220530 — PART VI.1 OF THE ACT, O. Reg. 530/22

s. 1 — Designated municipalities

The municipalities set out in Schedule 1 are designated for the purposes of section 284.2 of the Act.

s. 2 — In writing requirements re s. 284.3 of Act

When directing municipal employees under section 284.3 of the Act, the head of council shall, by the next business day, provide a written record of the direction to the clerk and chief administrative officer, if one is appointed.

s. 3 — Other in writing requirements

Except as otherwise provided in the Act and this Regulation, when exercising a power or performing a duty under Part VI.1 of the Act the head of council shall,

s. 3(a)

by the next business day, provide the written record produced in accordance with subsection 284.4 (1) of the Act to each member of council and to the clerk; and

s. 3(b)

subject to the Municipal Freedom of Information and Protection of Privacy Act, make the written record available to the public.

s. 4 — Prescribed committees

Committees established under the Act that consist solely of members of council are prescribed for the purposes of section 284.8 of the Act.

s. 5 — Veto power, s. 284.11 of Act

(1) Section 284.11 of the Act does not apply with respect to by-laws under sections 289 and 290 of the Act.

s. 5(2)

Section 284.11 of the Act applies with respect to by-laws under section 2 of the Development Charges Act, 1997.

s. 5.1 — Vacancy, upper-tier municipality

If a vacancy in the office of the head of council of a local municipality causes a vacancy on the council of its upper-tier municipality, the local municipality and not the upper-tier municipality shall fill the vacancy in accordance with section 284.12 of the Act.

s. 6 — Limitations on delegation, s. 284.13 of Act

(1) The head of council may not delegate their powers and duties under the sections referred to in paragraphs 1 and 4 of subsection 284.13 (1) of the Act except to council.

s. 6(2)

The head of council may not delegate their powers and duties under the section referred to in paragraph 2 of subsection 284.13 (1) of the Act except to council or to the chief administrative officer, if one is appointed.

s. 7 — Annual budget

(1) The head of council shall, on or before February 1 of each year,

s. 7(1)(a)

prepare a proposed budget for the municipality that includes the estimates of sums required under subsection 289 (1) or 290 (1) of the Act, as the case may be;

s. 7(1)(b)

provide the proposed budget to each member of council and to the clerk; and

s. 7(1)(c)

make the proposed budget available to the public.

s. 7(1.1)

Despite subsection (1), the head of council may propose a budget for a year immediately following a year in which a regular election is held only in the year to which the budget applies.

s. 7(2)

If the head of council does not propose a budget to council by February 1 in accordance with subsection (1), the council shall prepare and adopt the budget for the municipality.

s. 7(3)

Subject to subsection (4), within 30 days after receiving the proposed budget from the head of council in accordance with clause (1) (b), the council may pass a resolution making an amendment to the proposed budget.

s. 7(4)

A council may in a year pass a resolution to shorten the 30-day period referred to in subsection (3) for the year.

s. 7(5)

If council does not pass a resolution under subsection (3) within 30 days, or, if a shorter period is set under subsection (4), within that period, the proposed budget shall be deemed to be adopted by the municipality.

s. 7(6)

Subject to subsection (7), within 10 days after the expiry of the time period for council to pass a resolution under subsection (3), the head of council may veto a resolution passed by council under subsection (3) by providing on the day of the veto to each member of council and to the clerk a written veto document that includes the veto and the reasons for the veto.

s. 7(7)

The head of council may in a year shorten the 10-day period referred to in subsection (6) for the year by providing to each member of council and to the clerk a written document specifying a shorter period.

s. 7(8)

If the head of council vetoes a resolution in accordance with subsection (6), the resolution shall be deemed not to have been passed by council.

s. 7(9)

If the head of council does not veto a resolution in accordance with subsection (6) within 10 days or, if a shorter period is set under subsection (7), within that period, the proposed budget shall be deemed to be adopted by the municipality.

s. 7(10)

Subject to subsection (11), within 15 days after the expiry of the time period for the head of council to veto a resolution under subsection (6), council may override the head of council’s veto if two-thirds of the members of council vote to override the veto.

s. 7(11)

A council may in a year pass a resolution to shorten the 15-day period referred to in subsection (10) for the year.

s. 7(12)

For greater certainty, the head of council may vote as a member of council in a vote to override a veto.

s. 7(13)

If the council overrides the veto under subsection (10), subsection (8) does not apply, and the resolution shall be deemed to be passed by council.

s. 7(14)

