About By-Laws

What is a by-law?

The "by" in by-law is an Old Norse word that means "town." A by-law is simply a town, or local, law.

By-laws cannot be created out of thin air.  Canadian municipalities do not have constitutional status of their own, so they can only pass laws authorized by other levels of government.  Statutes like the Municipal Act and the Highway Traffic Act delegate authority for local by-laws.  The "whereas" clause you see at the beginning of by-laws usually explains where the authority for the by-law is coming from.

Some by-laws are mandatory. For example, every municipality in Ontario must pass a by-law levying a tax rate.  Some by-laws are required only if a municipality wants to carry out a certain type of activity.  A town does not have to require business licensing, for example, but if they do, they need a by-law.  By-laws can also customize provincial statutes to allow for local enforcement or reduced fines in areas like traffic safety.

What is a by-law "reading?"

You might notice in the paper that a by-law has received "first reading," or that it passed "third reading."  All by-laws must pass three readings before they can become law.  All this means is that council has three separate chances to consider the pros and cons, and to vote, on a particular by-law.  This regulation is there to ensure that every by-law is carefully considered before it is passed.

• First reading is a test of whether or not council wishes to consider an issue at all.  It is not usually an indication of whether or not council supports the by-law.
• Second reading is when council can debate the issue, make amendments, and vote again. This time, council is voting on whether or not they support the by-law.
• Third reading is the last chance for debate, amendments, and voting.