Item - 2023.CC2.3
Tracking Status
- City Council adopted this item on December 14, 2022 with amendments.
- See also By-law 68-2023
CC2.3 - Legislative Changes to City Governance - Bill 3 and Bill 39
- Decision Type:
- ACTION
- Status:
- Amended
- Wards:
- All
City Council Decision
City Council on December 14 and 15, 2022, adopted the following:
1. City Council amend Municipal Code Chapter 169, City Officials to provide that the City Solicitor and the City Clerk are authorized to submit and process bills.
a. the City Clerk may process By-laws if the by-law is required as a result of the coming into force of Part VI.1 of the City of Toronto Act, 2006 or a decision made by the Mayor under Part VI.1 of the City of Toronto Act, 2006.
b. the City Solicitor, in consultation with the City Clerk, may submit bills directly to City Council for enactment where an action is required as a result of the coming into force of Part VI.1 of the City of Toronto Act, 2006 or a decision made by the Mayor under Part VI.1 of the City of Toronto Act, 2006.
2. City Council, consistent with the City Solicitor having been appointed by By-law 116-2017, request the Mayor to delegate to City Council under Section 226.11(1) of the City of Toronto Act, 2006 his authority under Section 226.4 to appoint and dismiss the City Solicitor and that the delegation provide that only City Council can exercise the delegated power.
3. City Council reaffirm its commitment to the principle of democracy on which our Procedures By-law is based that "the majority of members have the right to decide and the minority of members have the right to be heard," according to Section 2.2 of the Toronto Municipal Code Chapter 27, Council Procedures.
4. City Council request the Mayor of Toronto, and all future Mayors, not to exercise any power that allows for motions to be passed with less than a 50 percent+1 majority of Council members present.
5. City Council request the Province to conduct meaningful and substantive consultation with Toronto City Council on the regulations which indicate the prescribed provincial priorities, and on any future changes thereafter.
6. City Council request the Province of Ontario to consult with the City of Toronto on governance prior to granting authority to the City commensurate with Strong Mayor governance models and give the City of Toronto greater autonomy and decision-making authority, including but not limited to:
a. traffic safety measures;
b. planning and housing matters;
c. cannabis and liquor licence application approvals; and
d. revenue raising measures and budgeting measures, in particular, revenue tools that grow with the economy.
7. City Council request the Province of Ontario to amend Bill 39 to include a sunset clause such that the Act's necessity is reconsidered 6 months prior to municipal elections.
8. City Council request the Province of Ontario to repeal Schedules 1 and 3 of Bill 39.
Background Information (City Council)
https://www.toronto.ca/legdocs/mmis/2023/cc/bgrd/backgroundfile-230416.pdf
Attachment 1 - Bill 3, Strong Mayors, Building Homes Act, 2022 (in-force)
https://www.toronto.ca/legdocs/mmis/2023/cc/bgrd/backgroundfile-230417.pdf
Attachment 2 - Associated Regulations (in-force)
https://www.toronto.ca/legdocs/mmis/2023/cc/bgrd/backgroundfile-230418.pdf
Attachment 3 - Proposed Regulations Prescribing Provincial Priorities
https://www.toronto.ca/legdocs/mmis/2023/cc/bgrd/backgroundfile-230419.pdf
Attachment 4 - Bill 39, Better Municipal Governance Act, 2022 (not proclaimed)
https://www.toronto.ca/legdocs/mmis/2023/cc/bgrd/backgroundfile-230420.pdf
Attachment 5 - Proposed Provincial Amendments to Regulations
https://www.toronto.ca/legdocs/mmis/2023/cc/bgrd/backgroundfile-230421.pdf
Attachment 6 - Veto and Budget Process Scenarios
https://www.toronto.ca/legdocs/mmis/2023/cc/bgrd/backgroundfile-230422.pdf
Communications (City Council)
https://www.toronto.ca/legdocs/mmis/2023/cc/comm/communicationfile-156706.pdf
(November 21, 2022) Letter from Rita Bilerman, Chair, Annex Residents' Association (CC.Main)
https://www.toronto.ca/legdocs/mmis/2023/cc/comm/communicationfile-156707.pdf
(November 23, 2022) Letter from Geoff Kettel and Cathie Macdonald, Co-Chairs, Federation of North Toronto Residents' Associations (FoNTRA) (CC.Main)
https://www.toronto.ca/legdocs/mmis/2023/cc/comm/communicationfile-156708.pdf
(November 28, 2022) Letter from Anne Fleming, Chair, Harbord Village Residents' Association (CC.Main)
https://www.toronto.ca/legdocs/mmis/2023/cc/comm/communicationfile-156729.pdf
(December 1, 2022) E-mail from Ms. Stock (CC.Main)
(November 28, 2022) Letter from Rita Bilerman, Chair, Annex Residents' Association (CC.Main)
https://www.toronto.ca/legdocs/mmis/2023/cc/comm/communicationfile-156731.pdf
(December 10, 2022) E-mail from George Bell (CC.Supp)
(December 12, 2022) Letter from Michael Harrison (CC.Supp)
(December 15, 2022) E-mail from Carolyn Johnson (CC.New)
(December 15, 2022) E-mail from Zack Taylor (CC.New)
Motions (City Council)
REVISED
That:
1. City Council request the Mayor of Toronto, and all future Mayors, not exercise any power that allows for motions to be passed with less than a 50 percent+1 majority of Council members present.
