Municipal Act, 2001
PART VI.1 OF THE ACT
Consolidation Period: From July 1, 2023 to the e-Laws currency date.
Last amendment: 180/23.
Legislative History: 581/22, 180/23.
This is the English version of a bilingual regulation.
Designated municipalities
1. The following municipalities are designated for the purpose of section 284.2 of the Act:
1. The Town of Ajax.
2. The City of Barrie.
3. The City of Brampton.
4. The City of Brantford.
5. The City of Burlington.
6. The Town of Caledon.
7. The City of Cambridge.
8. The Municipality of Clarington.
9. The City of Guelph.
10. The City of Hamilton.
11. The City of Kingston.
12. The City of Kitchener.
13. The City of London.
14. The City of Markham.
15. The Town of Milton.
16. The City of Mississauga.
17. The City of Niagara Falls.
18. The Town of Oakville.
19. The City of Oshawa.
20. The City of Ottawa.
21. The City of Pickering.
22. The City of Richmond Hill.
23. The City of St. Catharines.
24. The City of Vaughan.
25. The City of Waterloo.
26. The Town of Whitby.
27. The City of Windsor. O. Reg. 180/23, 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.