Opposition to strong mayor legislation grows

Opposition to Ontario Bill 39, Better Municipal Governance Act, 2022, giving the Toronto’s John Tory “strong mayor” powers continues to grow. FoNTRA wrote a letter to Mayor John Tory on November 23, 2022 expressing strong objections to what is widely seen as an anti-democratic move by the provincial government. It was followed by another letter on November 28, urging the mayor to call an emergency session of council to discuss the matter; he refused, despite calls from many of his own councillors to do so. On December 6, fifteen of the 25 city councillors sent a joint letter to Premier Doug Ford and Municipal Affairs Minister Steve Clark, urging a halt to the legislation.

Bill 39, if passed, would allow the mayor to pass by-laws with the support of as few of eight of the councillors – less than 1/3 of the elected council.

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Toronto councillors’ letter to province, December 6, 2022

Dear Premier Ford and Minister Clark:

We are writing today to register our concern regarding Bill 39, Better Municipal Governance Act, 2022, before the close of third reading.

Bill 39 provides the following: “That if the head of council is of the opinion that a by-law could potentially advance a prescribed provincial priority, the head of council may propose the by-law and require city council to consider and vote on the proposed by-law at a meeting. The by-law is passed if more than one third of the members of city council vote in favour of the by-law.”

On July 19, 2022, Toronto City Council passed a motion that read as follows: “City Council request the Province of Ontario to consult with the City of Toronto on governance prior to granting additional authorities to the City commensurate with Strong Mayor governance models,” and, that “City Council affirms its position that any changes to Toronto’s local elections or its governance structure should be decisions made by Toronto’s City Council.” The minutes of this meeting are appended to this letter.

Bill 39 is moving quickly through the Ontario Legislature and is expected to pass this week, but Toronto City Council has not had an opportunity to debate or consult with residents on this fundamental change in our governance.

We are writing to you today because we are concerned that we have not had the chance for input on the governance of our city, or to weigh in on the impacts on the checks and balances of power that would result from the loss of majority rule at Toronto City Council.

We are committed to the relationship with the Province of Ontario as outlined in Part I of the City of Toronto Act, 2006: one that ls based on “mutual respect, consultation, and cooperation.”  With this, we ask that you reconsider Bill 39. Toronto City Council should be governed by majority rule, and any changes to Toronto’s governance should be decisions made by City Council and local residents.

Sincerely,

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FoNTRA’s letter to Mayor John Tory & council – November 23, 2022

Toronto City Hall
100 Queen Street West
Toronto, ON M5H 2N2

RE: Bill 39: Better Municipal Governance Act, 2022

Dear Mayor John Tory and Members of City Council,

This is to express our strong opposition to Bill 39, and concern about recent revelations about the involvement of the Mayor in originating its passage.

Bill 39, if passed, would enable the Mayor of Toronto (and also of Ottawa) to get a bylaw passed by Council with only one third of the councillors voting in support. As such, only eight of the 25 councillors would need to be onside to have his way, at least on measures that line up with the aims of the provincial government. 

Bill 39 expands on governance matters changed in the government’s earlier Bill 3. The Strong Mayors Act centralizes several powers in the Office of the Mayor.  The provisions in Bill 3 offend three basic principles of municipal government in Ontario:

1. that Council is supreme;
2. that City staff are members of the independent Public Service reporting to its head, the City Manager, and providing non-partisan professional advice to Council;
3. that, with only a few exceptions (relating to negotiating agreements and individual privacy), Council will conduct its business, and its deliberations in public.

Bill 39 lowers the bar for approval in passage of legislation and in so doing introduces a fourth offence – the most serious of all – the democratic principle of “majority plus one” in determining decisions.

You are seeing united opposition to this Bill, from all five former Mayors, and from across civil society in Toronto and Ottawa.   We hope that Mayor Tory heeds this massive rejection and stands with democracy.  We respectfully request Mayor Tory to personally repudiate the special legislative provisions in Bill 39 which he reportedly requested of the Ontario government.

Yours truly,

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FoNTRA’s letter to Mayor John Tory – November 28, 2022

Office of the Mayor
Toronto City Hall
100 Queen Street West
Toronto, ON M5H 2N2

RE: Bill 39: Better Municipal Governance Act, 2022

Dear Mayor John Tory,

The Federation of North Toronto Residents Associations (FoNTRA) requests that you urgently arrange a special Council meeting to allow members of City Council to discuss the proposed legislation, and to permit residents of Toronto to have input on the Bill.

Since our letter to you and all Councillors last week (dated November 23 – copy attached) this critical matter has become even more urgent with the aggressive timetable announced by the Ontario government:

Public presentations to the Standing Committee are limited to a total of seven hours (November 29 – one hour and November 30 – six hours);

Clause-by-clause consideration of the bill is scheduled for Dec. 5.

Legislative Assembly consideration of the Bill is likely in the week of December 12 or before.  

If Council waits until the regular meeting on December 13, the voices of members of Council and that of the residents of this City will likely not be heard from before the legislation is voted on I the Legislature.  Our critical concerns with this extraordinary undemocratic legislation are enumerated in the November 23 letter.

Yours truly,

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