hordruma/ontario_laws_and_regs huggingface dataset:
PART VI PRACTICES AND PROCEDURES
Insurance
218 (1) Despite the Insurance Act, the City may be or act as an insurer with respect to the following matters: 1. Protection against risks that may involve pecuniary loss or liability on the part of the City or any local board (extended definition) of the City. 2. The protection of its designated employees or designated former employees or those of any local board (extended definition) of the City against risks that may involve pecuniary loss or liability on the part of those employees. 3. Subject to section 14 of the Municipal Conflict of Interest Act, the protection of the members or former members of city council or of any local board (extended definition) of the City or any class of those members against risks that may involve pecuniary loss or liability on the part of the members. 4. Subject to section 14 of the Municipal Conflict of Interest Act, the payment of any damages or costs awarded against any of its designated employees, members, designated former employees or former members or expenses incurred by them as a result of any action or other proceeding arising out of acts or omissions done or made by them in their capacity as designated employees or members, including while acting in the performance of any statutory duty. 5. Subject to section 14 of the Municipal Conflict of Interest Act, the payment of any sum required in connection with the settlement of an action or other proceeding referred to in paragraph 4 and for assuming the cost of defending the designated employees or members in the action or proceeding.  2006, c. 11, Sched. A, s. 218 (1). Reciprocal contracts (2) The City may enter into agreements with other municipalities to exchange reciprocal contracts of indemnity or interinsurance in accordance with Part XIII of the Insurance Act
with respect to the matters set out in subsection (1) for the City and the other municipalities and the local boards (extended definition) of all of them.  2006, c. 11, Sched. A, s. 218 (2). Limitation (3) Despite section 387 of the Insurance Act, any surplus funds and the reserve fund of a municipal reciprocal exchange may be invested only in accordance with regulations made under section 256.  2006, c. 11, Sched. A, s. 218 (3). Reserve funds (4) The money raised for a reserve fund of a municipal reciprocal exchange may be spent, pledged or applied to a purpose other than that for which the fund was established if two-thirds of the municipalities that are members of the exchange together with two-thirds of the municipalities that previously were members of the exchange and that may be subject to claims arising while they were members of the exchange agree in writing and if section 386 of the
Insurance Act is complied with.  2006, c. 11, Sched. A, s. 218 (4). Insurance Act does not apply (5) The Insurance Act does not apply to the City acting as an insurer for the purpose of this section.  2006, c. 11, Sched. A, s. 218 (5).
PART VI PRACTICES AND PROCEDURES
Powers re local boards (extended definition)
219 (1) The City may contract for insurance for, pay any part of the premiums for or pay for any part of the damages, risks or costs referred to in subsection 218 (1) for any local board (extended definition) of the City or for any of the members, former members, designated employees or designated former employees of a local board (extended definition) of the City.  2006, c. 11, Sched. A, s. 219 (1). Local board powers (2) A local board (extended definition) of the City has the same powers with respect to itself, its members, former members, designated employees and designated former employees to contract for insurance, pay premiums for the insurance, be or act as an insurer, exchange reciprocal contracts of indemnity and to pay damages and costs as are conferred upon the City by this Act.  2006, c. 11, Sched. A, s. 219 (2). Health Benefits
PART VI PRACTICES AND PROCEDURES
Sick leave credit gratuities
220 (1) Under a plan of sick leave credit gratuities established for designated employees by the City, on the termination of employment, no designated employee is entitled to more than an amount equal to the salary, wages or other remuneration for one-half the number of days standing to his or her credit up to a maximum of one-half year’s earnings at the rate received by him or her immediately before termination of employment.  2006, c. 11, Sched. A, s. 220 (1). Local board (2) Any local board (extended definition) of the City may establish a plan of sick leave credit gratuities for designated employees or any class of them and this section applies with necessary modifications to the local board.  2006, c. 11, Sched. A, s. 220 (2).
PART VI PRACTICES AND PROCEDURES
Insurance, health, etc.
