Owen Sound: A Four-Year City Business Plan

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Appendices

Appendix CMunicipal Powers: What Owen Sound Can Do Now

11,241 words · Mike Seiler · Owen Sound, Ontario

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In this chapter

A practical inventory of municipal authority before asking another government for more

Appendix A answers:

What is the constitutional structure?

Appendix B answers:

Who does what?

Appendix C asks the next question:

What can Owen Sound actually do now?

That question matters because municipal governments can fall into two opposite errors.

The first is:

We are only a municipality. We need Ontario's permission for everything.

That is wrong.

The second is:

We are a government. We can do anything local.

That is also wrong.

Ontario's Municipal Act, 2001 recognizes municipalities as responsible and accountable governments and provides broad municipal powers, including natural-person powers, broad by-law authority and numerous specific powers. Owen Sound is a lower-tier municipality within Grey County, so those powers must also be read alongside the statutory division of responsibility between lower-tier and upper-tier municipalities.

The operating principle should therefore be:

Use every lawful local power we already have before asking another government for more.

And when more authority really is required:

Ask Ontario precisely.

This appendix is not a legal opinion.

It is a municipal operating guide.

Every material exercise of power should still be checked against:

C.1The Basic Municipal Power Rule

Owen Sound should begin every initiative by asking:

Can we already do this?

Before:

check existing municipal authority.

C.2The Second Question

If the City has authority:

Ask:

Does Owen Sound itself have it, or has the power been allocated to Grey County?

C.3Owen Sound Is Lower-Tier

Owen Sound is part of the upper-tier County of Grey and operates as a lower-tier municipality in Ontario's two-tier municipal structure.

That distinction matters.

C.4"City" Does Not Mean Single-Tier

The word:

City

in the municipal name does not itself determine whether a municipality is:

Ontario expressly distinguishes municipal status from naming conventions.

C.5Power Comes From More Than One Act

The Municipal Act is central.

But important Owen Sound powers also come through legislation dealing with:

Ontario's own municipal guidance notes that municipal authority is found in the Municipal Act and many other provincial statutes.

C.6General Power Versus Specific Power

A useful distinction:

General Power

Broad municipal authority under the Municipal Act.

Specific Power

Authority given through:

C.7Specific Rules Still Matter

A broad power does not allow the City to ignore:

contained in more specific legislation.

C.8Broad Interpretation

Ontario's municipal framework is intended to provide municipalities with meaningful flexibility to govern local matters rather than requiring an express statutory sentence for every ordinary municipal action. The Province's municipal guidance describes the Municipal Act as providing municipalities flexibility to respond to local circumstances.

C.9Broad Does Not Mean Unlimited

Every power remains constrained by:

C.10Council Normally Acts by By-Law

The Municipal Act states that municipal powers, including natural-person powers, are generally exercised by by-law unless specific authority provides otherwise.

C.11By-Law Is Not Ceremony

A by-law is the legal instrument through which Council commonly exercises municipal authority.

C.12Resolution

A resolution may be appropriate where:

permits or requires it.

C.13Staff Direction Is Different

Operational administration does not require Council to pass a new by-law for:

where authority has already been lawfully delegated.

C.14Natural-Person Powers

Section 9 of the Municipal Act gives municipalities the capacity, rights, powers and privileges of a natural person for the purpose of exercising municipal authority.

C.15Plain-Language Meaning

Subject to law, the City can perform many ordinary legal acts that an organization needs to function.

For example:

C.16Natural Person Is Not Constitutional Person

Natural-person powers do not make the City:

C.17Purpose Limitation

The power exists:

for the purpose of exercising municipal authority.

It is not a licence for municipal government to enter any private venture imaginable.

C.18Financial Restrictions

The Municipal Act expressly prevents the broad general powers in sections 9, 10 and 11 from being treated as authority to simply invent municipal powers to:

outside the specific statutory framework governing those subjects.

C.19This Distinction Matters

The City may have general power to:

But borrowing money follows:

C.20Same With Taxes

The City cannot say:

Natural-person powers allow us to create a new tax.

They do not.

C.21Same With Grants

Municipal grants rely on:

including section 107 and other applicable legislation.

C.22Service Power

Municipal legislation gives broad authority for municipal services and local government functions, subject to the two-tier allocation and statutory restrictions.

C.23The Practical Service Question

Before creating a service:

Could Owen Sound lawfully provide this service itself?

C.24Then Ask

Has Ontario allocated the function exclusively to Grey County or another institution?

C.25Then Ask

Is another provider already doing it well?

Authority does not automatically create:

C.26Authority Is Permission, Not Obligation

Just because Owen Sound:

does not mean Owen Sound:

C.27Public-Value Test

Every discretionary municipal power should still pass:

tests.

C.28Local Powers Are Often Stronger Than They Appear

Within its lawful area, a municipality can often directly change:

C.29Use Power Before Advocacy

If City Hall can fix the problem itself:

Fix it.

Do not first write:

C.30Advocacy Is for the Remaining Gap

Once local authority is exhausted:

Identify the gap.

Then ask another government.

C.31Municipal Boundaries

Municipal by-laws and resolutions generally apply within the municipality unless legislation provides otherwise.

C.32Owen Sound Cannot Govern Georgian Bluffs

Simply because a policy might make regional sense.

C.33Regional Cooperation

The City can use:

where law allows.

C.34Cross-Boundary Service

Ontario law provides mechanisms allowing municipalities in certain circumstances to provide services outside their own boundaries, including through agreements and provincial programs.

C.35Cooperation Is Not Annexation

Providing a shared service does not mean:

C.36Municipal Monopolies

The Municipal Act states that a municipality cannot confer on a person an exclusive right to carry on a business, trade or occupation unless specifically authorized by legislation.

C.37This Is an Important RealMap Safeguard

A City relationship with:

must not casually become:

the only private platform through which lawful private business may operate.

C.38Public Standard Before Private Monopoly

If the City needs:

define the public requirement first.

C.39Vendor Can Compete

No founder-associated platform should obtain exclusivity merely because:

C.40Municipal Property

The City has substantial capacity to:

municipal property within its lawful authority.

Natural-person powers support ordinary property transactions, while statutory policies and special rules govern matters such as land disposition.

C.41Land Is a Public Asset

Municipal property should not be treated as:

C.42Before Selling Land

Ask:

Why is the City holding it?

Is it needed for infrastructure?

Housing?

Parks?

Access?

Future servicing?

Strategic resilience?

Could lease be better?

What is fair market value?

Is a lawful public-purpose exception proposed?

C.43Land Disposal Policy

Ontario requires municipalities to maintain a policy respecting sale and other disposition of land.

C.44Policy Before Favourite Buyer

No private buyer should receive:

because of political relationship.

C.45Market Value

Where the City proposes below-market disposition:

Require:

C.46Public Land Subsidy

If the City transfers $1 million land for $1:

The public contribution is not:

$1.

The subsidy must be understood.

C.47Municipal Land for Housing

Can be powerful.

But the business case should show:

C.48Lease Instead of Sale

A lease may preserve:

Consider.

C.49Sale May Be Better Sometimes

Do not assume:

is always best.

C.50Property Acquisition

The City may acquire property where lawful municipal purpose justifies it.

C.51Strategic Acquisition

Could include land for:

C.52Speculative Land Banking

Requires caution.

Government should not become:

without clear municipal purpose.

C.53Expropriation

Municipal authority to acquire land under the Municipal Act includes the ability to expropriate in accordance with the Expropriations Act. Expropriation is therefore a statutory power governed by a specific legal process, not an ordinary purchase.

C.54Expropriation Is High Threshold

Use for:

not convenience.

C.55Negotiate First

Where reasonable.

