hordruma/ontario_laws_and_regs huggingface dataset:
PART IV THE CITY AND ITS GOVERNANCE
Change of name
126 (1) Without limiting sections 7 and 8, those sections authorize the City to change its name.  2006, c. 11, Sched. A, s. 126 (1). Conflict (2) In the event of a conflict between a by-law described in subsection (1) and any other provision of this or any other Act or a conflict with a regulation made under any other Act, the by-law prevails.  2006, c. 11, Sched. A, s. 126 (2). Restriction (3) The new name cannot be the same as the name of another municipality.  2006, c. 11, Sched. A, s. 126 (3). Notification (4) The City shall send a copy of the by-law to the Director of Titles appointed under the Land Titles Act
and to the Minister of Municipal Affairs and Housing promptly after its passage.  2006, c. 11, Sched. A, s. 126 (4). Status unchanged (5) A change of name does not affect the status of the City as a single-tier municipality or the rights or obligations of the City.  2006, c. 11, Sched. A, s. 126 (5).
PART IV THE CITY AND ITS GOVERNANCE
Wards continued
127 (1) Without limiting subsection 125 (1), the wards of the City on the day on which the City is continued by that subsection are the same as they were immediately before the City was continued.  2006, c. 11, Sched. A, s. 127. Application (2) This section does not apply after city council is organized following the 2018 regular election. 2018, c. 11, Sched. 1, s. 4. Section Amendments with date in force (d/m/y) 2018, c. 11, Sched. 1, s. 4 - 14/08/2018
PART IV THE CITY AND ITS GOVERNANCE
Division of wards after 2018 regular election
128 (1) On the day city council is organized following the 2018 regular election, the City is divided into wards whose boundaries are identical to those of the electoral districts for Ontario that are within the boundaries of the City. 2018, c. 11, Sched. 1, s. 5. Same (2) For the purposes of subsection (1), the electoral districts for Ontario are those determined under the Representation Act, 2015 as it read on the day the Better Local Government Act, 2018 received Royal Assent. 2018, c. 11, Sched. 1, s. 5. Conduct of 2018 regular election (3) The 2018 regular election shall be conducted as if the division of the City into wards, as determined under subsections (1) and (2), was already in effect. 2018, c. 11, Sched. 1, s. 5. Regulations (4) The Minister may make regulations for implementing the purposes, provisions and intention of this section and, without restricting the generality of the foregoing, the Minister may make regulations governing transitional matters that arise out of the implementation of this section. 2018, c. 11, Sched. 1, s. 5. Retroactivity (5) A regulation made under subsection (4) is, if it so provides, effective with reference to a period before it was filed. 2018, c. 11, Sched. 1, s. 5. Conflicts (6) In the event of a conflict between a regulation under subsection (4) and a provision of this Act or any other Act or regulation, the regulation made under subsection (4) prevails. 2018, c. 11, Sched. 1, s. 5. Same (7) In the event of a conflict between this section and a provision of any other Act or a regulation made under any other Act, this section prevails. 2018, c. 11, Sched. 1, s. 5. Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 21, s. 4 (6) - 25/01/2010 2017, c. 23, Sched. 5, s. 12 (1-5) - 03/04/2018 2018, c. 11, Sched. 1, s. 5 - 14/08/2018
PART IV THE CITY AND ITS GOVERNANCE
By-law not passed
129 A by-law passed under section 128, as that section read immediately before the Better Local Government Act, 2018 received Royal Assent, is deemed not to have been passed. 2018, c. 11, Sched. 1, s. 5. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. B, s. 32 (1, 2) - 01/01/2007 2017, c. 23, Sched. 5, s. 13 (1-4) - 03/04/2018 2018, c. 11, Sched. 1, s. 5 - 14/08/2018 City Council
PART IV THE CITY AND ITS GOVERNANCE
City council continued
130 (1) Without limiting subsection 125 (1), the composition of city council on the day on which the City is continued by that subsection is the same as it was immediately before the City was continued.  2006, c. 11, Sched. A, s. 130. Application (2) This section does not apply after city council is organized following the 2018 regular election. 2018, c. 11, Sched. 1, s. 6. Section Amendments with date in force (d/m/y) 2018, c. 11, Sched. 1, s. 6 - 14/08/2018
PART IV THE CITY AND ITS GOVERNANCE
Role of city council
131 It is the role of city council, (a) to represent the public and to consider the well-being and interests of the City; (b) to develop and evaluate the policies and programs of the City; (c) to determine which services the City provides; (d) to ensure that administrative policies, practices and procedures and controllership policies, practices and procedures are in place to implement the decisions of council; (e) to ensure the accountability and transparency of the operations of the City, including the activities of the senior management of the City; (f) to maintain the financial integrity of the City; and (g) to carry out the duties of council under this or any other Act.  2006, c. 11, Sched. A, s. 131.
