The Corporation of the City of St. Catharines GENERAL COMMITTEE AGENDA Special, Monday, February 6, 2017 Council Chambers, City Hall, 6:30 PM

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1 The Corporation of the City of St. Catharines GENERAL COMMITTEE AGENDA Special, Monday, February 6, 2017 Council Chambers, City Hall, 6:30 PM Page His Worship Mayor Walter Sendzik takes the Chair and opens the meeting 1. Discussion Reports Legal and Clerks Services, Office of the City Clerk Re: Double Duty Councillor - Passage of By-law to Change Composition of Regional Council 2. Report Requests and Directions for Staff 3. In-Camera Session (General Committee) Council will meet In-Camera for the following purposes: labour relations or employee negotiations 4. Adjournment The mayor will call for adjournment following In-Camera. Page 1 of 5

2 Corporate Report Report from Legal and Clerks Services, Office of the City Clerk Date of Report: January 29, 2017 Date of Meeting: February 6, 2017 Report Number: LCS File: Subject: Double Duty Councillor Passage of By-law to Change Composition of Regional Council Recommendation That the Council of St. Catharines consents to the passage of the by-law of the Regional Municipality of Niagara, being a by-law to change the composition of the Regional Council. FORTHWITH Background After hosting an additional public meeting in St. Catharines, Regional Council considered and passed a motion that allows the Region to pass a by-law, if it receives triple majority, to change the composition of Regional Council. The Clerk received correspondence advising that Regional Council passed the motion to adopt a by-law to change the Composition of Council (Appendix 1). On January 19, 2017, Regional Council passed the following motion: 1. That subject to the public meeting as required by the Municipal Act, 2001, Regional Council ADOPT a by-law to change its composition, and such by-law, if adopted to come into force and effect on April 27, 2017, provided that: a) a majority of the Councils of the local area municipalities pass resolutions consenting to the by-law (referred to above); and, b) the total number of electors in the local municipalities that have passed resolutions in support of the by-law form a majority of all electors in the Region of Niagara as established in the revised list of electors for the municipal election held in the year That subject to the adoption of the by-law, a copy of the by-law and Report CLK BE FORWARDED to the clerks of the 12 local area municipalities with a request that their councils adopt the following resolution and advise the Regional Clerk of the results of that consideration, no later than March 31, 2017: Report Page 1 of 2 Legal and Clerks Services, Office of the City Clerk Re: Doub... Page 2 of 5

3 That the Council of St. Catharines consents to the passage of the by-law of the Regional Municipality of Niagara, being a by-law to change the composition of the Regional Council. Report The Minister of Municipal Affairs and Housing has made a regulation authorizing The Regional Municipality of Niagara to exercise its power under the Municipal Act (MA) to change its composition; specifically, the method of selecting the members of Regional Council that represent the City of St. Catharines. The Regulation, O. Reg. 158/16 (Attached as Appendix 1), provides that The Regional Municipality of Niagara may exercise its power under section 218 of the MA to change the method of selecting members of the council as follows: The six members of regional council representing the City of St. Catharines may instead of being elected by general vote of the electors of the city, be elected by wards as members of both the council of the regional municipality and the council of the city. The motion that is presented in this report for St. Catharines City Council requests Council to now consider consenting to the passage of the regional by-law. This step makes up part of the triple majority requirement process as prescribed in the MA. All the municipalities in the Region of Niagara will consider the same motion. The motion will be as prescribed by the Region of Niagara, no amendments to the motion with the exception of consents to or does not consent to the passing of the by-law. If a majority of municipalities pass the motion, and if that majority makes up the majority of electors of the region, at the time of the 2014 election, then the by-law will pass, allowing St. Catharines to elect 6 double duty councillors in the 2018 Municipal and School Board election. Appendix 2 is a copy of the letter from the Regional Clerk asking St. Catharines to consider the motion and report back to the Region of Niagara by March As Council was informed, there are many changes to the Municipal Elections Act that will need to be addressed by staff and communicated to the citizens of St. Catharines. A timely response to the double duty councillor is a necessary step to moving the 2018 election process forward. Financial Implications There are none. Notification It is in order to notify The Region of Niagara, Regional Clerk s Office. Prepared by: Bonnie Nistico-Dunk, City Clerk Submitted & Approved by: Heather Salter, Interim City Solicitor, Director of Legal and Clerks Services. Report Page 2 of 2 Legal and Clerks Services, Office of the City Clerk Re: Doub... Page 3 of 5

