BY JASON THOMPSON
A city lawyer says amendments to Ontario’s municipal legislation should give city council more power and autonomy to pass bylaws, but doesn’t address the fiscal challenges facing municipalities.
Heather Salter, the city’s deputy solicitor, presented the amendments to Bill 130, which became law New Year’s Day, to the city’s priorities committee Wednesday Jan. 24.
The amendments make changes to a number of provincial acts, namely the Municipal Act.
The changes are technical, but they’re progressive, Salter said.
“It opens the door for more direct communications between the city and the province. These changes reflect a different attitude towards municipalities,” she said.
When municipal legislation was last updated in 2003, Salter said there was a commitment from the province to review the legislation to see if it was working and to discuss further changes.
For single-tier municipalities like Greater Sudbury, there are 11 new amendments in the Municipal Act where a city can set its own bylaws without interference from higher levels of government.
These include: governance structure of local boards; financial management of local boards; the economic, social and environmental well-being of the municipality; the health and safety of citizens; structures, including fences and signs; and business licensing.
“It gives us a lot more flexibility (from a legal perspective) to address issues that come along that may be new or unique,” Salter said. “We’re no longer confined to find a specific authority to do something if we have a bright ideas.”
The changes also call for more openness and transparency in municipal government. A record must now be kept of all in-camera (closed to the public) meetings. The records are not released to the public, but are maintained by the city and would be released to an investigator if needed.
The city would also be able to establish minimum fines for certain for bylaws.
Salter explains that prior to the Municipal Act of 2001 (which became law in 2003), cities didn’t have a lot of authority to make decisions without consent from the province.
To view the legislation, visit www.mah.gov.on.ca.
