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O. Reg. 42/18: DISSOLUTION OF AND PRESCRIBED CHANGES TO INVESTMENT BOARD OR JOINT INVESTMENT BOARD

under Municipal Act, 2001, S.O. 2001, c. 25

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Versions
current March 1, 2018 (e-Laws currency date)
February 27, 2018 February 28, 2018

Municipal Act, 2001

ONTARIO REGULATION 42/18

DISSOLUTION OF AND PRESCRIBED CHANGES TO INVESTMENT BOARD OR JOINT INVESTMENT BOARD

Historical version for the period February 27, 2018 to February 28, 2018.

Note: THIS REGULATION IS NOT YET IN FORCE. It comes into force on March 1, 2018, day section 72 of Schedule 1 to the Modernizing Ontario’s Municipal Legislation Act, 2017 comes into force.

No amendments.

This is the English version of a bilingual regulation.

Interpretation

1. (1) In this Regulation,

“Investment Board” means an Investment Board within the meaning of Part II of Ontario Regulation 438/97 (Eligible Investments, Related Financial Agreements and Prudent Investment) made under the Act and includes, for the purposes of subparagraph 2 i and paragraph 3 of subsection 2 (2), subparagraph 2 i and paragraph 3 of subsection 3 (2) and paragraph 4 of subsection 4 (3), the Toronto Investment Board; (“commission des placements”)

“Joint Investment Board” has the same meaning as in Part II of Ontario Regulation 438/97 made under the Act; (“Commission mixte des placements”)

“Toronto Investment Board” has the same meaning as in Part II of Ontario Regulation 438/97 made under the Act. (“Commission des placements de Toronto”)

(2) For greater certainty, this Regulation applies to an Investment Board or Joint Investment Board established in order to meet a condition set out in this Regulation.

Dissolution of Investment Board

2. (1) Subject to subsection (2), a municipality does not have the power to dissolve an Investment Board.

(2) Despite subsection (1), a municipality may dissolve an Investment Board that it has established if all of the following conditions are met:

1. No other municipalities are investing through the Investment Board.

2. The municipality has done one of the following:

i. Entered into an agreement with another municipality that has established an Investment Board, that Investment Board and any other municipalities investing through that Investment Board to invest through that Investment Board following the dissolution.

ii. Entered into an agreement with the municipalities that have established a Joint Investment Board, that Joint Investment Board and any other municipalities investing through that Joint Investment Board to invest through that Joint Investment Board following the dissolution.

iii. Established a Joint Investment Board with one or more other municipalities.

3. The municipality has given the Investment Board or Joint Investment Board through which it will be investing the control and management of its investments by delegating to the board,

i. the municipality’s powers to make the investments, and

ii. the municipality’s duties under section 418.1 of the Act.

Dissolution of Joint Investment Board

3. (1) Subject to subsection (2), a municipality does not have the power to dissolve a Joint Investment Board.

(2) Despite subsection (1), two or more municipalities that have established a Joint Investment Board may dissolve it if all of the following conditions are met:

1. No other municipalities are investing through the Joint Investment Board.

2. Each municipality has done one of the following:

i. Entered into an agreement with another municipality that has established an Investment Board, that Investment Board and any other municipalities investing through that Investment Board to invest through that Investment Board.

ii. Entered into an agreement with the municipalities that have established a Joint Investment Board, that Joint Investment Board and any other municipalities investing through that Joint Investment Board to invest through that Joint Investment Board.

iii. Established an Investment Board on its own or established a Joint Investment Board with one or more other municipalities.

3. Each municipality has given the Investment Board or Joint Investment Board through which it will be investing the control and management of its investments by delegating to the board,

i. the municipality’s powers to make the investments, and

ii. the municipality’s duties under section 418.1 of the Act.

Prescribed change, withdrawal from Joint Investment Board

4. (1) For the purposes of clause 216 (7) (c) of the Act, the withdrawal by a municipality from investing through a Joint Investment Board that the municipality established is a prescribed change.

(2) Subject to subsection (3), a municipality does not have the power to withdraw from investing through a Joint Investment Board that it established.

(3) Despite subsection (2), a municipality that has established a Joint Investment Board with two or more other municipalities may withdraw from investing through it if all of the following conditions are met:

1. All the municipalities investing through the board agree to the withdrawal.

2. The Joint Investment Board is not dissolved upon the withdrawal.

3. The other municipalities that established the Joint Investment Board have, in the opinion of each of their treasurers, a combined total of at least $100,000,000 in money and investments that the municipalities do not require immediately.

4. The municipality has taken one of the actions described in subparagraph 2 i, ii or iii of subsection 3 (2) and has given the Investment Board or Joint Investment Board through which it will be investing the control and management of its investments by delegating to the board,

i. the municipality’s powers to make the investments, and

ii. the municipality’s duties under section 418.1 of the Act.

5. Omitted (provides for coming into force of provisions of this Regulation).