PART VI.1 OF THE ACT

CONTENTS 1. Designated municipalities 2. In writing requirements re s. 284.3 of Act 3. Other in writing requirements 4. Prescribed committees 5. Veto power, s. 284.11 of Act 5.1 Vacancy, upper-tier municipality 6. Limitations on delegation, s. 284.13 of Act 7. Annual budget 8. Budget process — conflict of interest 9. Budget process — in-year budget amendments 10. Powers re by-laws, s. 284.11.1 of the Act 11. Limit on certain powers, head of council Schedule 1 Designated municipalities Designated municipalities 1. The municipalities set out in Schedule 1 are designated for the purposes of section 284.2 of the Act. O. Reg. 41/25, s. 1. In writing requirements re s. 284.3 of Act 2. When directing municipal employees under section 284.3 of the Act, the head of council shall, by the next business day, provide a written record of the direction to the clerk and chief administrative officer, if one is appointed. Other in writing requirements 3. Except as otherwise provided in the Act and this Regulation, when exercising a power or performing a duty under Part VI.1 of the Act the head of council shall, (a) by the next business day, provide the written record produced in accordance with subsection 284.4 (1) of the Act to each member of council and to the clerk; and (b) subject to the Municipal Freedom of Information and Protection of Privacy Act, make the written record available to the public. Prescribed committees 4. Committees established under the Act that consist solely of members of council are prescribed for the purposes of section 284.8 of the Act. Veto power, s. 284.11 of Act 5. (1) Section 284.11 of the Act does not apply with respect to by-laws under sections 289 and 290 of the Act. (2) Section 284.11 of the Act applies with respect to by-laws under section 2 of the Development Charges Act, 1997. Vacancy, upper-tier municipality 5.1 If a vacancy in the office of the head of council of a local municipality causes a vacancy on the council of its upper-tier municipality, the local municipality and not the upper-tier municipality shall fill the vacancy in accordance with section 284.12 of the Act. O. Reg. 180/23, s. 2. Limitations on delegation, s. 284.13 of Act 6. (1) The head of council may not delegate their powers and duties under the sections referred to in paragraphs 1 and 4 of subsection 284.13 (1) of the Act except to council. (2) The head of council may not delegate their powers and duties under the section referred to in paragraph 2 of subsection 284.13 (1) of the Act except to council or to the chief administrative officer, if one is appointed. Annual budget 7. (1) The head of council shall, on or before February 1 of each year, (a) prepare a proposed budget for the municipality that includes the estimates of sums required under subsection 289 (1) or 290 (1) of the Act, as the case may be; (b) provide the proposed budget to each member of council and to the clerk; and (c) make the proposed budget available to the public. O. Reg. 530/22, s. 7 (1). (1.1) Despite subsection (1), the head of council may propose a budget for a year immediately following a year in which a regular election is held only in the year to which the budget applies. O. Reg. 189/26, s.1. (2) If the head of council does not propose a budget to council by February 1 in accordance with subsection (1), the council shall prepare and adopt the budget for the municipality. O. Reg. 530/22, s. 7 (2). (3) Subject to subsection (4), within 30 days after receiving the proposed budget from the head of council in accordance with clause (1) (b), the council may pass a resolution making an amendment to the proposed budget. O. Reg. 530/22, s. 7 (3). (4) A council may in a year pass a resolution to shorten the 30-day period referred to in subsection (3) for the year. O. Reg. 530/22, s. 7 (4). (5) If council does not pass a resolution under subsection (3) within 30 days, or, if a shorter period is set under subsection (4), within that period, the proposed budget shall be deemed to be adopted by the municipality. O. Reg. 530/22, s. 7 (5). (6) Subject to subsection (7), within 10 days after the expiry of the time period for council to pass a resolution under subsection (3), the head of council may veto a resolution passed by council under subsection (3) by providing on the day of the veto to each member of council and to the clerk a written veto document that includes the veto and the reasons for the veto. O. Reg. 530/22, s. 7 (6). (7) The head of council may in a year shorten the 10-day period referred to in subsection (6) for the year by providing to each member of council and to the clerk a written document specifying a shorter period. O. Reg. 530/22, s. 7 (7). (8) If the head of council vetoes a resolution in accordance with subsection (6), the resolution shall be deemed not to have been passed by