C.56Property Rights and Fairness

Even where compulsory acquisition is lawful:

Use:

C.57No Threat Theatre

Do not threaten expropriation merely to:

C.58Public Roads

Municipal powers over local highways and related municipal infrastructure are significant, subject to the statutory allocation between municipal tiers and specific Ontario highway law.

C.59City Road Power

Where Owen Sound owns the road, it has meaningful ability to manage:

subject to other applicable law.

C.60One Street, One Plan

The City does not need Ontario approval for every routine:

decision on a City asset.

C.61But Check Specific Law

Examples:

C.62Parking

Municipal parking is a real local regulatory and asset-management power.

C.63Parking Policy

Council can decide within authority:

C.64Parking Is Not Free Space

A municipal parking space has:

cost.

C.65Signs

The Municipal Act contains specific powers relating to signs and advertising devices in addition to general municipal powers.

C.66Sign Power Is Not Unlimited

Charter expression remains relevant.

C.67Real-Estate Sign Transition

The City therefore has a potential municipal regulatory pathway.

But each proposed restriction still requires:

C.68Fences and Structures

Municipal powers can also address:

within statutory limits.

C.69Public Utilities

Municipal legislation includes specific powers relating to municipal public utilities and systems, including water and sewage functions.

C.70Water

Owen Sound can operate:

within Ontario's regulatory framework.

C.71Wastewater

Same.

C.72Municipal Utility Power Is Not Regulatory Supremacy

Ontario still sets important:

C.73Utility Investment

The City can make local capital decisions.

It should use:

analysis.

C.74Water Capacity

Housing policy should be grounded in:

C.75Sewage Capacity

Same.

C.76No Zoning Without Servicing Reality

A zoning permission is not:

C.77Parks and Recreation

Ontario's municipal framework provides substantial authority relating to:

subject to statutory allocation and other legislation.

C.78Owen Sound Outside

The City can therefore use existing municipal authority for many parts of:

C.79It Does Not Need a Provincial Law to Hold a Beginner Paddle Event

Assuming:

requirements are satisfied.

C.80Equipment Lending

Could be:

program.

Choose the best model.

C.81Recreation Partnerships

The City's authority to provide service does not mean it should duplicate:

C.82Partnership Before Program

Always.

C.83Heritage

Municipal heritage authority also depends on:

Do not assume Municipal Act general powers are enough.

C.84Culture

The City can support:

within lawful neutral public-purpose standards.

C.85Viewpoint Neutrality

Public programming should not become:

C.86Business Licensing

Ontario law provides local municipalities substantial business-licensing authority, including licensing, regulating and governing businesses carried on wholly or partly within the municipality, subject to statutory exceptions and conditions.

C.87Licensing Is Regulation

Not:

C.88Licensing Purpose

A business licence should have identifiable:

C.89Red-Tape Review

Every licensing requirement should periodically answer:

What harm does this requirement prevent?

C.90No Public Purpose

Review for:

C.91Safety Purpose

Keep where:

C.92Licensing Cannot Replace Provincial Licence

A City licence does not make someone:

C.93One Licence Myth

The Start-Up Desk should not promise:

one City licence replaces every regulatory approval.

C.94Start-Up Desk Power

The City already has authority to:

No provincial permission is required to make City Hall:

C.95Before You Sign

The City can create:

without guaranteeing approval.

C.96Early No

The City can improve:

within existing authority.

C.97Ten-Day Service Standard

A municipal internal service standard can be created where lawful.

But it must distinguish:

C.98Economic Development

Municipalities have meaningful authority in local economic development, but that power comes with important anti-bonusing restrictions. Ontario's municipal guidance recognizes broad economic-development authority, while section 106 prohibits municipalities from granting bonuses to manufacturing, industrial or commercial enterprises through specified forms of assistance.

C.99Section 106 Matters

The City cannot casually say:

We like this company, so we will give it free municipal land.

C.100Prohibited Bonus Forms

Section 106 identifies prohibited assistance such as:

where done as prohibited bonusing to commercial enterprises.

Economic-development enthusiasm is not:

C.102Community Improvement Plans

Ontario law provides specific exceptions and mechanisms, including certain Planning Act community-improvement powers, which can permit forms of assistance that would otherwise engage the bonusing prohibition.

C.103Use the Right Tool

If Council wants an incentive:

Ask:

What statutory mechanism authorizes it?

C.104No Handshake Incentive

Never.

C.105Grants

Section 107 provides a broad municipal grant power for purposes Council considers to be in the municipality's interests, but it remains expressly subject to section 106.

C.106Community Grant

A grant to:

may be lawful where public purpose and other requirements are satisfied.

C.107Commercial Grant

Needs:

C.108Grant Does Not Mean No Accountability

Require proportionate:

C.109Small Grant

Do not create:

C.110Large Grant

Require stronger controls.

C.111Grant Versus Procurement

If the City is actually buying:

use procurement.

C.112No Grant Procurement Avoidance

Do not call a contract:

to avoid competition.

C.113Grant Can Include More Than Cash

Ontario's grant provisions contemplate broad forms of assistance, subject to statutory limits.

C.114Land Grant

Particularly sensitive.

C.115Staff Services

Likewise.

C.116Loan Guarantee

Likewise.

C.117Small Business Counselling

The Municipal Act expressly authorizes municipalities to establish counselling services for small businesses and provides additional statutory tools for certain small-business programs.

C.118This Directly Supports the Start-Up Desk

Owen Sound does not need to wait for:

to help a small business understand City Hall.

C.119It Should Still Coordinate

Especially with:

C.120Business Counselling Is Not Professional Guarantee

City staff should not substitute themselves for:

C.121Municipal Capital Facilities

Section 110 allows municipalities to enter agreements for the provision of municipal capital facilities by other persons, subject to statutory and regulatory requirements. It can also authorize certain forms of assistance in connection with those facilities.

C.122This Is a Specialized Tool

Do not use it casually.

C.123Potential Uses

Depending on the current regulation and project:

C.124Capital-Facility Assistance

Any:

requires precise compliance.

Required for significant use.

C.126Municipal Service Boards

The Municipal Act authorizes municipalities to establish municipal service boards, and it also permits joint municipal service boards in cooperation with other municipalities.

C.127Service Board Is an Option

Not default.

C.128Why Create One?

Potential reasons:

C.129Why Not?

Potential costs:

C.130Board Test

Ask:

What problem does separate governance solve?

C.131No Board for Every Idea

No.

C.132Joint Board

Could support:

where participating municipalities agree and law permits.

C.133Joint Board Needs Exit Rules

Always.

C.134Municipal Services Corporation

Ontario law permits municipalities, subject to section 203 and Ontario Regulation 599/06, to establish or participate in municipal services corporations for qualifying municipal services or purposes.

C.135Corporation Is Not a Magic Escape

Creating a corporation does not automatically remove:

requirements.

C.136Municipal Services Corporation Test

Before creating one:

What problem requires corporate structure?

Why is a department insufficient?

Who owns shares?

Who appoints directors?

Who owns data?

Who bears debt?

Who bears liabilities?

How can the City exit?

C.137Public Purpose

Corporation must serve a lawful municipal purpose within the regulatory framework.

C.138map.ca Corporation

If map.ca were ever proposed as municipal infrastructure:

Do not jump directly to:

municipal corporation.

First establish:

C.139Corporation Is Later Gate

Not first gate.

C.140Business Improvement Area

The Municipal Act allows a local municipality to designate a Business Improvement Area and establish a board of management through the statutory process.

C.141BIA Is Not Mayor's Business Club

It has:

C.142Downtown Partnership

The City can work with a BIA.