After the expiry of the time period for council to override the head of council’s veto under subsection (10), the proposed budget is deemed to be adopted by the municipality.

s. 8 — Budget process — conflict of interest

If, under section 5.3 of the Municipal Conflict of Interest Act, the head of council is prohibited from using the power and exercising the duty under subsection 284.16 (2) of the Act to prepare the proposed budget for the municipality with respect to a matter,

s. 8(a)

council may pass a resolution to amend the proposed budget with respect to the matter; and

s. 8(b)

the head of council may not veto the resolution.

s. 9 — Budget process — in-year budget amendments

(1) The head of council may, for the purpose of raising an additional general upper-tier levy or a special upper-tier levy in the year under section 311 of the Act or a general local municipality levy or a special local municipality levy in the year under 312 of the Act, as the case may be, prepare a proposed budget amendment for the municipality and,

s. 9(1)(a)

provide the proposed budget amendment to each member of council and to the clerk; and

s. 9(1)(b)

make the proposed budget amendment available to the public.

s. 9(2)

Subject to subsection (3), within 21 days after receiving the proposed budget amendment from the head of council in accordance with subsection (1), the council may pass a resolution making an amendment to the proposed budget amendment.

s. 9(3)

A council may in a year pass a resolution to shorten the 21-day period referred to in subsection (2) for the year.

s. 9(4)

If council does not pass a resolution under subsection (2) within 21 days, or, if a shorter period is set under subsection (3), within that period, the proposed budget amendment shall be deemed to be adopted by the municipality.

s. 9(5)

Subject to subsection (6), within 5 days after the expiry of the time period for council to pass a resolution under subsection (2), the head of council may veto a resolution passed by council under subsection (2) by providing to each member of council and to the clerk, on the day of the veto, a written veto document that includes the veto and the reasons for the veto.

s. 9(6)

The head of council may in a year shorten the 5-day period referred to in subsection (5) for the year by providing to each member of council and to the clerk a written document specifying a shorter period.

s. 9(7)

If the head of council vetoes a resolution in accordance with subsection (5), the resolution shall be deemed not to have been passed by council.

s. 9(8)

If the head of council does not veto a resolution in accordance with subsection (5) within 5 days, or, if a shorter period is set under subsection (6), within that period, the proposed budget amendment shall be deemed to be adopted by the municipality.

s. 9(9)

Subject to subsection (10), within 10 days after the expiry of the time period for the head of council to veto a resolution under subsection (5), council may override the head of council’s veto if two-thirds of the members of council vote to override the veto.

s. 9(10)

A council may in a year pass a resolution to shorten the 10-day period referred to in subsection (9) for the year.

s. 9(11)

For greater certainty, the head of council may vote as a member of council in a vote to override a veto.

s. 9(12)

If the council overrides the veto under subsection (9), subsection (7) does not apply, and the resolution shall be deemed to be passed by council.

s. 9(13)

After the expiry of the time period for council to override the head of council’s veto under subsection (9), the proposed budget amendment is deemed to be adopted by the municipality.

s. 10 — Powers re by-laws, s. 284.11.1 of the Act

(1) Section 284.11.1 of the Act does not apply with respect to,

s. 10(1)(a)

by-laws under sections 238, 289 and 290 of the Act; and

s. 10(1)(b)

by-laws with respect to the filling of vacancies under section 263 of the Act.

s. 10(2)

Section 284.11.1 of the Act applies with respect to by-laws under section 2 of the Development Charges Act, 1997.

s. 11 — Limit on certain powers, head of council

(1) The head of council shall not use any of the powers described in subsection (3) after the first day during the election for a new council on which it can be determined that one of the following applies to the new council or new head of council that will take office following the election:

s. 11(1)(1)

If the new council will have the same number of members as the outgoing council, the new council will include less than three-quarters of the members of the outgoing council.

s. 11(1)(2)

If the new council will have more members than the outgoing council, the new council will include less than three-quarters of the members of the outgoing council or, if the new council will include at least three-quarters of the members of the outgoing council, three-quarters of the members of the outgoing council will not constitute, at a minimum, a majority of the members of the new council.

s. 11(1)(3)

If the new council will have fewer members than the outgoing council, less than three-quarters of the members of the new council will have been members of the outgoing council or, if at least three-quarters of the members of the new council will have been members of the outgoing council, three-quarters of the members of the new council will not constitute, at a minimum, a majority of the members of the outgoing council.

s. 11(1)(4)

