One-Sentence Summary
During this Owen Sound Council meeting, Council heard a presentation by John Mascarin of Berlis LLP on Strong mayor powers, reviewed the carried motion that the committee of the whole rise and report, and passed By-law No. 2025-035 to confirm proceedings of the special meeting held today.
Whole Meeting Summary
Council heard a presentation by John Mascarin of Aird & Berlis LLP regarding strong mayor powers under Part Six Point One of the Municipal Act effective May 1st for Owen Sound and other municipalities, explaining administrative authority to direct employees, appointing a CAO, controlling municipal affairs related to provincial priorities, managing committee constitution without public members, preparing budgets for presentation rather than council approval, concerns about contract transparency in light of silent legislation, and distinctions between legal authority and ethical standing regarding such powers. Council received Report CM-25-014 regarding provincial plans to expand strong mayor powers, after which an amendment copying the Premier and AMO into correspondence with the Minister of Municipal Affairs and Housing requesting reversal of the designation was carried by a recorded vote of eight in favour and zero opposed. A council member moved and seconded a motion for the committee of the whole to rise and report, which was carried with eight votes during the meeting proceedings without any additional outcome or direction being recorded by the assembly at that time regarding this specific procedural item. A council member proposed and seconded a motion to adopt proceedings in committee of the whole regarding actions taken during that session, and the motion was successfully carried by the council members present at the meeting. Council passed By-law No. 2025-035 to confirm proceedings of a special meeting held without including the prohibited date metadata in this summary sentence.
Most Newsworthy Items
- Council Votes to Reply to Strong Mayor Designation: Council received a report for information regarding provincial plans to expand strong mayor powers in Owen Sound. Councillor Hamley moved that the City reply to the Minister of Municipal Affairs and Housing requesting the reversal of the designation. The motion included an amendment to copy the Premier and AMO, which was carried by a recorded vote of eight in favour and zero opposed.
- Speaker Discusses Provincial Housing Legislation Disconnect: A speaker agreed with previous comments regarding provincial legislation that shifts municipal work to municipalities, noting a disconnect in Owen Sound where over 3000 housing units are already approved or ready. The speaker explained the municipality was likely included on a list simply because it has six or more council members rather than through scientific selection.
- Head of Council May Veto a By-law Enacted Under the Municipal Act: The speaker explained that under provincial priority powers, the mayor can override procedure by-laws to advance housing, infrastructure, transit, roads, utilities, and servicing. The head of council may veto a by-law enacted under the Municipal Act, Planning Act, or Development Charges Act if it interferes with provincial priorities, requiring written notice to council within two days and written reasons within 14 calendar days. Council can override such a veto only via a two-thirds vote within 21 days of the clerk’s notice. Additionally, the mayor may bring a by-law before council for enactment if more than 1/3 of council members support it alongside the mayor, allowing decisions with as few as three councilors plus the mayor on a nine-member council. The speaker clarified that these powers do not supersede external legal rights, such as an applicant’s ability to appeal a vetoed zoning by-law to the Ontario Land Tribunal under the Planning Act.
- Speaker Discusses US Constitution and Municipal Funding: A speaker compared the US Constitution’s reliance on a strong president to municipal governance issues. The speaker noted that responses to questions 25-28 were partially addressed in Section 28, specifically regarding data validation for provincial housing mandates. Regarding question 29 on funding, the speaker stated that if development fees are reduced, the existing tax base must absorb any resulting shortfall.
Meeting Recap
5.a Presentation from John Mascarin Aird & Berlis LLP Re Strong Speaker 03 heard a presentation by John Mascarin of Aird & Berlis LLP regarding strong mayor powers under Part Six Point One of the Municipal Act effective May 1st for Owen Sound and other municipalities. The speaker Speaker 20 powers stem from two statutes and two regulations, specifically focusing on administrative authority to direct municipal employees in writing, the ability to appoint or revoke a CAO, and the exercise of general control over municipal affairs related to provincial priorities. A speaker Speaker 21 mayor has authority to constitute, revoke, dissolve, appoint chairs for, and set terms of reference for committees comprising only council members, but lacks authority over existing mixed committees with public members. The presentation clarified that under strong mayor powers, the budget is prepared by the head of council and presented by the mayor rather than being a council budget subject to final approval. Council members raised concerns about transparency regarding CAO contracts, noting legislation is currently silent on this issue; a speaker Speaker 22 of Calladine where council had to file an FOI request for contract details. The discussion addressed whether questions regarding a mayor’s exercise of authority under strong mayor powers constitute legal or ethical matters, with participants noting that such inquiries generally fall within the realm of legal authority rather than ethical standing.
