ontario regulation 189/26

made under the

Municipal Act, 2001

Made: June 19, 2026
Filed: June 22, 2026
Published on e-Laws:
Published in The Ontario Gazette: July 11, 2026

Amending O. Reg. 530/22

(PART VI.1 OF THE ACT)

1. Section 7 of Ontario Regulation 530/22 is amended by adding the following subsection:

(1.1) Despite subsection (1), the head of council may propose a budget for a year immediately following a year in which a regular election is held only in the year to which the budget applies.

2. The Regulation is amended by adding the following section:

Limit on certain powers, head of council

11. (1) The head of council shall not use any of the powers described in subsection (3) after the first day during the election for a new council on which it can be determined that one of the following applies to the new council or new head of council that will take office following the election:

1. If the new council will have the same number of members as the outgoing council, the new council will include less than three-quarters of the members of the outgoing council.

2. If the new council will have more members than the outgoing council, the new council will include less than three-quarters of the members of the outgoing council or, if the new council will include at least three-quarters of the members of the outgoing council, three-quarters of the members of the outgoing council will not constitute, at a minimum, a majority of the members of the new council.

3. If the new council will have fewer members than the outgoing council, less than three-quarters of the members of the new council will have been members of the outgoing council or, if at least three-quarters of the members of the new council will have been members of the outgoing council, three-quarters of the members of the new council will not constitute, at a minimum, a majority of the members of the outgoing council.

4. The new council does not have the same head of council as the outgoing council.

(2) If a determination under subsection (1) is made,

(a) after nomination day but before voting day, the determination shall be based on the nominations to the new council that have been certified and any acclamations made to the new council; or

(b) after voting day, the determination shall be based on the declaration of the results of the election, including declarations of election by acclamation.

(3) The powers referred to in subsection (1) are,

(a) appointing a chief administrative officer under section 284.5 of the Act;

(b) determining the organizational structure of the municipality under section 284.6 of the Act; and

(c) proposing a by-law under section 284.11.1 of the Act if the proposed by-law would authorize,

(i) the disposition of any real or personal property of the municipality that has a value exceeding $50,000 at the time of disposal, or

(ii) making any expenditure or incurring any other liability that exceeds $50,000.

(4) Clause (3) (c) does not apply if the disposition or liability was included in the most recent budget adopted by the municipality before nomination day in the election.

(5) Nothing in this section prevents a head of council from using any power in the event of an emergency.

(6) Nothing in this section prevents a chief administrative officer or council from exercising any power of a head of council that is delegated to the chief administrative officer or council prior to nomination day for the election of the new council.

3. (1) Schedule 1 to the Regulation is amended by adding the following items:

46.1	Regional Municipality of Durham

. . . . .

71.1	Regional Municipality of Halton

. . . . .

118.1

Regional Municipality of Muskoka

. . . . .

122.1

Regional Municipality of Niagara

. . . . .

140.1

Regional Municipality of Peel

. . . . .

169.1

County of Simcoe

. . . . .

203.1

Regional Municipality of Waterloo

. . . . .

216.	Regional Municipality of York

(2) Item 101 of Schedule 1 to the Regulation is revoked.

Commencement

4. (1) Except as otherwise provided in this section, this Regulation comes into force on the day it is filed.

(2) Section 3 comes into force on the later of November 15, 2026 and the day this Regulation is filed.

Made by:
Pris par :

Le ministre des Affaires municipales et du Logement,

Rob Flack

Minister of Municipal Affairs and Housing

 

Date made: June 19, 2026
Pris le : 19 juin 2026