Bill 186 2005

An Act respecting the
composition of the council of
The Regional Municipality of Peel

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Composition of council

1.  (1)  The council of The Regional Municipality of Peel is composed of the following 25 members on the day that the new council is organized following the regular election in 2006:

1. A chair who is appointed in accordance with subsection (2).

2. Seven persons representing the City of Brampton, comprised of the head of council and six other persons selected in accordance with subsection (6).

3. Five persons representing the Town of Caledon, comprised of the head of council and four other persons selected in accordance with subsection (7).

4. Twelve persons representing the City of Mississauga, comprised of the head of council and 11 other persons selected in accordance with subsection (8).

Appointment of chair

(2)  The chair is to be appointed by the members of the Regional Council who are described in paragraphs 2, 3 and 4 of subsection (1) and, despite section 458 of the Municipal Act, 2001, subsection 6 (3) of the Regional Municipalities Act, as it read immediately before its repeal, does not apply to the appointment of the chair.

Term of office, etc., of chair

(3)  The chair is the head of council and holds office for the term of the council of the Regional Municipality and until his or her successor is appointed.

First meeting

(4)  The Clerk of the Regional Municipality shall preside at the first meeting under subsection 233 (1) or (2) of the Municipal Act, 2001 until the chair is chosen.

Effect of appointment

(5)  The chair is not eligible to be elected to, or to hold, any office governed by the Municipal Elections Act, 1996, and if the chair holds such an office immediately before his or her appointment, he or she ceases to hold that office upon being appointed as chair.

Selection of members, City of Brampton

(6)  The following rules govern the selection of the six persons referred to in paragraph 2 of subsection (1):

1. The City of Brampton may, by by-law, specify the manner of selecting them.

2. If the City does not pass a by-law on or before December 31, 2005 or such later date as may be prescribed by regulation,

i. five persons must be members of the City council elected by wards as members of both the council of the Regional Municipality and the City council, and

ii. one person must be elected to the council of the Regional Municipality by general vote of the electors of the City.

Same, Town of Caledon

(7)  The following rules govern the selection of the four persons referred to in paragraph 3 of subsection (1):

1. The Town of Caledon may, by by-law, specify the manner of selecting them.

2. If the Town does not pass a by-law on or before December 31, 2005 or such later date as may be prescribed by regulation, the four persons must be members of the Town council elected by wards as members of both the council of the Regional Municipality and the Town council.

Same, City of Mississauga

(8)  The following rules govern the selection of the 11 persons referred to in paragraph 4 of subsection (1):

1. The City of Mississauga may, by by-law, specify the manner of selecting them.

2. If the City does not pass a by-law on or before December 31, 2005 or such later date as may be prescribed by regulation,

i. nine persons must be members of the City council, and

ii. two persons must be elected to the council of the Regional Municipality by general vote of the electors of the City.

Restriction

(9)  A by-law passed under subsection (6), (7) or (8) must specify a manner of selecting persons that the Regional Municipality could also specify under section 218 of the Municipal Act, 2001, if the necessary regulation were made under subsection 218 (6) of that Act.

Notice of by-laws

(10)  The applicable municipality shall promptly give a certified copy of any by-law passed under subsection (6), (7) or (8) to the clerk of the Regional Municipality.

Conduct of regular election in 2006

2.  The regular election in 2006 in the Regional Municipality shall be conducted as if the composition of the council of the Regional Municipality described in subsection 1 (1) and any by-law passed under subsection 1 (6), (7) or (8) were already in effect.

Power to change council composition

3.  Nothing in section 1 limits the power of the Regional Municipality to change the composition of its council or the term of office of its head of council under section 218 of the Municipal Act, 2001 for any regular election after 2006, if the necessary regulation were made under subsection 218 (6) of that Act.

Regulations

4.  (1)  The Minister of Municipal Affairs and Housing may make regulations,

(a) providing for those matters which, in the Minister's opinion, are necessary or expedient to conduct the regular election in 2006 for,

(i) a municipal council, school board or other body in the Regional Municipality, and

(ii) a school board whose area of jurisdiction includes the Regional Municipality and an area outside the Regional Municipality;

(b) specifying dates for the purposes of subsections 1 (6), (7) and (8).

Same

(2)  In the event of a conflict between a regulation made under clause (1) (a) and any Act, the regulation prevails.

Commencement

5.  This Act comes into force on the day it receives Royal Assent.

Short title

6.  The short title of this Act is the Regional Municipality of Peel Act, 2005.

EXPLANATORY NOTE

This Explanatory Note was written as a reader's aid to Bill 186 and does not form part of the law. Bill 186 has been enacted as Chapter 20 of the Statutes of Ontario, 2005.

