PART VI.1 SPECIAL POWERS AND DUTIES OF THE HEAD OF COUNCIL
Application
226.9 (1) This section applies with respect to by-laws under, (a) this Act and the regulations, other than under any prescribed section; (b) the Planning Act and its regulations, other than any prescribed section; and (c) any other prescribed Act or regulation or prescribed section of an Act or regulation. 2022, c. 18, Sched. 1, s. 2. By-law for consideration (2) Despite any procedure by-law passed by the City under subsection 189 (2) and subject to subsection (3) of this section, if the head of council is of the opinion that all or part of a by-law that is subject to this section could potentially interfere with a prescribed provincial priority, the head of council may provide written notice to city council of the intent to consider vetoing the by-law. 2022, c. 18, Sched. 1, s. 2; 2022, c. 24, Sched. 1, s. 5. Same, timing (3) If the head of council intends to consider vetoing the by-law, the head of council shall provide the written notice described in subsection (2) on or before the earlier of two days after the day city council voted in favour of the by-law or the prescribed deadline, if any. 2022, c. 18, Sched. 1, s. 2. By-law commencement (4) Despite any other Act, a by-law that is subject to this section shall be deemed not to have been passed by city council until, (a) if notice has not been given under subsection (3), the earlier of, (i) the day written approval of the by-law is given by the head of council to the City, and (ii) two days after the day city council voted in favour of the by-law or the prescribed deadline, as the case may be; or (b) if notice has been given under subsection (3), the earlier of, (i) the day written approval of the by-law is given by the head of council to the City, and (ii) 14 days, or such other prescribed time period, after the day city council voted in favour of the by-law. 2022, c. 18, Sched. 1, s. 2. Veto powers (5) Subject to subsection (6), if the head of council is of the opinion that all or part of the by-law could potentially interfere with a prescribed provincial priority, the head of council may veto the by-law by providing to the clerk, on the day of the veto, a written veto document that includes the veto and the reasons for the veto. 2022, c. 18, Sched. 1, s. 2; 2022, c. 24, Sched. 1, s. 5. Same, timing (6) The head of council shall not veto a by-law after giving approval under subclause (4) (b) (i) or after the expiry of the time period described in subclause (4) (b) (ii), as the case may be. 2022, c. 18, Sched. 1, s. 2. Duties of clerk (7) If the head of council vetoes a by-law the clerk shall, (a) by the next business day after the clerk receives the written veto document under subsection (5), provide each member of city council, other than the head of council, a copy of the written veto document; and (b) make the written veto document available to the public in accordance with the regulations, if any. 2022, c. 18, Sched. 1, s. 2. Effect of veto (8) If the head of council vetoes a by-law, clause (4) (b) does not apply and the by-law shall be deemed not to have been passed by city council. 2022, c. 18, Sched. 1, s. 2. Override of veto (9) Within 21 days, or such other prescribed time period, after the day the clerk provides the written veto document to the members of city council under clause (7) (a), city council may override the head of council’s veto if two-thirds of the members of council vote to override the veto. 2022, c. 18, Sched. 1, s. 2. Head of council may vote (10) For greater certainty, the head of council may vote as a member of city council in a vote to override a veto. 2022, c. 18, Sched. 1, s. 2. Effect of override (11) If city council overrides the veto, subsection (8) does not apply and the by law shall be deemed to have passed on the day city council votes to override the veto. 2022, c. 18, Sched. 1, s. 2. No notice (12) The head of council shall not give notice under subsection (3) after giving approval under subclause (4) (a) (i). 2022, c. 18, Sched. 1, s. 2. Section Amendments with date in force (d/m/y) 2022, c. 18, Sched. 1, s. 2 - 23/11/2022; 2022, c. 24, Sched. 1, s. 5 - 20/12/2022