decision:
Approved