Regulatory View: Ward 18 Conservancy
( display item 3)
01-Mar-2012 by Belinda Cole 
All of these excerpts are taken from The City of Toronto Act
Here are some of Council's key responsibilities when making governance decisions:
City staff have suggested that CELOS enter into a partnership agreement with the City. In this case, Council might wish to suspend specific city policies that make it impossible to do what works at the 4 local parks – to study the existing, time-tested local accountability practices. The goal of the pilot would be to demonstrate how inexpensive, day-to-day safeguards work to achieve the goals of accountable, transparent, responsive governance, without using the 3 accountability officer mechanisms (auditor general, integrity commissioner, and lobbyist registrar) which we never intended for a small-scale, local context.
Or, depending on the conservancy's powers and roles, Council might choose to establish the conservancy and pilot project by passing a city by-law, instead, as it has done to create other Boards of Management.
Here are some excerpts from The City of Toronto Act that might guide. or pertain to Council's decision:
PART I INTERPRETATION
1. (1) The City of Toronto exists for the purpose of providing good government with respect to matters within its jurisdiction, and the city council is a democratically elected government which is responsible and accountable. 2006, c. 11, Sched. A, s. 1 (1).
Purposes of this Act
2. The purpose of this Act is to create a framework of broad powers for the City which balances the interests of the Province and the City and which recognizes that the City must be able to do the following things in order to provide good government:
3. (1) In this Act,
“city board” means a city board established or deemed to be established by the City under this Act, but does not include a corporation incorporated by the City in accordance with section 148 or an appeal body established under section 115 for local land use planning matters; (“commission municipale”)
“local board” means a city board, transportation commission, public library board, board of health, police services board, planning board, or any other board, commission, committee, body or local authority established or exercising any power under any Act with respect to the affairs or purposes of one or more municipalities, excluding a school board and a conservation authority; (“conseil local”)
“power”, in relation to the authority of the City or other body, includes capacity, rights, powers and privileges; (“pouvoir”)
“system” means one or more programs or facilities (including real and personal property) of a person used to provide services and things to the person or to any other person and includes administration related to the programs, facilities, services and things; (“réseau”, “système”)
PART II GENERAL POWERS OF THE CITY
6. (1) The powers of the City under this or any other Act shall be interpreted broadly so as to confer broad authority on the City to enable the City to govern its affairs as it considers appropriate and to enhance the City’s ability to respond to municipal issues. 2006, c. 11, Sched. A, s. 6 (1); 2006, c. 32, Sched. B, s. 2.
(2) In the event of ambiguity in whether or not the City has the authority under this or any other Act to pass a by-law or to take any other action, the ambiguity shall be resolved so as to include, rather than exclude, powers the City had on the day before this section came into force. 2006, c. 11, Sched. A, s. 6 (2).
Powers of a natural person
7. The City has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act. 2006, c. 11, Sched. A, s. 7.
8. (1) The City may provide any service or thing that the City considers necessary or desirable for the public. 2006, c. 11, Sched. A, s. 8 (1).
(2) The City may pass by-laws respecting the following matters:
Scope of by-law making power
(3) Without limiting the generality of section 6, a by-law under this section respecting a matter may,
(a) regulate or prohibit respecting the matter;
(b) require persons to do things respecting the matter;
(c) provide for a system of licences respecting the matter. 2006, c. 11, Sched. A, s. 8 (3).
One power not affecting another
(4) The power to pass a by-law respecting a matter set out in a paragraph of subsection (2) is not limited or restricted by the power to pass a by-law respecting a matter set out in another paragraph of subsection (2). 2006, c. 11, Sched. A, s. 8 (4).
Services or things provided by others
(5) The power to pass a by-law respecting the matter set out in paragraph 7 of subsection (2) does not include the power to pass a by-law respecting services or things provided by a person other than the City or a city board. 2006, c. 11, Sched. A, s. 8 (5).
(5.1) Nothing in subsection (5) prevents the City passing a by-law with respect to services or things provided by any person to the extent necessary,
(a) to ensure that the physical operation of a system of the City or of a city board is not impaired; or
(b) to ensure that the City, a city board or a system of the City or city board meets any provincial standards or regulations that apply to it. 2006, c. 32, Sched. B, s. 3 (3).
(6) In this section,
“local board (restricted definition)” means a local board other than,
(a) a society as defined in subsection 3 (1) of the Child and Family Services Act,
(b) a board of health as defined in subsection 1 (1) of the Health Protection and Promotion Act,
(c) a committee of management established under the Long-Term Care Homes Act, 2007,
(d) a police services board established under the Police Services Act,
(e) a board as defined in section 1 of the Public Libraries Act, or
(f) a corporation established in accordance with section 148. 2006, c. 11, Sched. A, s. 8 (6); 2007, c. 8, s. 198 (1).