The new council does not have the same head of council as the outgoing council.

s. 11(2)

If a determination under subsection (1) is made,

s. 11(2)(a)

after nomination day but before voting day, the determination shall be based on the nominations to the new council that have been certified and any acclamations made to the new council; or

s. 11(2)(b)

after voting day, the determination shall be based on the declaration of the results of the election, including declarations of election by acclamation.

s. 11(3)

The powers referred to in subsection (1) are,

s. 11(3)(a)

appointing a chief administrative officer under section 284.5 of the Act;

s. 11(3)(b)

determining the organizational structure of the municipality under section 284.6 of the Act; and

s. 11(3)(c)

proposing a by-law under section 284.11.1 of the Act if the proposed by-law would authorize,

s. 11(3)(c)(i)

the disposition of any real or personal property of the municipality that has a value exceeding $50,000 at the time of disposal, or

s. 11(3)(c)(ii)

making any expenditure or incurring any other liability that exceeds $50,000.

s. 11(4)

Clause (3) (c) does not apply if the disposition or liability was included in the most recent budget adopted by the municipality before nomination day in the election.

s. 11(5)

Nothing in this section prevents a head of council from using any power in the event of an emergency.

s. 11(6)

Nothing in this section prevents a chief administrative officer or council from exercising any power of a head of council that is delegated to the chief administrative officer or council prior to nomination day for the election of the new council.

