Hamilton’s new semi-autonomous Board of Health held its first meeting on Monday (July 7) and tried to define the extent of their independence from City Council.
Following the two-hour meeting, it was not clear which body is ultimately making decisions on a broad range of issues. That will need to be determined through some form of agreement or understanding between the two bodies.
“You are no longer a recommending body. You are now the decision-making body. You’ve assumed the role of the Board of Health for the City of Hamilton. With that comes a whole host of new duties and responsibilities as a Board,” outside lawyer Karima Kanani of Miller Thomson told the assembled 12-member board.
Six of the members are city councillors, one is a public school board trustee, and five are citizens-at-large.
Kanani stated the Board exists under both the Health Protection and Promotion Act and the Municipal Act. “Both of these pieces of legislation must be read together.”
The extent of their newfound independence is not entirely clear. The members serve at the pleasure of City Council, and Council could exercise powers to remove and replace members.
The Board of Health is responsible for “oversight of public health programs and services, community health protection and communicable disease in the City of Hamilton” and compliance with the Ontario Public Health Standards.
City Council will retain hiring and firing powers over the Medical Officer of Health and the Associate Medical Officers of Health, and appoint the Auditor. Public health will remain a city department.
Kanani says the Board will need to work “together in collaboration with the City and specifically City Council.”
The Board of Health, in legislation, has “very clear” “jurisdiction on matters related to public health decision making.”
Where does Board of Health End and Where Does City Council Start?
Ward 4 Councillor Tammy Hwang asked about public health policy regarding alcohol and the politics of regulating unsanctioned tailgate parties.
“Recently we went through the municipal alcohol policy, which was not awesome,” Hwang said. Public health staff recommended a ban on tailgating; something that was politically unpopular and City Council strongly disagreed with.
“I don’t understand how we actually resolve a conflict like that. Who is ultimately the decision maker? How do we resolve conflict in that sort of situation?”
The lawyer’s answer did not directly address the issue.
“The first answer that I would give you in that respect is that although there is collaboration that will enable an optimized model, legislation is also clear as to those matters that are within the jurisdiction of the Board of Health and those that are in the jurisdiction of the city,” Kanani responded.
She continued: “Matters that are within the jurisdiction of the city will continue to be the ultimate authority of the City Council, those that are within the jurisdiction of the Board of Health, the Board of Health will be the ultimate decision maker.”
Kanani continued: “However, where there is conflict, you want to ensure that as we develop policies and processes, we’re looking very clearly at what are the procedures for sharing respective views on matters where there is crossover between city and the Board of Health while still respecting the law as to the ultimate decision maker on the topic at hand.”
Unclear Who Sets Public Health Budget
Hamilton-Wentworth District School Board Trustee Dawn Danko, the education representative on the new Board, asked who and how the public health budget will be set under the new structure.
City of Hamilton staff, who report both to the Board of Health and City Council, stated they are working to clarify and determine the budget process.
“We’ve had discussions about when that information might be coming forward and we’ll continue to work on that process with the City of Hamilton, the City Manager and the Mayor,” stated Director of Financial Planning, Administration, and Policy Brian McMullen. “We do have some strong mayor’s powers that we do have to consider this year.”
Production Details
v. 1.0.0
Published: July 9, 2025
Last updated: July 9, 2025
Author: Joey Coleman
Update Record
v. 1.0.0 original version