1. Bill 68: Modernizing Ontario’s Municipal Legislation Act
Paul Cassan

2. Introduction to Bill 68 What is the Bill 68?
Bill that amends Ontario’s municipal legislation, including:
the Municipal Act, 2001;
the Municipal Conflict of Interest Act; and
the Municipal Elections Act, 1996
The Bill received Royal Assent on May 30, 2017
Various sections come into force at different times
Imposes new and important obligations on municipalities

3. Roadmap
Presentation will highlight amendments that Bill 68 has made and will provide information on when the amendments come into force so that municipalities can be prepared and prioritize efforts to deal with these changes.
The following acts will be covered:
the Municipal Act, 2001;
the Municipal Conflict of Interest Act; and
the Municipal Elections Act, 1996

4. Changes to the Municipal Act

5. Changes to the Municipal Act, 2001: Entry on Land re Maintenance, Repairs or Alterations
New s 132.1: Municipal can enter on land adjoining land owned or occupied by the municipality
at any reasonable time;
to maintain or make repairs or alterations to land owned by the municipality;
but only to the extent necessary to do so.
Does not authorize entry into a building.

6. Changes to the Municipal Act, 2001: Highway or Bridge Maintenance and Liability
Changes to s 44(10) re: Notice to Municipality
No action may be brought against a municipality that defaults in complying with maintenance obligations unless:
Within 10 days after the occurrence of the injury;
Written notice of the claim and of the injury complained of including the:
date;
time; and
location,
is be served upon or sent by registered mail to the municipal clerk (or clerks if two or more municipalities are jointly responsible for maintenance)

7. Changes to the Municipal Act, 2001: Structure, Including Fences and Signs
Creates a new s 97.1 (Environmental standards; construction of buildings).
Powers of municipalities under section will include the power to require construction of green roofs or of alternative roof structures that achieve similar levels of performance to green roofs.
“green roof” means a roof surface that supports the growth of vegetation over a substantial portion of its area for the purpose of water conservation or energy conservation.

8. Changes to the Municipal Act, 2001: Demolition and Conversion of Residential Rental Properties
Municipality can impose conditions for a permit to demolish or convert residential rental properties to other uses.
New s 99.1(2): if those conditions require an owner to enter into an agreement with a municipality the municipality may:
register the agreement against title to the land to which it applies; and
enforce the agreement against the owner and any subsequent owners of the land.

9. Changes to the Municipal Act, 2001: Small Business Programs
Amends s. 108(2) such that municipalities will be able to establish and maintain programs to encourage the establishment and initial growth of small business without approval by the Minister.
Programs must be in accordance with regulations the Minister may make prescribing conditions that must be met first.

10. Changes to the Municipal Act, 2001: Spheres of Jurisdiction
Sections 10 and 11 are amended such that municipalities may now pass by-laws respecting:
Economic, social and environmental well-being of the municipality, including with respect to climate change

11. Changes to the Municipal Act, 2001: Energy Planning
Per s. 147(1) municipalities can provide for or participate in long-term planning for energy use.
May include consideration of energy conservation, climate change, and green energy.

12. Changes to the Municipal Act, 2001: Codes of Conduct
Comes into force March 1, 2019
Replaces section 232.2; Codes of conduct are now mandatory
Municipalities shall establish codes of conduct for members of council and local boards.
No by-law can provide that a member who contravenes a code of conduct is guilty of an offence or is required to pay and administrative penalty.

13. Changes to the Municipal Act, 2001: Integrity Commissioner
Comes into force March 1, 2019
Section 223.3(1); Municipalities are authorized to appoint an Integrity Commissioner who reports to council
Responsibilities of Integrity Commissioners have been expanded. They are responsible for:
1. The application of the code of conduct for members of council and the code of conduct for members of local boards.
2. The application of any procedures, rules and policies of the municipality and local boards governing the ethical behaviour of members of council and of local boards.
3. The application of sections 5, 5.1 and 5.2 of the Municipal Conflict of Interest Act to members of council and of local boards.
4. Requests from members of council and of local boards for advice respecting their obligations under the code of conduct applicable to the member.
5. Requests from members of council and of local boards for advice respecting their obligations under a procedure, rule or policy of the municipality or of the local board, as the case may be, governing the ethical behaviour of members.
6. Requests from members of council and of local boards for advice respecting their obligations under the Municipal Conflict of Interest Act.
7. The provision of educational information to members of council, members of local boards, the municipality and the public about the municipality’s codes of conduct for members of council and members of local boards and about the Municipal Conflict of Interest Act. 2017, c. 10, Sched. 1, s. 19 (1).
Bold/italic = new responsibility