But should distinguish:

C.143No Forced Policy Outsourcing

Council remains accountable for:

C.144Fees and Charges

Municipalities have statutory authority to impose fees and charges in appropriate circumstances, but that authority is subject to the Municipal Act and regulations, including specific restrictions.

C.145Fee Is Not Automatically Tax

But changing the label does not allow Council to:

C.146Service Fee

May be appropriate where:

C.147Full Cost Recovery

May be appropriate.

C.148Partial Cost Recovery

May be a policy choice.

C.149No Fee

May be a policy choice.

C.150But Show Subsidy

If service costs:

and user pays:

the public subsidy is approximately:

before other funding.

C.151Building Fees

Building fees operate under the separate Building Code Act framework and should not be casually mixed with Municipal Act fees. Ontario guidance notes that building-permit fees may generally be established to cover building-department service costs.

C.152Planning Fees

Planning-application fees likewise require the appropriate Planning Act authority rather than assuming section 391 alone covers them. Ontario Regulation 584/06 specifically limits use of Municipal Act fee powers for Planning Act applications.

C.153Right Statute

Always.

C.154Taxation

Property taxation is governed through detailed statutory rules in the Municipal Act and related Ontario legislation. It is not a general natural-person power.

C.155Tax Requirement

Council can determine its lawful municipal tax requirement through:

C.156Tax Classes and Ratios

Rules can involve:

Do not promise that Owen Sound can simply invent:

C.157Transient Accommodation Tax

Ontario created a specific statutory municipal power to impose a transient accommodation tax under Part XII.1 of the Municipal Act.

C.158Why This Matters

When a specific tax exists:

Use the specific statutory authority.

C.159New Municipal Sales Tax

Do not promise without:

C.160Municipal Income Tax

Same.

C.161Penny Is Not Tax

If developed:

Keep it:

C.162Penny Is Not Currency

Already established.

C.163Development Charges

Municipalities can impose development charges through a by-law under the Development Charges Act to pay qualifying increased capital costs arising from development, subject to the detailed statutory framework.

C.164Development Charge Is Not General Revenue

Restricted statutory purpose.

C.165Development Charge Policy

Should balance:

C.166Fee Waiver

Never promise broad business fee waivers without checking:

C.167Reserve Funds

The Municipal Act contains statutory authority for reserve funds as part of the municipal finance framework.

C.168Reserve Is Not Free Money

Using reserve reduces:

C.169Reserve Purpose

Respect restrictions.

C.170Restricted Reserve

Do not use for unrelated purpose.

C.171Debt

Municipal borrowing and debt operate under specific statutory and regulatory rules rather than ordinary natural-person borrowing power.

C.172Annual Repayment Limit

Ontario's municipal debt framework uses an Annual Repayment Limit, and provincial guidance notes that municipalities generally require Ontario Land Tribunal approval to exceed the prescribed long-term debt and financial-obligation limit.

The City should not say:

Ontario lets us borrow this much, therefore we should.

C.174Stewardship Limit

Could be lower.

C.175Debt Business Case

Ask:

Asset life?

Borrowing term?

Interest?

Revenue source?

Tax impact?

Operating cost?

Risk?

Opportunity cost?

C.176Intergenerational Asset

Debt may be reasonable where:

C.177Operating Deficit

Long-term borrowing to hide ordinary recurring operating imbalance is a different issue.

C.178Debt Is Tool

Not:

by itself.

C.179Investments

Municipal investment also follows specific statutory rules.

C.180Investment Policy

Should prioritize:

C.181No Municipal Speculation

Public reserves are not:

C.182Procurement

Procurement is a major existing municipal power.

The City can decide how to purchase:

within applicable law and its procurement policies.

Ontario requires municipalities to maintain a procurement policy.

C.183Procurement Is Policy Lever

Within legal limits, the City can design procurement to support:

C.184Procurement Is Not Political Reward

No contract because:

C.185Local Vendor Gateway

The City can make municipal procurement:

C.186Quick Quote

Can be developed within:

C.187Smaller Packages

Can improve competition.

C.188No Artificial Splitting

Do not split purchases merely to avoid:

C.189Current Buy Ontario Rules

As of 2026, Ontario has prescribed municipalities as public-sector entities under the Buy Ontario Act framework, and the Municipal Buy Ontario Procurement Directive has applied to municipalities since April 13, 2026, with municipal capital-infrastructure requirements taking effect May 15, 2026.

C.190This Changes the Procurement Context

"Buy Canadian" is no longer merely:

Municipal procurement must account for the current Ontario directive and its applicable requirements.

C.191Do Not Invent Our Own Version

Owen Sound should first comply with the current:

procurement framework.

C.192Canadian Capacity Screen

Can then be integrated lawfully with:

analysis.

C.193Local Is Different From Canadian

Do not confuse:

Each may have different legal treatment.

C.194Trade Obligations

Procurement thresholds and trade rules can affect what preference is lawful.

C.195Procurement Review

Appendix L should maintain the detailed current procurement framework.

C.196Repair Before Replace

The City can adopt procurement policy requiring reasonable comparison of:

where appropriate.

C.197Repairability

Can be a bid evaluation factor where:

C.198Open Standards

Likewise.

C.199Vendor Exit

Likewise.

C.200Data Portability

Likewise.

C.201Cybersecurity

Likewise.

C.202Procurement Requirements Must Be Known Before Bids

Do not invent criteria after:

C.203Property Sale Policy

Ontario also requires policy for land disposition.

C.204Hiring Policy

Ontario requires policy respecting municipal hiring.

C.205Council-Staff Relationship Policy

Ontario requires municipalities to maintain a policy governing the relationship between council members and municipal officers and employees.

C.206Public Notice Policy

Required.

C.207Accountability and Transparency Policy

Required.

C.208Delegation Policy

Required.

C.209Tree Canopy and Natural Vegetation Policy

Also part of the statutory municipal policy framework.

C.210Existing Policy Review

The first year should not automatically create dozens of new policies.

First review:

C.211Policy Is Not Practice

A perfect PDF does not prove:

C.212Delegation

The Municipal Act provides municipalities broad authority to delegate powers and duties subject to statutory restrictions, and distinguishes administrative powers from legislative and quasi-judicial powers.

C.213Why Delegate?

To avoid Council approving:

matters.

C.214Council Should Govern

Not:

C.215Staff Should Administer

Within:

C.216Delegation Has Limits

Some powers cannot be delegated.

Some legislative powers can be delegated only within specific restrictions.

C.217Delegation Register

Maintain:

Power

Delegate

Authority

Limits

Appeal / review

Last reviewed

C.218Delegation Does Not Erase Accountability

Council remains institutionally responsible for:

C.219Administrative Independence

Staff should be allowed to administer lawful standards consistently.

C.220No Councillor Queue Jump

A councillor should not be able to:

C.221No Mayoral Permit Desk

Same.

C.222Escalation

Elected officials can raise:

They should not substitute for:

C.223Clerk

The Clerk has statutory responsibilities that should remain:

C.224Treasurer

Same.

C.225Chief Building Official

Same.

C.226Integrity Commissioner

Same.

C.227Police Leadership

Same under its separate legal framework.

C.228CAO

The Chief Administrative Officer is an organizational-management role created under municipal law, where one is appointed. Ontario municipal guidance distinguishes the CAO and management responsibilities from Council's governing role.

C.229Council Role

Council:

C.230Mayor Role

The Mayor:

C.231Mayor Is Not All-Powerful CEO

The private-company analogy has limits.

C.232City Manager Is Not Private CEO Either

The municipality is:

C.233Enforcement Powers

The Municipal Act contains significant enforcement tools, including authority related to:

subject to the Act's procedural restrictions.

C.234Enforcement Must Be Lawful

Power to inspect is not:

C.235Home Entry

Higher legal protections may apply.

