Bill 18 2010

An Act to amend the Municipal Act, 2001 to provide for the election of the head and the members of upper-tier municipal councils

Note: This Act amends the Municipal Act, 2001.  For the legislative history of the Act, see the Table of Consolidated Public Statutes – Detailed Legislative History at www.e-Laws.gov.on.ca.

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

   1.  (1)  Paragraph 2 of subsection 218 (1) of the Municipal Act, 2001 is repealed and the following substituted: 

    2.  The head of council shall be elected by general vote in accordance with the Municipal Elections Act, 1996.

   (2)  Paragraph 3 of subsection 218 (1) of the Act is repealed and the following substituted:

    3.  The members of council, except the head of council, shall be elected in accordance with the Municipal Elections Act, 1996 to the upper-tier council.

   (3)  Paragraph 5 of subsection 218 (1) of the Act is repealed and the following substituted:

    5.  The members shall be elected by general vote or wards or by any combination of general vote and wards.

   (4)  Section 218 of the Act is amended by adding the following subsection:

Conflict

   (1.1)  In the event of a conflict between a rule described in paragraph 2 or 3 of subsection (1) and any provision of this or any other Act, or a regulation or by-law made under this or any other Act, the rule in paragraph 2 or 3 of subsection (1) prevails.

   (5)  Clause 218 (2) (b) of the Act is repealed and the following substituted:

  (b)  change the method of selecting members of the council, including having members directly elected to the upper-tier council and not to the council of a lower-tier municipality or members elected to serve on both the upper-tier and lower-tier councils, or a combination of methods of election;

   (6)  Clauses 218 (2) (d) and (e) of the Act are repealed.

   (7)  Subsection 218 (4) of the Act is repealed.

   (8)  Subsection 218 (6) of the Act is repealed and the following substituted:

Regulations

   (6)  The Minister may make regulations,

  (a)  authorizing a regional municipality to exercise any power described in this section;

  (b)  respecting transitional matters which, in the opinion of the Minister, are necessary or desirable to facilitate the implementation of the amendments to this Act made by the Municipal Amendment Act (Local Democracy and Accountability), 2010.

   (9)  Subsection 218 (8) of the Act is amended by striking out "Except as provided in subsection (4)" at the beginning.

Commencement

   2.  This Act comes into force on the day it receives Royal Assent.

Short title

   3.  The short title of this Act is the Municipal Amendment Act (Local Democracy and Accountability), 2010.

EXPLANATORY NOTE

The Municipal Act, 2001 is amended to provide that the head of any upper-tier council, and the members of any upper-tier council, shall be elected.