Vote (Amend Item (Additional)) Dec-15-2022 4:53 PM
| Result: Carried | Majority Required - CC2.3 - Matlow - motion 1 |
|---|---|
| Total members that voted Yes: 14 | Members that voted Yes are Paul Ainslie, Alejandra Bravo, Lily Cheng, Mike Colle, Paula Fletcher, Stephen Holyday, Ausma Malik, Josh Matlow, Amber Morley, Jamaal Myers, Gord Perks, Anthony Perruzza, Jaye Robinson, Dianne Saxe |
| Total members that voted No: 11 | Members that voted No are Brad Bradford, Shelley Carroll, Gary Crawford, Vincent Crisanti, Nick Mantas, Jennifer McKelvie, Chris Moise, Frances Nunziata (Chair), James Pasternak, Michael Thompson, John Tory |
| Total members that were Absent: 1 | Members that were absent are Jon Burnside |
REVISED
That:
1. City Council request the Province of Ontario to repeal Schedules 1 and 3 of Bill 39.
Vote (Amend Item (Additional)) Dec-15-2022 4:54 PM
| Result: Carried | Majority Required - CC2.3 - Morley - motion 2 |
|---|---|
| Total members that voted Yes: 17 | Members that voted Yes are Paul Ainslie, Brad Bradford, Alejandra Bravo, Shelley Carroll, Lily Cheng, Mike Colle, Paula Fletcher, Stephen Holyday, Ausma Malik, Josh Matlow, Chris Moise, Amber Morley, Jamaal Myers, Gord Perks, Anthony Perruzza, Jaye Robinson, Dianne Saxe |
| Total members that voted No: 8 | Members that voted No are Gary Crawford, Vincent Crisanti, Nick Mantas, Jennifer McKelvie, Frances Nunziata (Chair), James Pasternak, Michael Thompson, John Tory |
| Total members that were Absent: 1 | Members that were absent are Jon Burnside |
That:
1. City Council reaffirm its commitment to the principle of democracy on which our Procedures By-law is based that "the majority of members have the right to decide and the minority of members have the right to be heard," according to Section 2.2 of the Toronto Municipal Code Chapter 27, Council Procedures.
Vote (Amend Item (Additional)) Dec-15-2022 4:56 PM
| Result: Carried | Majority Required - CC2.3 - Bravo - motion 3 |
|---|---|
| Total members that voted Yes: 20 | Members that voted Yes are Paul Ainslie, Brad Bradford, Alejandra Bravo, Shelley Carroll, Lily Cheng, Mike Colle, Paula Fletcher, Stephen Holyday, Ausma Malik, Nick Mantas, Josh Matlow, Chris Moise, Amber Morley, Jamaal Myers, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Dianne Saxe, Michael Thompson |
| Total members that voted No: 5 | Members that voted No are Gary Crawford, Vincent Crisanti, Jennifer McKelvie, Frances Nunziata (Chair), John Tory |
| Total members that were Absent: 1 | Members that were absent are Jon Burnside |
That:
1. City Council request the Province of Ontario to amend Bill 39 to include a sunset clause such that the act's necessity is reconsidered 6 months prior to municipal elections.
Vote (Amend Item (Additional)) Dec-15-2022 4:57 PM
| Result: Carried | Majority Required - CC2.3 - Pasternak - motion 4 |
|---|---|
| Total members that voted Yes: 24 | Members that voted Yes are Paul Ainslie, Brad Bradford, Alejandra Bravo, Shelley Carroll, Lily Cheng, Mike Colle, Gary Crawford, Vincent Crisanti, Paula Fletcher, Stephen Holyday, Ausma Malik, Nick Mantas, Jennifer McKelvie, Chris Moise, Amber Morley, Jamaal Myers, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Dianne Saxe, Michael Thompson, John Tory |
| Total members that voted No: 1 | Members that voted No are Josh Matlow |
| Total members that were Absent: 1 | Members that were absent are Jon Burnside |
That City Council refer the Item to the Executive Committee for consideration.
