O. Reg. 530/22: PART VI.1 OF THE ACT, Municipal Act, 2001

Municipal Act, 2001

ONTARIO REGULATION 530/22

PART VI.1 OF THE ACT

Consolidation Period:  From May 1, 2025 to the e-Laws currency date.

Last amendment: 41/25.

Legislative History: 581/22, 180/23, 331/23, 30/25, 41/25.

This is the English version of a bilingual regulation.

CONTENTS

1.

Designated municipalities

2.

In writing requirements re s. 284.3 of Act

3.

Other in writing requirements

4.

Prescribed committees

5.

Veto power, s. 284.11 of Act

5.1

Vacancy, upper-tier municipality

6.

Limitations on delegation, s. 284.13 of Act

7.

Annual budget

8.

Budget process — conflict of interest

9.

Budget process — in-year budget amendments

10.

Powers re by-laws, s. 284.11.1 of the Act

Schedule 1

Designated municipalities

 

Designated municipalities

1. The municipalities set out in Schedule 1 are designated for the purposes of section 284.2 of the Act. O. Reg. 41/25, s. 1.

In writing requirements re s. 284.3 of Act

2. When directing municipal employees under section 284.3 of the Act, the head of council shall, by the next business day, provide a written record of the direction to the clerk and chief administrative officer, if one is appointed.

Other in writing requirements

3. Except as otherwise provided in the Act and this Regulation, when exercising a power or performing a duty under Part VI.1 of the Act the head of council shall,

(a)  by the next business day, provide the written record produced in accordance with subsection 284.4 (1) of the Act to each member of council and to the clerk; and

(b)  subject to the Municipal Freedom of Information and Protection of Privacy Act, make the written record available to the public.

Prescribed committees

4. Committees established under the Act that consist solely of members of council are prescribed for the purposes of section 284.8 of the Act.

Veto power, s. 284.11 of Act

5. (1) Section 284.11 of the Act does not apply with respect to by-laws under sections 289 and 290 of the Act.

(2) Section 284.11 of the Act applies with respect to by-laws under section 2 of the Development Charges Act, 1997.

Vacancy, upper-tier municipality

5.1 If a vacancy in the office of the head of council of a local municipality causes a vacancy on the council of its upper-tier municipality, the local municipality and not the upper-tier municipality shall fill the vacancy in accordance with section 284.12 of the Act. O. Reg. 180/23, s. 2.

Limitations on delegation, s. 284.13 of Act

6. (1) The head of council may not delegate their powers and duties under the sections referred to in paragraphs 1 and 4 of subsection 284.13 (1) of the Act except to council.

(2) The head of council may not delegate their powers and duties under the section referred to in paragraph 2 of subsection 284.13 (1) of the Act except to council or to the chief administrative officer, if one is appointed.

Annual budget

7. (1) The head of council shall, on or before February 1 of each year,

(a)  prepare a proposed budget for the municipality that includes the estimates of sums required under subsection 289 (1) or 290 (1) of the Act, as the case may be;

(b)  provide the proposed budget to each member of council and to the clerk; and

(c)  make the proposed budget available to the public.

(2) If the head of council does not propose a budget to council by February 1 in accordance with subsection (1), the council shall prepare and adopt the budget for the municipality.

(3) Subject to subsection (4), within 30 days after receiving the proposed budget from the head of council in accordance with clause (1) (b), the council may pass a resolution making an amendment to the proposed budget.

(4) A council may in a year pass a resolution to shorten the 30-day period referred to in subsection (3) for the year.

(5) If council does not pass a resolution under subsection (3) within 30 days, or, if a shorter period is set under subsection (4), within that period, the proposed budget shall be deemed to be adopted by the municipality.

(6) Subject to subsection (7), within 10 days after the expiry of the time period for council to pass a resolution under subsection (3), the head of council may veto a resolution passed by council under subsection (3) by providing on the day of the veto to each member of council and to the clerk a written veto document that includes the veto and the reasons for the veto.

(7) The head of council may in a year shorten the 10-day period referred to in subsection (6) for the year by providing to each member of council and to the clerk a written document specifying a shorter period.

(8) If the head of council vetoes a resolution in accordance with subsection (6), the resolution shall be deemed not to have been passed by council.

(9) If the head of council does not veto a resolution in accordance with subsection (6) within 10 days or, if a shorter period is set under subsection (7), within that period, the proposed budget shall be deemed to be adopted by the municipality.

(10) Subject to subsection (11), within 15 days after the expiry of the time period for the head of council to veto a resolution under subsection (6), council may override the head of council’s veto if two-thirds of the members of council vote to override the veto.

(11) A council may in a year pass a resolution to shorten the 15-day period referred to in subsection (10) for the year.

(12) For greater certainty, the head of council may vote as a member of council in a vote to override a veto.

(13) If the council overrides the veto under subsection (10), subsection (8) does not apply, and the resolution shall be deemed to be passed by council.

(14) After the expiry of the time period for council to override the head of council’s veto under subsection (10), the proposed budget is deemed to be adopted by the municipality.

