We are pleased to see that the Ontario Government has responded to our longstanding call to clarify how restricted acts apply to heads of council in strong mayor municipalities. Effective June 22, 2026, Ontario Regulation 530/22 under the Municipal Act, 2001, has been amended to introduce explicit guardrails on the exercise of strong mayor powers during an election period. Minister Flack communicated these amendments to heads of council in a letter dated June 23, 2026.
This is a meaningful win for AMCTO and our members. We have been raising this issue with the Ministry of Municipal Affairs and Housing (MMAH) since strong mayor powers were first introduced in 2022, including more recently through formal communications with the ministry. We appreciate that the Province has acted on our ask given the significant challenges to municipal operations and administration that could have arisen if left unchecked.
The amendment added:
1. Section 7 (1.1) – Budget Restrictions in Election Years
The regulatory amendments provide that the head of council may only propose a budget for the year immediately following a regular election in the year to which that budget applies. This is consistent with sections 289 (1.1) and 290 (1.1) of the Municipal Act, 2001, and closes the gap where a head of council may have otherwise proposed a post-election budget before the incoming council takes office.
2. Section 11 – Restrictions on Head of Council Powers During an Election
Once it can be determined during an election that significant council turnover is likely (less than three-quarters continuity, or a new head of council), the head of council is restricted from:
- Appointing a chief administrative officer (s. 284.5 of the Act)
- Restructuring the organization of the municipality (s. 284.6 of the Act)
- Proposing bylaws that would authorize the disposal of property or expenditures exceeding $50,000 (s. 284.11.1 of the Act), unless already included in the adopted budget.
Limited exceptions apply where the matter was already included in the most recently adopted budget, where there is an emergency, or where authority had already been delegated before nomination day.
Please refer to the regulations for specifics on restricted acts scenarios in strong mayor municipalities.
We Want to Hear from You
As chief administrative officers, clerks, and treasurers review the updated regulation, we want to hear your comments and concerns. If you have any feedback about the application of restricted acts, please reach out to us. Member feedback is a critical part of how we will continue to shape our ongoing engagement and advocacy with the Province.