posted March 08, 2008

City of Toronto Act short excerpts

Here are some clauses in the City of Toronto Act 2006 which emphasize the importance of creative work that people do to make the City a lively, interesting place to be.

1. Part I – Interpretation

The Preamble notes that the assumptions/premises upon which the Act has come into being:

- the City plays an important role in creating and supporting a high quality of life for people of Ontario and [only the people themselves can express what makes up this high quality”] - the lawmakers recognize the City as a government “capable of exercising its powers in a responsible and accountable fashion”

“Preamble The Assembly recognizes that the City of Toronto, as Ontario’s capital city, is an economic engine of Ontario and of Canada. The Assembly recognizes that the City plays an important role in creating and supporting economic prosperity and a high quality of life for the people of Ontario…. The Assembly recognizes the importance of providing the City with a legislative framework within which the City can build a strong, vibrant and sustainable city that is capable of thriving in the global economy. The Assembly recognizes that the City is a government that is capable of exercising its powers in a responsible and accountable fashion.”

2. s. 1. Governing principles:

- City exists for purpose of providing good government

- Council is responsible and accountable

s. 2. Purposes of the City of Toronto Act

- to provide a broad framework of powers to allow the City to do the following things to provide good government:

- determine what is in the public interest [note: there is no mention of how this is done, or any explicit mention of the “public’s” role in defining its interest; nevertheless, we need to fill in the obvious – that the city’s function is to listen to and take the lead from, (as the preamble states, “support”) those people who are working to do cool, lively things in the city,]

- respond to the needs of the City [this is not defined, nor is the process for determining these “needs” set out. Again, arguably this can only be defined by those citizens actually doing things, not by policy-makers who do not participate in the activities, etc. that they presume to plan and manage]

- determine the appropriate structure for governing [again, it is Torontonians who need to take the lead role in directing the city as to citizens' aspirations re: public space and parks]

- ensure the City is accountable to the public and that decisions are made in a transparent way [this is huge and begs the question of the "need" for any policy in the first place; surely this "need" is rationally triggered only by the citizenry, not by the bureaucracy]

s. 5. Review of the Act

This Act will be reviewed after 2 years (Jan. 1/09) and every 5 years onward.

[we have an interest in talking to the province about our concerns that the city is not being run for the citizens for whom it exists.]

Part II. General Powers

s. 8. (1) the City has broad powers to “provide any service or thing that the City considers necessary or desirable for the public”. [as per above, we must emphasize that, as it is our city, our markets, etc, Torontonians are the ones to direct the city on what is necessary and desirable for us]

Part IV- The City and its Governance

[this part is of pivotal importance to people who live in the city as it clearly defines who is responsible for what and is the legal basis upon which to challenge the legality of policy-making that is currently happening at the city]

City Council

s. 131 Role of Council

- to represent public, consider well-being and interests of the City

- to develop and evaluate policies and programs of the City

- to determine the services the City provides

- to ensure that administrative policies, practices and procedures and controllership policies, practices and procedures are in place to implement Council's decisions [staff only carry out the decisions of elected officials, they don't make the decisions. see the mirror provision below s. 136 re: role of officers and employees]

- to ensure accountability and transparency of City operations, including activities of senior management

- maintain financial integrity

- general section catch all

s. 132 The City's powers are exercised by Council

s. 132 (2) A power of the City shall be exercised by by-law unless the City is specifically authorized to do otherwise. [as we understand this section, the only legitimate way to affect citizens' rights, e.g. helmet or stroller policy at rinks is by by-law. We haven't encountered any section in the Act which specifically permits proceeding in a different way.]

s. 133 Mayor's role

- is the chief executive officer

- provides leadership, preside over meetings so that business is carried out effectively and efficiently

s. 133 (2) his role is to provide information and make recommendations:

- to ensure that administrative policies, practices and procedures and controllership policies, practices and procedures are in place to implement Council's decisions

- to ensure accountability and transparency of City operations, including activities of senior management (s. 131 (d)(e) above) [above all else, it is the Mayor's job to make sure that staff is carrying out Council's decisions, or making recommendations to Council, not making the decisions.]

s. 133 Mayor's role as chief executive officer - the mayor shall:

- uphold and promote the city's purposes

- promote public involvement in the City's activities [****transfer to notes re; legislation - Mayor's job to make sure this happens]

s. 136 Role of officers and employees

- to implement Council's decisions and establish administrative policies and procedures to carry out those decisions

- to undertake research and provide advice to Council on the City's policies and programs

- other duties required under the Act