221 (1) Subject to the Health Insurance Act, the City may provide, but only through contract either with an insurer licensed under the Insurance Act or with an association registered under the Prepaid Hospital and Medical Services Act, (a) group life insurance for members of city council or of any local board (extended definition) of the City, designated employees or designated former employees of the City or of such a local board or any class of them and their spouses and children; (b) group accident insurance or group sickness insurance for members of city council or of any local board (extended definition) of the City, designated employees or designated former employees of the City or of such a local board or any class of them and their spouses and children; and (c) hospital, medical, surgical, nursing or dental services or payments for those services for members of city council or of any local board (extended definition) of the City, designated employees or designated former employees of the City or of such a local board or any class of them and their spouses and children.  2006, c. 11, Sched. A, s. 221 (1). Local board (2) Any local board (extended definition) of the City may provide the insurance, services or payments referred to in subsection (1) and may pay for them in the same manner and for the same classes of persons as city council, and subsection (1) applies with necessary modifications to the local board.  2006, c. 11, Sched. A, s. 221 (2). Remuneration and Expenses
PART VI PRACTICES AND PROCEDURES
Remuneration and expenses
222 (1) The City may pay any part of the remuneration and expenses of the members of any local board of the City and of the officers and employees of the local board.  2006, c. 11, Sched. A, s. 222 (1). Limitations (2) Despite any Act, the City may only pay the expenses of the members of city council or of a local board of the City, of the officers and employees of the City and of the officers and employees of the local board if the expenses are of those persons in their capacity as members, officers or employees and if, (a) the expenses are actually incurred; or (b) the expenses are, in lieu of the expenses actually incurred, a reasonable estimate, in the opinion of the council or local board, of the actual expenses that would be incurred.  2006, c. 11, Sched. A, s. 222 (2). Local boards (3) A local board of the City may pay remuneration to and the expenses incurred by its members, officers and employees to the extent that the City is able to do so under this Act.  2006, c. 11, Sched. A, s. 222 (3). Limitations (4) No part of the remuneration of a member of city council or of a local board paid under this section is deemed to be for expenses incidental to his or her duties as a member and the City or local board shall not provide that any part of the remuneration is for such deemed expenses. 2006, c. 11, Sched. A, s. 222 (4).
PART VI PRACTICES AND PROCEDURES
Statement of remuneration and expenses
223 (1) The treasurer shall in each year on or before March 31 provide to city council an itemized statement on remuneration and expenses paid in the previous year to, (a) each member of council in respect of his or her services as a member of the council or any other body, including a local board, to which the member has been appointed by council or on which the member holds office by virtue of being a member of council; (b) each member of council in respect of his or her services as an officer or employee of the City or as an officer or employee of another body described in clause (a); and (c) each person, other than a member of council, appointed by the City to serve as a member of any body, including a local board, in respect of his or her services as a member of the body.  2006, c. 11, Sched. A, s. 223 (1). Mandatory item (2) The statement shall identify the by-law under which the remuneration or expenses were authorized to be paid.  2006, c. 11, Sched. A, s. 223 (2). Statement to be provided to City (3) If, in any year, any body, including a local board, pays remuneration or expenses to one of its members who was appointed by the City, the body shall on or before January 31 in the following year provide to the City an itemized statement of the remuneration and expenses paid for the year.  2006, c. 11, Sched. A, s. 223 (3). Public records (4) Despite the Municipal Freedom of Information and Protection of Privacy Act, statements provided under subsections (1) and (3) are public records.  2006, c. 11, Sched. A, s. 223 (4). Review or Appeal re Delegated Authority
PART VI PRACTICES AND PROCEDURES
Power to authorize review or appeal
224 (1) Without limiting sections 7 and 8, those sections authorize the City to provide for a review or appeal of a decision made by a person or body in the exercise or intended exercise of a power or the performance or intended performance of a duty delegated to him, her or it by the City under this Act.  2006, c. 11, Sched. A, s. 224 (1). Scope of power (2) Without limiting sections 7 and 8, the power described in subsection (1) includes the power, (a) to designate the person or body, including city council, that will conduct the review or appeal provided that the City cannot designate a person or body without his, her or its consent; (b) to provide for the powers the person or body conducting the review or appeal may exercise; (c) to establish procedures with respect to the review or appeal; (d) to provide for rules for authorizing the person or body conducting the review or appeal to determine when decisions subject to review or appeal come into force, including a retroactive date not earlier than the day on which the by-law was passed.  2006, c. 11, Sched. A, s. 224 (2). Restriction (3) The City shall not provide for a review or appeal of such decisions as may be prescribed.  2006, c. 11, Sched. A, s. 224 (3). Reconsideration of decisions (4) Nothing in this section affects the authority of the person or body to reconsider his, her or its own decisions.  2006, c. 11, Sched. A, s. 224 (4). Regulations