14. Integrity Commissioner Cont’d. Where no Commissioner Appointed
Comes into force March 1, 2019
Provision for functions if no Commissioner appointed
If no Commissioner is appointed, a municipality shall arrange for all responsibilities to be provided by Commissioner of another municipality
If a Commissioner is appointed but not all the responsibilities are assigned, the municipality shall make arrangements for the responsibilities to be provided by the Commissioner of another municipality

15. Integrity Commissioner Cont’d.
Comes into force March 1, 2019
Requests for advice from Commissioner by a member of council or local board shall be in writing (s 223.3(2.1))
Commissioner shall give requested advice in writing (s 223.3(2.2))
In providing education information to the public the Commissioner may summarize the advice but shall not disclose confidential information that could identify a person concerned (s 223.3(2.3)).

16. Integrity Commissioner Cont’d. Indemnity
Comes into force March 1, 2019
Municipality to indemnify the Commissioner:
(6) A municipality shall indemnify and save harmless the Commissioner or any person acting under the instructions of that officer for costs reasonably incurred by either of them in connection with the defence of a proceeding if the proceeding relates to an act done in good faith in the performance or intended performance of a duty or authority under this Part or a by-law passed under it or an alleged neglect or default in the performance in good faith of the duty or authority. 2017, c. 10, Sched. 1, s. 19 (4).
Does not affect application of section 448

17. Integrity Commissioner Cont’d
Integrity Commissioner Cont’d. Inquiry re Municipal Conflict of Interest Act
Comes into force March 1, 2019
Inquiry by Commissioner re s 5, 5.1 or 5.2 of the MCIA (s )
What can the inquiry be about?
A contravention of section 5, 5.1 or 5.2 of the MCIA
Who can apply for an inquiry carried out by Commissioner?
An elector demonstrably acting in the public interest.
How?
In writing to the Commissioner
When?
Within six weeks after the applicant became aware of the alleged contravention
Not during the period of time starting on nomination day for a regular election and ending on voting day of a regular election
There are exceptions
Commissioner shall complete inquiry within 180 days of receiving completed application unless the inquiry is terminated

18. Integrity Commissioner Cont’d
Integrity Commissioner Cont’d. Inquiry re Municipal Conflict of Interest Act
Content of application
Shall set out reasons for believing the alleged contravention happened
Shall include a statutory declaration attesting that the applicant became aware of the alleged contravention not more than six weeks before the date of the application.
Information
Municipality and local boards shall give Commissioner such information as Commissioner believes to be necessary for inquiry
Completion
Upon completing the inquiry the Commissioner may apply to a judge under s 8 of the MCIA for a determination as to whether a member contravened 5, 5.1 or 5.2 of the MCIA
Commissioner shall advise the applicant if the Commissioner will not be making an application to an judge
Reasons after inquiry
After deciding whether to apply to a judge, the Commissioner shall publish written reasons for the decision.
Costs
The costs of applying to a judge shall be paid by the municipality or the local board as applicable.

19. Integrity Commissioner Cont’d
Integrity Commissioner Cont’d. Termination of Inquiry when regular election begins
Comes into force March 1, 2019
Section 223.4(7)
What rules apply during a regular election?
1. There shall be no requests for an inquiry about whether a member of council or of a local board has contravened the code of conduct applicable to the member.
2. The Commissioner shall not report to the municipality or local board about whether, in his or her opinion, a member of council or of a local board has contravened the code of conduct applicable to the member.
3. The municipality or local board shall not consider whether to impose the penalties referred to in subsection (5) on a member of council or of a local board
When does it apply? During the period of time starting on nomination day for a regular election, as set out in section 31 of the Municipal Elections Act, 1996, and ending on voting day in a regular election
When inquiry is terminated, Commissioner shall not commence another inquiry within six weeks after voting date unless the person or entity who made the request or the member or former member whose conduct is concerned makes a written request to the Commissioner

