For Immediate Release
January 1, 2007
The Municipal Statute Law Amendment Act, 2006, which was proclaimed in force today, replaces prescribed or specific powers with broad permissive powers for municipalities. The intent is to provide municipal governments with more flexibility in meeting their communities’ expectations and fulfilling their responsibilities.
For single-tier municipalities (examples are City of Ottawa, City of Hamilton and Prince Edward County), broad permissive powers will enable a municipality to pass bylaws in respect of:
- the governance structure of the municipality and its local boards;
- the accountability and transparency of the municipality and its operations, and its boards and their operations;
- the financial management of the municipality and its local boards;
- the public assets acquired by a municipality for the purpose of exercising its authority;
- the economic, social and environmental well-being of the municipality;
- the health, safety and well-being of persons;
- services and items the municipality is authorized to provide;
- the protection of persons and property, including consumer protection;
- animals;
- structures, including fences and signs; and
- business licensing.
Both upper-tier municipalities (examples are Region of Durham, Region of Peel and Grey County) and lower-tier municipalities (examples are City of Oshawa, City of Brampton and City of Owen Sound) now also have broad powers. However, those powers exclusive to the upper-tier and those exclusive to the lower-tier under the existing Municipal Act, 2001 remain exclusive.
Municipal responsibilities affected by the proposed legislation are:
- Accountability — To promote accountability and transparency, municipal councils now have the power to establish codes of conduct for members of council and members of certain local boards. They can also, at their discretion, appoint an integrity commissioner, an ombudsman, an auditor general and a lobbyist registrar.
- Local Boards — Municipalities now have broad permissive powers to establish, dissolve, change or impose requirements on certain local boards and have the power to establish a municipal service board for any municipal service or activity.
- Delegation — Municipalities now have expanded authority to delegate their powers and duties to a person or body subject to certain restrictions. Some specific powers and duties cannot be delegated, such as zoning bylaws and imposing taxes.
- Roles of Council and Head-of-Council — The role and responsibilities of the head-of-council and council are now strengthened to provide for greater oversight in the operations of municipalities.
- Open Meetings — Municipal councils and local boards are now required to give public notice of upcoming meetings. Minutes must be recorded at all meetings, including closed meetings. Municipalities now have the authority to appoint a person to investigate and provide a report when it is suspected that these requirements have not been fulfilled. The provincial Ombudsman is able to undertake the investigation if a municipality has not appointed its own investigator. The current legislation is clarified to clearly state that a meeting may be closed to the public if the meeting is for education or training purposes.
- Business Regulation — Municipalities now have broad powers to license businesses, subject to certain limits. Specific new powers authorize municipalities to administratively suspend a licence prior to a hearing where there is a danger to health or safety. In addition, municipalities are now able to impose an administrative penalty for failure to comply with any part of a licensing system.
- Enforcement — Municipalities now have broader enforcement abilities, such as the authority to set fines for bylaw offences and an administrative power of entry to determine bylaw compliance, subject to special provisions respecting dwelling units.
- General Policies Replace Specific Provisions — Municipalities are now required to adopt policies for:
- the sale and other disposition of land,
- hiring,
- procurement,
- when and under what circumstances notice is given,
- accountability and transparency of municipal operations, and
- delegation of municipal powers and duties.
- Economic Development — Municipalities now have the authority to offer financial incentives within a community improvement plan. In addition, Ministerial approval, rather than Cabinet approval, is now all that is necessary for a municipality to establish a small business incubator program.
- Business Improvement Areas (BIAs) — Municipalities now have the authority to establish their own rules and conditions for BIAs. The current BIA rules and conditions in the Municipal Act, 2001 continue if a municipality does not establsih its own rules and conditions.
- Housing — Municipalities now have the authority to prohibit and regulate the demolition or conversion of residential rental properties with six or more dwelling units.
Changes to Other Legislation Includes:
- Line Fences Act — When a railway company sells an abandoned railway line, the new owner is not responsible for the entire costs of a line fence unless an abutting farming business has made a written request. The usual fence viewing arbitration process continues to apply to all other lands abutting an abandoned railway line.
- Highway Traffic Act — Municipalities now have the authority to set speed limits up to 100 km/h in any increments chosen by the municipality on local roads. Previously, municipalities could set speed limits in 10 km/h increments only.
- Housing Development Act — Ministerial consent is no longer required for a municipality to provide temporary housing in an emergency.
- Social Housing Reform Act, 2000 — Upon provision of an indemnity, Ministerial approval is no longer required for a municipality to transfer, lease, dispose of or offer, list, advertise or hold out for transfer, lease or other disposal of all or part of a housing project.
- Ontario Heritage Act — Municipalities now are authorized to determine the manner in which public notice is given when they intend to designate a property of cultural heritage value or interest.
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Contact:
Ralph Walton
Ministry of Municipal Affairs and Housing
(416) 585-7260
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