council. O. Reg. 530/22, s. 7 (8). (9) If the head of council does not veto a resolution in accordance with subsection (6) within 10 days or, if a shorter period is set under subsection (7), within that period, the proposed budget shall be deemed to be adopted by the municipality. O. Reg. 530/22, s. 7 (9). (10) Subject to subsection (11), within 15 days after the expiry of the time period for the head of council to veto a resolution under subsection (6), council may override the head of council’s veto if two-thirds of the members of council vote to override the veto. O. Reg. 530/22, s. 7 (10). (11) A council may in a year pass a resolution to shorten the 15-day period referred to in subsection (10) for the year. O. Reg. 530/22, s. 7 (11). (12) For greater certainty, the head of council may vote as a member of council in a vote to override a veto. O. Reg. 530/22, s. 7 (12). (13) If the council overrides the veto under subsection (10), subsection (8) does not apply, and the resolution shall be deemed to be passed by council. O. Reg. 530/22, s. 7 (13). (14) After the expiry of the time period for council to override the head of council’s veto under subsection (10), the proposed budget is deemed to be adopted by the municipality. O. Reg. 530/22, s. 7 (14). Budget process — conflict of interest 8. If, under section 5.3 of the Municipal Conflict of Interest Act, the head of council is prohibited from using the power and exercising the duty under subsection 284.16 (2) of the Act to prepare the proposed budget for the municipality with respect to a matter, (a) council may pass a resolution to amend the proposed budget with respect to the matter; and (b) the head of council may not veto the resolution. Budget process — in-year budget amendments 9. (1) The head of council may, for the purpose of raising an additional general upper-tier levy or a special upper-tier levy in the year under section 311 of the Act or a general local municipality levy or a special local municipality levy in the year under 312 of the Act, as the case may be, prepare a proposed budget amendment for the municipality and, (a) provide the proposed budget amendment to each member of council and to the clerk; and (b) make the proposed budget amendment available to the public. (2) Subject to subsection (3), within 21 days after receiving the proposed budget amendment from the head of council in accordance with subsection (1), the council may pass a resolution making an amendment to the proposed budget amendment. (3) A council may in a year pass a resolution to shorten the 21-day period referred to in subsection (2) for the year. (4) If council does not pass a resolution under subsection (2) within 21 days, or, if a shorter period is set under subsection (3), within that period, the proposed budget amendment shall be deemed to be adopted by the municipality. (5) Subject to subsection (6), within 5 days after the expiry of the time period for council to pass a resolution under subsection (2), the head of council may veto a resolution passed by council under subsection (2) by providing to each member of council and to the clerk, on the day of the veto, a written veto document that includes the veto and the reasons for the veto. (6) The head of council may in a year shorten the 5-day period referred to in subsection (5) for the year by providing to each member of council and to the clerk a written document specifying a shorter period. (7) If the head of council vetoes a resolution in accordance with subsection (5), the resolution shall be deemed not to have been passed by council. (8) If the head of council does not veto a resolution in accordance with subsection (5) within 5 days, or, if a shorter period is set under subsection (6), within that period, the proposed budget amendment shall be deemed to be adopted by the municipality. (9) Subject to subsection (10), within 10 days after the expiry of the time period for the head of council to veto a resolution under subsection (5), council may override the head of council’s veto if two-thirds of the members of council vote to override the veto. (10) A council may in a year pass a resolution to shorten the 10-day period referred to in subsection (9) for the year. (11) For greater certainty, the head of council may vote as a member of council in a vote to override a veto. (12) If the council overrides the veto under subsection (9), subsection (7) does not apply, and the resolution shall be deemed to be passed by council. (13) After the expiry of the time period for council to override the head of council’s veto under subsection (9), the proposed budget amendment is deemed to be adopted by the municipality. Powers re by-laws, s. 284.11.1 of the Act 10. (1) Section 284.11.1 of the Act does not apply with respect to, (a) by-laws under sections 238, 289 and 290 of the Act; and (b) by-laws