Vote (Refer Item) Dec-15-2022 4:09 PM
| Result: Lost | Majority Required - CC2.3 - Perks - motion 5 - Refer the Item |
|---|---|
| Total members that voted Yes: 9 | Members that voted Yes are Alejandra Bravo, Lily Cheng, Paula Fletcher, Ausma Malik, Josh Matlow, Amber Morley, Jamaal Myers, Gord Perks, Dianne Saxe |
| Total members that voted No: 15 | Members that voted No are Paul Ainslie, Brad Bradford, Jon Burnside, Shelley Carroll, Mike Colle, Gary Crawford, Vincent Crisanti, Stephen Holyday, Nick Mantas, Jennifer McKelvie, Chris Moise, Frances Nunziata (Chair), James Pasternak, Michael Thompson, John Tory |
| Total members that were Absent: 2 | Members that were absent are Anthony Perruzza, Jaye Robinson |
REVISED
That:
1. City Council request the Province of Ontario to provide strong city powers that give the City of Toronto greater autonomy and decision-making authority, including but not limited to:
a. traffic safety measures;
b. planning and housing matters;
c. cannabis and liquor licence application approvals; and
d. revenue raising measures and budgeting measures, in particular, revenue tools that grow with the economy. and are used in every municipal system that includes a Strong Mayor model.
Amended by motion 9 by Councillor Mike Colle.
Vote (Amend Item (Additional)) Dec-15-2022 4:59 PM
| Result: Carried | Majority Required - CC2.3 - McKelvie - motion 6 as amended |
|---|---|
| Total members that voted Yes: 24 | Members that voted Yes are Paul Ainslie, Brad Bradford, Alejandra Bravo, Shelley Carroll, Lily Cheng, Mike Colle, Gary Crawford, Vincent Crisanti, Paula Fletcher, Ausma Malik, Nick Mantas, Josh Matlow, Jennifer McKelvie, Chris Moise, Amber Morley, Jamaal Myers, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Dianne Saxe, Michael Thompson, John Tory |
| Total members that voted No: 2 | Members that voted No are Jon Burnside, Stephen Holyday |
| Total members that were Absent: 0 | Members that were absent are |
That:
1. City Council request the Province to conduct meaningful and substantive consultation with Toronto City Council on the regulations which indicate the prescribed provincial priorities, and on any future changes thereafter.
Vote (Amend Item (Additional)) Dec-15-2022 5:00 PM
| Result: Carried | Majority Required - CC2.3 - Holyday - motion 7 |
|---|---|
| Total members that voted Yes: 26 | Members that voted Yes are Paul Ainslie, Brad Bradford, Alejandra Bravo, Jon Burnside, Shelley Carroll, Lily Cheng, Mike Colle, Gary Crawford, Vincent Crisanti, Paula Fletcher, Stephen Holyday, Ausma Malik, Nick Mantas, Josh Matlow, Jennifer McKelvie, Chris Moise, Amber Morley, Jamaal Myers, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Dianne Saxe, Michael Thompson, John Tory |
| Total members that voted No: 0 | Members that voted No are |
| Total members that were Absent: 0 | Members that were absent are |
That:
1. City Council, consistent with the City Solicitor having been appointed by By-law 116-2017, request the Mayor to delegate to City Council under s. 226.11(1) of the City of Toronto Act, 2006 his authority under s. 226.4 to appoint and dismiss the City Solicitor and that the delegation provide that only City Council can exercise the delegated power.
Vote (Amend Item (Additional)) Dec-15-2022 5:02 PM
| Result: Carried | Majority Required - CC2.3 - Fletcher - motion 8 |
|---|---|
| Total members that voted Yes: 25 | Members that voted Yes are Paul Ainslie, Brad Bradford, Alejandra Bravo, Shelley Carroll, Lily Cheng, Mike Colle, Gary Crawford, Vincent Crisanti, Paula Fletcher, Stephen Holyday, Ausma Malik, Nick Mantas, Josh Matlow, Jennifer McKelvie, Chris Moise, Amber Morley, Jamaal Myers, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Dianne Saxe, Michael Thompson, John Tory |
| Total members that voted No: 1 | Members that voted No are Jon Burnside |
| Total members that were Absent: 0 | Members that were absent are |
That City Council amend motion 6 by Councillor McKelvie so that the lead in sentence for Recommendation 1 now reads as follows:
1. City Council request the Province of Ontario to consult with the City of Toronto on governance prior to granting authority to the City commensurate with Strong Mayor governance models and provide strong city powers that give the City of Toronto greater autonomy and decision-making authority, including but not limited to:
Vote (Adopt Item as Amended) Dec-15-2022 5:03 PM
| Result: Carried | Majority Required - CC2.3 - Adopt the Item as amended |
|---|---|
| Total members that voted Yes: 16 | Members that voted Yes are Paul Ainslie, Brad Bradford, Shelley Carroll, Mike Colle, Gary Crawford, Vincent Crisanti, Stephen Holyday, Nick Mantas, Jennifer McKelvie, Chris Moise, Amber Morley, James Pasternak, Jaye Robinson, Dianne Saxe, Michael Thompson, John Tory |
| Total members that voted No: 10 | Members that voted No are Alejandra Bravo, Jon Burnside, Lily Cheng, Paula Fletcher, Ausma Malik, Josh Matlow, Jamaal Myers, Frances Nunziata (Chair), Gord Perks, Anthony Perruzza |
| Total members that were Absent: 0 | Members that were absent are |