Council will have its wings clipped - becomes a lame duck council

By Gazette Staff

June 6th, 2026

BURLINGTON, ON

A report going to Council on Monday provides information regarding the restricted acts provisions contained in the Municipal Act, 2001 and introduces a proposed by-law to temporarily provide the Corporation of the City of Burlington with the ability to conduct certain business in the event of the Council being restricted in authority pursuant to these provisions.

Section 275 of the Municipal Act prevents municipal Councils from undertaking certain acts after Nomination Day in a municipal election year (August 21 at 2pm for the 2026 municipal election) and prior to a new Council taking office.

This legislative restriction is referred to as “restricted acts” or more commonly referred to as the “lame duck” provision. Council is restricted from taking certain actions during a restricted acts provision until the new term of Council begins on November 15, 2026, if it can be determined with certainty that the new Council will include less than three-quarters of the outgoing Council Members (i.e. less than six (6) or 75% of City of Burlington Council
members).

There are two periods in which lame duck may come into play. Burlington City Council can attain this certainty either beginning after Nomination Day (August 21) if less than six (6) current members are eligible to be re-elected, or after Voting Day (October 26) if less than 6 incumbents are re-elected to the next term of Council. Should either scenario occur, Council would be subject to restricted acts, and limited authorities if the restricted acts provision
applies after either of these dates, including:

a) appointing or removing from office of any officer of the City;
b) the hiring or dismissal of any employee;
c) disposing of any real or personal property of the municipality which has a value
exceeding $50,000 at the time of disposal; and
d) making any expenditures or incurring any other liability which exceeds $50,000.

Clauses c) and d) do not apply if the exceeding disposition or liability was included in the most recent budget adopted by Council prior to Nomination Day. Section 275(6) provides that nothing within this section prevents exercising an authority of a municipality that is delegated to the person or body prior to nomination day for the election of the new council.

Should Council approve the draft by-law, it may protect against potential gaps during lame duck by temporarily delegating additional authority to the CAO beyond what is already delegated by Council. This delegation would come into effect only if the lame duck provisions apply to this Council.

Analysis
Restricted Acts and Strong Mayor Powers
The Strong Mayor Power regime came into place following the last election, making this the first election where the question of whether a Mayor, who has additional authority provided under Part VI.1 of the Municipal Act, 2001, is subject to the Lame Duck provisions. While the legislation is silent, Municipal Affairs staff have confirmed that Strong Mayors are subject to the lame duck provisions*.

*The Government has proposed legislation that, if passed, would subject Strong Mayors to lame duck provisions.

Authority already delegated to staff
A review was completed to determine the current delegated authorities provided to staff established through existing by-laws. Council’s existing delegations under the CAO’s By-law 132-1991 and the actions authorized by the Delegated Authority Bylaw 071-2023 are not impacted by these restrictions.

In particular, Schedule F, subsection 13 of the Delegated Authority By-law 071-2023 authorizes the CAO to approve transactions and execute agreements, offers and other documents in connection to disposition of land or any interest in land (except for a leasehold interest) for up to $500,000.

Application of the Bylaw
The CAO would only exercise this temporary delegated authority when it is in the best interest of the City of Burlington and would be required to report to Council in the first quarter of 2027
regarding the use of this delegated authority.

The proposed temporary delegated authority gives the CAO authority to, when determined necessary for the best interests of the City:

c) make an expenditure or incur any liability of any value, and
d) dispose of any real or personal property of the City of any value.

Curt Benson, CAO

CFO Craig Millar

It is understood before using the delegated powers, the CAO will consult with either the Chief Financial Officer for expenditures over preexisting delegated amounts, or with the Commissioner of Legal and Legislative Services should a reality or property matter arise. The temporary by-law has a provision to render the by-law null and void upon the commencement of the inaugural meeting of the new Council.

Recommendation Details
It is common in municipalities around Ontario for Councils to delegate authority to the CAO just before entering or possibly entering the period where they are subjected to the lame duck provisions of the Municipal Act, 2001. Though the delegated powers are rarely required, delegating this authority would allow for business continuity, particularly in an emergency situation.

If Council chose to not provide this delegated authority, decisions related to the lame duck provisions identified in the Municipal Act, 2001 would be reserved for the new term of Council.

Given the squabbling that has surrounded the use of Strong Mayor Powers by this Council, debate could be vigorous.