C.236Search Warrant

Where required:

Use.

C.237Education First

For many municipal by-law matters:

may be appropriate before penalty.

C.238Serious Safety

May require:

C.239Equal Enforcement

No favourites.

C.240Political Critic

Same rule.

C.241Political Supporter

Same rule.

C.242Mayor Cannot Cancel Ticket for Friend

No.

C.243Administrative Penalties

Ontario legislation allows municipal administrative-penalty systems in prescribed areas and circumstances.

Use only:

C.244Fine Revenue

Should not become:

C.245Success Is Compliance

Not:

C.246Signs

Same.

C.247Parking

Same.

C.248Licensing

Same.

C.249Orders

Municipal order powers must be tied to:

C.250Remedial Action

If City performs remedial work and recovers costs:

Use the exact statutory process.

C.251No DIY Enforcement Law

Council cannot invent coercive powers simply because:

C.252Meetings

Council has municipal meeting powers and must operate through the statutory open-meeting framework except where lawful closed-session exceptions apply.

C.253Open Is Default

Closed is:

C.254Closed Meeting Is Not Secret Government Licence

Legal reason required.

C.255Confidentiality

Where law requires confidentiality:

Protect.

C.256Public Record

Where public:

Publish.

C.257Resident Engagement

Nothing in Ontario municipal law requires Owen Sound to restrict residents to:

The City can create lawful:

as decision-support tools.

C.258But Council Still Decides Where Law Says Council Decides

Strong Vote cannot rewrite:

C.259Participatory Budgeting

Can inform use of a defined discretionary fund if Council adopts lawful rules.

C.260Residents Cannot Spend Unappropriated Money Directly

Council and statutory budget authority still matter.

C.261Public Scorecard

The City already has authority to:

C.262No Ontario Permission Needed for Open Books

Subject to:

C.263Contract Register

Likewise.

C.264Asset Register

Likewise.

C.265Commitment Register

Likewise.

C.266Correction Log

Likewise.

C.267State of the City Report

Likewise.

C.268Public Data

The City can publish data it lawfully controls where:

allow.

C.269Open Data Is Policy Choice

Not all municipal data must be:

C.270Personal Data

Protect.

C.271Security Data

Protect.

C.272Indigenous Knowledge

Protect according to appropriate governance and agreements.

C.273Technology Procurement

The City already has authority to choose:

for municipal functions through lawful procurement.

C.274Canadian Hosting

Can be assessed within current procurement rules.

C.275Open Source

Can be assessed.

C.276Public Ownership

Can be assessed.

C.277Interoperability

Can be required.

C.278Exit

Can be required.

C.279No Ontario Permission Needed to Demand Data Export From Our Vendor

Assuming procurement and contract law are followed.

C.280Digital Sovereignty Is Largely a Contracting Discipline

This is why the City has more power here than it may think.

C.281Public Wi-Fi

A municipality may potentially provide or procure local connectivity-related infrastructure and services within its lawful municipal role, while telecommunications regulation remains federal.

C.282Safe Information Program

Many components can begin municipally:

C.283Community Broadband

More complex.

Requires:

C.284Do Not Wait for Perfect Sovereignty

Start with:

C.285Intergovernmental Agreements

Ontario law recognizes municipal authority to enter agreements with the federal Crown respecting matters within municipal jurisdiction.

C.286Federal Agreement Does Not Expand Municipal Jurisdiction

Still.

C.287County Agreement

Can support:

where lawful.

C.288Agreement Must State Responsibilities

Always.

C.289No MOU Theatre

No.

C.290Strong Mayor Powers

Owen Sound is currently designated under Ontario Regulation 530/22 for the special head-of-council powers and duties in Part VI.1 of the Municipal Act. The current regulation expressly lists the City of Owen Sound.

C.291This Is Current Law

Whether Council or a candidate:

the framework does not change the law.

C.292Strong Mayor Does Not Mean Unlimited Mayor

The powers are specific.

C.293Provincial Priorities

Certain strong-mayor powers are tied to prescribed provincial priorities, including housing and infrastructure supporting housing.

C.294CAO Appointment

In a designated municipality, the head of council has authority to choose to appoint the CAO under the strong-mayor framework, subject to the Act, regulations and any valid delegation.

C.295Certain Division Heads

The strong-mayor framework also assigns powers concerning certain municipal division heads and organizational structure, while statutory positions are excluded from portions of that authority.

C.296Statutory Officials Matter

The Province's current guidance lists excluded positions including roles such as:

and policing leadership under the applicable framework.

C.297Prescribed Committees

Certain committee powers may also be assigned to the head of council under Part VI.1 and its regulations.

C.298Provincial-Priority By-Laws

The head of council can, in specified circumstances related to prescribed provincial priorities, propose certain by-laws and require Council to consider them. Ontario's guidance states that such a by-law can pass if more than one-third of all Council members vote in favour.

C.299This Is Extraordinary

Use sparingly.

C.300One-Third Threshold Is Not Ordinary Council Rule

Do not describe all mayor-proposed by-laws this way.

C.301Veto

The head of council can veto certain Council-approved by-laws where the statutory provincial-priority test is engaged, with Council able to override through the prescribed two-thirds process.

C.302Veto Is Not General Policy Veto

It does not apply:

C.303Written Reasons

Strong-mayor use carries written-record and transparency requirements.

C.304Directing Staff

The head of council can direct municipal employees in relation to certain strong-mayor powers and duties, and current regulation requires written documentation to the Clerk and CAO by the next business day.

C.305Staff Direction Is Not Personal Command

It must be connected to:

C.306Budget

The strong-mayor framework assigns the head of council important duties and powers in proposing the municipal budget, subject to Council amendment, mayoral veto and Council override rules established by regulation.

C.307Budget Still Belongs to the Municipality

It is not:

C.308Public Budget

Current regulation requires the proposed budget to be made publicly available.

C.309February 1

The current regulation generally requires the head of council to propose the annual budget by February 1, after which Council must prepare and adopt the budget if the head does not do so.

C.3102026 Election-Year Change

Ontario amended the regulation in June 2026 so that a head of council may propose a budget for a year immediately following a regular-election year only in the year to which that budget applies.

C.311Practical Meaning for the 2026 Election

The incoming 2026-2030 Council should understand that the current provincial framework limits the outgoing head's ability to use the strong-mayor budget process to pre-emptively propose the next year's budget during the election year.

C.312Election-Period Limits

Ontario Regulation 189/26 also added limits on certain strong-mayor powers during an election once specified conditions relating to the incoming Council or head of council can be determined. The restricted powers include certain uses of CAO appointment, organizational restructuring and provincial-priority by-laws involving municipal property or liabilities above the specified threshold, subject to the regulation's exceptions.

C.313Current Threshold

The 2026 regulation uses:

$50,000

for the specified property-disposition and expenditure/liability restrictions.

C.314Emergency Exception

The regulation preserves an emergency exception.

C.315Previously Delegated Powers

The regulation also preserves certain powers already delegated to the CAO or Council before nomination day.

C.316This Is Why Current Law Must Be Checked

Strong-mayor rules changed:

They may change again.

C.317Mayor's Power Register

Maintain a public list of:

Power

Statutory source

Delegated?

Used?

Date

Written decision

Reason

C.318Strong Power Should Produce Strong Transparency

The stronger the unilateral authority:

C.319Voluntary Restraint

Where law allows the Mayor to use a power:

The Mayor can still choose:

where that does not defeat the public purpose.

C.320Do Not Pretend Power Does Not Exist

If elected:

Be clear about:

C.321Do Not Weaponize It Either

The Civic Covenant remains relevant.