Schedule 1

SCHEDULE 1 DESIGNATED MUNICIPALITIES

Table

Item	Municipality
1.	Township of Adjala-Tosorontio
2.	Town of Ajax
3.	Town of Amherstburg
4.	Town of Arnprior
5.	Municipality of Arran-Elderslie
6.	Township of Ashfield-Colborne-Wawanosh
7.	Township of Athens
8.	Town of Atikokan
9.	Town of Aurora
10.	Town of Aylmer
11.	Town of Bancroft
12.	City of Barrie
13.	City of Belleville
14.	Township of Black River-Matheson
15.	Town of Blind River
16.	Municipality of Bluewater
17.	Town of Bracebridge
18.	Town of Bradford West Gwillimbury
19.	City of Brampton
20.	County of Brant
21.	City of Brantford
22.	Municipality of Brighton
23.	Township of Brock
24.	Municipality of Brockton
25.	City of Brockville
26.	City of Burlington
27.	Town of Caledon
28.	City of Cambridge
29.	Town of Carleton Place
30.	Municipality of Central Elgin
31.	Township of Central Frontenac
32.	Municipality of Central Huron
33.	Municipality of Central Manitoulin
34.	Township of Centre Wellington
35.	Township of Champlain
36.	Municipality of Chatham-Kent
37.	City of Clarence-Rockland
38.	Municipality of Clarington
39.	Township of Clearview
40.	Town of Cobalt
41.	Town of Cobourg
42.	Town of Cochrane
43.	Town of Collingwood
44.	City of Cornwall
45.	Town of Deep River
46.	City of Dryden
47.	United Townships of Dysart, Dudley, Harcourt, Guilford, Harburn, Bruton, Havelock, Eyre and Clyde
48.	Town of East Gwillimbury
49.	Township of East Zorra-Tavistock
50.	Township of Elizabethtown-Kitley
51.	City of Elliot Lake
52.	Town of Englehart
53.	Town of Espanola
54.	Town of Essex
55.	Town of Fort Erie
56.	Town of Fort Frances
57.	Municipality of French River
58.	Town of Gananoque
59.	Township of Georgian Bay
60.	Township of Georgian Bluffs
61.	Town of Georgina
62.	Town of Goderich
63.	Town of Gore Bay
64.	Town of Gravenhurst
65.	Town of Greater Napanee
66.	City of Greater Sudbury
67.	Municipality of Greenstone
68.	Municipality of Grey Highlands
69.	Town of Grimsby
70.	City of Guelph
71.	Haldimand County
72.	Town of Halton Hills
73.	City of Hamilton
74.	Town of Hanover
75.	Municipality of Hastings Highlands
76.	Town of Hawkesbury
77.	Town of Hearst
78.	Town of Huntsville
79.	Municipality of Huron East
80.	Municipality of Huron Shores
81.	Township of Huron-Kinloss
82.	Town of Ingersoll
83.	Town of Innisfil
84.	Town of Iroquois Falls
85.	Town of Kapuskasing
86.	City of Kawartha Lakes
87.	City of Kenora
88.	Township of Killaloe, Hagarty & Richards
89.	Municipality of Killarney
90.	Municipality of Kincardine
91.	Township of King
92.	City of Kingston
93.	Town of Kingsville
94.	Town of Kirkland Lake
95.	City of Kitchener
96.	Township of Lake of Bays
97.	Municipality of Lakeshore
98.	Municipality of Lambton Shores
99.	Township of Lanark Highlands
100.	Town of LaSalle
101.	Town of Latchford
102.	Township of Laurentian Valley
103.	Municipality of Leamington
104.	Township of Leeds and the Thousand Islands
105.	Town of Lincoln
106.	City of London
107.	Loyalist Township
108.	Township of Malahide
109.	City of Markham
110.	Town of Mattawa
111.	Municipality of Meaford
112.	Municipality of Middlesex Centre
113.	Town of Midland
114.	Town of Milton
115.	Township of Minden Hills
116.	Town of Minto
117.	City of Mississauga
118.	Municipality of Mississippi Mills
119.	Township of Muskoka Lakes
120.	The Nation Municipality
121.	Municipality of Neebing
122.	Town of New Tecumseth
123.	City of Niagara Falls
124.	Town of Niagara-on-the-Lake
125.	Norfolk County
126.	City of North Bay
127.	Township of North Frontenac
128.	Township of North Glengarry
129.	Township of North Huron
130.	Municipality of North Middlesex
131.	Municipality of North Perth
132.	Town of Northeastern Manitoulin and the Islands
133.	Town of Oakville
134.	Town of Orangeville
135.	City of Orillia
136.	Township of Oro-Medonte
137.	City of Oshawa
138.	City of Ottawa
139.	City of Owen Sound
140.	Town of Parry Sound
141.	Town of Pelham
142.	City of Pembroke
143.	Town of Penetanguishene
144.	Town of Perth
145.	Township of Perth East
146.	Township of Perth South
147.	Town of Petawawa
148.	City of Peterborough
149.	Town of Petrolia
150.	City of Pickering
151.	Town of Plympton-Wyoming
152.	City of Port Colborne
153.	Municipality of Port Hope
154.	Town of Prescott
155.	County of Prince Edward
156.	City of Quinte West
157.	Town of Rainy River
158.	Township of Ramara
159.	Town of Renfrew
160.	City of Richmond Hill
161.	Township of Rideau Lakes
162.	Township of Sables-Spanish Rivers
163.	City of Sarnia
164.	Town of Saugeen Shores
165.	City of Sault Ste. Marie
166.	Township of Scugog
167.	Township of Seguin
168.	Township of Severn
169.	Town of Shelburne
170.	Municipality of Sioux Lookout
171.	Town of Smiths Falls
172.	Township of South Algonquin
173.	Municipality of South Bruce
174.	Township of South Frontenac
175.	Municipality of South Huron
176.	Township of Southgate
177.	Municipality of Southwest Middlesex
178.	Township of South-West Oxford
179.	Township of Springwater
180.	City of St. Catharines
181.	Township of St. Clair
182.	Town of St. Marys
183.	City of St. Thomas
184.	Township of Stone Mills
185.	City of Stratford
186.	Municipality of Strathroy-Caradoc
187.	Township of Tay
188.	Tay Valley Township
189.	Town of Tecumseh
190.	Municipality of Temagami
191.	City of Temiskaming Shores
192.	Township of The Archipelago
193.	Town of The Blue Mountains
194.	Town of Thessalon
195.	City of Thorold
196.	City of Thunder Bay
197.	Town of Tillsonburg
198.	City of Timmins
199.	Municipality of Trent Hills
200.	Township of Uxbridge
201.	City of Vaughan
202.	Town of Wasaga Beach
203.	City of Waterloo
204.	City of Welland
205.	Municipality of West Grey
206.	Township of West Lincoln
207.	Municipality of West Nipissing
208.	Municipality of West Perth
209.	Town of Whitby
210.	Town of Whitchurch-Stouffville
211.	Township of Whitewater Region
212.	Township of Wilmot
213.	City of Windsor
214.	City of Woodstock
215.	Township of Woolwich

Table

46.1	Regional Municipality of Durham

Table

71.1	Regional Municipality of Halton

Table

118.1	Regional Municipality of Muskoka

Table

122.1	Regional Municipality of Niagara

Table

140.1	Regional Municipality of Peel

Table

169.1	County of Simcoe

Table

203.1	Regional Municipality of Waterloo

Table

216.	Regional Municipality of York