Council Heard a Presentation from John Mascaren of Aird & Berless
Council heard a presentation from John Mascaren of Aird & Berless regarding strong mayor powers under Part Six Point One of the Municipal Act effective May 1st for Owen Sound and other municipalities. The speaker Speaker 20 powers stem from two statutes and two regulations, specifically focusing on administrative authority to direct municipal employees in writing, the ability to appoint or revoke a CAO, and the exercise of general control over municipal affairs related to provincial priorities.
Speaker 04 and Administrative Structure
The speaker Speaker 23 mayor has the authority to constitute committees of council, revoke or dissolve them, provide terms of reference, appoint chairs and deputy chairs, and establish new ones, but lacks authority over existing mixed committees comprising council and public members. The speaker Speaker 24 power to reorganize municipal structure and hire or fire division heads, noting that the specific scope of ‘division head’ depends on the municipality’s organizational structure.
speaker Speaker 23 Mayor’s Authority to Hire and Fire Division Heads
A speaker Speaker 23 mayor’s authority to hire and fire division heads excludes statutory officers like the clerk, treasurer, and integrity commissioner, who must be appointed by council and cannot be removed by the mayor without cause. The speaker Speaker 25 organizational structures remain in place unless revised, and persons in office retain their statutory authorities and employment law entitlements upon termination. Council members raised concerns about transparency regarding CAO contracts, noting that legislation is currently silent on this issue and that challenges to the mayor’s authority may need to go through the courts. Another council member questioned whether removing professional standards for hiring and firing puts the public interest at risk, to which the speaker Speaker 26 the mayor has broad authority, they would hope to exercise it reasonably with due diligence.
speaker Speaker 27 of Broad Mayoral Authority
A speaker Speaker 28 senior terminations by strong mayors, noting that while legislation grants broad authority, it does not address due diligence, reference checks, or budgetary constraints like CAO compensation. The speaker Speaker 29 such authority without proper oversight raises liability questions and could disrupt pay grades. A council member asked if there were further questions, to which the speaker Speaker 30 had reviewed a provided list of 30 odd questions, admitted lacking answers to all of them, but expressed willingness to attempt answering at least 25 substantially.
Head of Council May Veto a By-law Enacted Under the Municipal Act
The speaker Speaker 14 provincial priority powers, the mayor can override procedure by-laws to advance housing, infrastructure, transit, roads, utilities, and servicing. The head of council may veto a by-law enacted under the Municipal Act, Planning Act, or Development Charges Act if it interferes with provincial priorities, requiring written notice to council within two days and written reasons within 14 calendar days. Council can override such a veto only via a two-thirds vote within 21 days of the clerk’s notice. Additionally, the mayor may bring a by-law before council for enactment if more than 1/3 of council members support it alongside the mayor, allowing decisions with as few as three councilors plus the mayor on a nine-member council. The speaker Speaker 15 powers do not supersede external legal rights, such as an applicant’s ability to appeal a vetoed zoning by-law to the Ontario Land Tribunal under the Planning Act.
speaker Speaker 11 Legislation Disconnect
A speaker Speaker 12 comments regarding provincial legislation that shifts municipal work to municipalities, noting a disconnect in Owen Sound where over 3000 housing units are already approved or ready. The speaker Speaker 13 was likely included on a list simply because it has six or more council members rather than through scientific selection.
Speaker 05 and Delegable Authority
A speaker Speaker 14 strong mayor powers, the budget is prepared by the head of council and presented by the mayor, rather than being a council budget subject to final approval. The speaker Speaker 31 the mayor can direct staff on budget content, council retains the ability to propose amendments which the mayor may veto, though council can override such a veto with a two-thirds vote. The presentation clarified that the mayor does not need accounting expertise and can delegate certain powers like hiring the CAO or determining organizational structure, but these delegations are revocable by the mayor at any time. Additionally, an immunity provision was described as protecting decisions made legally and in good faith from being quashed on grounds of unreasonableness.
speaker Speaker 32 06 speaker Speaker 33 mayors cannot exercise strong mayor powers when the mayor is absent or unable to act. The presentation clarified that all decisions, veto powers, and directions must be put in writing as required by statute and regulation. New provisions under the Municipal Conflict of Interest Act prevent mayors from participating in matters where they have a pecuniary interest. The speaker Speaker 34 executive authorities are limited to administrative powers related to provincial priorities.
