Bill 46, Municipal Statute Law Amendment Act (Councillor Pregnancy and Parental Leave), 2016

Bill 46 2016

An Act respecting pregnancy and parental leaves of municipal council members

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

Municipal Act, 2001

   1.  Section 259 of the Municipal Act, 2001 is amended by adding the following subsection:

Exception

   (1.1)  Clause (1) (c) does not apply to vacate the office of a member of council of a municipality who is absent for 20 consecutive weeks or less if the absence is a result of the member's pregnancy, the birth of the member's child or the adoption of a child by the member.

   2.  Subsection 270 (1) of the Act is amended by adding the following paragraph:

    7.  Pregnancy leaves and parental leaves of members of the council.

City of Toronto Act, 2006

   3.  Section 204 of the City of Toronto Act, 2006 is amended by adding the following subsection:

Exception

   (2)  Clause (1) (c) does not apply to vacate the office of a member of city council who is absent for 20 consecutive weeks or less and if the absence is a result of the member's pregnancy, the birth of the member's child or the adoption of a child by the member.

   4.  Subsection 212 (1) of the Act is amended by adding the following paragraph:

    9.  Pregnancy leaves and parental leaves of members of the city council.

Commencement and Short Title

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 Municipal Statute Law Amendment Act (Councillor Pregnancy and Parental Leave), 2016.

EXPLANATORY NOTE

The Bill amends the Municipal Act, 2001 and the City of Toronto Act, 2006 to provide that the office of council members will not be vacated due to absences related to pregnancy or the birth or adoption of the member's child. Municipalities are required to adopt and maintain policies with respect to pregnancy and parental leaves of council members.