The move comes after a judge ruled earlier on Monday not to allow the province to cut Toronto city council by almost half because it would have "substantially interfered with both the candidate's and the voter's right to freedom of expression as guaranteed under section 2 (b) of the Canadian Charter of Rights and Freedoms".
In his ruling, Superior Court Justice Edward Belobaba found the province crossed the line when it rushed to enact the legislation - known as Bill 5 - in July without any consultation. The mayor also said city staff will advise councillors at a special meeting on Thursday how the municipality can proceed with the upcoming October 22 election.
The second Charter flaw, according to the judge, was that the bill "doubled the size of City of Toronto wards from an average of 61,000 to an average of 111,000".
Constitutional lawyer Asher Honickman said the clause, which only applies to sections 2, 7 and 15 of the charter, was part of the grand compromise that got the charter enacted in 1982.
Ford's use of the notwithstanding clause, which gives provincial legislatures or Parliament the ability to override certain portions of the charter for a five-year term, drew swift condemnation from critics, who said the size of Toronto's city council was not the kind of issue the constitutional provision was created to deal with.
But the judge said similar legislation could still be passed by the Province, so long as it's constitutional.
This isn't Ford doing what he said he would do.
With Ontario Premier Doug Ford saying he will be using the notwithstanding clause to force cuts to Toronto's city council despite a scathing court ruling that said it violated the Charter, and amid Alberta's suggestion that it's an option for Prime Minister Justin Trudeau to revive the now stalled Trans Mountain pipeline expansion, here's an explainer on the often-controversial clause.
"I believe the judge's decision is deeply, deeply concerning", he said at a press conference on Monday.
Green party Leader Mike Schreiner said the premier's move appeared motivated by an "apparent personal vendetta" against Toronto city council.
"My concern is democracy", the premier said.
"I appreciate his support for democratic principles, democratic institutions, and the importance of respecting cities", Tory said on Twitter. "The Better Local Government Act will reduce the size and cost of government while reducing dysfunction at City Hall".
Coun. Kristyn Wong-Tam added that an appeal for the province would be a "steep uphill climb". First, candidates who had already made a decision to run under the old system were deeply impacted.
Ford had argued it would improve decision-making on the council.
Canada has a "problem" when a provincial premier can overrule the country's courts, former Prime Minister Brian Mulroney said Tuesday.
Why didn't he campaign on it in the June provincial election? The idea that governments might see their legislative goals struck down by a single judge was, he said, "scary".
This has always been evident from what details we know of Premier Ford's personal life before and after he entered politics, not to mention his conduct and that of his late little brother Rob when the latter was the out-of-control mayor of Toronto.
Ford had previously said that Ottawa was a special case. But an appeal takes time and the election of Toronto council - of whatever size - is set to take place next month.
Belobaba said he could not make a ruling in regards to the selection process for the regional chair positions in York Region, Muskoka, Niagara, and Peel Region.
"The only people who are fighting this bill are left-wing councillors who want to continue their free ride on the taxpayers, along with a network of activist groups that have entrenched themselves with power over the years", said Ford.