This keeps coming up, so I’m hoping the following will clarify.
How did Bob Gale become Chair of the Niagara Region, and why didn’t anyone do anything to stop it?
Following the 2022 municipal election, the province (under Premier Ford and then Minister of Municipal Affairs and Housing) advised Regional Councils in Niagara, Peel, and York that they would be appointing our Regional Chairs, rather than us electing a member from amongst ourselves as it said in the Municipal Act:
Head of regional council
Appointment
218.1 (1) On the day the new council is organized following the regular election in 2018, the head of council of the following regional municipalities shall be appointed by the members of council:
1. The District Municipality of Muskoka.
2. The Regional Municipality of Niagara.
3. The Regional Municipality of Peel.
4. The Regional Municipality of York. 2018, c. 11, Sched. 2, s. 2.
At the time, none of us were happy about this, and – if it had gone to a vote – the Chair may very well have not been Jim Bradley; however, it is the province’s prerogative to appoint a Chair (and take any number of other actions in municipal governments), so very few people put up a fight. Plus, as many of us said at the time, “it could be worse.”
And, now, it’s worse.
Following the passing of Jim Bradley, many of us were immediately concerned that Premier Ford and Minister Flack would appoint Bob Gale as Chair.
So many of us were concerned, in fact, that I am aware of at least eleven people (including myself) who had phone calls/conversations with Premier Ford, Minister Flack, and/or MPP Oosterhoff, advising against the appointment of Bob Gale. Some of those people are my fellow Regional Council colleagues. Others of those people are local community leaders. And if I’m aware of eleven, there were certainly more.
However, following the 2022 Regional Chair appointments by the province, the province also quietly changed the Municipal Act to indicate that the Regional Chairs of Niagara, Peel, and York would – from now on – be appointed by the Minister.
Head of council, appointment by Minister
218.3 (1) For the term of office beginning in 2022, the Minister may, by order, appoint and fix the duration of the term of the head of council of the following municipalities:
1. The Regional Municipality of Niagara.
2. The Regional Municipality of Peel.
3. The Regional Municipality of York. 2022, c. 24, Sched. 3, s. 1.
Effect of order
(2) An order made under subsection (1) takes effect on the date and at the time specified in the order. 2022, c. 24, Sched. 3, s. 1.
Previous appointment ceases to have effect
(3) If the Minister makes an order appointing a head of council under subsection (1) and, on the day the order takes effect, a head of council has been appointed by the members of council, the appointment by the members of the council ceases to have effect as of that day. 2022, c. 24, Sched. 3, s. 1.
I want to also point out the importance of that final clause. There was discussion about our Council trying to beat the Minister to the punch, as it were, and electing someone from amongst ourselves. Whenever it was raised with me, I cautioned against it, because the Minster could simply remove that person from the Chair and appoint his own Chair. This would lead to the very real possibility that someone who was duly elected to Regional Council could lose their seat entirely if the local area municipality they represented had already appointed their replacement.
So, that’s how we ended up with a charter member of the 2014-2018 cabal as Niagara’s Regional Chair.
Laura Ip - Regional Councillor 