PART IV THE CITY AND ITS GOVERNANCE
Powers of city council
132 (1) The powers of the City shall be exercised by city council.  2006, c. 11, Sched. A, s. 132 (1). Same (2) Anything begun by one council may be continued and completed by a succeeding council.  2006, c. 11, Sched. A, s. 132 (2). By-law (3) A power of the City, including the City’s capacity, rights, powers and privileges under section 7, shall be exercised by by-law unless the City is specifically authorized to do otherwise.  2006, c. 11, Sched. A, s. 132 (3). Scope (4) Subsections (1) to (3) apply to all of the City’s powers, whether conferred by this Act or otherwise.  2006, c. 11, Sched. A, s. 132 (4).
PART IV THE CITY AND ITS GOVERNANCE
Role of the mayor as head of council
133 (1) It is the role of the mayor of the City, as the head of council, (a) to act as chief executive officer of the City; (b) to preside over meetings of council so that its business can be carried out efficiently and effectively; (c) to provide leadership to council; (d) to represent the City at official functions; and (e) to carry out the duties of the head of council under this or any other Act.  2006, c. 11, Sched. A, s. 133 (1). Same (2) Without limiting clause (1) (c), the mayor’s role includes providing information and making recommendations to council with respect to council’s role under clauses 131 (d) and (e).  2006, c. 11, Sched. A, s. 133 (2). Substitution (3) The City may, with the consent of the head of council, appoint a member of council to act in the place of the head of council on any body, of which the head of council is a member by virtue of being head of council.  2006, c. 11, Sched. A, s. 133 (3).
PART IV THE CITY AND ITS GOVERNANCE
Role of the mayor as chief executive officer
134 As chief executive officer of the City, the mayor shall, (a) uphold and promote the purposes of the City; (b) promote public involvement in the City’s activities; (c) act as the representative of the City both within and outside the City, and promote the City locally, nationally and internationally; and (d) participate in and foster activities that enhance the economic, social and environmental well-being of the City and its residents.  2006, c. 11, Sched. A, s. 134.
PART IV THE CITY AND ITS GOVERNANCE
City council following 2018 regular election
135 (1) Commencing with the city council that is organized following the 2018 regular election, city council shall be composed of, (a) the head of council; and (b) other members, the number of which equals the number of wards as determined under section 128. 2018, c. 11, Sched. 1, s. 7. Rules re composition of city council (2) The following rules apply to the composition of city council: 1. The members of city council shall be elected in accordance with the Municipal Elections Act, 1996. 2. The head of council shall be elected by general vote. 3. One member of council shall be elected for each of the wards determined under section 128. 2018, c. 11, Sched. 1, s. 7. Conduct of 2018 regular election (3) The 2018 regular election shall be conducted as if the composition of city council, as determined under subsections (1) and (2), was already in effect. 2018, c. 11, Sched. 1, s. 7. Regulations (4) The Minister may make regulations for implementing the purposes, provisions and intention of this section and, without restricting the generality of the foregoing, the Minister may make regulations governing transitional matters that arise out of the implementation of this section. 2018, c. 11, Sched. 1, s. 7. Retroactivity (5) A regulation made under subsection (4) is, if it so provides, effective with reference to a period before it was filed. 2018, c. 11, Sched. 1, s. 7. Conflicts (6) In the event of a conflict between a regulation under subsection (4) and a provision of this Act or any other Act or regulation, the regulation made under subsection (4) prevails. 2018, c. 11, Sched. 1, s. 7. Same (7) In the event of a conflict between this section and a provision of any other Act or a regulation made under any other Act, this section prevails. 2018, c. 11, Sched. 1, s. 7. Section Amendments with date in force (d/m/y) 2018, c. 8, Sched. 2, s. 1 - 08/05/2018; 2018, c. 11, Sched. 1, s. 7 - 14/08/2018
PART IV THE CITY AND ITS GOVERNANCE
Rules re previously passed by-law changing city council
135.1 (1) A by-law passed under section 135, as that section read immediately before the Better Local Government Act, 2018 received Royal Assent, is deemed not to have been passed. 2018, c. 11, Sched. 1, s. 7. Exception re s. 83 (1) of the Municipal Elections Act, 1996 (2) An order shall not be made under subsection 83 (1) of the Municipal Elections Act, 1996 by reason only of the clerk of the City doing anything, before a by-law passed under section 135 of this Act, as it read immediately before the Better Local Government Act, 2018 received Royal Assent, in relation to the conduct of the 2018 regular election, (a) as if the by-law were not already in effect; or (b) as if the by-law were already in effect. 2018, c. 11, Sched. 1, s. 7. Section Amendments with date in force (d/m/y) 2018, c. 11, Sched. 1, s. 7 - 14/08/2018 Officers and Employees of the City
PART IV THE CITY AND ITS GOVERNANCE
Role of officers and employees
136 It is the role of the officers and employees of the City, (a) to implement the decisions of city council and to establish administrative practices and procedures to carry out those decisions; (b) to undertake research and provide advice to city council on the policies and programs of the City; and (c) to carry out other duties required under this or any Act and other duties assigned by the City.  2006, c. 11, Sched. A, s. 136.