4 Niagara Administration Office of the Regional Clerk 1815 Sir Isaac Brock Way, PO Box I 042, Thorold, ON L2V 4T7 Telephone: Toll-free: Fax: January 20, 2017 Area Municipal Clerks SENT ELECTRON/CALLY RE: Change to Composition of Regional Council - "Double Direct" Minute Item , CL , January 19, 2017 Regional Council at its meeting held on Thursday, January 19, 2017 passed the following resolution: That Report CLK , dated September 15, 2016, respecting Change to Composition of Regional Council - "Double Direct" BE RECEIVED and the following recommendations BE APPROVED: 1. That, subject to the public meeting as required by the Municipal Act, 2001, Regional Council ADOPT a by-law to change its composition, and such by-law, if adopted, to come into force an effect on April 27, 2017, provided that: a. a majority of the councils of the local area municipalities pass resolutions consenting to the by-law (referred to above); and, b. the total number of electors in the local municipalities that have passed resolutions in support of the by-law form a majority of all electors in the region of Niagara as established in the revised list of electors for the municipal election held in the year That, subject to the adoption of the by-law, a copy of the by-law and Report CLK BE FORWARDED to the clerks of the 12 local area municipalities with a request that their councils adopt the following resolution and advise the Regional Clerk of the results of that consideration, no later than March 31, 2017: "That the Council of (name of municipality) consents to the passage of the by-law of the Regional Municipality of Niagara, being a by-law to change the composition of the Regional Council." In accordance with Council's resolution, I would appreciate receiving your Councils' decision by March 31, I am happy to answer any questions. Yours truly, Ralph Walton Regional Clerk :pp Attachments (2) Legal and Clerks Services, Office of the City Clerk Re: Doub... Page 4 of 5

5 Bill Authorization Reference: CLK ; CL , Minute Item THE REGIONAL MUNICIPALITY OF NIAGARA BY-LAW NO A BY-LAW TO CHANGE THE COMPOSITION OF REGIONAL COUNCIL WHEREAS Section 218(2) of the Municipal Act, S.O. 2001, Ch. 25, as amended, provides that the council of an upper-tier municipality may, by by-law, change the composition of its council; WHEREAS Section 218(5) of the Municipal Act, S.O. 2001, further provides that this section does not apply to an upper-tier municipality until the Minister makes a regulation declaring that the section applies to the upper-tier municipality; and WHEREAS the Minister filed 0. Reg.158/16 on June 2, 2016 declaring that The Regional Municipality of Niagara may exercise its powers under Section 218. NOW THEREFORE the Council of The Regional Municipality of Niagara enacts as follows: 1. That the composition of Regional Council be changed to provide that the six members of Regional Council representing The City of St. Catharines shall be elected by wards as members of both the council of the regional municipality and the council of the city; 2. That these seats shall be filled in accordance with the Municipal Elections Act, S for the election to be held in the year 2018, being the next regular election to occur after passing of this by-law; and, 3. That this by-law shall come into force and effect on April 27, 2017, provided that: a. a majority of the councils of the local area municipalities have passed resolutions consenting to the by-law; and b. the total number of electors in the local municipalities that have passed resolutions form a majority of all electors in the region of Niagara as established in the revised list of electors for the municipal election held in the year ALITY OF NIAGARA AGENDA ITEM Passed: January 19, 2017 Ralph Walton, Regional Clerk Legal and Clerks Services, Office of the City Clerk Re: Doub... Page 5 of 5