Bill 82 2010

An Act to amend the City of Toronto Act, 2006 and the Legislative Assembly Act

This Act amends or repeals more than one Act.  For the legislative history of these Acts, 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:

City of Toronto Act, 2006

   1.  (1)  Subsection 135 (3) of the City of Toronto Act, 2006 is repealed and the following substituted:

Requirements

   (3)  The following rules apply to the composition of city council:

    1.  There shall be 32 members in total, one of whom shall be head of council and eight of whom shall be board of control members.

    2.  Subject to subsections (8) and (9), the members of council shall be elected in accordance with the Municipal Elections Act, 1996.

    3.  The head of council shall be elected by general vote.

    4.  The members, other than the head of council and the board of control members, shall be elected by general vote or wards or by any combination of general vote and wards.

    5.  The eight board of control members shall be elected by the board of control wards as divided for that purpose by the City.

   (2)  Section 135 of the Act is amended by adding the following subsections:

Two consecutive terms limitation

   (7)  A member of city council may hold that office for an unlimited number of terms, but the maximum number of consecutive terms shall be two.

Time for filing nomination

   (8)  Despite subsection 33 (4) of the Municipal Elections Act, 1996, a nomination for an office may be filed,

  (a)  during the 90-day period before nomination day in the year of a regular election, at a time when the clerk's office is open; or

  (b)  on nomination day, between 9 a.m. and 2 p.m.

Election campaign period

   (9)  Despite subsection 68 (1) of the Municipal Elections Act, 1996, a candidate's election campaign period for an office begins on nomination day and ends on voting day.

Eligibility for other government office

   (10)  A member of city council shall not be nominated for an office in an election to be a member of the Legislative Assembly or House of Commons of Canada unless his or her membership on council ceases by the close of nominations.

   2.  The Act is amended by adding the following section:

Board of control

   135.1  (1)  The board of control is composed of the head of council and eight board of control members.

Duties of the board of control

   (2)  The duties of the board of control shall include,

  (a)  responsibility for the City's financial matters, including the budget and the awarding of all contracts; and

  (b)  responsibility for all officers and employees of the City.

Board of control decisions

   (3)  City council may overturn any decision made by the board of control by a vote of two-thirds of its members.

Legislative Assembly Act

   3.  (1)  Subsection 9 (1) of the Legislative Assembly Act is amended by striking out "Subject to subsection (2)" at the beginning.

   (2)  Subsection 9 (2) of the Act is repealed.

Commencement and Short Title

Commencement

   4.  This Act comes into force on January 1, 2014.

Short title

   5.  The short title of this Act is the Toronto City Council Act, 2010.

EXPLANATORY NOTE

The Bill amends the City of Toronto Act, 2006 and the Legislative Assembly Act.  The City of Toronto Act, 2006 is amended to restructure the city council by limiting the number of members to 32 and by establishing a board of control to oversee all financial and personnel matters.  The Act is also amended to limit the number of consecutive terms of office held by a member of council to two, to shorten the nomination and campaign period of an election and to require members of council to resign before running for other government offices.

A consequential amendment is made to the Legislative Assembly Act.