C.322Strong Mayor and Civic Covenant

Use:

C.323Staff Direction Log

Public where law allows.

C.324Budget Reasoning

Public.

C.325Veto Reasoning

Public.

C.326By-Law Reasoning

Public.

C.327Appointment Reasoning

Appropriate transparency while protecting:

C.328Delegation

Consider delegating strong-mayor powers where doing so improves:

Ontario's guidance confirms certain strong-mayor powers may be delegated to Council or the CAO depending on the power.

C.329Do Not Delegate Blindly

Delegation should have:

C.330Power Can Be Held in Reserve

Having a statutory power does not require using it.

C.331What the Mayor Cannot Do

Even with strong-mayor powers, the Mayor cannot simply:

C.332What Council Cannot Do

Council cannot:

C.333What Staff Cannot Do

Staff cannot:

C.334What Residents Cannot Do Through Strong Vote

Residents cannot:

C.335Democracy Within Law

Always.

C.336Municipal Power Is Strongest When Precise

"City Hall can do everything" is weak.

"Section X lets us do Y, subject to Z" is strong.

C.337Power Inventory

The City should build a practical:

Municipal Power Inventory.

C.338Inventory Fields

Subject

Statutory authority

City / County allocation

Council / Mayor / staff authority

Current delegation

Key conditions

C.339Examples

Procurement

City.

Local road asset

City where owned.

Building permits

City statutory administration.

Property standards

City.

Business licensing

City where authorized.

Housing-service management

County lead.

Paramedics

County lead.

Criminal law

Not City.

C.340The "Do We Need Ontario?" Test

Before contacting Ontario:

Do we already have authority?

Does Grey County have it?

Is the barrier law or money?

Is the barrier capacity?

Is the barrier political disagreement?

What exact change is needed?

C.341Money Is Not Authority

Important.

C.342Authority Is Not Money

Also important.

C.343Capacity Is Not Authority

Also.

C.344Lack of Political Will Is Not Lack of Authority

Also.

C.345Do Not Blame Province for Local Choice

If Council legally could:

but chooses not to:

Say so.

C.346Do Not Blame Council for Provincial Law

Same.

C.347Local Autonomy Begins With Competence

The best argument for more local authority is:

show that we use current authority well.

C.348Earned Autonomy

The City's provincial reform case becomes stronger if Owen Sound can show:

C.349No Permission Theatre

If legal authority is clear:

Do not delay an initiative merely to obtain:

from another government.

C.350Consultation Can Still Be Wise

Authority and:

are different.

C.351County Coordination

Even when Owen Sound has local authority:

Ask whether County action affects:

C.352SON Engagement

Even when municipal authority exists:

Rights and relationship may require:

C.353Public Consultation

Even when Council has authority:

Resident knowledge may improve:

C.354Authority Does Not Mean Arrogance

Good local government uses power:

C.355Municipal Powers Applied to Open Government

Owen Sound can already establish:

subject to lawful confidentiality.

C.356No Provincial Permission Needed

For basic openness.

C.357Municipal Powers Applied to Service Reform

The City can:

C.358No Provincial Permission Needed

For internal service competence.

C.359Municipal Powers Applied to Efficiency Dividend

The City can:

through lawful budget processes.

C.360No Provincial Permission Needed

To stop wasting money.

C.361Municipal Powers Applied to Local Procurement

The City can:

C.362No Provincial Permission Needed

Beyond complying with the current provincial framework.

C.363Municipal Powers Applied to Infrastructure

The City can:

C.364No Provincial Permission Needed

To know what we own.

C.365Municipal Powers Applied to Downtown

The City can:

C.366No Provincial Permission Needed

For many ordinary downtown improvements.

C.367Municipal Powers Applied to Civic Square

The City can test programming on:

before committing to major capital.

C.368Pilot First

Use.

C.369Municipal Powers Applied to 2nd Avenue

The City can consider temporary local street-management pilots on City-controlled roads, subject to traffic, accessibility, emergency, transit and other legal requirements.

C.370Municipal Powers Applied to River and Outdoors

The City can improve:

while coordinating external jurisdictions.

C.371Municipal Powers Applied to Housing

The City can improve:

C.372It Cannot Make Private Developer Build

So measure City-controlled stages.

C.373Municipal Powers Applied to Family-Friendly Neighbourhoods

The City can influence:

C.374Municipal Powers Applied to Business

The City can:

C.375It Cannot Guarantee Business Success

No.

C.376Municipal Powers Applied to Shop Local

The City can:

C.377It Cannot Regulate Banking

No.

C.378Municipal Powers Applied to RealMap

Potential lawful municipal roles could include:

only after conflict, procurement and governance review.

C.379It Cannot Force a Private Marketplace Monopoly

No.

C.380Municipal Powers Applied to Seniors

The City can influence:

C.381It Cannot Administer Federal Pension System

No.

C.382Municipal Powers Applied to Safety

The City can act on:

C.383It Cannot Direct Criminal Prosecution

No.

C.384Municipal Powers Applied to Community Partners

The City can:

subject to law.

C.385Municipal Powers Applied to Youth

The City can:

subject to employment, safety and safeguarding rules.

C.386Municipal Powers Applied to Safe Information

The City can:

C.387Municipal Powers Applied to Digital Sovereignty

The City can:

C.388This Is Existing Power

Do not wait for a federal digital-sovereignty act to begin.

C.389Municipal Powers Applied to SON

Owen Sound can:

without falsely claiming Crown powers it does not possess.

C.390Municipal Powers Applied to County

Owen Sound can:

C.391Municipal Powers Applied to Ontario

Owen Sound can:

C.392Municipal Powers Applied to Canada

Owen Sound can:

within municipal jurisdiction.

C.393Municipal Powers Applied to Public Scorecard

The City can measure:

C.394That May Be One of Its Most Important Powers

Government capable of measuring itself can become:

C.395The Municipal Power Matrix

ActionCan Owen Sound Generally Act?Key Limitation
Improve City service processYesExisting law / collective agreements / capacity
Publish City performanceYesPrivacy, privilege, security
Buy equipmentYesProcurement, budget
Hire employeesYesBudget, policy, labour law
Contract servicesYesProcurement, authority
Buy landYesMunicipal purpose, budget, process
Sell landYesLand-disposal policy, public purpose
Lease landYesAuthority, value, policy
ExpropriatePotentiallyStatutory purpose and Expropriations Act
Create local by-lawPotentiallyStatutory jurisdiction and constitutional limits
Regulate businessesPotentiallyLicensing authority and statutory limits
Give grantsPotentiallySection 107, section 106 and other limits
Subsidize a commercial businessRestrictedAnti-bonusing rules and statutory exceptions
Provide small-business counsellingYesMunicipal program rules
Create BIAYesStatutory process
Establish municipal service boardYesStatutory process
Establish municipal services corporationPotentiallySection 203 and regulation
Charge user feesPotentiallyStatutory and regulatory restrictions
Create new general taxNo, unless authorizedSpecific statutory authority required
Impose development chargesYes, if statutory requirements metDevelopment Charges Act
BorrowYes, under statutory frameworkDebt limits / approvals
Invest reservesYes, under statutory frameworkInvestment rules
Operate water / wastewaterYesProvincial regulation
Maintain City roadsYesOwnership, statutory standards
Manage City parkingYesApplicable law
Operate local transitYesApplicable law / funding
Operate fire serviceYes / required frameworkProvincial fire law
Direct individual police operationNoPolice governance / operational independence
Decide criminal lawNoFederal
Administer Ontario WorksNot City leadCounty
Operate County paramedicsNot City leadCounty / Ontario framework
Change Ontario Planning ActNoProvince
Change federal telecom regulationNoCanada
Create municipal legal tenderNoFederal currency jurisdiction
Create resident consultation toolsYesThey cannot override statutory authority
Require vendor data portabilityGenerally through procurementContract / procurement law
Create open-data systemYesPrivacy / confidentiality / security
Establish public Wi-FiPotentiallyBusiness case / telecom and procurement considerations
Force use of RealMapNo general authority to create private monopolyCompetition, procurement, rights, statutory limits
Ask Ontario for more authorityYesAdvocacy, not law until granted
Ask Canada for federal actionYesAdvocacy / agreement within jurisdiction

C.396Matrix Is Starting Point

Not legal opinion.

