The Washington Post’s slogan is “Democracy Dies in Darkness.” Democracy also dies in Ontario thanks to Premier Doug Ford’s “Strong Mayor Powers” legislation.
The Ford government has granted Strong Mayor Powers to 46 municipalities since September 2022, when the powers were first granted to Toronto and Ottawa. In December 2022, Bill 39 was passed, clearing the way for the powers to be extended to other Ontario municipalities, if they agreed to accept the government’s housing pledge, to help the Province build 1.5 million homes by 2031.
This elimination of the concept of majority rule, the very essence of the principle of democracy, where a Mayor can override a majority of his or her council, was immediately met with alarm by all opposition parties, many former and current mayors and municipal councillors and MPPs, journalists, political scientists, academics and members of the public. All this opposition was ignored by the Ford government, and the Strong Mayor Powers were offered to 50 municipalities through amendments to the Municipal Act in March of 2023.
Four cities at the outset refused to accept the powers (Newmarket, New Tecumseth, Norfolk County and Haldimand County), stating they were undemocratic and that the housing pledge would be impossible for them to meet, that they simply didn’t have enough available land to meet the targets, with most saying they didn’t want the powers regardless. 31 of the 46 municipalities are not using the powers other than for passing bylaws and/or advancing budget processes and council decisions (not to sway decisions). 27 of them have gone further, and have since rejected the powers and delegated some or all powers back to Council. Only 15 of the 50 municipalities offered the powers are using them, and, shamefully, Burlington is one of those 15. Burlington is the only municipality which has cited privacy reasons for not revealing one of the strong mayoral decisions.
City of Burlington Council Motion Asking for Return of Strong Mayor Powers
On March 19, 2024, a majority of Burlington City councillors supported a Motion Memorandum brought by three of them, entitled “Improving Local Democracy by Strengthening City Decision-Making (ADM-05-24)[1]. The Motion stated in part:
“That Council request the Mayor to delegate to Council the powers and duties assigned to the head of council under Section 284.5 of the Municipal Act, with respect to the City Manager; and
That Council request the Mayor to delegate to the City Manager the powers and duties assigned to the head of council under Section 284.6 of the Municipal Act, with respect to:
a) determining the organizational structure of the municipality; and
b) hiring, dismissing, or exercising any other prescribed employment powers with respect to any division or the head of any other part of the organizational structure;
That Council request the Mayor to delegate to Council the powers and duties assigned to the head of council under Section 284.7 of the Municipal Act, with respect to prescribed local boards or local boards within a prescribed class of local boards; and
That Council request the Mayor to delegate to Council the powers and duties assigned to the head of council under Section 284.8 of the Municipal Act, with respect to prescribed committees or committees within a prescribed class of committees;”
The councillors noted that they were bringing this Motion forward at this time “because numerous municipalities have already delegated many of these powers. Specifically, the delegation of the same powers that the co-movers are requesting be delegated has evidently already occurred in Aurora, Chatham-Kent, Guelph, Innisfil, Kingston, Oshawa, Richmond Hill, Sault Ste. Mari, Stouffville and Kitchener.
Despite 71 letters from Burlington residents in support of this Motion, despite the presentation of a petition[2] with almost 700 signatures (and counting) asking the same, and despite all delegations both written and in person from two separate council meetings in support, the Mayor, after delaying her response for several weeks, refused to return the powers to council as requested, and in fact kept the most damaging power: the ability for the Mayor alone to hire and fire the City Manager/CAO and senior staff.
Burlington Council Members Speak Out
Ward 3 Councillor Rory Nisan published an article in the Hamilton Spectator on April 3,[3] and noted: “The power to approve budgets and bylaws without majority support on council is an abrogation of the core democratic principle of majority rule. Frustratingly, those powers cannot be delegated, according to the legislation. What can be delegated to all of council is the power to hire and fire senior staff, including the city manager. Do not sleep on this one, especially when combined with the budget and bylaw power.
