January 21, 1998
To: Interim Board of Health
From: H.W. Osmond Doyle
Functional Lead - Legal Services
Subject: The role of non-members of the Board and City Council's action of January 2, 6, 8 and 9, 1998 respecting the Board of Health
Purpose:
To advise the Board of Health of statutory requirements respecting Board of Health membership.
Funding Sources, Financial Implications and Impact Statement:
Not applicable
Recommendations:
That this report be received for information.
Board Reference/Background/History:
At its meeting held January 7, 1998 the interim Board of Health requested the City Solicitor to report on the implications of inviting Board of Education representatives to sit on the Board as non-voting members until such time as the legislation is amended to permit a maximum of 15 board members.
Comments and/or Discussion and/or Justification:
The Health Protection and Promotion Act ("HPPA") and the City of Toronto Act, 1997 (No. 2) ("City of Toronto Act") set out the parameters for board membership and establishing the size of the board of health. The HPPA provides that each board of health shall have no fewer than three and not more than thirteen municipal members and further provides that municipal members of the board be appointed by council. The City of Toronto Act requires City Council to pass a by-law establishing the size of the board of health in accordance with the HPPA. Accordingly, Council has the authority to determine both the size of the board and its membership.
At its meeting held January 2, 6, 8 and 9, 1998 City Council adopted the recommendations of the Striking Committee, as amended, and in so doing determined that the Board of Health for the City of Toronto Health Unit would be comprised of seven members of City Council. The City Solicitor has been requested to draft a by-law to give effect to Council's actions. The interim board of health established by the City of Toronto Act will be dissolved once Council passes this by-law.
As previously noted, the size of the board of health can vary between a minimum of three and a maximum of thirteen municipal members and is established by Council by-law. While Council has, at the present time, determined the size of the board to be seven members, comprised of Council members, membership of the board is not restricted to members of Council. The size of the board could be increased or decreased by Council by passing an amending by-law, provided the size of the board falls within the statutory requirements of the HPPA. Similarly, Council could also appoint citizen members or for example, Board of Education representatives, to the Board. However, since Council has determined at this time that the board of health is to be comprised of seven members of Council, it is my view that once Council passes the by-law establishing the size of the board of health, no one other than Council's appointees can be members of the board.
In the past, persons who were not members of the board were invited to participate in board discussions and on occasion, these individuals were invited to sit with Board members during the discussion to respond to Board members' questions. Generally, a person who is not a member of the Board or who is not a member of Council is not permitted to address the Board except upon invitation of the Chair of the Board or the members. Similarly, it is my view that only members of the Board are permitted to participate in a debate, introduce a motion or vote on a matter at board meetings.
Conclusions:
In conclusion, I am of the opinion that representatives of the Board of Education cannot participate as non-voting members of the board of health. However, this does not preclude representatives of the Board of Education or any other members of the public from attending public meetings of the board of health and participating in debates before the board at the invitation of the Chair or other members of the board.
Contact Name:
Jane Speakman
Legal Department 392-1563
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H.W. Osmond Doyle Reviewed by Margaret Rodrigues
Functional Lead - Legal Services Acting Executive Commissioner,
Finance and Corporate Services
