That the Corporate Services Committee recommend to City Council:
Whereas, on August 10, 2022, the Ontario government introduced Bill 3, Strong Mayors, Building Homes Act, 2022 (“Strong Mayors, Building Homes Act”), which amends the Municipal Act, 2001, the City of Toronto Act, 2006, and the Municipal Conflict of Interest Act to advance provincial priorities; and,
Whereas, the Strong Mayors, Building Homes Act provides the mayors of Toronto and Ottawa with new powers, which alters the governance and public administration of the cities of Ottawa and Toronto; and,
Whereas, changes to the Strong Mayors, Building Homes Act gives the mayors of Toronto and Ottawa, as head of council, broader scope of authority including, but not limited to, the following powers:
- Direct municipal employees to:
- undertake research and provide advice to the head of council and the municipality on policies and programs of the municipality;
- carry out duties related to the exercise of the power or performance of the duty, including implementing any decisions made by the head of council;
- Appoint a chief administrative officer:
- the powers of a municipality under section 229 of the Municipal Act, 2001, with respect to the chief administrative officer, are assigned to the head of council;
- Powers regarding organizational structure:
- determine the organizational structure of the municipality are assigned to the head of council;
- Employment matters:
- hire, dismiss or exercise any other prescribed employment powers with respect to the chief administrative officer, head of any division or the head of any other part of the organizational structure (excluding those positions appointed by statute or any other prescribed persons);
- Powers re local boards:
- appoint, dismiss or revoke the appointment of chairs and vice-chairs of local boards;
- Powers re committees:
- establish or dissolve committees;
- appoint, dismiss or revoke chairs and vice-chairs of committees;
- assign functions to committees;
- Powers re meetings:
- despite any procedure by-law passed by the municipality, if a particular matter could potentially advance a prescribed provincial priority, the head of council may require the council to consider the matter at a meeting;
- Veto powers:
- despite any procedure by-law passed by the municipality, if the head of council is of the opinion that all or part of a by-law could potentially interfere with a prescribed provincial priority, the head of council may provide written notice to the council of that municipality regarding intent to consider vetoing the by-law;
- Powers and duties re budget:
- the powers and duties of a municipality with respect to proposing and adopting a budget are assigned to the head of council;
- prepare a proposed budget for the municipality and provide the proposed budget to the council for the council’s consideration; and,
Whereas, these additional powers could extend to other municipal mayors; and,
Whereas, the amendments could have unintended consequences including reducing the role and responsibilities of municipal Councils on such matters, thereby detrimentally affecting local democracy; and,
Whereas, at the August 2022 AMO Conference, the Premier of Ontario stated the importance of working with municipal partners and the power of collaboration in building Ontario together; and,
Whereas, there was limited consultation with members of the public, Ontario municipalities including mayors, chief administrative officers / city managers as well as key stakeholders such as the Association of Municipalities of Ontario (“AMO:), Ontario Municipal Administrators’ Association (“OMAA”), Association of Municipal Managers, Clerks and Treasurers of Ontario (“AMCTO”); and,
Whereas, the current municipal governance is democratic and is effective and efficient in achieving provincial priorities; and,
Whereas, the changes to Bill 3 are intended to take effect on November 15, 2022,the start date of a new municipal council term;
Therefore be it resolved:
- That Mayor Dan Carter send a letter to the Premier of Ontario, Minister of Municipal Affairs and Housing, Deputy Minister of Municipal Affairs and Housing, Secretary of the Cabinet, Head of the Ontario Public Service, Deputy Attorney General of Ontario, Attorney General, MPP Parliamentary Assistant to the Attorney General advising that:
- Oshawa City Council does not support the amendments to Bill 3, Strong Mayors, Building Homes Act, 2022; and,
- Oshawa City Council does not support the amendments applying to the City of Oshawa;
- That a copy of the Council resolution be provided to the Region of Durham, all Durham Region municipalities, Durham Region Members of Provincial Parliament, AMO, OMAA and AMCTO.