The Bill specifies the composition of the council of The Regional Municipality of Peel for the regular election of 2006. The Minister of Municipal Affairs and Housing is authorized to make regulations providing for matters that he or she considers necessary or expedient to conduct the regular election in 2006. The regulations prevail over any Act, in the event of a conflict.

Bill 186 2005

An Act respecting the
composition of the council of
The Regional Municipality of Peel

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Composition of council

1.  (1)  The council of The Regional Municipality of Peel is composed of the following 25 members on the day that the new council is organized following the regular election in 2006:

1. A chair who is appointed in accordance with subsection (2).

2. Seven persons representing the City of Brampton, comprised of the head of council and six other persons selected in accordance with subsection (4).

3. Five persons representing the Town of Caledon, comprised of the head of council and four other persons selected in accordance with subsection (5).

4. Twelve persons representing the City of Mississauga, comprised of the head of council and 11 other persons selected in accordance with subsection (6).

Appointment of chair

(2)  The chair is to be appointed by the members of the Regional Council who are described in paragraphs 2, 3 and 4 of subsection (1) and, despite section 458 of the Municipal Act, 2001, subsection 6 (3) of the Regional Municipalities Act, as it read immediately before its repeal, does not apply to the appointment of the chair.

Term of office, etc., of chair

(2.1)  The chair is the head of council and holds office for the term of the council of the Regional Municipality and until his or her successor is appointed.

First meeting

(2.2)  The Clerk of the Regional Municipality shall preside at the first meeting under subsection 233 (1) or (2) of the Municipal Act, 2001 until the chair is chosen.

Effect of appointment

(3)  The chair is not eligible to be elected to, or to hold, any office governed by the Municipal Elections Act, 1996, and if the chair holds such an office immediately before his or her appointment, he or she ceases to hold that office upon being appointed as chair.

Selection of members, City of Brampton

(4)  The following rules govern the selection of the six persons referred to in paragraph 2 of subsection (1):

1. The City of Brampton may, by by-law, specify the manner of selecting them.

2. If the City does not pass a by-law on or before December 31, 2005 or such later date as may be prescribed by regulation,

i. five persons must be members of the City council elected by wards as members of both the council of the Regional Municipality and the City council, and

ii. one person must be elected to the council of the Regional Municipality by general vote of the electors of the City.

Same, Town of Caledon

(5)  The following rules govern the selection of the four persons referred to in paragraph 3 of subsection (1):

1. The Town of Caledon may, by by-law, specify the manner of selecting them.

2. If the Town does not pass a by-law on or before December 31, 2005 or such later date as may be prescribed by regulation, the four persons must be members of the Town council elected by wards as members of both the council of the Regional Municipality and the Town council.

Same, City of Mississauga

(6)  The following rules govern the selection of the 11 persons referred to in paragraph 4 of subsection (1):

1. The City of Mississauga may, by by-law, specify the manner of selecting them.

2. If the City does not pass a by-law on or before December 31, 2005 or such later date as may be prescribed by regulation,

i. nine persons must be members of the City council, and

ii. two persons must be elected to the council of the Regional Municipality by general vote of the electors of the City.

Restriction

(7)  A by-law passed under subsection (4), (5) or (6) must specify a manner of selecting persons that the Regional Municipality could also specify under section 218 of the Municipal Act, 2001, if the necessary regulation were made under subsection 218 (6) of that Act.

Notice of by-laws

(8)  The applicable municipality shall promptly give a certified copy of any by-law passed under subsection (4), (5) or (6) to the clerk of the Regional Municipality.

Conduct of regular election in 2006

2.  The regular election in 2006 in the Regional Municipality shall be conducted as if the composition of the council of the Regional Municipality described in subsection 1 (1) and any by-law passed under subsection 1 (4), (5) or (6) were already in effect.

Power to change council composition

3.  Nothing in section 1 limits the power of the Regional Municipality to change the composition of its council or the term of office of its head of council under section 218 of the Municipal Act, 2001 for any regular election after 2006, if the necessary regulation were made under subsection 218 (6) of that Act.

Regulations

4.  (1)  The Minister of Municipal Affairs and Housing may make regulations,

(a) providing for those matters which, in the Minister's opinion, are necessary or expedient to conduct the regular election in 2006 for,

(i) a municipal council, school board or other body in the Regional Municipality, and

(ii) a school board whose area of jurisdiction includes the Regional Municipality and an area outside the Regional Municipality;

(b) specifying dates for the purposes of subsections 1 (4), (5) and (6).

Same

(2)  In the event of a conflict between a regulation made under clause (1) (a) and any Act, the regulation prevails.

