Bill Summary

Bill 5, Better Local Government Act, 2018

EXPLANATORY NOTE



The Bill amends various Acts. The major elements of the Bill are described below.



SCHEDULE 1

City of Toronto Act, 2006



Section 127 of the City of Toronto Act, 2006 currently sets out the division of the City of Toronto into wards. The section is amended to provide that the current division of the City into wards no longer applies after city council is organized following the 2018 regular election.



Currently, section 128 of the Act sets out rules regarding the City’s authority to divide or redivide the City into wards or to dissolve existing wards. The section is re-enacted to set out rules that provide that the City is divided into wards whose boundaries are identical to those of the electoral districts for Ontario that are within the boundaries of the City, commencing on the day city council is organized following the 2018 regular election.



Section 129 of the Act, which governs petitions asking city council for changes to City wards, is repealed.



Section 130 of the Act sets out the current composition of city council. The section is amended to provide that the current composition no longer applies after city council is organized following the 2018 regular election.



Section 135 currently sets out rules regarding the City’s authority to change the composition of city council. The section is re-enacted to set out rules regarding the composition of city council commencing on the day city council is organized following the 2018 regular election.



The 2018 regular election for the City will be conducted as if the division of the City into wards and the composition of city council, as described above, were already in effect.



Amendments are also made to provisions in the Act that refer to the City’s powers with respect to determining the governance structure of the City (see sections 2 and 8 of the Act). Other amendments are made to remove references to the City’s power to establish, change or dissolve wards and to change the composition of city council (see subsections 4 (3) and 151 (2) of the Act).



SCHEDULE 2

Municipal Act, 2001



Currently, section 218.1 of the Municipal Act, 2001 provides that for the 2018 regular election the head of council of certain regional municipalities shall be elected by general vote. The section is re-enacted to provide that for the regular election in 2018, the head of council for certain regional municipalities shall be elected by a general vote and that the head of council for certain other regional municipalities shall be selected by appointment. Related regulation making authority is provided. Paragraph 2.1 of subsection 218 (1), which provides that the head of council of certain regional municipalities shall be elected by general vote for a regular election after 2018, is repealed. A new section 218.2 provides that a regional municipality referred to in section 218.1 is not prevented from changing the method for selecting its head of council for any regular election after 2018.



SCHEDULE 3

Municipal Elections Act, 1996



The Municipal Elections Act, 1996 is amended by adding special rules regarding the 2018 regular election in the City of Toronto. Except for the head of council, the nomination day for this election is September 14, 2018, and the nomination day as set out in section 31 of the Act is deemed not to have occurred. A person who filed a nomination must notify the clerk of the office on the council or on a school board, as the case may be, for which the person wishes to be nominated. Regulation making authority with respect to related and transitional issues is provided.



The Act is also amended to deem nominations for the office of head of council of a municipality referred to in subsection 218.1 (1) of the Municipal Act, 2001 to have been withdrawn. Regulation making authority with respect to carrying out the 2018 regular election in these municipalities is provided.