20. Changes to the Municipal Act, 2001: Expanded definition of meeting
Comes into force January 1, 2018
New and expanded definition of “meeting” with respect to sections 239 to dealing with procedure by-laws
“meeting” means any regular, special or other meeting of a council, of a local board or of a committee of either of them, where,
(a) a quorum of members is present, and
(b) members discuss or otherwise deal with any matter in a way that materially advances the business or decision-making of the council, local board or committee
Italics = new addition
Italic

21. Changes to the Municipal Act, 2001: Electronic Participation
Comes into force January 1, 2018
New section 238 (3.1)
The procedure by-law may provide that a member can participate electronically in a meeting which is open to the public
Extent and manner of electronic participation to be set out in the by-law
Member, however, shall not be counted in determining whether or not a quorum of members is present
Section 3.2 states that members cannot participate electronically in a meeting which is closed to the public

22. Changes to the Municipal Act, 2001: Closed Meetings
Comes into force January 1, 2018
Provides new exceptions for meetings to be closed to the public
A meeting may be closed to the public if the subject matter being considered is:
h) information explicitly supplied in confidence to the municipality or local board by Canada, a province or territory or a Crown agency of any of them;
(i) a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization;
(j) a trade secret or scientific, technical, commercial or financial information that belongs to the municipality or local board and has monetary value or potential monetary value; or
(k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board.

23. Changes to the Municipal Act, 2001: Reports after an investigation
Under section 239.1, a person can request an investigation of whether a municipality or board has complied with section 239 or a procedure by-law
Where such an investigation takes place and the municipality receives a report from the investigator, a new subsection 12 requires the municipality or board to pass a resolution stating how it intends to address the report.
Comes into force January 1, 2018

24. Changes to the Municipal Act, 2001: New policies
Comes into force March 1, 2019
270(1)
New policies required by municipalities
Municipality shall adopt and maintain policies with respect to:
The relationship between members of council and the officers and employees of the municipality
The manner in which the municipality will protect and enhance the tree canopy and natural vegetation in the municipality
Pregnancy leaves and parental leaves of members of council

25. Changes to the Municipal Act, 2001: Tax arrears certificate
Came into force May 30, 2017
Before: tax arrears certificate could be registered if there were arrears owing on January 1 of the third party following that in which taxes became owing
Now: tax arrears certificate can be registered if there were tax arrears owing on January 1 of the second years following that in which taxes became owing

26. Changes to the Municipal Act, 2001: Land that belongs to the Crown as result of death
Came into force May 30, 2017
Land that belongs to Crown as a result of the death of an individual who did not have lawful heirs can be sold for tax arrears
Application: applies whether individual died before or after registration of tax arrears certificate
Limitation: tax arrears certificate cannot be registered if the Crown registers a notice that it intends to use the land for Crown purposes

27. Changes to the Municipal Act, 2001: Extension Agreements
Coming into force on a day to be named by proclamation of the Lieutenant Governor
Previous section 378(1) regarding extension agreements is repealed
New section provides removes the requirement of a by-law to be passed and allows the municipality to enter into an extension agreement with “any person the treasurer is satisfied has an interest in land”

28. Changes to the Municipal Act, 2001: Payment into court
Coming into force on a day to be named by proclamation of the Lieutenant Governor
Amended section 380(2) on payments into court following a tax sale
The treasurer shall pay all of the proceeds of the tax sale, minus the cancellation price, to the Superior Court of Justice, including a statement outlining the facts under which the payment into court is made as well as the names and addresses of the persons to whom the statement will be sent under subsection (3)
Treasurer must now include names and addresses

29. Changes to the Municipal Act, 2001: Tax sales
Sections 380 (3), (3.1) and (3.2) are amended
Provide list of who the treasurer shall send a copy of the statement to following a payment made into court
Following persons:
1. The person who was the assessed owner of the land immediately before the registration of the tax deed.
2. Where the land is registered under the Land Titles Act, every person appearing by the parcel register and by the index of executions for the area in which the land is situate to have an interest in the land immediately before the registration of the tax deed, other than a person who has an interest referred to in clause 379 (7.1) (a) or (b).
3. Where the Registry Act applies to the land, every person appearing by the abstract index and by the index of executions for the area in which the land is situate to have an interest in the land immediately before the registration of the tax deed, other than a person who has an interest referred to in clause 379 (7.1) (a) or (b).
4. The Minister responsible for the administration of the Forfeited Corporate Property Act,
5. The Public Guardian and Trustee. 2017, c. 10, Sched. 1, s. 63 (4).

