ontario regulation 169/05

made under the

Municipal Act, 2001

Made: April 6, 2005
Filed: April 8, 2005
Printed in The Ontario Gazette: April 23, 2005

Amending O. Reg. 168/03

(Municipal Business Corporations)

1. Ontario Regulation 168/03 is amended by adding the following section:

City of Brampton

3.1 (1) In this section,

“downtown core” means the area designated by by-law of the City of Brampton under section 204 or 209 of the Act as an improvement area for the board of management known as the Downtown Brampton Business Association.

(2) The City of Brampton may incorporate a single corporation under Part III of the Corporations Act for one or more of the following economic development purposes:

1. To improve, beautify and maintain municipally-owned land, buildings and structures in the downtown core beyond the standard provided at the expense of the municipality generally, and to promote the downtown core as a business or shopping area.

2. To provide for the establishment of a counselling service to small businesses operating or proposing to operate in the downtown core.

3. To undertake community improvement consistent with a community improvement plan approved by the municipality for the downtown core under subsection 28 (4) of the Planning Act through,

i. the development or redevelopment of sites in the downtown core owned or held by the corporation for a residential, industrial, commercial or institutional use,

ii. the construction, operation and maintenance of one or more housing projects used in whole or in part for residential accommodation in the downtown core, including facilities used for ancillary purposes, and located in one or more buildings used in whole or in part for residential accommodation,

iii. the sale, lease or other disposition or encumbrance of all or part of those sites.

4. To establish a program for providing grants that is consistent with any of the purposes set out in paragraph 1, 2 or 3 or with the purpose set out in paragraph 6.

5. To construct, operate, maintain and own, including ownership of the land related thereto, one or more of the following facilities or institutions:

i. Performing arts facilities.

ii. Heritage institutions.

iii. Amusement facilities.

iv. Convention and visitors’ bureau facilities.

6. To achieve the purpose described in paragraph 3 of subsection 2 (1).

7. To achieve the purpose described in subparagraph 6 iii of subsection 2 (1).

(3) The following rules apply to the corporation:

1. The corporation may operate only within, and with respect to businesses or activities located within, the boundaries of the downtown core.

2. Only persons who are members of the improvement area known as the Downtown Brampton Business Association and members of the City of Brampton council are eligible to be members of the corporation.

3. A minimum of one-third of the members of the board of directors of the corporation shall be members of the City of Brampton council.

4. The corporation shall prepare a proposed budget for each fiscal year by the date and in the form required by the City of Brampton and shall hold one or more meetings of the members of the corporation for discussion of the proposed budget.

5. The corporation shall submit the budget to council by the date and in the form required by the City of Brampton and the City may approve it in whole or in part but may not add expenditures to it.

6. The corporation shall not,

i. spend any money unless it is included in the budget approved by the municipality, or

ii. incur indebtedness extending beyond the current year without the prior approval of the City.

(4) Within 10 years of the date the corporation is incorporated, the City shall undertake an evaluation and review of the corporation’s operations and, in so doing, shall have regard to,

(a) the usefulness and continued provision by the City of financial or other assistance to the corporation; and

(b) the possible winding-up of the corporation.

(5) The corporation shall, with necessary modifications, be deemed to be a board of management for the purposes of section 207 of the Act. 

(6) Despite subsection 20 (1) of this Regulation, a corporation incorporated under this section is a local board of the City of Brampton for the purposes of section 326 of the Act.

(7) The following are prescribed as special services for the purposes of clause 326 (1) (a) of the Act:

1. Economic development services provided by and for the purposes of a corporation incorporated under this section.

(8) The following limits apply to the use of the powers established under subsection (7):

1. A special local municipal levy made under that subsection shall only be on rateable property in the downtown core that belongs to a class of property prescribed under the Assessment Act as a business property class for the purposes of sections 204 to 214 of the Act.

2. The City of Brampton shall only raise money under that subsection in a year if the City does not in the same year raise money under section 208 of the Act for the purposes of the board of management known as the Downtown Brampton Business Association.

2. Paragraph 5 of subsection 6 (2) of the Regulation is amended by adding at the end “and the fair market value of and explanation for any proposed program for assistance to be provided to the corporation at less than fair market value under section 19”.

3. (1) Section 19 of the Regulation is amended by adding the following subsection:

(2.1) Despite subsection (1), the City of Brampton may provide assistance to a corporation if the corporation is incorporated under subsection 3.1 (2) and the assistance is provided under the authority of subsection 28 (6) or (7) of the Planning Act. 

(2) Subsection 19 (5) of the Regulation is amended by adding “(2.1)” after “(2)” in the portion before clause (a).

(3) Subsection 19 (6) of the Regulation is amended by adding at the end “or (2.1)”.

4. Section 22 of the Regulation is amended by adding the following subsection:

(4.1) Despite subsection (1), the City of Brampton may sell land that has existing buildings or structures on it to a corporation incorporated under subsection 3.1 (2) if the sale is consistent with the City exercising its authority under subsection 28 (6) or (7) of the Planning Act.