with respect to the filling of vacancies under section 263 of the Act. O. Reg. 581/22, s. 1. (2) Section 284.11.1 of the Act applies with respect to by-laws under section 2 of the Development Charges Act, 1997. O. Reg. 581/22, s. 1. Limit on certain powers, head of council 11. (1) The head of council shall not use any of the powers described in subsection (3) after the first day during the election for a new council on which it can be determined that one of the following applies to the new council or new head of council that will take office following the election: 1. If the new council will have the same number of members as the outgoing council, the new council will include less than three-quarters of the members of the outgoing council. 2. If the new council will have more members than the outgoing council, the new council will include less than three-quarters of the members of the outgoing council or, if the new council will include at least three-quarters of the members of the outgoing council, three-quarters of the members of the outgoing council will not constitute, at a minimum, a majority of the members of the new council. 3. If the new council will have fewer members than the outgoing council, less than three-quarters of the members of the new council will have been members of the outgoing council or, if at least three-quarters of the members of the new council will have been members of the outgoing council, three-quarters of the members of the new council will not constitute, at a minimum, a majority of the members of the outgoing council. 4. The new council does not have the same head of council as the outgoing council. O. Reg. 189/26, s. 2. (2) If a determination under subsection (1) is made, (a) after nomination day but before voting day, the determination shall be based on the nominations to the new council that have been certified and any acclamations made to the new council; or (b) after voting day, the determination shall be based on the declaration of the results of the election, including declarations of election by acclamation. (3) The powers referred to in subsection (1) are, (a) appointing a chief administrative officer under section 284.5 of the Act; (b) determining the organizational structure of the municipality under section 284.6 of the Act; and (c) proposing a by-law under section 284.11.1 of the Act if the proposed by-law would authorize, (i) the disposition of any real or personal property of the municipality that has a value exceeding $50,000 at the time of disposal, or (ii) making any expenditure or incurring any other liability that exceeds $50,000. O. Reg. 189/26, s. 2. (4) Clause (3) (c) does not apply if the disposition or liability was included in the most recent budget adopted by the municipality before nomination day in the election. O. Reg. 189/26, s. 2. (5) Nothing in this section prevents a head of council from using any power in the event of an emergency. O. Reg. 189/26, s. 2. (6) Nothing in this section prevents a chief administrative officer or council from exercising any power of a head of council that is delegated to the chief administrative officer or council prior to nomination day for the election of the new council. O. Reg. 189/26, s. 2. SCHEDULE 1 DESIGNATED MUNICIPALITIES Item Municipality 1. Township of Adjala-Tosorontio 2. Town of Ajax 3. Town of Amherstburg 4. Town of Arnprior 5. Municipality of Arran-Elderslie 6. Township of Ashfield-Colborne-Wawanosh 7. Township of Athens 8. Town of Atikokan 9. Town of Aurora 10. Town of Aylmer 11. Town of Bancroft 12. City of Barrie 13. City of Belleville 14. Township of Black River-Matheson 15. Town of Blind River 16. Municipality of Bluewater 17. Town of Bracebridge 18. Town of Bradford West Gwillimbury 19. City of Brampton 20. County of Brant 21. City of Brantford 22. Municipality of Brighton 23. Township of Brock 24. Municipality of Brockton 25. City of Brockville 26. City of Burlington 27. Town of Caledon 28. City of Cambridge 29. Town of Carleton Place 30. Municipality of Central Elgin 31. Township of Central Frontenac 32. Municipality of Central Huron 33. Municipality of Central Manitoulin 34. Township of Centre Wellington 35. Township of Champlain 36. Municipality of Chatham-Kent 37. City of Clarence-Rockland 38. Municipality of Clarington 39. Township of Clearview 40. Town of Cobalt 41. Town of Cobourg 42. Town of Cochrane 43. Town of Collingwood 44. City of Cornwall 45. Town of Deep River 46. City of Dryden 47. United Townships of Dysart, Dudley, Harcourt, Guilford, Harburn, Bruton, Havelock, Eyre and Clyde 48. Town of East Gwillimbury 49. Township of East Zorra-Tavistock 50. Township of Elizabethtown-Kitley 51. City of Elliot Lake 52. Town of Englehart 53. Town of Espanola 54. Town of Essex 55. Town of Fort Erie 56. Town of Fort Frances 57. Municipality of French River 58. Town of