30. Wishart Municipal Group Tax Enforcement Strategy
Wishart Municipal Group has developed a tax enforcement strategy
Last resort now that Bill 68 has passed- excess funds from tax sales get paid to the Province NOT to the Municipality
Targeted strategy to recoup tax arrears with tax sale as a last resort

31. Changes to the Municipal Conflict of Interest Act (“MCIA”)

32. Changes to the MCIA: Introduction
Municipal Conflict of Interest Act (“MSIA”)
Originally enacted in 1972 to codify provisions contained in previous versions of the Municipal Act
Applies to municipal members of council or local boards
Imposes statutory burdens on municipal councilors and board members to behave in a manner free from pecuniary conflicts of interest
Changes come into force March 1, 2019

33. Changes to the MCIA: New Principles
New section 1.1 sets out principles, endorsed by the Province of Ontario, in relation to the duties of members of councils and local boards
The principles highlight the importance of:
Integrity, independence and accountability in local government decision-making.
Certainty in reconciling public duties and pecuniary interests of members
Members performing their duties of office with integrity and impartiality in a manner that will bear the closest scrutiny; and,
The benefit to municipalities and local boards when members have broad range of knowledge and continue to be active in their communities

34. Changes to the MCIA: Meetings to suspend remuneration
Section 5.1 states that where a member has a pecuniary interest in a matter and is present at the meeting, the member shall not take part in the discussion of, or vote on any question in respect of the matter and shall not attempt in any way to influence the voting on any such question
Exception provided in new section 5 (2.1)
Where the matter being considered is whether to suspend the remuneration paid to a member, the member may take part in a the discussion of the matter and may attempt to influence voting
Member may also attend the meeting if it is not open to the public
Member, however, is still not allowed to vote on the matter

35. Changes to the MCIA: Disclosure Statements
New subsection 5.1 requires a member to file a written disclosure statement where the member discloses an interest under section 5
Disclosure statement shall be filed with the clerk or secretary

36. Changes to the MCIA: Influence
New section 5.2
Where a member has a pecuniary interest in a matter being considered by an officer or employee of the municipality or board, or by a person or body to which the municipality has delegated a power or duty, the member is prohibited from influencing any decision or recommendation concerning the matter
Exception: Where the matter being considered is whether to suspend remuneration paid to the member, the member is not prevented from attempting to influence the decision

37. Changes to the MCIA: Registries
New section 6.1
Requires municipalities and local boards to establish and maintain registries that keep copies of:
Statements of disclosure filed under section 5.1; and
Declarations recorded under section 6
Subsection 6.1(2) requires that the registry be available for public inspection

38. Changes to the MCIA: Action where contravention alleged
Current section 8 repealed and replaced
Allows for an application to a judge for a determination of the question of whether a member, or a former member while he/she was a member has contravened section 5, 5.1 or 5.2
Who may apply to a judge?
An elector, Integrity Commissioner or a “person demonstrably acting in the public interest”
When?
Application may only be made within six weeks after the applicant became aware of the alleged contravention
Exceptions set out in 8(3) and 8(4)
No application shall be made by the Integrity Commission during a regular election
Limitation: Despite exceptions, no application shall be made after the sixth anniversary of the alleged contravention
Contents of application?
Notice of application
Shall state the grounds for finding the contravention

39. Changes to the MCIA: Judge’s Powers
New section 9 sets out a judge’s powers where a contravention has been found
What is different?
Subsection 9(2) provides judges with the discretion to determine the appropriate action; no longer required to declare seat vacant
Subsection 9(2) provides factors which the judge may consider in exercising his or her discretion. Factors include whether:
The member took reasonable steps to prevent the contravention
The member disclosed the interest to the Integrity Commissioner
The member committed the contravention through inadvertence or an error in judgment made in good faith
Section 9(2) provides for an extended list of powers compared to former section 10. A judge may do any or all of the following:
Reprimand member
Suspend remuneration for up to 90 days
Declare member’s seat vacant
Disqualify member from being member up to seven years after date of order
If member received personal financial gain, may require member to make restitution to party suffering loss or municipality

