[38] Bill 120 Original (PDF)
Bill 120 2004
An Act to amend the
City of Toronto Act, 1997
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Section 3 of the City of Toronto Act, 1997, as amended by the Statutes of Ontario, 1998, chapter 11, section 1, 1999, chapter 14, Schedule F, section 1 and 2002, chapter 17, Schedule F, Table, is repealed and the following substituted:
Council
Composition of council
3. (1) The council of the new city is composed of,
(a) the mayor, elected by general vote; and
(b) 44 other members, or such other number as may be set out by by-law, to be elected in accordance with subsection (2).
Same
(2) One member of the council, or such other number as may be set out by by-law, shall be elected for each ward.
Changes to composition
(3) The new city may change the composition of council by a by-law made under section 217 of the Municipal Act, 2001.
Transition
(4) The composition of the council as it exists on the day this Act receives Royal Assent continues until a by-law changing the composition is enacted.
2. Section 5 of the Act, as amended by the Statutes of Ontario, 1999, chapter 14, Schedule F, section 1 and 2002, chapter 17, Schedule F, Table, is repealed and the following substituted:
Wards
5. (1) The urban area is divided into 44 wards, or such other number as may be set out by by-law, and the boundaries of the wards are as set out by by-law.
Same
(2) The wards may be changed or dissolved by a by-law or an order made under section 222 or 223 of the Municipal Act, 2001.
Transition
(3) The wards as they exist on the day this Act receives Royal Assent continue until a by-law changing the wards is enacted.
3. (1) Subsection 7 (1) of the Act, as re-enacted by the Statutes of Ontario, 1999, chapter 14, Schedule F, section 1, is repealed and the following substituted:
Community councils
(1) The city council may, by by-law,
(a) establish community councils;
(b) provide for the composition of community councils; and
(c) establish the status, role and structure of community councils.
(2) Subsection 7 (2) of the Act, as re-enacted by the Statutes of Ontario, 1999, chapter 14, Schedule F, section 1, is amended by striking out the portion before paragraph 1 and substituting the following:
Same
(2) Subject to a by-law enacted under subsection (1), the following rules apply with respect to a by-law establishing community councils:
. . . . .
(3) Subsection 7 (4) of the Act is repealed and the following substituted:
Committee of council
(4) Subject to a by-law enacted under subsection (1), each community council is a committee of city council for all purposes.
4. The Act is amended by adding the following sections:
Elections
Municipal elections
8.1 (1) Despite sections 4, 5 and 6 of the Municipal Elections Act, 1996, city council may, by by-law, establish,
(a) when elections to council may be held;
(b) the voting date for regular elections to council; and
(c) the term of office for members of council.
Same
(2) A by-law made under clause (1) (c) establishing the term of office for members of council applies despite subsection 6 (2) of the Municipal Elections Act, 1996.
Election campaign finances
8.2 (1) City council may, by by-law, regulate election campaign financing.
Municipal Elections Act, 1996
(2) A by-law made under subsection (1) may replace or modify any provision in sections 66 to 82.1 of the Municipal Elections Act, 1996 or may exempt the city from any of those provisions.
Same
(3) In the event of a conflict between a by-law made under subsection (1) and a provision in sections 66 to 82.1 of the Municipal Elections Act, 1996, the by-law prevails.
Voters' list
Voting subdivisions
8.3 (1) For the purpose of a municipal election, the wards established by by-law shall be deemed to be the voting subdivisions for the city and section 18 of the Municipal Elections Act, 1996 does not apply to the city.
Preliminary voters' list
(2) In each year of a regular election, the clerk of the city shall prepare a preliminary voters' list for each ward of the city on or before the date set out by by-law.
Data
(3) The preliminary voters' list may be based on data from any source.
Contents
(4) The preliminary voters' list shall contain,
(a) the name and address of each person who is entitled to be an elector under section 17 of the Municipal Elections Act, 1996; and
(b) any additional information the clerk needs to determine for which offices each elector is entitled to vote.
Wards, residents and non-residents
(5) In addition to the information under subsection (4), the preliminary voters' list shall contain,
(a) the name of each resident elector for the ward in which he or she resides; and
(b) the name of each non-resident elector for the ward in which the elector or his or her spouse is an owner or tenant of land.
One entry only
(6) An elector's name shall appear on the preliminary voters' list for the city only once.
Homeless persons
(7) The clerk is not required to enter on the preliminary voters' list the name of a person whose residence is determined under subsection 2 (3) of the Municipal Elections Act, 1996.
Exemption
(8) Sections 18, 19 and 20 of the Municipal Elections Act, 1996 do not apply to the city.
Application
(9) Sections 21 to 28 of the Municipal Elections Act, 1996 apply, with necessary modifications, to a voters' list for the city.
Exemption
(10) Section 15 of the Assessment Act does not apply to the enumeration of the inhabitants of the city.
Commencement
5. This Act comes into force on the day it receives Royal Assent.
Short title
6. The short title of this Act is the City of Toronto Amendment Act, 2004.
EXPLANATORY NOTE
The Bill amends the City of Toronto Act, 1997 to permit the City of Toronto to:
1. Set its own ward boundaries.
2. Determine the number of councillors.
3. Amend the role of community councils.
4. Administer its own elections, including exempting itself from portions of the Municipal Elections Act, 1996.