Gananoque 59. Township of Georgian Bay 60. Township of Georgian Bluffs 61. Town of Georgina 62. Town of Goderich 63. Town of Gore Bay 64. Town of Gravenhurst 65. Town of Greater Napanee 66. City of Greater Sudbury 67. Municipality of Greenstone 68. Municipality of Grey Highlands 69. Town of Grimsby 70. City of Guelph 71. Haldimand County 72. Town of Halton Hills 73. City of Hamilton 74. Town of Hanover 75. Municipality of Hastings Highlands 76. Town of Hawkesbury 77. Town of Hearst 78. Town of Huntsville 79. Municipality of Huron East 80. Municipality of Huron Shores 81. Township of Huron-Kinloss 82. Town of Ingersoll 83. Town of Innisfil 84. Town of Iroquois Falls 85. Town of Kapuskasing 86. City of Kawartha Lakes 87. City of Kenora 88. Township of Killaloe, Hagarty & Richards 89. Municipality of Killarney 90. Municipality of Kincardine 91. Township of King 92. City of Kingston 93. Town of Kingsville 94. Town of Kirkland Lake 95. City of Kitchener 96. Township of Lake of Bays 97. Municipality of Lakeshore 98. Municipality of Lambton Shores 99. Township of Lanark Highlands 100. Town of LaSalle 101. Town of Latchford 102. Township of Laurentian Valley 103. Municipality of Leamington 104. Township of Leeds and the Thousand Islands 105. Town of Lincoln 106. City of London 107. Loyalist Township 108. Township of Malahide 109. City of Markham 110. Town of Mattawa 111. Municipality of Meaford 112. Municipality of Middlesex Centre 113. Town of Midland 114. Town of Milton 115. Township of Minden Hills 116. Town of Minto 117. City of Mississauga 118. Municipality of Mississippi Mills 119. Township of Muskoka Lakes 120. The Nation Municipality 121. Municipality of Neebing 122. Town of New Tecumseth 123. City of Niagara Falls 124. Town of Niagara-on-the-Lake 125. Norfolk County 126. City of North Bay 127. Township of North Frontenac 128. Township of North Glengarry 129. Township of North Huron 130. Municipality of North Middlesex 131. Municipality of North Perth 132. Town of Northeastern Manitoulin and the Islands 133. Town of Oakville 134. Town of Orangeville 135. City of Orillia 136. Township of Oro-Medonte 137. City of Oshawa 138. City of Ottawa 139. City of Owen Sound 140. Town of Parry Sound 141. Town of Pelham 142. City of Pembroke 143. Town of Penetanguishene 144. Town of Perth 145. Township of Perth East 146. Township of Perth South 147. Town of Petawawa 148. City of Peterborough 149. Town of Petrolia 150. City of Pickering 151. Town of Plympton-Wyoming 152. City of Port Colborne 153. Municipality of Port Hope 154. Town of Prescott 155. County of Prince Edward 156. City of Quinte West 157. Town of Rainy River 158. Township of Ramara 159. Town of Renfrew 160. City of Richmond Hill 161. Township of Rideau Lakes 162. Township of Sables-Spanish Rivers 163. City of Sarnia 164. Town of Saugeen Shores 165. City of Sault Ste. Marie 166. Township of Scugog 167. Township of Seguin 168. Township of Severn 169. Town of Shelburne 170. Municipality of Sioux Lookout 171. Town of Smiths Falls 172. Township of South Algonquin 173. Municipality of South Bruce 174. Township of South Frontenac 175. Municipality of South Huron 176. Township of Southgate 177. Municipality of Southwest Middlesex 178. Township of South-West Oxford 179. Township of Springwater 180. City of St. Catharines 181. Township of St. Clair 182. Town of St. Marys 183. City of St. Thomas 184. Township of Stone Mills 185. City of Stratford 186. Municipality of Strathroy-Caradoc 187. Township of Tay 188. Tay Valley Township 189. Town of Tecumseh 190. Municipality of Temagami 191. City of Temiskaming Shores 192. Township of The Archipelago 193. Town of The Blue Mountains 194. Town of Thessalon 195. City of Thorold 196. City of Thunder Bay 197. Town of Tillsonburg 198. City of Timmins 199. Municipality of Trent Hills 200. Township of Uxbridge 201. City of Vaughan 202. Town of Wasaga Beach 203. City of Waterloo 204. City of Welland 205. Municipality of West Grey 206. Township of West Lincoln 207. Municipality of West Nipissing 208. Municipality of West Perth 209. Town of Whitby 210. Town of Whitchurch-Stouffville 211. Township of Whitewater Region 212. Township of Wilmot 213. City of Windsor 214. City of Woodstock 215. Township of Woolwich Note: On November 15, 2026, Schedule 1 to the Regulation is amended by adding the following items: (See: O. Reg, 189/26, s 3 (1)) 46.1 Regional Municipality of Durham . . . . . 71.1 Regional Municipality of Halton . . . . . 118.1 Regional Municipality of Muskoka . . . . . 122.1 Regional Municipality of Niagara . . . . . 140.1 Regional Municipality of Peel . . . . . 169.1 County of Simcoe . . . . . 203.1 Regional Municipality of Waterloo . . . . . 216. Regional Municipality of York Note: On November 15, 2026, item 101 of Schedule 1 to the Regulation is revoked. (See: O. Reg, 189/26, s 3 (2)) O. Reg. 41/25, s. 2.