Whether used or sheathed, the mere presence of this weapon can wreak havoc on a municipal administration like Burlington’s. It not only undermines local democratic institutions, but potentially also creates a municipal administration rife with the opportunity for dysfunction as staff may be in constant fear of the strong mayor and being “next.” They risk being defunded or defenestrated if they don’t say yes to the strong mayor’s every whim. And once this path is beaten, it is much harder to regrow the grass. Staff may look to other municipalities for work to get out from under a strong mayor, or not bother submitting their resumes to a strong mayor’s city hall when there is an opening.”
It is notable that there has been a very large number of city staff leaving Burlington City Hall and it is believed that some of these departures specifically triggered this Motion by Burlington City councillors. One of those ex-staff members signed the petition asking for the powers to be returned to council.
Ward 2 Councillor Lisa Kearns wrote a strongly-worded article on her website in response to the Mayor’s written remarks on her refusal to return all powers as requested.[4] Councillor Kearns responds directly to the Mayor’s posts and interviews on the matter, and is worth reading in its entirety. Councillor Kearns says, in part:
“It is true, Council did unanimously accept a petition with 633 signatures and growing, 71+ correspondence supporting the petition and heard three delegations in support of the petition “Restoration of Democracy at Burlington City Council.” BUT … despite that, the mayor doubled down on her ‘rationale’ for retaining arguably the most crushing power – full decision-making regarding the City Manager/CAO stays with the Mayor. That means the highest corporate position in the City can be hired or fired by the highest elected position. Power is centralized in the city between two positions – shedding the governance board (Council by majority vote), through to the corporate lead (City Manager/CAO), and then duly through to Staff.
A new and concerning element has been introduced via Strong Mayor Legislation – influence. The introduction of an invisible threat is confusing to staff and harmful to elected officials. Strong Mayor powers create an element of influence which democracy should be free of.
After council yesterday, all that the community, majority of council, delegates, engaged citizens and perhaps the media are left with is more peddling of weak rationale and a strong signal that any strong mayor that cannot listen continues to be a danger to our democracy. Hiding behind compliance with terrible provincial legislation does not dismiss the informed voice of the community. Posting decisions after they are made is not transparency. Telling those who challenge that they “might not understand it yet” is not accountability. And, holding a minority position on a critical matter is not democracy.”
The Fallacy that Strong Mayor Powers = Building Affordable Homes
The rationale given by Premier Ford and the Mayors who are using the Strong Mayor Powers, that they are needed in order to build affordable housing, simply doesn’t stand up to even the slightest scrutiny. As stated in an article titled “Strong Mayor Powers in Ontario are a Gross Violation of Democratic Principles” dated December 16, 2022 in “Policy Options,” the digital magazine of the Institute for Research on Public Policy, authors Zack Taylor and Martin Horak outlined the myriad complex reasons why we are in a housing crisis, as well as their thoughts on what these strong mayor powers are really about: the answer ISN’T to build affordable housing.
They say, in part: “The foundation of Canada’s political system – and of all other democracies – is majority rule.
Bill 39 entrenches a new principle: minority rule. In doing so, it rolls back almost 400 years of democratic development premised on checks and balances between executive and legislative authority – all in the name of a narrow property development agenda masquerading as a housing affordability plan.
The evidence shows that housing unaffordability has many causes. A decade of ultra-low interest rates – coupled with more exotic mortgage products and the financialization of housing assets at a time of widening income inequality – has bid up the cost of housing. This has encouraged speculative housing investment and inflated the net worth of existing property owners, while at the same time putting the bottom rung of the ownership housing ladder – and even renting – beyond the reach of low- and middle-income earners.
At the same time, governments have been deeply reluctant to invest in social housing and increase affordable housing supports, as well as to protect existing affordable rental stock. While new purpose-built rental construction has increased, its profitability hinges on its catering to the high end of the market. Statistics Canada, the CMHC, and BuildForce Canada have highlighted shortages of qualified skilled labour and materials to build new housing and related infrastructure as a key constraint on new development. These powerful factors are beyond the control of local governments and their mayors.
While local planning and zoning are a part of the puzzle, the notion that broad, systemic constraints will be overcome by allowing big-city mayors to overrule majorities of democratically elected councillors is a fallacy.
What then are these “strong mayor” powers in Bill 3 and Bill 39 really about?
