Mayoral Decisions

The following provides a more detailed overview of the legislative framework governing the Mayor’s special powers and duties under Part VI.1 of the Municipal Act, 2001.

Bill 3, Strong Mayors, Building Homes Act, 2022

Bill 3, the Strong Mayors, Building Homes Act, 2022, received Royal Assent on September 8, 2022, and came into force on November 23, 2022.

This legislation and associated regulations (O. Reg. 530/22 and O. Reg. 580/22) provide the Mayor with additional powers beyond those previously set out in the Municipal Act, 2001. These powers were assigned to Hamilton's Mayor on July 1, 2023 by O. Reg 180/23.

Bill 3 provides the Mayor, as the head of Council, with the ability to veto certain by-laws approved by Council if the Mayor “is of the opinion that all or part of the by-law could potentially interfere with a prescribed provincial priority.” The Mayor is required to provide written notice of intent to consider vetoing the by-law within a prescribed time period. Council may override the Mayor’s veto if two-thirds of Members vote in favour of such an override.

Bill 3 and the associated O. Reg. 530/22 also grant the Mayor, as head of Council, powers related to proposing the annual budget and initiating in-year budget amendments. Under O. Reg. 530/22 under the Municipal Act, 2001, the Mayor is required to propose the budget by February 1. After the Mayor proposes the budget, Council can pass resolutions to amend the budget within 30 days. The Mayor may veto a Council budget resolution and Council may then override a mayoral veto with a two-thirds majority vote. At the end of this process, the resulting budget is “deemed” to be adopted by the municipality.

Under the new legislation, the Mayor's powers include:

• appointing and dismissing the Chief Administrative Officer/City Manager as well as various senior managers;
• appointing Chairs/Vice-chairs for “prescribed committees, or committees within a prescribed class of committees,” and establishing or dissolving such prescribed committees;
• bringing matters forward for Council consideration if the Mayor “is of the opinion that considering a particular matter could potentially advance a prescribed provincial priority”;
• vetoing certain by-laws approved by Council if the Mayor “is of the opinion that all or part of the by-law could potentially interfere with a prescribed provincial priority”;
• proposing and preparing the municipal budget; and
• directing City staff in writing.

Bill 39, Better Municipal Governance Act, 2022

Bill 39, the Better Municipal Governance Act, 2022, received Royal Assent on December 8, 2022. With respect to Mayoral powers, Bill 39 amends the Municipal Act, 2001, to allow the Mayor to propose, and require Council to consider and vote on, certain a by-law related to prescribed Provincial Priorities (e.g. O. Reg. 580/22: Provincial Priorities). The by-law is considered passed if more than one third of Members of Council vote in favour of the by-law.