PART IV THE CITY AND ITS GOVERNANCE
City clerk
137 (1) The City shall appoint a clerk whose duty it is, (a) to record, without note or comment, all resolutions, decisions and other proceedings of city council; (b) if required by any member present at a vote, to record the name and vote of every member voting on any matter or question; (c) to keep the originals or copies of all by-laws and of all minutes of the proceedings of city council; (d) to perform the other duties required under this Act or under any other Act; and (e) to perform such other duties as are assigned by the City.  2006, c. 11, Sched. A, s. 137 (1). Deputy clerks (2) The City may appoint deputy clerks who have all the powers and duties of the clerk under this and any other Act.  2006, c. 11, Sched. A, s. 137 (2). Status (3) A clerk or deputy clerk is not required to be a city employee.  2006, c. 11, Sched. A, s. 137 (3). Delegation (4) The clerk may delegate in writing to any person, other than a member of council, any of the clerk’s powers and duties under this and any other Act.  2006, c. 11, Sched. A, s. 137 (4). Same (5) The clerk may continue to exercise the delegated powers and duties, despite the delegation.  2006, c. 11, Sched. A, s. 137 (5).
PART IV THE CITY AND ITS GOVERNANCE
City treasurer
138 (1) The City shall appoint a treasurer who is responsible for handling all of the financial affairs of the City on behalf of the City and in the manner directed by city council, including, (a) collecting money payable to the City and issuing receipts for those payments; (b) depositing all money received on behalf of the City in a financial institution designated by the City; (c) paying all debts of the City and other expenditures authorized by the City; (d) maintaining accurate records and accounts of the financial affairs of the City; (e) providing the council with such information with respect to the financial affairs of the City as it requires or requests; (f) ensuring investments of the City are made in compliance with the regulations made under Part VIII (Finances).  2006, c. 11, Sched. A, s. 138 (1). Deputy treasurers (2) The City may appoint deputy treasurers who shall have all the powers and duties of the treasurer under this or any other Act.  2006, c. 11, Sched. A, s. 138 (2). Not required to be an employee (3) A treasurer or deputy treasurer is not required to be a city employee.  2006, c. 11, Sched. A, s. 138 (3). Liability limited (4) The treasurer or deputy treasurer is not liable for money paid in accordance with the directions of the council of the City unless the disposition of the money is expressly provided for under any Act.  2006, c. 11, Sched. A, s. 138 (4). Delegation (5) The City may delegate to any person all or any of the powers and duties of the treasurer under this or any other Act with respect to the collection of taxes imposed under any Part of this Act.  2006, c. 11, Sched. A, s. 138 (5). Continuation despite delegation (6) The treasurer may continue to exercise the delegated powers and duties, despite the delegation.  2006, c. 11, Sched. A, s. 138 (6).
