The e-library contains information about issues of local autonomy and local self government.

Those who visit the site are encouraged to suggest documents - speeches, research, legislative initiatives, news items, etc. - which might be added to the library. If you have material that you think should be part of the e-Library, please click `suggest a resource' and follow the instructions.

search   |   show all   |   suggest a resource

Description:

New improved city legislation
Draft legislation.

References in [square brackets] are to similar sections in Bill 53 being considered by the Ontario Legislature in Spring 2006.

Preamble [as found in Bill 53]

The Assembly recognizes that the City of Toronto, as Ontario's capital city, is an economic engine of Ontario and of Canada. The Assembly recognizes that the City plays an important role in creating and supporting economic prosperity and a high quality of life for the people of Ontario.

The Assembly recognizes that the success of the City requires the active participation of governments working together in a partnership based on respect, consultation and co-operation.
The Assembly recognizes the importance of providing the City with a legislative framework within which the City can build a strong, vibrant and sustainable city that is capable of thriving in the global economy. The Assembly recognizes that the City is a government that is capable of exercising its powers in a responsible and accountable fashion.

The Assembly recognizes that it is in the interests of the Province that the City be given these powers.

1. [These subsections are Section 1 of Bill 53] (1) The City of Toronto exists for the purpose of providing good government with respect to matters within its jurisdiction, and the city council is a democratically elected government which is responsible and accountable.
(2) The Province of Ontario endorses the principle that it is in the best interests of the Province and the City to work together in a relationship based on mutual respect, consultation and cooperation.
(3) For the purposes of maintaining such a relationship, it is in the best interests of the Province and the City to engage in ongoing consultations with each other about matters of mutual interest and to do so in accordance with an agreement between the Province and the City.
(4) The Province acknowledges that the City has the authority to enter into agreements with the Crown in right of Canada with respect to matters within the City's jurisdiction.

2.[Section 8 of Bill 53] The purpose of this Act is to create a framework of broad powers for the City which balances the interests of the Province and the City and which recognizes that the City must be able to do the following things in order to provide good government:
(1). Determine what is in the public interest for the City.
(2). Respond to the needs of the City.
(3). Determine the appropriate structure for governing the City.
(4). Ensure that the City is accountable to the public and that the process for making decisions is transparent.
(5). Determine the appropriate mechanisms for delivering municipal services in the City.
(6). Determine the appropriate levels of municipal spending and municipal taxation for the City.
(7). Use fiscal tools to support the activities of the City.

3. Except where otherwise expressly or by necessary implication provided,
(a) this Act does not limit or restrict the powers of the City under a special Act; and
(b) a special Act does not limit or restrict the powers of the City under this Act.

4. (1) Any change in governance structure which includes changes to the number and/or size of wards, the size of City Council, the establishment of independent decision-making bodies or any change which impacts on matters relating to choices at elections, must be submitted to the Ontario Municipal Board for public hearings and a decision of the Board on the reasonableness of the changes suggested before it becomes effective.
(2) Changes requested by a group of citizens but not accepted by council will be referred to the Board, and the Board which will determine whether a hearing is warranted or whether the request will be rejected without a hearing.

5. [Subsections as found in Section 6 of Bill 53] (1) The powers of the City under this or any other Act shall be interpreted broadly so as to confer broad authority on the City to enable the City to govern its affairs as it considers appropriate and to enhance the City's ability to respond to municipal issues.
(2) In the event of ambiguity in whether or not the City has the authority under this or any other Act to pass a by-law or to take any other action, the ambiguity shall be resolved so as to include, rather than exclude, powers the City had on the day before this section came into force.

6. [Section 7 of Bill 53] The City has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act.

7. [Subsections as found in Section 8 of Bill 53] (1) The City may provide any service or thing that the City considers necessary or desirable for the public.
(2) The City may pass by-laws respecting the following matters:
a). Governance structure of the City and its local boards (restricted definition).
b). Accountability and transparency of the City and its operations and of its local boards (restricted definition) and their operations.
c). Financial management of the City and its local boards (restricted definition).
d). Public assets of the City acquired for the purpose of exercising its authority under this or any other Act.
e). Economic, social and environmental well-being of the City.
f). Health, safety and well-being of persons.
g). Services and things that the City is authorized to provide under subsection (1).
h). Protection of persons and property, including consumer protection.
i). Animals.
j). Structures including fences and signs.
k). Business licensing.
(3) Without limiting the generality of section 6, a by-law under this section respecting a matter may,
(a) regulate or prohibit respecting the matter;
(b) require persons to do things respecting the matter;
(c) provide for a system of licences respecting the matter.
(4) The power to pass a by-law respecting a matter set out in a paragraph of subsection (2) is not limited or restricted by the power to pass a by-law respecting a matter set out in another paragraph of subsection (2).
(5) The power to pass a by-law respecting the matter set out in paragraph 7 of subsection (2) does not include the power to pass a by-law respecting services or things provided by a person other than the City or a city board.

8. The City is bound by all sections of the Municipal Act, as it may be amended, unless:
a) those sections are specifically contrary to the Act; or
b) The City has, by bylaw, specifically exempted itself from those sections.

9. (1) The City is bound by all provincial laws and regulations save and except for those which it has specifically exempted itself from by bylaw and where such bylaw has been forwarded to the province for consideration and the province has not, within four months of receiving such bylaw, enacted a regulation declaring a provincial interest overriding the bylaw.
(2) If a provincial regulation made under subsection (1) imposes limits or conditions on a power of the City or provides that the City cannot exercise a power in prescribed circumstances, any by-law made by the City under the applicable power is inoperative to the extent of the limits, conditions or prohibition.

10. (1) The City may, by by-law, impose a tax in the City if the tax is a direct tax.
(2) A by-law described in subsection (1) must state the subject of the tax to be imposed; the tax rate or the amount of tax payable; and the manner in which the tax is to be collected.
(3) A by-law described in subsection (1) may provide for exemptions from the tax; rebates of tax; penalties for failing to comply with the by-law; interest on outstanding taxes or penalties; the assessment of outstanding tax, penalties or interest; audit and inspection powers; the establishment and use of dispute resolution mechanisms; the establishment and use of such enforcement measures as the city council considers appropriate if an amount assessed for outstanding tax, penalties or interest remains unpaid after it is due, including measures such as garnishment, the seizure and sale of property and the creation and registration of liens; and such other matters as city council considers appropriate.

11. [Section 263 of Bill 53] The City is not authorized to impose taxes on any of the following:
1) The Crown, every agency of the Crown in right of Ontario and every authority, board, commission, corporation, office or organization of persons a majority of whose directors, members or officers are appointed or chosen by or under the authority of the Lieutenant Governor in Council or a member of the Executive Council.
2) Every board as defined in subsection 1 (1) of the Education Act.
3) Every university in Ontario and every college of applied arts and technology and post-secondary institution in Ontario whether or not affiliated with a university, the enrolments of which are counted for purposes of calculating annual operating grants entitlements from the Crown.
4) Every hospital referred to in the list of hospitals and their grades and classifications maintained by the Minister of Health under the Public Hospitals Act, every private hospital operated under the authority of a licence issued under the Private Hospitals Act and every hospital established or approved by the Lieutenant Governor in Council as a community psychiatric hospital under the Community Psychiatric Hospitals Act.
5) Every nursing home as defined in subsection 1 (1) of the Nursing Homes Act, every approved charitable home for the aged as defined in section 1 of the Charitable Institutions Act and every home as defined in section 1 of the Homes for the Aged and Rest Homes Act.
6) Such other persons and entities as may be prescribed.

- end -