For Immediate Release
February 19, 2007
(updated July 4, 2007)
The Municipal Statute Law Amendment Act, 2006:
The Municipal Statute Law Amendment Act, 2006 amends various pieces of legislation, most notably making the Municipal Act, 2001 more flexible to give municipalities the powers and tools they need to meet the challenges they are facing.
Changes to the Municipal Act, 2001 focus on replacing prescriptive, very specific, powers with broad permissive powers. For example, municipalities now have broader powers to pass by-laws ranging from local governance structure to the economic, social and environmental well-being of their communities to the protection of persons and property, including consumer protection.
The Municipal Statute Law Amendment Act, 2006 received Royal Assent on December 20, 2006. Most provisions were proclaimed on January 1, 2007.
Sections proclaimed at a later date:
A few sections were proclaimed for January 1, 2008. Those include:
Two sections of the Municipal Statute Law Amendment Act, 2006 will be proclaimed at a date yet to be determined:
For more information on these sections, see Appendix.
Why the proclamation of some sections was delayed:
Many in the municipal sector, including the Association of Municipalities of Ontario and the Association of Municipal Managers, Clerks and Treasurers of Ontario, requested that the proclamation of some sections be delayed until municipalities had an opportunity to develop policies on such matters as delegation of powers and duties, and how notice is to be given (Section 270 of the amended Municipal Act, 2001), and to decide whether or not to appoint a meetings investigator (Section 239.1 and 239.2 of the amended Municipal Act, 2001).
The government will also examine the City of Toronto’s experience with the new authority for bar and store hours before proclaiming similar provisions for all municipalities.
What municipalities should be doing:
Municipalities should be using this time to develop their policies and to decide whether they want to appoint a meetings investigator in anticipation of proclamation of those sections of the act.
APPENDIX
Additional information on sections to be proclaimed
Investigators for closed meetings (Section 104 of Schedule A)
A person will be able to request that an investigation be undertaken respecting whether a municipality or local board has complied with closed meeting rules. Municipalities will be able to appoint an investigator for this purpose or if a municipality chooses not to appoint an investigator, the Provincial Ombudsman may assume the role.
Required policies (Section 113 of Schedule A)
Municipalities will be required to adopt policies in the following areas:
- Sale and other disposition of land
- Hiring of employees
- Procurement of goods and services
- Notice – when, under what circumstances and how notice to the public is to be given
- Accountability and transparency
- Delegation of powers and duties
Changes to the Liquor Licence Act (bar hours – Section 7 of Schedule D)
Upon proclamation, municipalities will be able to pass by-laws extending the hours of sale of liquor by licence holders in all or part of their municipalities.
Changes to the Retail Business Holidays Act (store holiday closings – Section 15 of Schedule D)
Upon proclamation, municipalities would be able to pass by-laws providing that the Retail Business Holidays Act no longer applies and would be able to establish holiday closing requirements for retail businesses.