PART VI.1 SPECIAL POWERS AND DUTIES OF THE HEAD OF COUNCIL
Directions to city employees
226.1 For the purposes of exercising powers or performing duties under this Part, the head of council may, in writing, exercise the powers of the City to direct city employees to, (a) undertake research and provide advice to the head of council and city council on policies and programs of the City or of the head of council as they relate to the powers and duties under this Part; and (b) carry out duties related to the exercise of the power or performance of the duty, including implementing any decisions made by the head of council under this Part. 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
PART VI.1 SPECIAL POWERS AND DUTIES OF THE HEAD OF COUNCIL
In writing
226.2 (1) If the head of council exercises a power or performs a duty under this Part, the head of council shall do so in writing and in accordance with the regulations, if any. 2022, c. 18, Sched. 1, s. 2. Making information available (2) The head of council shall, in accordance with the regulations, make any prescribed information and documents available to the public and to any other prescribed persons or classes of persons. 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
PART VI.1 SPECIAL POWERS AND DUTIES OF THE HEAD OF COUNCIL
Powers re chief administrative officer
226.3 The head of council may appoint a chief administrative officer who shall be responsible for, (a) exercising general control and management of the affairs of the City for the purpose of ensuring the efficient and effective operation of the City; and (b) performing such other duties as are assigned by the head of council. 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
PART VI.1 SPECIAL POWERS AND DUTIES OF THE HEAD OF COUNCIL
Powers re organizational structure
226.4 (1) Subject to subsection (3), the powers of the City with respect to determining the organizational structure of the City are assigned to the head of council. 2022, c. 18, Sched. 1, s. 2. Employment matters (2) Subject to subsection (3) and the regulations, subsection (1) includes the power to hire, dismiss or exercise any other prescribed employment powers with respect to the head of any division or the head of any other part of the organizational structure. 2022, c. 18, Sched. 1, s. 2. Limitation (3) The powers assigned under subsection (1) do not include the power to hire, dismiss or exercise any other prescribed employment powers with respect to any of the following persons: 1. The clerk or deputy clerk. 2. A treasurer or deputy treasurer. 3. An Integrity Commissioner. 4. An Ombudsman. 5. An Auditor General. 6. A registrar, as described in section 168. 7. A chief building official, as defined in the Building Code Act, 1992. 8. A chief of police, as defined in the Police Services Act. 9. A fire chief, as defined in the Fire Protection and Prevention Act, 1997. 10. A medical officer of health, as defined in the Health Protection and Promotion Act. 11. Other officers or heads of divisions required to be appointed under this or any other Act. 12. Any other prescribed persons. 2022, c. 18, Sched. 1, s. 2. Transition (4) Any organizational structure in place in the City immediately before the day section 2 of Schedule 1 to the Strong Mayors, Building Homes Act, 2022 came into force shall continue unless the organizational structure is changed by the head of council under subsection (1) of this section. 2022, c. 18, Sched. 1, s. 2. Same (5) The head of any division or of any other part of the organizational structure who held that position immediately before the day section 2 of Schedule 1 to the Strong Mayors, Building Homes Act, 2022 came into force shall continue in that position unless they are dismissed by the head of council under subsection (2) of this section. 2022, c. 18, Sched. 1, s. 2. Same (6) The head of council may exercise a power under subsection (2) with respect to a person regardless of when that person started their employment. 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
PART VI.1 SPECIAL POWERS AND DUTIES OF THE HEAD OF COUNCIL
Powers re local boards
226.5 The power of the City to appoint the chairs and vice-chairs of local boards is assigned to the head of council for any prescribed local board, or local board within a prescribed class of local boards. 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
PART VI.1 SPECIAL POWERS AND DUTIES OF THE HEAD OF COUNCIL
Powers re committees
226.6 Subject to the regulations, if any, the following powers of the City with respect to prescribed committees, or committees within a prescribed class of committees, are assigned to the head of council: 1. The power to establish or dissolve committees. 2. The power to appoint the chairs and vice-chairs of committees. 3. The power to assign functions to committees. 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
PART VI.1 SPECIAL POWERS AND DUTIES OF THE HEAD OF COUNCIL
Provincial priorities
226.7 (1) The Lieutenant Governor in Council may, by regulation, prescribe provincial priorities for the purposes of sections 226.8, 226.9 and 226.9.1. 2022, c. 18, Sched. 1, s. 2; 2022, c. 24, Sched. 1, s. 3. Same (2) For greater certainty, sections 226.8, 226.9 and 226.9.1 only apply if the Lieutenant Governor in Council prescribes provincial priorities. 2022, c. 18, Sched. 1, s. 2; 2022, c. 24, Sched. 1, s. 3. 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. 3 - 20/12/2022
