Big Changes At City Hall For 2007

The City of Toronto Act officially came into effect Monday. It’s a piece of legislation Mayor David Miller calls the most important and significant change the city has seen in the past century, which gives municipal officials greater law-making freedom.

Miller, who held his annual New Year’s levee Monday at City Hall, had long urged the province to grant municipal politicians greater powers over their own jurisdictions. Before this act came into effect, the city had to get permission from Queen’s Park before making certain changes, no matter how mundane.

The act, which was officially proclaimed Monday, gives Toronto the ability to independently reshape ward boundaries, greater power to license and regulate business, undertake more economic development opportunities, and gives local politicians new taxing powers, aside from property tax.

Miller said this piece of legislation could have a big impact on polluted industrial lands in Etobicoke and Scarborough.

“We want to turn that land again into a place where there’s jobs,” he said.

“To do that we now have the power to do what they do in the United States which is give some incentives to business called tax incremental financing. We can give incentives to businesses to create jobs and opportunity for Torontonians.”

Transit, development and garbage are huge issues for Toronto residents and Miller said this act could bring positive change in those areas as well.

“We have much more ability to steer when there’s new development. We now will have the ability to create what are called review panels. We can say to a developer, you know what? This new condominium building doesn’t meet the standards Torontonians expect,” Miller said.

“So as Toronto grows, and it will grow, we can start having our public spaces be much more inviting, new buildings be much more interesting and that’s important because it’s in the public space where you become a Torontonian.”

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Some of the changes in the City of Toronto Act, 2006 include:

General

-Broad permissive powers to pass by-laws in respect to:
-Governance structure of the city and its local boards
-Accountability and transparency of the city and its operations
-Financial management
-Public assets of the city
-Economic, social and environmental well-being of the city
-Health, safety and well-being of persons
-Services provided by the city
-Protection of persons and property, including consumer protection

Animals

-Structures including fences and signs

Business licensing

-Greater flexibility regarding procurement and notice.

Integrity and Accountability

-Requirement to establish an effective integrity and accountability regime including: a lobbyist registry, integrity commissioner, auditor general and ombudsman
-Authority to prohibit trade union and corporate donations to campaigns for city council
   
Governance and Delegation

-Broader authority to delegate decision-making to committees of council, staff, and boards, including authority to delegate limited quasi-judicial and legislative functions
-Broad permissive powers to change local boards (excluding boards of health, police services boards and library boards)
-Electronic participation in meetings within defined limits
-Authority to change council composition and ward boundaries

Land-Use Planning

-Authority to create a local appeals body for certain planning decisions (i.e. minor variance and consent)
-Authority to regulate appearance and design features and exteriorsustainable design of buildings, such as green roofs
-Clarifies authority to regulate minimum and maximum density and height of development in zoning by-laws
-Authority to pass zoning by-laws with conditions attached to the approval in order to address matters such as intensification and rownfields development goals
-Allow interim controls under the Ontario Heritage Act to take effect as soon as they are imposed by council to provide stronger protection for heritage buildings

Business Regulation

New enhanced business licensing authority including:
-administrative suspension of a business license imposing monetary penalty for contravention of a business license
-authority to establish holiday store closings
  
Enforcement / Power of Entry

-Authority to establish fines for contravening by-laws of up to a maximum of $100,000
-Authority to establish a system of administrative penalties for non-compliance with parking by-laws (subject to enabling regulation)
-Ability to establish offences for directors of corporations when corporations contravene by-laws
-Harmonized power of entry to inspect for compliance with by-laws
-Authority to search a premise for evidence of a by-law contravention pursuant to a warrant that may also authorize seizure of evidence
   
Roads

-Removal of requirement for environmental assessment for traffic calming measures
-Greater flexibility to establish speed limits on local roads

Housing

-Authority to provide temporary housing accommodation to address housing emergencies without having to obtain provincial approval
-Authority for loan agreements for housing projects without provincial approval provided that the city provides an indemnity
-Authority to control the demolition and conversion of rental housing
   
Intergovernmental Relations

-Explicit recognition of authority to enter into agreements with the federal government
-New relationship with province based on mutual respect, consultation and cooperation
   
Fiscal Issues

-Broad authority to manage its financial affairs
-Increased flexibility to establish municipal corporations
-Authority to undertake tax increment financing with respect to municipal taxation within prescribed areas
-Broad permissive authority to raise new taxes except in areas specifically prohibited, such as an income tax, wealth tax, gas tax or a general sales tax.
-Expanded authority to provide bonuses for private business in the
-City of Toronto within the context of a community improvement plan without provincial approval.