C.397Red Flag: "We Need Permission"

Ask:

From whom and under what section?

C.398Red Flag: "The Mayor Can Do It"

Ask:

Under what mayoral power?

C.399Red Flag: "Council Voted"

Ask:

Did Council have jurisdiction?

C.400Red Flag: "It Is Free"

Ask:

Who pays?

C.401Red Flag: "It's a Grant"

Ask:

Are we actually purchasing a service?

C.402Red Flag: "It's Economic Development"

Ask:

Does section 106 apply?

C.403Red Flag: "We'll Give Them the Land"

Ask:

What authority permits the consideration proposed?

C.404Red Flag: "We'll Waive the Fee"

Ask:

Is that fee legally waivable and is the waiver prohibited assistance?

C.405Red Flag: "We'll Borrow"

Ask:

What is the Annual Repayment Limit and complete debt cost?

C.406Red Flag: "We'll Use Reserves"

Ask:

Which reserve and what obligation does that create later?

C.407Red Flag: "The Province Made Us"

Ask:

Show the requirement.

C.408Red Flag: "The Province Won't Let Us"

Ask:

Show the restriction.

C.409Red Flag: "Ottawa Controls It"

Ask:

Which federal jurisdiction?

C.410Red Flag: "It's a Strong-Mayor Power"

Ask:

Which section of Part VI.1 and which conditions?

C.411Red Flag: "Provincial Priority"

Ask:

Is the prescribed provincial-priority test actually met?

C.412Red Flag: "We Can Get It Through With One-Third"

Only certain head-of-council proposed by-laws under the strong-mayor framework use the special threshold.

C.413Red Flag: "The Mayor Sets the Budget Alone"

Incorrect.

The strong-mayor budget process contains:

mechanisms.

C.414Red Flag: "The Mayor Can Fire Anyone"

Incorrect.

The statutory framework excludes specified officers and roles from portions of the head-of-council staffing authority.

C.415Red Flag: "The Outgoing Mayor Can Lock the Next Council In"

Current 2026 Ontario regulation imposes specific election-period restrictions on certain strong-mayor powers and restricts timing of the following year's budget proposal.

C.416Use Current Law

Always.

C.417Municipal Power Review Before Campaign Promise

Any future municipal campaign should classify a promise:

City Can Do

Council Must Approve

Mayor Can Do

County Must Act

Ontario Must Act

Canada Must Act

Shared

Legal Review Required

C.418Do Not Promise Other People's Decisions

Key.

C.419Better Promise

Instead of:

I will eliminate X.

Say:

Council has authority over X. I will bring forward a by-law and business case within 100 days.

Where true.

C.420Better Shared Promise

Owen Sound controls A. Grey County controls B. I will complete A and seek a formal B decision from County by [date].

C.421Better Provincial Promise

Owen Sound cannot currently enact X. I will publish the exact Ontario legislative change required and formally request it.

C.422Better Federal Promise

Same.

C.423Strong-Mayor Promise

Where the Mayor personally has authority:

Say:

I can exercise this authority, subject to the Act and regulations.

C.424Voluntary Constraint

Then state:

C.425First 30 Days

The new administration should produce:

Municipal Power Inventory, Version 1.

C.426First 30-Day Review

Verify:

Municipal Act powers

Other statutory powers

City-County allocation

Existing delegation by-law

Procurement policy

Land-disposition policy

Hiring policy

Council-staff relationship policy

Notice policy

Accountability and transparency policy

Grant policy

Fee by-laws

Licensing by-laws

Strong-mayor documentation process

C.427Strong-Mayor Orientation

Obtain:

briefing.

C.428Do Not Govern From Campaign Assumptions

Move from:

to:

C.429First 60 Days

Publish plain-language:

What Owen Sound Can Do.

C.430Public Power Guide

Residents should be able to see:

Direct City powers

County powers

Provincial asks

Federal asks

C.431First 100 Days

Identify at least:

that can be made using existing municipal authority without new legislation.

C.432Possible Examples

Could include:

C.433Do Not Pick Ten for Optics

Use:

C.434Year One

Use existing authority aggressively in the positive sense:

C.435Year Two

Identify where real statutory barriers remain.

C.436Ontario Ask Book

Use evidence from Year One.

C.437Year Three

Seek:

where needed.

C.438Year Four

Publish:

Municipal Authority Audit.

C.439Authority Audit

Show:

Existing powers used

Powers delegated

Strong-mayor powers used

Strong-mayor powers delegated

Powers deliberately not used

Provincial permissions requested

Provincial changes obtained

Federal agreements

County service changes

Jurisdiction mistakes corrected

C.440Measure Use, Not Volume

The Mayor using:

is not automatically stronger leadership than:

C.441Restraint Can Be Success

Yes.

C.442Council Collaboration Can Be Success

Yes.

C.443Delegation Can Be Success

Yes.

C.444Direct Action Can Be Success

Yes.

C.445Measure Public Result

Always.

C.446Municipal Power Scorecard

Potential fields:

Power AreaAuthority ConfirmedCurrent UseDelegated?Review NeededPublic Result

C.447Authority Confidence

Green

Clear.

Amber

Conditional or shared.

Red

No current authority.

Grey

Not verified.

C.448Strong Mayor Register

Separate table:

PowerUsedDelegatedWritten RecordOutcome

C.449No Strong-Mayor Achievement Count

Do not celebrate:

27 directives issued.

C.450Better Measure

Ask:

What public problem was solved?

C.451Anti-Gaming Rule One

Do not claim the City lacks authority without checking.

C.452Anti-Gaming Rule Two

Do not claim the City has authority without checking.

C.453Anti-Gaming Rule Three

Do not use the Municipal Act's broad powers to ignore a specific statute.

C.454Anti-Gaming Rule Four

Do not use natural-person powers as a substitute for statutory taxation authority.

C.455Anti-Gaming Rule Five

Do not use natural-person powers as a substitute for borrowing authority.

C.456Anti-Gaming Rule Six

Do not use general grant language to bypass the commercial bonusing prohibition.

C.457Anti-Gaming Rule Seven

Do not describe below-market commercial land transfer as ordinary economic development without legal review.

C.458Anti-Gaming Rule Eight

Do not call a contract a grant to avoid procurement.

C.459Anti-Gaming Rule Nine

Do not call a grant a contract merely to control independent community activity.

C.460Anti-Gaming Rule Ten

Do not create a municipal services corporation merely to avoid ordinary transparency.

C.461Anti-Gaming Rule Eleven

Do not create a board merely to move a controversial decision farther from Council.

C.462Anti-Gaming Rule Twelve

Do not create a BIA as a political substitute for direct business engagement.

C.463Anti-Gaming Rule Thirteen

Do not invent a user fee merely because Council does not want to call something a tax.

C.464Anti-Gaming Rule Fourteen

Do not describe a user-fee-funded service as free.

C.465Anti-Gaming Rule Fifteen

Do not call the legal debt limit a prudent borrowing target.

C.466Anti-Gaming Rule Sixteen

Do not count reserve withdrawals as savings.

C.467Anti-Gaming Rule Seventeen

Do not count a federal or provincial grant as City-generated revenue.