Commencement

5.  This Act comes into force on the day it receives Royal Assent.

Short title

6.  The short title of this Act is the Regional Municipality of Peel Act, 2005.

This reprint of the Bill is marked to indicate the changes that were made in Committee.

The changes are indicated by underlines for new text and a strikethrough for deleted text.

______________

EXPLANATORY NOTE

The Bill specifies the composition of the council of The Regional Municipality of Peel for the regular election of 2006. The Minister of Municipal Affairs and Housing is authorized to make regulations providing for matters that he or she considers necessary or expedient to conduct the regular election in 2006. The regulations prevail over any Act, in the event of a conflict.

Bill 186 2005

An Act respecting the
composition of the council of
The Regional Municipality of Peel

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Composition of council

1.  (1)  The council of The Regional Municipality of Peel is composed of the following 25 members on the day that the new council is organized following the regular election in 2006:

1. A chair who is appointed in accordance with subsection (2).

2. Seven persons representing the City of Brampton, comprised of the head of council and six other persons selected in accordance with subsection (4).

3. Five persons representing the Town of Caledon, comprised of the head of council and four other persons selected in accordance with subsection (5).

4. Twelve persons representing the City of Mississauga, comprised of the head of council and 11 other persons selected in accordance with subsection (6).

Appointment of chair

(2)  The chair is to be appointed by the other members of the council of the Regional Municipality.

Effect of appointment

(3)  The chair is not eligible to be elected to, or to hold, any office governed by the Municipal Elections Act, 1996, and if the chair holds such an office immediately before his or her appointment, he or she ceases to hold that office upon being appointed as chair.

Selection of members, City of Brampton

(4)  The following rules govern the selection of the six persons referred to in paragraph 2 of subsection (1):

1. The City of Brampton may, by by-law, specify the manner of selecting them.

2. If the City does not pass a by-law on or before December 31, 2005 or such later date as may be prescribed by regulation,

i. five persons must be members of the City council elected by wards as members of both the council of the Regional Municipality and the City council, and

ii. one person must be elected to the council of the Regional Municipality by general vote of the electors of the City.

Same, Town of Caledon

(5)  The following rules govern the selection of the four persons referred to in paragraph 3 of subsection (1):

1. The Town of Caledon may, by by-law, specify the manner of selecting them.

2. If the Town does not pass a by-law on or before December 31, 2005 or such later date as may be prescribed by regulation, the four persons must be members of the Town council elected by wards as members of both the council of the Regional Municipality and the Town council.

Same, City of Mississauga

(6)  The following rules govern the selection of the 11 persons referred to in paragraph 4 of subsection (1):

1. The City of Mississauga may, by by-law, specify the manner of selecting them.

2. If the City does not pass a by-law on or before December 31, 2005 or such later date as may be prescribed by regulation,

i. nine persons must be members of the City council, and

ii. two persons must be elected to the council of the Regional Municipality by general vote of the electors of the City.

Restriction

(7)  A by-law passed under subsection (4), (5) or (6) must specify a manner of selecting persons that the Regional Municipality could also specify under section 218 of the Municipal Act, 2001, if the necessary regulation were made under subsection 218 (6) of that Act.

Notice of by-laws

(8)  The applicable municipality shall promptly give a certified copy of any by-law passed under subsection (4), (5) or (6) to the clerk of the Regional Municipality.

Conduct of regular election in 2006

2.  The regular election in 2006 in the Regional Municipality shall be conducted as if the composition of the council of the Regional Municipality described in subsection 1 (1) and any by-law passed under subsection 1 (4), (5) or (6) were already in effect.

Power to change council composition

3.  Nothing in section 1 limits the power of the Regional Municipality to change the composition of its council under section 218 of the Municipal Act, 2001 for any regular election after 2006, if the necessary regulation were made under subsection 218 (6) of that Act.

Regulations

4.  (1)  The Minister of Municipal Affairs and Housing may make regulations,

(a) providing for those matters which, in the Minister's opinion, are necessary or expedient to conduct the regular election in 2006 in the Regional Municipality;

(b) specifying dates for the purposes of subsections 1 (4), (5) and (6).

Same

(2)  In the event of a conflict between a regulation made under clause (1) (a) and any Act, the regulation prevails.

Commencement

5.  This Act comes into force on the day it receives Royal Assent.

Short title

6.  The short title of this Act is the Regional Municipality of Peel Act, 2005.

EXPLANATORY NOTE

The Bill specifies the composition of the council of The Regional Municipality of Peel for the regular election of 2006. The Minister of Municipal Affairs and Housing is authorized to make regulations providing for matters that he or she considers necessary or expedient to conduct the regular election in 2006 in the Regional Municipality. The regulations prevail over any Act, in the event of a conflict.