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O. Reg. 216/96: RESTRUCTURING PROPOSALS

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

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current May 16, 2003 (e-Laws currency date)

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Municipal Act, 2001

ONTARIO REGULATION 216/96

formerly under Municipal Act

RESTRUCTURING PROPOSALS

Consolidation Period: From May 16, 2003 to the e-Laws currency date.

Last amendment: O. Reg. 205/03.

This is the English version of a bilingual regulation.

1. (1) In this Regulation,

“double majority” has the meaning given to that phrase under subsections (2), (3) and (5); (“double majorité”)

“part”, in relation to an upper-tier municipality, means part of the upper-tier municipality for municipal purposes. (“partie”) O. Reg. 216/96, s. 1 (1); O. Reg. 422/96, s. 1 (1); O. Reg. 205/03, s. 1 (1).

(2) A double majority of local municipalities is a majority of the local municipalities with more than half of the electors in all the local municipalities.

(3) A double majority of a group consisting of local municipalities and local bodies for unorganized territories is a majority of the group with more than half of the electors in all the local municipalities and local bodies in the group. O. Reg. 216/96, s. 1 (2, 3).

(4) Revoked: O. Reg. 422/96, s. 1 (2).

(5) For the purposes of subsections (2) and (3), the number of electors in a local municipality, unorganized territory or an upper-tier municipality, in relation to a restructuring proposal, shall be determined as follows:

1. In local municipalities, upper-tier municipalities and unorganized territory where a school board has jurisdiction, the number of electors is the number of persons whose names appear on the voters’ list, as amended up until the close of voting on voting day at the most recent regular election under the Municipal Elections Act, 1996 preceding the submission of a restructuring proposal to the Minister under subsection 173 (1) of the Municipal Act, 2001.

2. In unorganized territory where a school board does not have jurisdiction, the number of electors is the number of individuals whose names are registered, as owners or tenants in the unorganized territory, in the provincial land tax register kept under the Provincial Land Tax Act. The register used shall be the register for the 31st day of December following the close of voting on voting day at the most recent regular election under the Municipal Elections Act, 1996. If the register for that date is not yet available at the time the restructuring proposal is submitted to the Minister the register used shall be the register for the 31st day of December preceding that date. O. Reg. 205/03, s. 1 (2).

2. (1) If unorganized territory would, as the result of a restructuring proposal, become part of a local municipality, persons who would have been entitled to be electors in an election in the unorganized territory under section 17 of the Municipal Elections Act, 1996 had the unorganized territory been a local municipality form a local body for the purposes of section 172 of the Municipal Act, 2001. O. Reg. 205/03, s. 2.

(2) There shall be a single local body under subsection (1) for all the unorganized territory that would, as a result of a restructuring proposal, become part of the same local municipality. O. Reg. 216/96, s. 2 (2).

3. (1) The following types of restructuring are established as types of restructuring for the purposes of subsection 173 (1) of the Act:

1. Amalgamating local municipalities or annexing to a local municipality, a part of a local municipality or unorganized territory.

2. Separating a local municipality or part of a local municipality from an upper-tier municipality.

3. Joining a local municipality, part of a local municipality or unorganized territory to an upper-tier municipality

4. Incorporating or dissolving an upper-tier municipality.

5. Amalgamating upper-tier municipalities.

6. Dissolving all or part of a local municipality.

7. Incorporating a local municipality. O. Reg. 216/96, s. 3 (1); O. Reg. 422/96, s. 2 (1); O. Reg. 205/03, s. 3 (1-3).

(2) Subsection (1) does not include,

(a) a restructuring that results in any part of an upper-tier municipality not being part of a local municipality;

(b) a restructuring that results in any part of a local municipality,

(i) being part of more than one upper-tier municipality, or

(ii) being part of an upper-tier municipality if any other part of the local municipality is not part of that upper-tier municipality;

(c) a restructuring that results in an upper-tier municipality consisting of a single local municipality;

(d) a restructuring that results in territory becoming unorganized territory;

(e) a restructuring that results in an increase in the number of local municipalities;

(f) a restructuring referred to in paragraph 7 of subsection 3 (1) that results in unorganized territory becoming part of the local municipality that is incorporated. O. Reg. 216/96, s. 3 (2); O. Reg. 422/96, s. 2 (2); O. Reg. 205/03, s. 3 (4-6).

