Provincial priorities and regulatory flexibility
Some of the strong mayor powers can be used only with respect to provincial priorities that are identified in Ontario Regulation 580/22. Currently, those priorities include the following:
Housing: Construction of 1.5 million new homes by Dec. 31, 2031.
Infrastructure: Developing and maintaining infrastructure critical to support housing, including transit, roads, utilities and servicing.
Infrastructure: Developing and maintaining infrastructure critical to support housing, including transit, roads, utilities and servicing.
However, these priorities can evolve with regulatory amendments, potentially broadening expectations on strong mayors. Municipalities should closely monitor regulatory changes.
Understanding strong mayor powers
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1. Organizational management
Strong mayors have the authority to appoint their municipality’s chief administrative officer (CAO). They may also restructure municipal departments and hire or dismiss senior division heads. However, this authority does not extend to statutory positions, including:
- The clerk or deputy clerk.
- A treasurer or deputy treasurer.
- An integrity commissioner.
- An ombudsman.
- An auditor general.
- A registrar, as described in section 223.11 of the Municipal Act, 2001.
- A chief building official, as defined in the Building Code Act, 1992.
- A chief of police, as defined in the Police Services Act.
- A fire chief, as defined in the Fire Protection and Prevention Act, 1997.
- A medical officer of health, as defined in the Health Protection and Promotion Act.
- Other officers or heads of divisions required to be appointed under the Municipal Act, 2001, the City of Toronto Act, 2006 or any other act.
2. Committee and board oversight
Strong mayors possess the authority to form or dissolve committees, appoint chairs and vice-chairs, and assign responsibilities.
3. Matters for council consideration
Strong mayors may bring a matter forward for council consideration if they believe that considering the matter could potentially advance a prescribed provincial priority. When doing so, consideration should be given to public notice and consultation.
4. Propose bylaws
Strong mayors may propose a municipal bylaw if they believe that it could potentially advance a prescribed provincial priority.
If a bylaw is proposed, the strong mayor must provide the clerk and all councillors with a copy of the bylaw and the reasons for it. Strong mayors may require their council to vote on the proposed bylaw, regardless of local procedural rules. Importantly, the bylaw passes if more than one-third of councillors vote in favour, which may include the mayor’s vote.
Strong mayors may propose bylaws only under:
- The Municipal Act, 2001 except as related to Sections 238 (Procedure By-law), 263 (Filling Vacancies), 289 (Upper-Tier Budgets) and 290 (Lower-Tier Budgets) of that Act;
- The City of Toronto Act, 2006;
- The Planning Act; and
- Section 2 of the Development Charges Act.
5. Enhanced legislative powers
A strong mayor may veto a bylaw if they believe it could interfere with a prescribed provincial priority. However, those powers are limited to bylaws under the same acts noted above.
If a strong mayor intends to consider vetoing a bylaw, they must notify council in writing within two days of the council’s approval of the bylaw. Should the strong mayor decide to veto the bylaw, they must submit a written veto, including reasons, to the clerk within 14 days of the vote. The clerk must then provide this document to all council members by the next business day and make it publicly available.
However, council may override the veto within 21 days after the clerk provides the written veto document. Two-thirds of council members must vote in favour of overriding the veto.
6. Staff direction
Strong mayors may directly instruct municipal staff to conduct research, provide policy advice and implement council decisions.
7. Delegating powers
Strong mayors may delegate some but not all strong mayor powers to council, such as appointing a chief administrative officer, and creating, assigning functions and appointing chairs of committees of council.
Similarly, strong mayors may delegate some but not all strong mayor powers to either council or the chief administrative officer, such as hiring certain municipal divisions heads and changing the organizational structure of a municipality.
Lessons from the American context
Ontario’s strong mayor powers draw inspiration from the American strong mayor model, as seen in cities like Chicago, New York and San Francisco. However, the U.S. experience reveals notable shortcomings, such as heightened corporate influence and diminished independence for department heads. In recent years, many U.S. cities have shifted away from the strong mayor system. While 56 per cent of American municipalities operated under the model in 1994, that number declined to just 44 per cent by 2008.
Despite the U.S. influence, a key distinction remains: American local governance is grounded in the principle of “home rule,” which grants municipalities broad autonomy. By contrast, in Ontario, the province retains constitutional supremacy, and it can override local official plans, amend zoning bylaws or impose policy objectives unilaterally.