PART IV THE CITY AND ITS GOVERNANCE
City auditor
139 (1) The City shall appoint an auditor licensed under the Public Accounting Act, 2004 who is responsible for, (a) annually auditing the accounts and transactions of the City and its local boards and expressing an opinion on the financial statements of these bodies based on the audit; and (b) performing duties required by the City or local board.  2006, c. 11, Sched. A, s. 139 (1). Term (2) A city auditor shall not be appointed for a term exceeding five years.  2006, c. 11, Sched. A, s. 139 (2). Non-employee (3) Despite any Act, the city auditor shall not be a city employee or an employee of a local board of the City.  2006, c. 11, Sched. A, s. 139 (3). Reporting relationship (4) The auditor reports to city council.  2006, c. 11, Sched. A, s. 139 (4). 140 Repealed: 2022, c. 18, Sched. 1, s. 1. Section Amendments with date in force (d/m/y) 2022, c. 18, Sched. 1, s. 1 - 23/11/2022 City Boards
PART IV THE CITY AND ITS GOVERNANCE
Power to establish city boards
141 (1) Without limiting sections 7 and 8, those sections authorize the City to establish a city board and to provide for the following matters: 1. The name, composition, quorum and budgetary process of the board. 2. The eligibility of persons to hold office as board members. 3. The manner of selecting board members, the resignation of members, the determination of when a member’s seat becomes vacant and the filling of vacancies. 4. The term of office and remuneration of board members. 5. The number of votes of the board members. 6. The requirement that the board follow rules, procedures and policies established by the City. 7. The relationship between the City and the board, including their financial and reporting relationship.  2006, c. 11, Sched. A, s. 141 (1). Restriction (2) A city board must be composed of at least two members.  2006, c. 11, Sched. A, s. 141 (2). Same, election of members (3) The City cannot require any member of a city board to be elected to that office under the Municipal Elections Act, 1996.  2006, c. 11, Sched. A, s. 141 (3). Same, term of office (4) The term of office of a member of a city board cannot exceed four years but members may be eligible for appointment for more than one term.  2006, c. 11, Sched. A, s. 141 (4); 2006, c. 32, Sched. B, s. 33. Same (5) Despite subsection (4), the term of office of a member continues until his or her successor becomes a member of the board.  2006, c. 11, Sched. A, s. 141 (5). Same (6) Except as otherwise provided by subsections (2) to (4), the following provisions apply with necessary modifications to a city board and its members as if they were city council and members of city council: 1. Section 193 (Absence of head). 2. Clauses 204 (c) to (h) (Vacant seat). 3. Sections 205 (Resignation as member), 209 (Term of office, vacancy) and 210 (Application to court).  2006, c. 11, Sched. A, s. 141 (6). Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. B, s. 33 - 01/01/2007
PART IV THE CITY AND ITS GOVERNANCE
Status of city boards
142 (1) A city board is a body corporate unless the City provides otherwise when establishing the board. 2006, c. 11, Sched. A, s. 142 (1). Agency (2) A city board is an agent of the City. 2006, c. 11, Sched. A, s. 142 (2). Local board (3) A city board is a local board of the City for all purposes. 2006, c. 11, Sched. A, s. 142 (3). Non-application of Acts (4) The Not-for-Profit Corporations Act, 2010 and the Corporations Information Act do not apply to a city board that is a body corporate. 2017, c. 20, Sched. 8, s. 73 (2). Section Amendments with date in force (d/m/y) 2017, c. 20, Sched. 8, s. 73 (2) - 19/10/2021
PART IV THE CITY AND ITS GOVERNANCE
Functions of city boards
143 (1) The City may give a city board the control and management of such municipal services and activities as the City considers appropriate and shall do so by delegating the powers and duties of the City to the board in accordance with this Act.  2006, c. 11, Sched. A, s. 143 (1). Powers and duties (2) The following provisions apply with necessary modifications to a city board, except as otherwise provided by a city by-law: 1. Section 7 (Powers of a natural person). 2. Part XV (Enforcement), except sections 374 (City entitlement to fines), 382 (Enforcement of agreements, etc.) and 388 (Closing premises, public nuisance). 3. Part XVI (Liability of the City).  2006, c. 11, Sched. A, s. 143 (2). Restriction (3) A power provided to a city board under subsection (2) is subject to any limits on and duties related to the power and to any procedural requirements, including conditions, approvals and appeals which apply to the power.  2006, c. 32, Sched. B, s. 34. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. B, s. 34 - 01/01/2007
PART IV THE CITY AND ITS GOVERNANCE
Joint city boards
