Mayoral Powers and Decisions

Strong mayor powers were granted to the City of Toronto and City of Ottawa in September 2022, and were expanded to include the City of Oshawa and 25 other large and fast-growing municipalities in Ontario as of July 1, 2023. The special powers and duties under Part VI.1 of the Municipal Act, 2001, S.O. 2001, c. 25 (Municipal Act, 2001) have been provided to those municipalities designated in Ontario Regulation 530/22 (O. Reg. 530/22) in order to support and advance the Provincial Priorities set out in Ontario Regulation 580/22 (O. Reg. 580/22), which include the Province’s commitment to:

• Build 1.5 million new homes by December 31, 2031 
• Construct and maintain infrastructure to support housing, including transit, roads, utilities, and servicing

Bill 3, Strong Mayors, Building Homes Act, 2022 received Royal Assent on September 8, 2022, and came into force on November 23, 2022.

Bill 3 amended the Municipal Act, 2001, providing the Mayor, as the head of Council, with the ability to veto certain by-laws approved by Council if the Mayor “is of the opinion that all or part of the by-law could potentially interfere with a prescribed provincial priority.” The Mayor is required to provide written notice of intent to consider vetoing the by-law within a prescribed time period. Council may override the Mayor’s veto if two-thirds of Council Members vote in favour of such an override.

Bill 3, and the associated O. Reg. 530/22, grants the Mayor, as head of Council, powers related to proposing the annual budget and initiating in-year budget amendments. Under O. Reg. 530/22, the Mayor is required to propose the budget by February 1. After the Mayor proposes the budget, Council can pass resolutions to amend the budget within 30 days (which may be shortened by Council resolution).  The Mayor may, within 10 days veto a budget amendment (which may be shortened by a Mayor’s decision).  Council may, within 15 days (which may be shortened by Council resolution), override a mayoral veto with a two-thirds majority vote. At the end of this process, the resulting budget is “deemed” to be adopted by the municipality.

Bill 39, Better Municipal Governance Act, 2022 received Royal Assent on December 8, 2022. With respect to Mayoral powers, Bill 39 amends the Municipal Act, 2001, to allow the Mayor to propose, and require Council to consider and vote on, certain a by-law related to prescribed Provincial Priorities (e.g. O. Reg. 580/22: Provincial Priorities). The by-law is considered passed if more than one-third of Members of Council vote in favour of the by-law.