Budget process — conflict of interest

8. If, under section 5.3 of the Municipal Conflict of Interest Act, the head of council is prohibited from using the power and exercising the duty under subsection 284.16 (2) of the Act to prepare the proposed budget for the municipality with respect to a matter,

(a)  council may pass a resolution to amend the proposed budget with respect to the matter; and

(b)  the head of council may not veto the resolution.

Budget process — in-year budget amendments

9. (1) The head of council may, for the purpose of raising an additional general upper-tier levy or a special upper-tier levy in the year under section 311 of the Act or a general local municipality levy or a special local municipality levy in the year under 312 of the Act, as the case may be, prepare a proposed budget amendment for the municipality and,

(a)  provide the proposed budget amendment to each member of council and to the clerk; and

(b)  make the proposed budget amendment available to the public.

(2) Subject to subsection (3), within 21 days after receiving the proposed budget amendment from the head of council in accordance with subsection (1), the council may pass a resolution making an amendment to the proposed budget amendment.

(3) A council may in a year pass a resolution to shorten the 21-day period referred to in subsection (2) for the year.

(4) If council does not pass a resolution under subsection (2) within 21 days, or, if a shorter period is set under subsection (3), within that period, the proposed budget amendment shall be deemed to be adopted by the municipality.

(5) Subject to subsection (6), within 5 days after the expiry of the time period for council to pass a resolution under subsection (2), the head of council may veto a resolution passed by council under subsection (2) by providing to each member of council and to the clerk, on the day of the veto, a written veto document that includes the veto and the reasons for the veto.

(6) The head of council may in a year shorten the 5-day period referred to in subsection (5) for the year by providing to each member of council and to the clerk a written document specifying a shorter period.

(7) If the head of council vetoes a resolution in accordance with subsection (5), the resolution shall be deemed not to have been passed by council.

(8) If the head of council does not veto a resolution in accordance with subsection (5) within 5 days, or, if a shorter period is set under subsection (6), within that period, the proposed budget amendment shall be deemed to be adopted by the municipality.

(9) Subject to subsection (10), within 10 days after the expiry of the time period for the head of council to veto a resolution under subsection (5), council may override the head of council’s veto if two-thirds of the members of council vote to override the veto.

(10) A council may in a year pass a resolution to shorten the 10-day period referred to in subsection (9) for the year.

(11) For greater certainty, the head of council may vote as a member of council in a vote to override a veto.

(12) If the council overrides the veto under subsection (9), subsection (7) does not apply, and the resolution shall be deemed to be passed by council.

(13) After the expiry of the time period for council to override the head of council’s veto under subsection (9), the proposed budget amendment is deemed to be adopted by the municipality.

Powers re by-laws, s. 284.11.1 of the Act

10. (1) Section 284.11.1 of the Act does not apply with respect to,

(a)  by-laws under sections 238, 289 and 290 of the Act; and

(b)  by-laws with respect to the filling of vacancies under section 263 of the Act. O. Reg. 581/22, s. 1.

(2) Section 284.11.1 of the Act applies with respect to by-laws under section 2 of the Development Charges Act, 1997. O. Reg. 581/22, s. 1.

SCHEDULE 1
DESIGNATED MUNICIPALITIES

Item

Municipality

1.

Township of Adjala-Tosorontio

2.

Town of Ajax

3.

Town of Amherstburg

4.

Town of Arnprior

5.

Municipality of Arran-Elderslie

6.

Township of Ashfield-Colborne-Wawanosh

7.

Township of Athens

8.

Town of Atikokan

9.

Town of Aurora

10.

Town of Aylmer

11.

Town of Bancroft

12.

City of Barrie

13.

City of Belleville

14.

Township of Black River-Matheson

15.

Town of Blind River

16.

Municipality of Bluewater

17.

Town of Bracebridge

18.

Town of Bradford West Gwillimbury

19.

City of Brampton

20.

County of Brant

21.

City of Brantford

22.

Municipality of Brighton

23.

Township of Brock

24.

Municipality of Brockton

25.

City of Brockville

26.

City of Burlington

27.

Town of Caledon

28.

City of Cambridge

29.

Town of Carleton Place

30.

Municipality of Central Elgin

31.

Township of Central Frontenac

32.

Municipality of Central Huron

33.

Municipality of Central Manitoulin

34.

Township of Centre Wellington

35.

Township of Champlain

36.

Municipality of Chatham-Kent

37.

City of Clarence-Rockland

38.

Municipality of Clarington

39.

Township of Clearview

40.

Town of Cobalt

41.

Town of Cobourg

42.

Town of Cochrane

43.

Town of Collingwood

44.

City of Cornwall

45.

Town of Deep River

46.

City of Dryden

47.

United Townships of Dysart, Dudley, Harcourt, Guilford, Harburn, Bruton, Havelock, Eyre and Clyde

48.

Town of East Gwillimbury

49.

Township of East Zorra-Tavistock

50.

Township of Elizabethtown-Kitley

51.

City of Elliot Lake

52.

Town of Englehart

53.

Town of Espanola

54.

Town of Essex

55.

Town of Fort Erie

56.

Town of Fort Frances

57.

Municipality of French River

58.

Town of Gananoque

59.

