O. Reg. 530/22: PART VI.1 OF THE ACT, Municipal Act, 2001
Municipal Act, 2001
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
Designated municipalities | |
In writing requirements re s. 284.3 of Act | |
Other in writing requirements | |
Prescribed committees | |
Veto power, s. 284.11 of Act | |
Vacancy, upper-tier municipality | |
Limitations on delegation, s. 284.13 of Act | |
Annual budget | |
Budget process — conflict of interest | |
Budget process — in-year budget amendments | |
Powers re by-laws, s. 284.11.1 of the Act | |
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.