O. Reg. 799/92: GENERAL, London-Middlesex Act, 1992, S.O. 1992, c. 27
London-Middlesex Act, 1992
Loi de 1992 sur London et Middlesex
ONTARIO REGULATION 799/92
Amended to: O. Reg. 415/03
GENERAL
Note: This Regulation was revoked on December 4, 2003. See: O. Reg. 415/03, s. 2 (1).
This Regulation is made in English only.
PART I
DEVELOPMENT CHARGES
1. (1) In this Part,
“development charges by-law” means a by-law passed by a municipality from which land is annexed, an annexing municipality or the County of Middlesex under section 3 of the Development Charges Act on or before the 31st day of December, 1992.
(2) In respect of a development charges by-law, a reference to a clerk of a municipality in this Part or in section 4 of the Development Charges Act means the clerk of the municipality which passed the development charges by-law.
(3) Despite subsection (2), in respect of a development charges by-law passed by the Town of Westminster, a reference to a clerk of a municipality in this Part or in section 4 of the Development Charges Act means the clerk of the City of London. O. Reg. 799/92, s. 1.
2. (1) If the hearing of an appeal of a development charges by-law under section 4 of the Development Charges Act has not been held or has not been completed and, as a result of the annexations under the Act, any part of the land affected by the by-law is located in a municipality other than the municipality which passed the by-law, the clerk of the municipality shall,
(a) forward a copy of the notice of appeal and record with respect to the by-law to the clerk of each affected municipality at the same time those documents are forwarded to the Ontario Municipal Board under subsection 4 (7) of the Development Charges Act; or
(b) if documents described in clause (a) have already been forwarded to the Municipal Board, immediately forward a copy of those documents to the clerk of each affected municipality.
(2) Each affected municipality is entitled to be a party at the hearing of the appeal of the by-law. O. Reg. 799/92, s. 2.
3. (1) If the appeal period under subsection 4 (4) of the Development Charges Act with respect to a development charges by-law has not expired as of the 31st day of December, 1992, the appeal period under that subsection is extended until twenty days after written notice under subsection (2) is given.
(2) The clerk of the municipality shall, not later than the 15th day of January, 1993, give written notice of the by-law and the extended appeal period in accordance with subsection 4 (3) of the Development Charges Act. O. Reg. 799/92, s. 3.
4. (1) The Ontario Municipal Board shall consider an appeal of a development charges by-law under section 4 of the Development Charges Act as if the annexations under the Act had not occurred.
(2) Despite subsection (1), the Municipal Board may consider the annexations under the Act when making a decision to reduce a development charge imposed by the development charges by-law on all or any part of the land affected by the by-law.
(3) A decision of the Municipal Board under subsection 4 (11) of the Development Charges Act with respect to a development charges by-law shall set out,
(a) the decision of the Municipal Board made as if the annexations under the Act had not occurred; and
(b) the reductions, if any, in the development charges imposed by the by-law which the Municipal Board considers appropriate after considering the annexations under the Act. O. Reg. 799/92, s. 4.
PART II
NOTICE REQUIREMENTS
5. (1) Notice under subsection 28 (9) of the Act of a public meeting to inform the public of a proposed by-law shall be in Form 1.
(2) Notice under subsection 28 (12) of the Act of the passing of a by-law shall be in Form 2. O. Reg. 799/92, s. 5.
6. Notice under section 5 shall be given,
(a) by publication in a newspaper or newspapers that are, in the opinion of the clerk of the City of London, of sufficiently general circulation in the municipality to give the public reasonable notice of the meeting or the passing of the by-law; and
(b) by personal service or prepaid first class mail,
(i) to every person that has given the clerk of the City of London a written request, including the person’s address, to receive notice of the public meeting or of the passing of the by-law,
(ii) to the clerk of each local municipality any part of which is within one kilometre of the area to which the by-law applies,
(iii) to the secretary of every municipal or other corporation operating an electric utility in the City of London,
(iv) to the manager of the London field management office of the Ministry of Municipal Affairs,
(v) to the vice-president of regions of Ontario Hydro, and
(vi) to the deputy minister of the Ministry of Energy. O.Reg. 799/92, s. 6.
7. Omitted (provides for coming into force of provisions of this Regulation). O.Reg. 799/92, s. 7.
FORM 1
London-Middlesex Act, 1992
NOTICE OF A PUBLIC MEETING REGARDING
A PROPOSED BY-LAW OF
THE CORPORATION OF THE CITY OF LONDON
O. Reg. 799/92, Form 1.
FORM 2
London-Middlesex Act, 1992
NOTICE OF THE PASSING OF A BY-LAW
BY THE CORPORATION OF THE CITY OF LONDON
O. Reg. 799/92, Form 2.