Township of Georgian Bay

60.

Township of Georgian Bluffs

61.

Town of Georgina

62.

Town of Goderich

63.

Town of Gore Bay

64.

Town of Gravenhurst

65.

Town of Greater Napanee

66.

City of Greater Sudbury

67.

Municipality of Greenstone

68.

Municipality of Grey Highlands

69.

Town of Grimsby

70.

City of Guelph

71.

Haldimand County

72.

Town of Halton Hills

73.

City of Hamilton

74.

Town of Hanover

75.

Municipality of Hastings Highlands

76.

Town of Hawkesbury

77.

Town of Hearst

78.

Town of Huntsville

79.

Municipality of Huron East

80.

Municipality of Huron Shores

81.

Township of Huron-Kinloss

82.

Town of Ingersoll

83.

Town of Innisfil

84.

Town of Iroquois Falls

85.

Town of Kapuskasing

86.

City of Kawartha Lakes

87.

City of Kenora

88.

Township of Killaloe, Hagarty & Richards

89.

Municipality of Killarney

90.

Municipality of Kincardine

91.

Township of King

92.

City of Kingston

93.

Town of Kingsville

94.

Town of Kirkland Lake

95.

City of Kitchener

96.

Township of Lake of Bays

97.

Municipality of Lakeshore

98.

Municipality of Lambton Shores

99.

Township of Lanark Highlands

100.

Town of LaSalle

101.

Town of Latchford

102.

Township of Laurentian Valley

103.

Municipality of Leamington

104.

Township of Leeds and the Thousand Islands

105.

Town of Lincoln

106.

City of London

107.

Loyalist Township

108.

Township of Malahide

109.

City of Markham

110.

Town of Mattawa

111.

Municipality of Meaford

112.

Municipality of Middlesex Centre

113.

Town of Midland

114.

Town of Milton

115.

Township of Minden Hills

116.

Town of Minto

117.

City of Mississauga

118.

Municipality of Mississippi Mills

119.

Township of Muskoka Lakes

120.

The Nation Municipality

121.

Municipality of Neebing

122.

Town of New Tecumseth

123.

City of Niagara Falls

124.

Town of Niagara-on-the-Lake

125.

Norfolk County

126.

City of North Bay

127.

Township of North Frontenac

128.

Township of North Glengarry

129.

Township of North Huron

130.

Municipality of North Middlesex

131.

Municipality of North Perth

132.

Town of Northeastern Manitoulin and the Islands

133.

Town of Oakville

134.

Town of Orangeville

135.

City of Orillia

136.

Township of Oro-Medonte

137.

City of Oshawa

138.

City of Ottawa

139.

City of Owen Sound

140.

Town of Parry Sound

141.

Town of Pelham

142.

City of Pembroke

143.

Town of Penetanguishene

144.

Town of Perth

145.

Township of Perth East

146.

Township of Perth South

147.

Town of Petawawa

148.

City of Peterborough

149.

Town of Petrolia

150.

City of Pickering

151.

Town of Plympton-Wyoming

152.

City of Port Colborne

153.

Municipality of Port Hope

154.

Town of Prescott

155.

County of Prince Edward

156.

City of Quinte West

157.

Town of Rainy River

158.

Township of Ramara

159.

Town of Renfrew

160.

City of Richmond Hill

161.

Township of Rideau Lakes

162.

Township of Sables-Spanish Rivers

163.

City of Sarnia

164.

Town of Saugeen Shores

165.

City of Sault Ste. Marie

166.

Township of Scugog

167.

Township of Seguin

168.

Township of Severn

169.

Town of Shelburne

170.

Municipality of Sioux Lookout

171.

Town of Smiths Falls

172.

Township of South Algonquin

173.

Municipality of South Bruce

174.

Township of South Frontenac

175.

Municipality of South Huron

176.

Township of Southgate

177.

Municipality of Southwest Middlesex

178.

Township of South-West Oxford

179.

Township of Springwater

180.

City of St. Catharines

181.

Township of St. Clair

182.

Town of St. Marys

183.

City of St. Thomas

184.

Township of Stone Mills

185.

City of Stratford

186.

Municipality of Strathroy-Caradoc

187.

Township of Tay

188.

Tay Valley Township

189.

Town of Tecumseh

190.

Municipality of Temagami

191.

City of Temiskaming Shores

192.

Township of The Archipelago

193.

Town of The Blue Mountains

194.

Town of Thessalon

195.

City of Thorold

196.

City of Thunder Bay

197.

Town of Tillsonburg

198.

City of Timmins

199.

Municipality of Trent Hills

200.

Township of Uxbridge

201.

City of Vaughan

202.

Town of Wasaga Beach

203.

City of Waterloo

204.

City of Welland

205.

Municipality of West Grey

206.

Township of West Lincoln

207.

Municipality of West Nipissing

208.

Municipality of West Perth

209.

Town of Whitby

210.

Town of Whitchurch-Stouffville

211.

Township of Whitewater Region

212.

Township of Wilmot

213.

City of Windsor

214.

City of Woodstock

215.

Township of Woolwich

O. Reg. 41/25, s. 2.