Delegation of Powers and Duties For Celos' [
General power to delegate
20. (1) Without limiting sections 7 and 8, those sections authorize the City to delegate its powers and duties under this or any other Act to a person or body subject to the restrictions set out in this Part. 2006, c. 11, Sched. A, s. 20 (1).
Scope of power
(2) The following rules apply to a by-law delegating any of the City’s powers or duties:
1. A delegation may be revoked at any time without notice unless the delegation by-law specifically limits the City’s power to revoke the delegation.
2. A delegation shall not limit the right to revoke the delegation beyond the term of the council which made the delegation.
3. A delegation may provide that only the delegate can exercise the delegated power or that both the City and the delegate can exercise the power.
4. A delegation or deemed delegation under paragraph 6 of a duty results in the duty being a joint duty of the City and the delegate.
5. A delegation may be made subject to such conditions and limits as City council considers appropriate.
6. Where a power is delegated, the power is deemed to be delegated subject to any limits on the power and to any procedural requirements, including conditions, approvals and appeals which apply to the power and any duties related to the power are deemed to be delegated with the power. 2006, c. 11, Sched. A, s. 20 (2).
(3) The conditions and limits referred to in paragraph 5 of subsection (2) may include such matters as the following:
1. A requirement that the delegate act by by-law, resolution or otherwise, despite subsection 132 (3).
2. Procedures that the delegate is required to follow.
3. The accountability of the delegate and the transparency of the delegate’s actions and decisions. 2006, c. 11, Sched. A, s. 20 (3).
Restriction re: delegation of legislative and quasi-judicial powers
21. (1) Sections 7 and 8 do not authorize the City to delegate legislative and quasi-judicial powers under any Act except those listed in subsection (2) and the legislative and quasi-judicial powers under the listed Acts may be delegated only to,
(a) one or more members of city council or a council committee;
(b) a body having at least two members of whom at least 50 per cent are,
(i) members of city council,
(ii) individuals appointed by city council,
(iii) a combination of individuals described in subclauses (i) and (ii); or
(c) an individual who is an officer, employee or agent of the City. 2006, c. 11, Sched. A, s. 21 (1); 2006, c. 32, Sched. B, s. 5 (1).
(2) For the purpose of subsection (1), the listed Acts are this Act, the Planning Act, a private Act relating to the City and such other Acts as may be prescribed. 2006, c. 32, Sched. B, s. 5 (2).
Restriction re certain corporations
(3) Despite clause (1) (b), no delegation of a legislative or quasi-judicial power shall be made to a corporation incorporated in accordance with section 148. 2006, c. 11, Sched. A, s. 21 (3).
Restriction re officers, employees, etc.
(4) No delegation of a legislative power shall be made to an individual described in clause (1) (c) unless, in the opinion of city council, the power being delegated is of a minor nature and, in determining whether or not a power is of a minor nature, city council, in addition to any other factors council wishes to consider, shall have regard to the number of people, the size of geographic area and the time period affected by an exercise of the power. 2006, c. 11, Sched. A, s. 21 (4).
(5) Without limiting subsection (4), the following are examples of powers considered to be of a minor nature:
1. The power to close a highway temporarily.
2. The power to issue and impose conditions on a licence.
3. The powers of city council that are described in the following provisions of the old Municipal Act, as those provisions read on December 31, 2002:
i. Paragraphs 107, 108, 109 and 110 of section 210.
ii. Paragraph 3 of section 308.
iii. Subsection 312 (2) and clauses 312 (4) (a) and (b). 2006, c. 11, Sched. A, s. 21 (5); 2006, c. 32, Sched. B, s. 5 (3).
Powers that cannot be delegated
22. (1) Sections 7 and 8 do not authorize the City to delegate any of the following powers and duties:
1. The power to appoint or remove from office an officer of the City whose appointment is required by this Act.
2. The power to pass a by-law under section 267 and Parts XI, XII and XIII.
3. The power to incorporate corporations in accordance with section 148.
4. The power to adopt an official plan or an amendment to an official plan under the Planning Act.
5. The power to pass a zoning by-law under the Planning Act.
6. The power to pass a by-law in accordance with subsections 84 (1) and (2) and 252 (3), (6) and (7).
7. The power to adopt a community improvement plan under section 28 of the Planning Act, if the plan includes provisions that authorize the exercise of any power under subsection 28 (6) or (7) of that Act or under section 333 of this Act.
8. The power to adopt or amend the budget of the City.
9. Any other power or duty that may be prescribed. 2006, c. 11, Sched. A, s. 22; 2006, c. 32, Sched. B, s. 6 (1, 2).
(2) Nothing in subsection (1) prevents the City from delegating its administrative powers. 2006, c. 32, Sched. B, s. 6 (3).
Effect of delegation to city boards
23. (1) When the City has delegated a power or duty to a city board, the City may provide that any existing by-law or resolution of the City that relates to the delegated power or duty is, to the extent it applies in any part of the City, deemed to be a by-law or resolution of the board. 2006, c. 11, Sched. A, s. 23 (1).
