Bill 68
Legislative amendments to three key pieces of municipal legislation were passed through Bill 68, which received Royal Assent on May 30th, 2017:
- The Municipal Act, 2001 sets out many of the roles, responsibilities and powers for Ontario's municipalities.
- The City of Toronto Act, 2006 sets a similar framework specifically for the City of Toronto, while reflecting Toronto's status as Ontario's largest municipality.
- The Municipal Conflict of Interest Act sets out conflict of interest rules for municipal council members and members of local boards.
Some changes made as part of the Bill are already in force, while most changes will come into force at a later date. To learn more about what changes are already in force and when others will take effect, view the legislation on e-laws.
Accountability and transparency
The changes will:
- Require municipalities to establish codes of conduct for members of municipal council and certain local boards, which could include rules that guide the ethical conduct of those members.
- Give the public and municipal councilors access to an integrity commissioner, with broadened powers to investigate conflict of interest complaints and provide advice to councillors.
- Provide a wider range of penalties for contraventions of the Municipal Conflict of Interest Act.
- Update the definition of “meeting” in the legislation
- Set out how municipalities may allow for electronic participation by council, local board and committee members at meetings that are open to the public. Participants would not be counted towards quorum and members would not be able to participate electronically in meetings that are closed to the public.
Municipal financial sustainability
Eligible municipalities have the option to invest according to the prudent investor standard. This may enable them to earn better investment returns by building a more diverse portfolio of investments.
The updated legislation also shortens the length of time a municipality has to wait to initiate a tax sale of a property to two years.
Responsive and flexible service delivery
New measures that will help support local governments with service delivery to their communities include:
- Clarifying that municipalities may pass climate change by-laws and participate in long-term energy planning.
- Requiring reviews of regional council composition after every second municipal election, beginning in 2018.
Pregnancy or parental leave
Elected council and school board members are entitled to take time off for pregnancy or parental leave.
While some municipalities currently have either formal or informal policies on this matter, upon proclamation, municipalities would be required to have a policy on pregnancy and parental leave for council members. A similar policy is also required for school board trustees.
The offices of members of council and school boards would be protected during an absence related to pregnancy, birth or the adoption of a member’s child for up to 20 consecutive weeks.