144 (1) The City may enter into agreements with one or more other municipalities to establish a joint city board and to provide for those matters which, in the opinion of the participating municipalities, are necessary or desirable to facilitate the establishment and operation of the joint board.  2006, c. 11, Sched. A, s. 144 (1). Same (2) The City may give to a joint city board the control and management of different municipal services or activities than those given to the board by the other municipalities and may give to a joint city board the control and management of different aspects of the municipal service or activity than the aspects given to the board by the other municipalities.  2006, c. 11, Sched. A, s. 144 (2). Powers, etc. (3) Subject to subsections (4) and (5), the provisions of this Act that apply to city boards also apply with necessary modifications to joint city boards.  2006, c. 11, Sched. A, s. 144 (3). Consent required (4) Except where otherwise specifically provided in any Act, an action of the City related to an existing or proposed joint city board is of no effect unless the City obtains the consent of all the other participating municipalities of which the board is a local board or will be a local board as a result of the action.  2006, c. 11, Sched. A, s. 144 (4). Exception (5) Despite subsection (4), an agreement under subsection (1) may provide for circumstances where the consent of the other participating municipalities is not required under subsection (4) or where only the consent of the municipalities specified in the agreement is required under subsection (4).  2006, c. 11, Sched. A, s. 144 (5). Powers and duties of other municipalities (6) If another municipality enters into an agreement described in subsection (1) with the City, the other municipality is deemed to have the same powers and duties as the City under this Act for the purposes of the establishment and operation of the joint board.  2006, c. 11, Sched. A, s. 144 (6). Same (7) Subsection (6) does not authorize the other municipality to give control and management of a municipal service or activity to the joint board if the municipality does not otherwise have the authority to provide the service or undertake the activity.  2006, c. 11, Sched. A, s. 144 (7).
PART IV THE CITY AND ITS GOVERNANCE
Power to dissolve or change local boards
145 (1) Without limiting sections 7 and 8, those sections authorize the City to dissolve or change a local board.  2006, c. 11, Sched. A, s. 145 (1). Conflict (2) In the event of a conflict between a by-law described in subsection (1) and any provision of this or any other Act, excluding sections 141 to 147 of this Act, or in the event of a conflict with a regulation made under any other Act, the by-law prevails.  2006, c. 11, Sched. A, s. 145 (2). Restriction (3) Despite subsection (1), the City shall not, in accordance with that subsection, dissolve or change a local board which is, (a) a society as defined in subsection 2 (1) of the Child, Youth and Family Services Act, 2017; (b) a board of health as defined in subsection 1 (1) of the Health Protection and Promotion Act; (c) a committee of management under the Fixing Long-Term Care Act, 2021; (d) a board as defined in section 1 of the Public Libraries Act; (e) a police services board established under the Police Services Act; Note: On a day to be named by proclamation of the Lieutenant Governor, clause 145 (3) (e) of the Act is repealed and the following substituted: (See: 2019, c. 1, Sched. 4, s. 10 (6)) (e) a police service board established under the Community Safety and Policing Act, 2019; (f)  Repealed: 2017, c. 10, Sched. 2, s. 14 (1). (g) a corporation established in accordance with section 148; (h) such other local boards as may be prescribed.  2006, c. 11, Sched. A, s. 145 (3); 2006, c. 32, Sched. B, s. 35; 2007, c. 8, s. 198 (2); 2017, c. 10, Sched. 2, s. 14 (1); 2017, c. 14, Sched. 4, s. 6 (2); 2021, c. 39, Sched. 2, s. 3 (3). Restriction re appeal body under s. 115 (4) Despite subsection (1), the City shall not, in accordance with that subsection, dissolve an appeal body established under section 115. 2017, c. 10, Sched. 2, s. 14 (2). Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. B, s. 35 (1, 2) - 01/01/2007 2007, c. 8, s. 198 (2)
- 01/07/2010 2017, c. 10, Sched. 2, s. 14 (1, 2) - 30/05/2017; 2017, c. 14, Sched. 4, s. 6 (2) - 30/04/2018 2018, c. 3, Sched. 5, s. 11 (6) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 10 (6) - not in force 2021, c. 39, Sched. 2, s. 3 (3) - 11/04/2022
PART IV THE CITY AND ITS GOVERNANCE
Scope of power to change a local board
146 Without limiting sections 7 and 8, the power of the City to change a local board under those sections includes the power to pass by-laws with respect to, (a) the matters described in paragraphs 1 to 7 of subsection 141 (1), subject to the restrictions set out in section 141; (b) the assumption of a power or duty of the board provided that, if the power or duty was delegated to the board by the City, the City cannot assume the power or duty if it cannot revoke the delegation; (c) the delegation of a power or duty to the board to the extent authorized under this Act; (d) the restriction or expansion of the mandate of the board.  2006, c. 11, Sched. A, s. 146.