40. Changes to the MCIA: Proceedings are voidable
New section 12 regarding what happens to matters where the member failed to comply with sections 5, 5.1 or 5.2
Rule: the proceedings are not automatically invalidated but they are voidable if the municipality or local board so chooses
How is the matter declared void? The municipality or local board must declare the proceedings to be void
When? Must occur before the second anniversary of the date of the of the passing of the by-law or resolution authorizing the matter

41. Changes to the MCIA: Other Proceedings Prohibited
New section 13
Any proceeding related to a conflict of interest where the application seeks a remedy listed under subsection 9(1) shall be brought under the MCIA
Section 13 does not affect the powers of the municipality to reprimand a member or suspend a member’s remuneration pursuant to the Municipal Act

42. Changes to the Municipal Elections Act

43. Changes to the Municipal Elections Act: Introduction
The MEA regulates the conduct of municipal and school board elections and sets out the roles for municipal clerks and councils
Amendments have been made to the MEA through Bill 181 and Bill 68
Focus here is on the changes that were made to the MEA through Bill 68

44. Changes to the Municipal Elections Act: Terms of Office
Subsection 6 (1) was amended to change the beginning of terms of all offices from December 1 to November 15 in the year of a regular election
Exception under 6(1.1) with respect to 2018 regular election. During 2018 regulation election the term will begin on December 1, 2018 and end on November 14, 2022

45. Changes to the Municipal Elections Act: Filing nomination
Comes into force April 1, 2018
New Sections 33 ( )
Before, a person would be nominated by filing a nomination
Act has been amended to require that a nomination for an office on a council must be endorsed by at least 25 persons
Who may endorse? A person who is eligible to vote in an election for an office within the municipality if a regular election was held on the day that the person endorses the nomination
The 25 person requirement does not apply in a municipality in which the number of electors eligible to vote in the previous regulation election is less than the prescribed number
A nomination must be accompanied by a prescribed declaration by each of the at least 25 persons endorsing the nomination

46. Changes to the Municipal Elections Act: Formal Requirements
In force
Section states that a candidate and his or her spouse shall not make contributions to the candidate’s own election campaign that, combined, exceed an amount equal to the lesser of:
(a) the amount calculated by adding,
(i) in the case of a candidate for the office of head of council of a municipality, $7,500 plus 20 cents for each elector entitled to vote for the office, or
(ii) in the case of a candidate for an office on a council of a municipality other than the office of head of council, $5,000 plus 20 cents for each elector entitled to vote for the office; and
$25,000.

47. Continued
Section 33.02(1) requires the clerk to calculate the maximum amount for the purpose of section and give the person or agent a certificate of the applicable amount.
The clerk’s calculation is final.
Pursuant to section (4) the clerk shall give a certificate of the applicable maximum amounts to each candidate:
In a regular election: on or before September 25
If the maximum amount is $25,000 the clerk is not require to give a certificate

48. Changes to the Municipal Elections Act: Maximum contributions
Section 88.9 is amended to increased the maximum contribution to a candidate
Previous maximum was $750
Now: contributor shall not make contributions that exceed total of $1,200 to any on candidate in an election
The $1,200 limit applies even if the person is a candidate for more than one office

49. Changes to the Municipal Elections Act: Bill 181 Changes
Important changes made to the Municipal Elections Act by Bill 181, Municipal Elections Modernization Act, 2016
These changes are currently in force
Election Administration:
Under section municipalities shall set out policies on the use of resources during an election.
Section 56(3) allows a municipality to adopt a policy with respect to when and how an automatic recount will be conducted
Accessibility:
Clerks shall prepare a plan for the identification, removal and prevention of barriers that affect voters/candidates with disabilities and shall make the plan available to voters before voting day in a regular election
Clerks shall, within 90 days after voting, provide a follow-up report to the public about the identification, removal and prevention of barriers and shall make the report available to the public

50. Sault Ste Marie, Ontario P6A 1X2
J. Paul R. Cassan
390 Bay Street, Suite 500
Sault Ste Marie, Ontario P6A 1X2
Tel
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