The Ontario government is proposing legislation that would give Toronto’s mayor more powers, but what exactly does that mean?
Toronto City Council already delegates some of the powers included in the proposed law to the mayor, but the new law would make it impossible for the council to take those powers away. Others, such as the right of veto on matters of provincial importance, are entirely new.
Here’s a rundown of some of the changes Doug Ford’s government is proposing for City Hall.
CONTROL OF THE CITY’S BUDGET
Currently, the council as a whole has the duty and authority to prepare a budget and direct municipal staff for this purpose. Toronto has a budget commission that takes responsibility for preparing the city’s budget each year.
Under the new framework, the mayor will be responsible for preparing and submitting a municipal budget each year for consideration by the council.
The council will have a prescribed time to pass the amendments, and the mayor in turn will have a prescribed time to veto the amendments. The Council will then have a chance to override any of the mayor’s vetoes.
At the end of the cancellation period, the received budget will be considered accepted.
VETO POWERS
A new power of veto will allow the mayor to override the council on matters of “provincial priority”.
The mayor will still have one vote on regular council decisions, but can use his veto power to override a council-approved bylaw when he believes it would advance a provincial priority.
The government has not yet clarified what can be considered a provincial priority.
They would have to give notice of their intention to consider vetoing the bylaw within two days of the council adopting that bylaw, and would only be able to use the veto within 14 days.
The mayor must also provide written reasons for exercising the veto.
The council would be able to override the mayor’s veto with a two-thirds majority within 21 days.
APPOINTMENT OF CHIEF ADMINISTRATIVE OFFICER (CAO)
Toronto City Council currently appoints a city manager, also known as a chief administrative officer, or CAO, who oversees the municipal bureaucracy. The job is the highest non-elected office in the city.
Under the new framework, the mayor will have the power to appoint a city manager, although he may choose to delegate that power to the council or another body.
HIRING OF DEPARTMENT MANAGERS AND CREATION / REORGANIZATION OF DEPARTMENTS
Council currently has the power to hire and fire city staff through bylaws. The proposed framework would give the mayor the power to hire department heads and create or reorganize departments as he/she sees fit. This power would not apply to statutory appointments to positions such as auditor general, police chief, fire chief or medical officer of health.
APPOINTMENT OF CHAIRMEN OF COMMISSIONS AND LOCAL SERVICES
Council currently has the power to appoint committee members and create committees, although Toronto City Council delegates the power to appoint committee chairs to the Mayor.
The Ford government’s legislation would give the mayor the power, under provincial law, to appoint committee chairs and create committees. The mayor will also have the power to appoint chairpersons of local councils, but may choose to delegate this power.
OPPORTUNITY TO ADD “PROVINCE PRIORITY” ITEMS TO THE COUNCIL AGENDA
Municipalities are required to adopt rules of procedure that govern council meetings, including how items are added to the agenda of council meetings.
While Toronto has a policy that allows the mayor to add new items to the council agenda without first going through a committee, the new law will give the mayor provincially-granted powers to add agenda items that are “consistent with priorities of the province”.
The mayor will also be able to direct staff to develop proposals to present to the council.
THE VACANCIES FOR MAYOR WILL HAVE TO BE FILLED THROUGH BY-LAWS
Currently, vacancies on the city council can be filled either by by-election or by appointment by the council.
The proposed change would require any vacant City Hall seat to be filled only through by-elections.
However, some caveats will still apply.
In an election year, no by-election to fill a vacancy may be held after March 31. In this case, the council would have the right to fill the vacancy by appointment, but the appointed mayor would not have the powers of a “strong mayor”.
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