We conclude that, under the guise of empowering mayors, the provincial government is deliberately blurring accountability for the housing agenda to avoid paying the political cost for disrupting established neighbourhoods. To avoid such a backlash [as occurred in the UK], the Ontario government appears to be transferring political responsibility for the housing crisis to big-city mayors. If affordable housing does not materialize in strong-mayor cities, the province can blame the mayors.”
This Bill sets a terrible precedent that will reverberate across Canada and around the world. Arguing that minority rule will be rarely used, that it can be used only in specific circumstances, or that it is required to address an immediate crisis, is a red herring. Bill 39 will erode local autonomy and normalize minority rule as a legitimate governing principle. Minority rule has no place in a democracy.”
In a July 5, 2023 letter to the editor published in Metroland’s Durham edition, former longtime mayor of Ajax Steve Parish called the strong mayor powers a “meaningless publicity stunt” and referenced the fallacy of their supposed purpose, the danger of a mayor having sole authority over the CAO, and the cost of losing our democratic principles.
“The stated purpose of granting these powers is to expedite the provision of housing and presumably to cut red tape. There is absolutely no evidence that this will happen. Supplying housing stock is much too multifaceted to be solved in such a simplistic manner. And the granting of these powers might create divisions on council that could slow progress on this file.
Granting the mayor sole authority to appoint the municipality’s chief administrative officer is particularly troubling. Arguably, there is nothing more important to the success of a city than the professional competency of its chief administrative officer and management team. What is to stop a strong mayor from appointing a political crony who lacks those skills? The input of professional HR staff and a majority of council is essential in doing this right.
And what about that minor detail called democracy? Local government has always been where government is close and subject to popular will. Not anymore, when one third of council can call the shots. And what if you have an autocratic or incompetent mayor? No check on that risk. Mayors are truly strong because they have good judgment, leadership skills and the ability to build and keep consensus and unity on council. This gets results on all fronts. And sadly, it cannot be created by legislation. It requires what all democratic institutions need – an engaged and informed electorate.”
The Numbers Don’t Add Up
The Provincial housing targets have a time frame: the homes must be built between 2023 – 2031: nine full years. For Burlington, 29,000 units are to be built during this time. So, we are 1.5 years into a 9-year program. As a percentage, 16% of the time has passed. In Burlington, according to the City’s own data presented at a recent Pipeline to Permit meeting, foundation starts are at 1,702 of the 29,000 unit target, which works out to 5.87% of the housing units.
16% of the available time has passed and 5.87% of the housing units have been started. As time moves on, the goal becomes more and more difficult to meet. Are there enough construction companies and skilled trades to build all these remaining units in the remaining time? Do we have the available land?
Strong Mayor Powers were supposedly granted to get housing starts going. In Burlington, we lost our democratic rights, and housing starts are not on track to meet the target. Many other municipalities turned down strong mayor powers knowing that, like Burlington, not enough land was available for housing. And as noted above, granting undemocratic Strong Mayor Powers doesn’t actually have anything to do with building houses anyway.
Conclusion
To whom does a strong mayor pledge allegiance: the electorate or the Province? We vote for city councillors to represent us. Our city councillors have now lost their power to do so. One person holds all the power over both the legislative side and the executive side. We have, therefore, lost our representatives and lost our own voices, and all this for supposed reasons which simply don’t meet reality.
Strong mayor powers have no place in a democracy. They should be repealed. And until they are, all mayors should refuse them.
[1]Motion Memorandum “Improving Local Democracy by Strengthening City Decision-Making, March 19, 2024: https://burlingtonpublishing.escribemeetings.com/filestream.ashx?DocumentId=77013
[2] Petition, “Restoration of Democracy at Burlington City Council. https://www.change.org/p/restoration-of-democracy-at-burlington-city-council
[3] “Strong Mayors, Weakened Democracy”, by Rory Nisan, Hamilton Spectator, April 3, 2024. https://www.thespec.com/opinion/contributors/strong-mayors-weakened-democracy/article_4f80ad00-f4f2-5850-b7bd-ab255703acdf.html
[4] “Burlington Mayor Keeps Strong Mayor Powers: Despite Petition Related to Democracy”, Lisa Kearns, April 17, 2024. https://www.lisakearnsward2.com/blog/smp