Mayoral powers, directions and decisions pursuant to the Municipal Act, 2001
Mayoral special powers and duties under the Municipal Act, 2001
Under Part VI.1 of the Municipal Act, 2001, the Mayor, as the Head of Council, has the following special powers and duties:
- Appointing the City’s Chief Administrative Officer.*
- Hiring various senior City administrators and managers for departments, including reorganizing City departments.*
- Creating committees of Council (comprised only of Members of Council), assigning their functions and appointing the chairs and vice-chairs of these committees.*
- Proposing the City’s annual budget, which may be subject to Council amendments and a Mayoral veto and Council override process.
- Vetoing certain by-laws if the Mayor is of the opinion that all or part of the by-law could potentially interfere with a prescribed provincial priority.
- Bringing forward matters or by-laws for Council consideration if the Mayor is of the opinion that considering the matter or by-law could potentially advance a prescribed provincial priority.
*The Mayor may choose to delegate these specific powers and duties.
Legislative Framework:
In 2022, Bill 3, Strong Mayors, Building Homes Act, 2022, expanded mayoral powers by establishing a new Part VI.1 of the Municipal Act, 2001, titled “Special Powers and Duties of the Head of Council.” Bill 39, The Better Municipal Governance Act, 2002, further expanded the mayoral powers to propose and amend certain municipal by-laws related to prescribed provincial priorities. A mayoral proposed by-law is considered passed if more than one third of all Members of Council vote in favour of the by-law. Initially, these powers were extended only to the Cities of Toronto and Ottawa, and have since been expanded to an additional 26 municipalities across the province.
Ontario Regulation 530/22 designates the municipalities subject to the “Special Powers and Duties of the Head of Council” under the Municipal Act, 2001. As of July 1, 2023, this Regulation was amended to include 26 additional municipalities, including the City of Brampton, as being subject to the additional powers and duties of the Mayor.
Ontario Regulation 580/22 outlines the reasons, or provincial priorities, when the Mayor is permitted to exercise some of the additional powers and duties, specifically in regard to meetings, veto powers and by-laws. The reasons or provincial priorities include:
- Building 1.5 million new residential units by December 31, 2031.
- Constructing and maintaining infrastructure to support housing, including,
- transit,
- roads,
- utilities, and
- servicing.
The Mayor is required to exercise these powers in writing and make them available to the public, subject to the Municipal Freedom of Information and Protection of Privacy Act. A public listing of Mayoral Directions and Decisions is included below.