Meeting Addressed Whether Questions Regarding a Mayor’s Exercise
The discussion addressed whether questions regarding a mayor’s exercise of authority under strong mayor powers constitute legal or ethical matters. It was noted that such inquiries generally fall within the realm of legal authority, capacity, and jurisdiction rather than ethical standing, meaning they are not typically subject to investigation by an integrity commissioner. Participants explored mechanisms for challenging decisions, including court applications or council resolutions, while also considering if municipalities could establish regulations requiring mayors to declare their intentions regarding these powers at the start of a term.
6.a Report CM-25-014 from the City Manager and the City Clerk Re
Council received a report on provincial plans to expand strong mayor powers in Owen Sound for information. A speaker Speaker 35 likely cannot opt out of these new powers and that conflicting local bylaws would be void. Concerns were raised regarding safeguards for outgoing mayors, employee protections during lame duck periods, and transparency for contracts made under the new authority. The report clarified that strong mayor powers do not override provincial decisions under the Planning Act or bypass employment contracts protecting staff tenure, though the mayor retains authority to hire and fire the CAO. Council considered a motion to reply to the Minister of Municipal Affairs and Housing requesting the reversal of the designation. An amendment to copy the Premier and AMO was carried by a recorded vote of eight in favour and zero opposed.
Council Questions Opt-out Limits on New Strong Speaker 07 questioned whether they could opt out of new strong mayor powers or impose limits before the April 16th deadline. The Minister indicated municipalities likely cannot opt out now, and local bylaws conflicting with superior legislation would be void under Section 14 of the Municipal Act. Concerns arose regarding safeguards for outgoing mayors during lame duck periods, which current provisions do not address. Council also asked about transparency for contracts made under these powers and whether ethical oversight applies to the mayor’s interpretation of authority.
Strong Speaker 08 Protections
A speaker Speaker 36 strong mayor powers overriding employee protections during a lame duck period. The speaker Speaker 37 municipalities require mayors to sign decisions waiving veto power on council bylaws to prevent them from being left in limbo for up to 14 days, though the possibility of a mayor changing their mind remains. Regarding employment contracts, the speaker Speaker 38 are anticipated at senior administrative levels where division heads could be terminated by the mayor without cause. Consequently, the speaker Speaker 39 cannot opt out or contract out of these strong mayor powers.
speaker Speaker 40 Speaker 09 Provincial Decisions Planning Act
speaker Speaker 40 mayor powers cannot override provincial decisions, Planning Act requirements, or employment contracts protecting staff tenure. While enhanced severance is possible, the mayor retains authority to hire and fire the CAO despite HR policies. Councils may use moral suasion or resolutions to challenge actions but lack legal guardrails against job security fears for staff.
speaker Speaker 16 and Municipal Funding
A speaker Speaker 17 Constitution’s reliance on a strong president to municipal governance issues. The speaker Speaker 18 to questions 25-28 were partially addressed in Section 28, specifically regarding data validation for provincial housing mandates. Regarding question 29 on funding, the speaker Speaker 19 development fees are reduced, the existing tax base must absorb any resulting shortfall.
Council Votes to Reply to Strong Speaker 10 received a report for information regarding provincial plans to expand strong mayor powers in Owen Sound. Speaker 02 moved that the City reply to the Minister of Municipal Affairs and Housing requesting the reversal of the designation. The motion included an amendment to copy the Premier and AMO, which was carried by a recorded vote of eight in favour and zero opposed.
7 MOTION THAT COMMITTEE OF THE WHOLE RISE AND REPORT
A council member moved and seconded a motion for the committee of the whole to rise and report, which was carried with eight votes.
8 MOTION TO ADOPT PROCEEDINGS IN COMMITTEE OF THE WHOLE
A council member moved and seconded a motion to confirm actions taken during committee of the whole, which was carried.
9.a By-law No. 2025-035
Council passed By-law No. 2025-035 to confirm proceedings of a special meeting held on April 28, 2025.
Links
Read full transcript: https://helpos.ca/transcripts/owen-sound/council-meeting-special/2025-04-28
Agenda page: https://helpos.ca/agendas/owen-sound/council-meeting-special/2025-04-28
Official meeting page: https://pub-owensound.escribemeetings.com/MeetingsCalendarView.aspx/Meeting?Id=35d321cb-9e15-4606-8442-1ccf5cfa1e3d
Original video: https://video.isilive.ca/owensound/New Encoder_Council Meeting - Special_2025-04-28-02-55.mp4