C.468Anti-Gaming Rule Eighteen

Do not design procurement around a preferred local company.

C.469Anti-Gaming Rule Nineteen

Do not ignore the current Buy Ontario procurement rules when advocating Canadian purchasing.

C.470Anti-Gaming Rule Twenty

Do not artificially split contracts.

C.471Anti-Gaming Rule Twenty-One

Do not use emergency procurement for ordinary political urgency.

C.472Anti-Gaming Rule Twenty-Two

Do not delegate politically difficult decisions simply to avoid accountability.

C.473Anti-Gaming Rule Twenty-Three

Do not refuse reasonable delegation merely to concentrate mayoral control.

C.474Anti-Gaming Rule Twenty-Four

Do not use strong-mayor powers outside their statutory conditions.

C.475Anti-Gaming Rule Twenty-Five

Do not describe all mayoral directions to staff as strong-mayor powers.

Use the actual authority.

C.476Anti-Gaming Rule Twenty-Six

Do not use a provincial-priority by-law mechanism for a matter that does not meet the required statutory test.

C.477Anti-Gaming Rule Twenty-Seven

Do not use the special one-third Council threshold as if it applied to ordinary by-laws.

C.478Anti-Gaming Rule Twenty-Eight

Do not conceal a mayoral veto.

C.479Anti-Gaming Rule Twenty-Nine

Do not conceal written reasons required under strong-mayor law.

C.480Anti-Gaming Rule Thirty

Do not privately direct statutory officials to reach predetermined decisions.

C.481Anti-Gaming Rule Thirty-One

Do not ask a staff member to ignore:

law for a politically favoured resident.

C.482Anti-Gaming Rule Thirty-Two

Do not use Council majority to bypass individual rights.

C.483Anti-Gaming Rule Thirty-Three

Do not call consultation legal authority.

C.484Anti-Gaming Rule Thirty-Four

Do not call public popularity legal authority.

C.485Anti-Gaming Rule Thirty-Five

Do not use:

Not our jurisdiction

when the City has clear local tools available.

C.486Anti-Gaming Rule Thirty-Six

Do not use:

Local control

to pretend other governments have no lawful role.

C.487Anti-Gaming Rule Thirty-Seven

Do not use municipal property as political patronage.

C.488Anti-Gaming Rule Thirty-Eight

Do not use municipal employment as political patronage.

C.489Anti-Gaming Rule Thirty-Nine

Do not use municipal grants as political patronage.

C.490Anti-Gaming Rule Forty

Do not use municipal licensing to punish lawful criticism or unpopular viewpoints.

C.491The Power Test

Before acting:

What exact authority permits this?

C.492The Allocation Test

Is it Owen Sound's power or Grey County's?

C.493The Purpose Test

What municipal public purpose does it serve?

C.494The Limit Test

What conditions or prohibitions apply?

C.495The Rights Test

What rights constrain the exercise of the power?

C.496The Finance Test

Does the power have a specific financial framework?

C.497The Delegation Test

Who should exercise it, Council, Mayor or administration?

C.498The Procurement Test

Does exercising it require a fair procurement process?

C.499The Conflict Test

Does anyone involved have a private interest?

C.500The County Test

Does Grey County have overlapping or exclusive authority?

C.501The Ontario Test

Are we genuinely blocked by provincial law?

C.502The Canada Test

Is a federal power actually engaged?

C.503The SON Test

Could rights or shared interests require early engagement?

C.504The Capacity Test

Can we actually administer the power competently?

C.505The Resident Test

Will using this power make government easier to understand and use?

C.506The Restraint Test

Just because we can, should we?

C.507The Reverse Test

If a political opponent held this same power, would we consider this method legitimate?

That is an important safeguard.

C.508Strong-Mayor Reverse Test

Especially.

C.509Future-Government Test

Ask:

Would we want the next Mayor to inherit the precedent we are creating?

C.510Rule-of-Law Test

Ask:

Are we exercising the power according to a rule that can apply equally, rather than to get a preferred result for one person?

C.511What Success Looks Like

Success does not mean:

Success means:

C.512What Failure Looks Like

Failure includes:

C.513The Municipal Powers Commitment

Owen Sound should commit to:

Know the powers the City already has before asking another government for more.

Recognize Owen Sound as a lower-tier municipality within Grey County and check the City-County allocation of authority before acting.

Use the Municipal Act, 2001 together with the many other Ontario statutes that govern municipal functions.

Distinguish general municipal powers from specific statutory powers.

Never use broad authority to ignore more specific legal requirements.

Exercise municipal powers through the proper legal instrument.

Use natural-person powers confidently for lawful municipal purposes.

Do not misrepresent natural-person powers as constitutional sovereignty.

Do not use natural-person powers as an invented authority to tax, borrow or give grants outside the specific financial framework.

Use municipal service powers fully where Owen Sound has jurisdiction.

Do not create a service merely because authority exists.

Apply Partnership Before Program before duplicating capable providers.

Respect the ordinary geographic limits on municipal by-laws and use lawful agreements when cross-boundary service makes sense.

Do not confer unlawful private monopolies.

Keep public standards separate from preferred private platforms.

Treat City land and buildings as public assets rather than political inventory.

Maintain and follow the required land-disposition policy.

Disclose the real public value of below-market land or property transactions.

Consider lease, sale and continued ownership on their merits.

Use expropriation only for genuine public purpose and through the Expropriations Act process.

Use municipal road, parking, public-space and infrastructure powers on City-owned assets rather than waiting unnecessarily for other governments.

Coordinate utilities, accessibility, traffic, safety and other statutory responsibilities when redesigning streets.

Use municipal sign powers carefully and subject them to Charter review.

Keep the real-estate sign transition legally independent from RealMap.

Use municipal water, wastewater and infrastructure authority confidently while respecting Ontario regulation.

Do not confuse zoning capacity with servicing capacity.

Use municipal parks, recreation and cultural powers to lower barriers to healthy community participation.

Do not duplicate healthy private or nonprofit recreation markets simply because the City has authority.

Use business-licensing authority only for identifiable public purposes.

Review licensing requirements periodically for continuing necessity.

Remove regulatory requirements that no longer serve a defensible public purpose.

Keep the Start-Up Desk as a navigator rather than pretending one municipal approval replaces provincial, federal or County requirements.

Use the City's express small-business counselling authority to make entrepreneurship easier to navigate.

Respect section 106's prohibition against unlawful commercial bonusing.

Never give a preferred business free money, below-market City property, loan guarantees or arbitrary fee exemptions without clear lawful authority.

Use Community Improvement Plans and other statutory incentive mechanisms only according to their actual legal requirements.

Use grants under the proper statutory authority and keep them subject to the anti-bonusing rules.

Distinguish grants from procurement.

Do not use grants to avoid competition.

Do not use contracts to unnecessarily control independent community organizations.

Use municipal capital-facility agreements only through the statutory and regulatory framework.

Treat major capital-facility subsidies and tax exemptions as public contributions that must be visible.

Use municipal service boards only where separate governance solves a real problem.

Use joint municipal service boards only with clear roles, cost allocation, accountability and exit.

Create a municipal services corporation only where the corporate form provides demonstrable public value.

Never create a corporation merely to escape ordinary municipal transparency.

Do not use a municipal corporation as a shortcut around the map.ca or RealMap conflict firewall.

Use Business Improvement Area powers according to their statutory process.

Respect BIA governance rather than treating it as a political business club.

Use fees and charges only within proper statutory authority.

Do not disguise taxes as fees.

Show the public subsidy where user fees recover less than the complete cost of a service.

Use the correct statute for building, planning and other specialized fees.

Do not invent new taxes without explicit statutory authority.