4. The following support is necessary for a restructuring proposal:

1. The support of a double majority of the group consisting of,

i. every local municipality that, as a result of the restructuring proposal, would have any part of its boundaries changed, would be dissolved or would be amalgamated with another local municipality,

ii. every local municipality that, as a result of the restructuring proposal, would be separated from an upper-tier municipality or would become part of an upper-tier municipality, and

iii. every local body for unorganized territory that would, as a result of the restructuring proposal, become part of a local municipality.

2. The support of an upper-tier municipality if, as a result of the restructuring proposal,

i. a local municipality that is part of the upper-tier municipality would have any part of its boundaries changed, would be dissolved or would be amalgamated with another local municipality, or

ii. the upper-tier municipality would have any part of its boundaries changed, would be dissolved or would be amalgamated with another upper-tier municipality.

3. The support of a separated municipality that, as a result of the restructuring proposal, would have any part of its boundaries changed, would be dissolved, would be amalgamated with another local municipality or would become part of an upper-tier municipality. O. Reg. 422/96, s. 3; O. Reg. 205/03, s. 4.

5.-9. Revoked: O. Reg. 422/96, s. 3.

10. (1) A local municipality or upper-tier municipality may support a restructuring proposal by by-law or resolution. O. Reg. 216/96, s. 10 (1); O. Reg. 205/03, s. 5.

(2) Revoked: O. Reg. 422/96, s. 4.

11. (1) Whether or not the local body for an unorganized territory supports a restructuring proposal shall be determined by a majority vote at a meeting called in accordance with the procedure in subsection (3). O. Reg. 216/96, s. 11 (1).

(2) A person is eligible to vote at the meeting if the person would have been entitled to be an elector at an election in the unorganized territory under section 17 of the Municipal Elections Act, 1996 had the unorganized territory been a local municipality. O. Reg. 205/03, s. 6.

(3) The following is the procedure for a meeting to determine if the local body for an unorganized territory supports a proposal:

1. A person who is eligible to vote may call a meeting.

2. The meeting must be held in the unorganized territory or in an adjacent local municipality.

3. To call a meeting the person must give at least 14 days notice of the meeting,

i. by publication in a newspaper that, in the opinion of the person, is of general circulation throughout the unorganized territory, or

ii. if the person is of the opinion that there is no such newspaper, by any other means which, in the opinion of the person, will give the persons who are eligible to vote adequate notice of the meeting.

4. The notice of the meeting must set out,

i. the purpose of the meeting,

ii. where and when the meeting will be held,

iii. a description of who may vote at the meeting,

iv. where and when a copy of the restructuring proposal is available for inspection as required under paragraph 5.

5. The person calling a meeting shall ensure that a copy of the restructuring proposal is available for inspection within the unorganized territory or an adjacent local municipality at a place and at times that, in the opinion of the person, are reasonable.

6. The meeting shall be chaired by a person who is eligible to vote elected by the persons attending the meeting who are eligible to vote.

7. The chair of the meeting shall conduct a vote by the persons who attend the meeting to determine if the restructuring proposal is supported. The chair may determine how to conduct the vote. The chair shall record the results of the vote and the number of votes cast supporting the proposal and the number of votes cast not supporting the proposal.

8. If the only person attending the meeting is the person who called the meeting,

i. that person shall record whether he or she supported or opposed the proposal, and

ii. the procedures set out in paragraphs 6 and 7 do not apply to that meeting. O. Reg. 216/96, s. 11 (3), O. Reg. 639/00, s. 1.

(4) If more than one meeting is held before a restructuring proposal is submitted to the Minister and the results conflict, the decision of the local body is the decision of the meeting at which the most votes were cast. O. Reg. 216/96, s. 11 (4).

(5) For the purposes of subsection (4), the votes cast include votes that either support or do not support the proposal but do not include spoiled ballots. O. Reg. 216/96, s. 11 (5).

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