Ontario’s legislative innovations also go further than any U.S. precedent. No American city permits mayors to pass bylaws without the support of a council majority — a feature that could be seen as fundamentally undemocratic. Moreover, Ontario’s strong mayor reforms reflect a top-down approach: powers are delegated to mayors not in response to local demand, but to achieve provincial priorities. No American mayor answers to a state governor in the same way Ontario’s mayors are now aligned with Queen’s Park.
In this sense, Ontario’s strong mayor powers do not represent a replication of the American model but a novel experiment in centralized local governance, which is without clear precedent in North America.
Implications and considerations for Ontario municipalities
The introduction of strong mayor powers presents multiple governance, administrative and legal implications.
1. Governance risks
Overextension into administrative functions risks blurring lines between governance and management, increasing exposure to liability for elected officials.
2. Council relationships
Misuse or perceived overreach of strong mayor powers can strain council relationships and erode public trust, potentially creating perceptions of autocratic governance.
3. Legal exposure
Potential liabilities exist around employment decisions, procurement processes and administrative actions taken beyond statutory authority.
Revising chief administration officer contracts
Strong mayor powers may necessitate adjustments in employment agreements with chief administrative officers/city managers and other positions:
- Reporting structures: Update reporting from “council” to “mayor or delegate,” including duty of loyalty, if expected.
- Termination authority: Clearly specifying strong mayoral hiring and dismissal powers within contracts.
- Performance metrics: Aligning performance evaluations with strategic priorities set by strong mayors.
- Legal clarity: Explicitly referencing strong mayor powers provisions within employment agreements to ensure clarity and reduce ambiguity.
Early Ontario experiences: Caution and collaboration
Some Ontario municipalities exercised their strong mayor powers during the first phase of the provincial rollout in 2022-2023. Their experience may be instructive for strong mayors considering their newly expanded authority.
Mayor Andrea Horwath of Hamilton utilized her strong mayor powers to advance housing initiatives amid council deadlock, illustrating decisive executive power. In one example, the approved motion resulted in 67 affordable housing units being approved. Nevertheless, Mayor Horwath did not escape criticism for using these powers, with one councillor alleging that she circumvented the democratic process.
Mayor Lynn Dollin of Innisfil demonstrated a collaborative approach, delegating her strong mayor powers to council and senior administrators to foster municipal cohesion. Similarly, Mayor Kevin Davis of Brantford delegated some of his powers to the city’s CAO, including the authority to establish committees, appoint chairs and collectively assign functions to committees.
These early examples reveal that strong mayor powers can be exercised across a spectrum — from assertive leadership in the face of gridlock to collaborative delegation that preserves internal balance. Ultimately, the effectiveness of these powers will depend not just on the legal authority they confer but on how wisely, transparently and strategically they are used by strong mayors.
Recommended next steps for municipal leaders
Strong mayors are encouraged to take a strategic approach, leveraging these powers to set policy direction while delegating operational tasks to professional administrative staff. To do so effectively, municipalities should consider the following actionable strategies:
1. Update procedural bylaws: Clearly document processes around veto powers, bylaw introductions and override mechanisms, taking advantage of opportunities to condense timelines where permissible.
2. Codify delegation protocols: Develop clear guidelines for delegating powers from strong mayors to senior administrative leaders.
3. Invest in training: Regular educational sessions and discussions between strong mayors, councillors and senior administrative staff will help ensure clarity and proper execution of responsibilities.
2. Codify delegation protocols: Develop clear guidelines for delegating powers from strong mayors to senior administrative leaders.
3. Invest in training: Regular educational sessions and discussions between strong mayors, councillors and senior administrative staff will help ensure clarity and proper execution of responsibilities.
Conclusion: Balancing power and responsibility
Ontario’s introduction of strong mayor powers marks a pivotal shift in municipal governance, offering powerful tools to address urgent provincial priorities. However, the effective use of these powers requires careful balancing of strategic leadership, clear governance practices and robust administrative delegation to ensure municipal stability and reduce bureaucratic delay.
Municipal leaders who thoughtfully navigate the strong mayor reforms, drawing from both Ontario experiences and lessons learned by American municipalities, will be best positioned to leverage these powers effectively, fostering stronger governance and community confidence.
Bardia Tabatabaei is a summer law student in the Lerners Toronto office. Jason W. Reynar practices municipal, public, development and litigation as a partner at Lerners LLP (Toronto). Reynar is also a former CAO, town solicitor and municipal clerk.
The opinions expressed are those of the author(s) and do not necessarily reflect the views of the author’s firm, its clients, Law360 Canada, LexisNexis Canada or any of its or their respective affiliates. This article is for general information purposes and is not intended to be and should not be taken as legal advice.
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