Keep the Penny as a voluntary reward rather than tax or legal tender.

Use development charges only through the Development Charges Act framework.

Do not treat development-charge revenue as unrestricted general revenue.

Use reserves according to their legal and policy purposes.

Never call reserve spending savings.

Use municipal debt only through the statutory borrowing framework.

Treat the Annual Repayment Limit as a legal constraint rather than a borrowing target.

Use Complete Cost before taking on long-term debt.

Align borrowing terms with asset life and public benefit where debt is used.

Manage municipal investments for lawful public stewardship rather than speculation.

Maintain and follow the legally required procurement policy.

Use procurement as a tool for competition, resilience, lifecycle value and open standards.

Keep political preference out of contract awards.

Use Vendor Gateway to make procurement understandable to smaller suppliers.

Use Quick Quote and smaller procurement packages only within lawful thresholds and without artificial contract splitting.

Comply with the current Buy Ontario Act and Municipal Buy Ontario Procurement Directive.

Recognize that, as of 2026, municipalities are directly included in Ontario's public-sector Buy Ontario procurement framework.

Integrate Ontario and Canadian procurement priorities with competition, value, trade obligations and complete cost rather than inventing an independent local rule.

Keep Owen Sound supplier, Ontario supplier and Canadian supplier definitions distinct.

Use Repair Before Replace where evidence supports it.

Include repairability, open standards, data portability, cybersecurity and vendor exit in procurement where relevant.

Set bid criteria before bids arrive.

Maintain the statutory municipal policies required for land disposition, hiring, council-staff relations, procurement, public notice, accountability, transparency, delegation and tree canopy.

Audit whether policies are actually followed rather than measuring success by their existence.

Delegate routine administrative powers where doing so improves service and preserves accountability.

Do not delegate powers the law does not permit to be delegated.

Maintain a clear Delegation Register.

Keep Council focused on governance and administration focused on operations.

Do not allow elected officials to privately override permit, procurement, licensing or enforcement rules for individual residents.

Protect the lawful professional responsibilities of the Clerk, Treasurer, Chief Building Official, Integrity Commissioner, Police leadership and other statutory officials.

Use municipal inspection, order and remedial powers only within their statutory conditions.

Use education and voluntary compliance before punishment where appropriate.

Use immediate enforcement where safety or law requires it.

Apply enforcement equally to political supporters and critics.

Never measure by-law success by fine revenue alone.

Use resident engagement, public dashboards, open data and participatory tools within existing municipal authority.

Never pretend those tools replace Council decisions where legislation assigns the decision to Council.

Publish Open Books, contracts, assets, commitments, corrections and Scorecard information without waiting for another government to require transparency.

Protect privacy, security, legal privilege and Indigenous information governance while opening municipal information.

Use the City's purchasing and contracting authority to improve digital sovereignty now.

Require portability, exit, cybersecurity, privacy and accessible design in municipal technology.

Do not wait for a national digital-sovereignty framework before improving City contracts.

Enter federal agreements where they concern matters within municipal jurisdiction.

Never confuse a federal agreement with a transfer of constitutional jurisdiction.

Use City-County agreements for legitimate shared-service opportunities.

Give every shared-service agreement a clear owner, service standard, cost and exit path.

Recognize that Owen Sound is currently a designated strong-mayor municipality under Ontario law.

Describe strong-mayor powers accurately rather than politically.

Recognize that some strong-mayor powers are tied to prescribed provincial priorities.

Understand the head of council's current powers concerning CAO appointment, certain division heads, organizational structure, prescribed committees, provincial-priority by-laws, vetoes, staff direction and the municipal budget.

Respect the statutory exclusions protecting specified municipal officers and positions from portions of those powers.

Use the special provincial-priority by-law threshold only where the legislation actually applies.

Never describe the one-third threshold as the ordinary rule for Council decisions.

Use veto powers only within the statutory provincial-priority framework.

Respect Council's statutory override rights.

Publish the written records required when exercising strong-mayor authority.

Use written staff directions when the strong-mayor framework requires them.

Treat the strong-mayor budget as a public municipal process, not the Mayor's personal budget.

Respect the current February 1 budget framework and Council amendment and override mechanisms.

Recognize the 2026 provincial change limiting when the head of council may propose the budget for a year following a regular-election year.

Recognize the 2026 election-period limits on specified strong-mayor powers.

Do not use election timing to dispose of major public assets or incur major unbudgeted liabilities through extraordinary mayoral power where current law restricts it.

Keep a public Strong Mayor Power Register.

Use stronger transparency when stronger unilateral authority is exercised.

Consider voluntary restraint, consultation and delegation where they improve institutional legitimacy.

Do not pretend a statutory strong-mayor power does not exist merely because it is politically unpopular.

Do not use strong-mayor powers simply because they exist.

Judge their use by public result, legality, transparency and long-term precedent.

Ask whether the same use of power would be acceptable if exercised by a political opponent.

Ask whether the precedent should survive into the next administration.

Maintain a Municipal Power Inventory identifying the legal authority, tier allocation, delegation and conditions for major City powers.

Before asking Ontario for permission, confirm that Owen Sound does not already have the authority.

Before blaming Grey County, confirm that the City does not control the issue.

Before blaming Canada, identify the actual federal responsibility.

Distinguish authority, funding, capacity and political will.

Do not call lack of local political will a jurisdiction problem.

Use existing authority first and advocacy second.

Build the case for greater local autonomy by demonstrating competence with the authority Owen Sound already possesses.

Use lawful municipal powers immediately for Open Government, Service Reform, procurement, infrastructure management, downtown operations, housing navigation, business support, recreation, public information and digital independence.

Do not promise results outside municipal control.

Classify every significant promise as City, Mayor, Council, County, Ontario, federal, shared or legal-review-required.

Use the first 30 days to verify the City's real powers rather than governing from campaign assumptions.

Use the first 60 days to publish a plain-language public Municipal Powers Guide.

Use the first 100 days to identify improvements that can be delivered under existing authority without new legislation.

Use Year One to prove local capability.

Use Year Two to identify genuine statutory barriers.

Use Year Three to seek precise delegation or legislative reform where evidence supports it.

Use Year Four to publish a Municipal Authority Audit showing what powers were used, delegated, restrained, expanded or misunderstood.

Never measure leadership by the number of unilateral powers exercised.

Measure whether those powers produced lawful public value.

Never use the City's broad powers to bypass specific law.

Never use municipal property, employment, grants, licences or contracts as patronage.

Never design a procurement around a favourite supplier.

Never create a public corporation to bury accountability.

Never describe legal borrowing capacity as financial wisdom.

Never use emergency rules for ordinary political urgency.

Never use Strong Mayor authority to pressure independent statutory decision-makers.

Never use Not Our Jurisdiction as an excuse when the City already has meaningful lawful tools.

Never use Local Control as an excuse to ignore other governments' lawful responsibilities.

Apply the final power test to every major decision: What authority do we have, what boundary applies, who should exercise the power, and would we accept this same precedent under the next Mayor?

The municipal-powers standard can therefore be reduced to a simple sequence:

Know the power.

Know the boundary.

Use the power we already have.

Use it through the proper institution.

Measure the result.

Ask Ontario only for the authority we genuinely lack.

A City that constantly says:

We cannot

when it actually can becomes:

A City that constantly says:

We can

when it legally cannot becomes:

The goal is neither.

The goal is a municipality that understands its authority well enough to be:

Use local authority fully. Ask Ontario precisely. Match authority with responsibility. Match funding with responsibility. Measure the result.

← Appendix B: The Jurisdiction Chart: Who Does What in Owen SoundAppendix D: The Civic Covenant: The Standard for How Owen Sound Governs →