PART VI.1 SPECIAL POWERS AND DUTIES OF THE HEAD OF COUNCIL
Powers re meetings
226.8 (1) Despite any procedure by-law passed by the City under subsection 189 (2), if the head of council is of the opinion that considering a particular matter could potentially advance a prescribed provincial priority, the head of council may require city council to consider the matter at a meeting. 2022, c. 18, Sched. 1, s. 2; 2022, c. 24, Sched. 1, s. 4. Interpretation (2) In this section, “meeting” has the same meaning as in subsection 189 (1). 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. 4 - 20/12/2022 Veto powers
PART VI.1 SPECIAL POWERS AND DUTIES OF THE HEAD OF COUNCIL
Powers re by-laws
226.9.1 (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 under any prescribed section; and (c) any other prescribed Act or regulation or prescribed section of an Act or regulation. 2022, c. 24, Sched. 1, s. 6. Procedure (2) Despite any procedure by-law passed by the City under subsection 189 (2) and subject to any prescribed requirements, if the head of council is of the opinion that a by-law could potentially advance a prescribed provincial priority, the head of council may propose the by-law to city council and require city council to consider and vote on the proposed by-law at a meeting. 2022, c. 24, Sched. 1, s. 6. Same (3) The head of council shall, in accordance with the regulations, provide to the clerk and to each member of city council, (a) a copy of any by-law proposed under subsection (2); and (b) the head of council’s reasons for the proposal. 2022, c. 24, Sched. 1, s. 6. More than one-third vote required (4) Despite any procedure by-law passed by the City under subsection 189 (2) and despite subsection 194 (3), a by-law described in subsection (2) is passed if more than one third of the members of council vote in favour of the by-law. 2022, c. 24, Sched. 1, s. 6. Head of council may vote (5) For greater certainty, the head of council may vote as a member of city council in a vote to pass a by-law described in subsection (2). 2022, c. 24, Sched. 1, s. 6. Section Amendments with date in force (d/m/y) 2022, c. 24, Sched. 1, s. 6 - 20/12/2022
PART VI.1 SPECIAL POWERS AND DUTIES OF THE HEAD OF COUNCIL
Vacancy, head of council
226.10 (1) Despite section 208, if a vacancy occurs in the office of head of council, the City shall, subject to subsection (3) and in accordance with the regulations, if any, require a by-election to be held, in accordance with the Municipal Elections Act, 1996, to fill the vacancy. 2022, c. 18, Sched. 1, s. 2. Rules applying to filling vacancies (2) Subject to subsection (3) and the regulations, if any, the following rules apply to filling vacancies in the office of head of council: 1. Within 60 days after the day a declaration of vacancy is made under section 207 with respect to the vacancy, the City shall pass a by-law requiring a by-election to be held to fill the vacancy. 2. Despite paragraph 1, if a court declares the office of head of council to be vacant, the City shall act under subsection (1) within 60 days after the court makes its declaration. 3. Despite subsection (1), if a vacancy occurs within 90 days before voting day of a regular election, the City is not required to fill the vacancy. 2022, c. 18, Sched. 1, s. 2. Vacancy after March 31 in the year of a regular election (3) Subject to the regulations, if any, if a vacancy in the office of head of council occurs after March 31 in the year of a regular election, (a) within 60 days after the day a declaration of vacancy is made under section 207 with respect to the vacancy, the City shall fill the vacancy by appointing a person who has consented to accept the office if appointed; and (b) for the remainder of the term of the head of council appointed under clause (a), (i) the head of council appointed under clause (a) shall not exercise the powers or perform the duties in this Part, and (ii) the prescribed powers and duties of the head of council in this Part are assigned to the City. 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
PART VI.1 SPECIAL POWERS AND DUTIES OF THE HEAD OF COUNCIL
Delegation
226.11 (1) Subject to the prescribed limitations, if any, the head of council may delegate their powers and duties under the following sections: 1. Section 226.3 (chief administrative officer). 2. Section 226.4 (organizational structure). 3. Section 226.5 (local boards). 4. Section 226.6 (committees). 2022, c. 18, Sched. 1, s. 2. Same (2) The rules in subsection 20 (2) apply with necessary modifications to a delegation under subsection (1). 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
PART VI.1 SPECIAL POWERS AND DUTIES OF THE HEAD OF COUNCIL
Immunity
226.12 A decision made, or a veto power or other power exercised, legally and in good faith under this part shall not be quashed or open to review in whole or in part by any court because of the unreasonableness or supposed unreasonableness of the decision or exercise of the veto power or other power. 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
PART VI.1 SPECIAL POWERS AND DUTIES OF THE HEAD OF COUNCIL
Transition
226.13 (1) A person who held one of the following positions immediately before the day section 2 of Schedule 1 to the Strong Mayors, Building Homes Act, 2022 came into force shall continue in that position unless they are dismissed or their appointment is revoked, as the case may be, by the head of council: 1. Chief administrative officer. 2. Chair or vice-chair of a local board. 3. Chair or vice-chair of a committee. 2022, c. 18, Sched. 1, s. 2. Same (2) The head of council may dismiss or revoke the appointment of a person set out in subsection (1) regardless of when that person started in their position. 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