PART V MUNICIPAL REORGANIZATION
218.
218 (1) Without limiting sections 9, 10 and 11, those sections authorize an upper-tier municipality to change the composition of its council subject to the following rules: 1.  There shall be a minimum of five members, one of whom shall be the head of council. 2.  The head of council shall be elected by general vote, in accordance with the Municipal Elections Act, 1996, or shall be appointed by the members of council. 2.1  Repealed: 2018, c. 11, Sched. 2, s. 1 (2). 3.  The members of council, except the head of council, shall be elected in accordance with the Municipal Elections Act, 1996 to the upper-tier council or to the council of one of its lower-tier municipalities. 4.  The head of council shall be qualified to be elected as a member of council of the upper-tier municipality. 5.  If the members of council are directly elected to the upper-tier council and not to the council of a lower-tier municipality, the members shall be elected by general vote or wards or by any combination of general vote and wards. 6.  Each lower-tier municipality shall be represented on the upper-tier council.  2001, c. 25, s. 218 (1); 2006, c. 32, Sched. A, s. 93 (1); 2016, c. 37, Sched. 15, s. 1; 2018, c. 11, Sched. 2, s. 1. Types of changes (2) Without limiting sections 9, 10 and 11, the power to change the composition of council includes the power to, (a)  change the number of members of its council that represent one or more of its lower-tier municipalities; (b)  change the method of selecting members of the council, including having members directly elected to the upper-tier council and not to the council of a lower-tier municipality, members elected to serve on both the upper-tier and lower-tier councils or members elected to the lower-tier councils and appointed to the upper-tier council by the lower-tier municipalities, or a combination of methods of election; (c)  have a member representing more than one lower-tier municipality; (d)  require that if a member of council is appointed by the members of council as the head of the upper-tier council, the member is no longer entitled to hold office on the council of a lower-tier municipality or any other office on the council of the upper-tier municipality or both; and (e)  require that if a member of council is appointed by the members of council as the head of the upper-tier council, the appointed member must hold office on the council of a lower-tier municipality.  2001, c. 25, s. 218 (2); 2006, c. 32, Sched. A, s. 93 (2); 2017, c. 10, Sched. 1, s. 14 (1). Number of votes (3) Without limiting sections 9, 10 and 11, those sections authorize an upper-tier municipality to change the number of votes given to any member but each member shall have at least one vote.  2006, c. 32, Sched. A, s. 93 (3). Term of office (4) Without limiting sections 9, 10 and 11, those sections authorize an upper-tier municipality to change the term of office of an appointed head of council so long as the new term does not extend beyond the term of council.  2006, c. 32, Sched. A, s. 93 (3). Term unaffected (5) Except as provided in subsection (4), nothing in this section authorizes an upper-tier municipality to change the term of office of a member of council. 2017, c. 10, Sched. 1, s. 14 (2). Reviews by regional municipalities (6) Following the regular election in 2018 and following every second regular election after that, a regional municipality shall review, for each of its lower-tier municipalities, the number of members of its council that represent the lower-tier municipality. 2017, c. 10, Sched. 1, s. 14 (2). Regulations (7) The Minister may make a regulation changing the composition of a council of a regional municipality if the regional municipality does not, in the period of time that starts on the day the new council is organized following a regular election referred to in subsection (6) and ends on the day two years after that day, either, (a)  pass a by-law to change, for one or more of its lower-tier municipalities, the number of the members of its council that represent the lower-tier municipality; or (b)  pass a resolution to affirm, for each of its lower-tier municipalities, the number of the members of its council that represent the lower-tier municipality. 2017, c. 10, Sched. 1, s. 14 (2). When regulation may be made (8) The Minister may make a regulation under subsection (7) only after the period of time referred to in that subsection but before the year of the next regular election after which the regional municipality has a duty to conduct a review under subsection (6). 2017, c. 10, Sched. 1, s. 14 (2). What regulation may include (9) A regulation made under subsection (7) may include anything that could be included in a by-law of the upper-tier municipality under subsections (1) to (5) and is subject to the limitations set out in those subsections. 2017, c. 10, Sched. 1, s. 14 (2). What Minister shall have regard to (10) When considering whether to make a regulation under subsection (7), the Minister shall, in addition to anything else the Minister wishes to consider, have regard to the principle of representation by population. 2017, c. 10, Sched. 1, s. 14 (2). Transition (11) Until after the regular election in 2026, subsections (6) and (7) do not apply to a regional municipality that, during the period between the regular election in 2014 and the regular election in 2018, passes a by-law to change, for one or more of its lower-tier municipalities, the number of members of its council that represent the lower-tier municipality. 2017, c. 10, Sched. 1, s. 14 (2). Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. A, s. 43 (1-3) - 01/01/2003 2006, c. 32, Sched. A, s. 93 (1-3) - 01/01/2007 2016, c. 37, Sched. 15, s. 1 - 08/12/2016 2017, c. 10, Sched. 1, s. 14 (1, 2) - 01/01/2018 2018, c. 11, Sched. 2, s. 1 - 14/08/2018 Head of regional council