(2) If a municipal service or activity is under the control and management of a city board, nothing in this Act or a by-law made under this Act,
(a) authorizes the city board to provide for the financing of the municipal service or activity otherwise than by fees and charges under Part IX (Fees and Charges) unless the city board has the consent of the City to do so;
(b) removes from the City its power to finance the capital and operating costs of providing the service or activity as if the City had control and management of the service or activity; or
(c) removes from the City its power to deal with real and personal property in connection with the service or activity as if the City had control and management of the service or activity. 2006, c. 11, Sched. A, s. 23 (2).
Delegation re hearings
24. (1) This section applies when the City is required by law to hold a hearing or provide an opportunity to be heard before making a decision or taking a step, whether the requirement arises from an Act or from any other source of law. 2006, c. 32, Sched. B, s. 7.
(2) Despite subsections 21 (1) and (2), sections 7 and 8 authorize the City to delegate to a person or body described in subsection 21 (1) the power or duty to hold a hearing or provide an opportunity to be heard before the decision is made or the step is taken. 2006, c. 32, Sched. B, s. 7.
Rules re effect of delegation
(3) If the City delegates a power or duty as described in subsection (2) but does not delegate the power to make the decision or take the step, the following rules apply:
1. If the person or body holds the hearing or provides the opportunity to be heard, the City is not required to do so.
2. If the decision or step constitutes the exercise of a statutory power of decision to which the Statutory Powers Procedure Act applies, that Act, except sections 17, 17.1, 18 and 19, applies to the person or body and to the hearing conducted by the person or body. 2006, c. 32, Sched. B, s. 7.
Role of city council
131. It is the role of city council,
(a) to represent the public and to consider the well-being and interests of the City;
(b) to develop and evaluate the policies and programs of the City;
(c) to determine which services the City provides;
(d) to ensure that administrative policies, practices and procedures and controllership policies, practices and procedures are in place to implement the decisions of council;
(e) to ensure the accountability and transparency of the operations of the City, including the activities of the senior management of the City;
(f) to maintain the financial integrity of the City; and
(g) to carry out the duties of council under this or any other Act. 2006, c. 11, Sched. A, s. 131.
Powers of city council
132. (1) The powers of the City shall be exercised by city council. 2006, c. 11, Sched. A, s. 132 (1).
(2) Anything begun by one council may be continued and completed by a succeeding council. 2006, c. 11, Sched. A, s. 132 (2).
(3) A power of the City, including the City’s capacity, rights, powers and privileges under section 7, shall be exercised by by-law unless the City is specifically authorized to do otherwise. 2006, c. 11, Sched. A, s. 132 (3).
(4) Subsections (1) to (3) apply to all of the City’s powers, whether conferred by this Act or otherwise. 2006, c. 11, Sched. A, s. 132 (4).
Role of the mayor as head of council
133. (1) It is the role of the mayor of the City, as the head of council,
(a) to act as chief executive officer of the City;
(b) to preside over meetings of council so that its business can be carried out efficiently and effectively;
(c) to provide leadership to council;
(d) to represent the City at official functions; and
(e) to carry out the duties of the head of council under this or any other Act. 2006, c. 11, Sched. A, s. 133 (1).
(2) Without limiting clause (1) (c), the mayor’s role includes providing information and making recommendations to council with respect to council’s role under clauses 131 (d) and (e). 2006, c. 11, Sched. A, s. 133 (2).
(3) The City may, with the consent of the head of council, appoint a member of council to act in the place of the head of council on any body, of which the head of council is a member by virtue of being head of council. 2006, c. 11, Sched. A, s. 133 (3).
Role of the mayor as chief executive officer
134. As chief executive officer of the City, the mayor shall,
(a) uphold and promote the purposes of the City;
(b) promote public involvement in the City’s activities;
(c) act as the representative of the City both within and outside the City, and promote the City locally, nationally and internationally; and
(d) participate in and foster activities that enhance the economic, social and environmental well-being of the City and its residents. 2006, c. 11, Sched. A, s. 134.
Functions of city boards
143. (1) The City may give a city board the control and management of such municipal services and activities as the City considers appropriate and shall do so by delegating the powers and duties of the City to the board in accordance with this Act. 2006, c. 11, Sched. A, s. 143 (1).
Powers and duties
(2) The following provisions apply with necessary modifications to a city board, except as otherwise provided by a city by-law:
1. Section 7 (Powers of a natural person).
2. Part XV (Enforcement), except sections 374 (City entitlement to fines), 382 (Enforcement of agreements, etc.) and 388 (Closing premises, public nuisance).
3. Part XVI (Liability of the City). 2006, c. 11, Sched. A, s. 143 (2).
(3) A power provided to a city board under subsection (2) is subject to any limits on and duties related to the power and to any procedural requirements, including conditions, approvals and appeals which apply to the power. 2006, c. 32, Sched. B, s. 34.
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