ontario regulation 371/07

made under the

municipal Act, 2001

Made: June 20, 2007
Filed: July 23, 2007
Published on e-Laws: July 24, 2007
Printed in The Ontario Gazette: August 11, 2007

Amending O. Reg. 599/06

(Municipal Services Corporations)

1. Ontario Regulation 599/06 is amended by adding the following section:

Special corporation, Windsor-Detroit Tunnel

10.1 (1) The City of Windsor may, by itself or together with one or more other public sector entities, use the powers referred to in paragraphs 1 to 5 of subsection 203 (1) of the Act in relation to a corporation that satisfies the following conditions:

1. It carries on business,

i. in the City of Detroit and elsewhere in the State of Michigan, or

ii. in the City of Detroit, elsewhere in the State of Michigan and in the City of Windsor.

2. Its purposes are restricted to,

i. managing, operating and maintaining all or part of the Tunnel,

ii. holding shares in one or more corporations established for the purpose of managing, operating and maintaining all or part of the Tunnel, or

iii. a combination of the purposes listed in subparagraphs i and ii.

(2) Sections 10 and 16 do not apply to a corporation established under subsection (1).

(3) Without limiting the generality of subsection (1), the power to establish a corporation under that subsection includes power to incorporate a corporation under the laws of the State of Michigan.

(4) Nothing in subsection (1) prevents the City of Windsor from using the powers referred to in subsection 203 (1) of the Act in relation to a corporation that carries on business in relation to the Tunnel only in the City of Windsor.

(5) In this section,

“City of Detroit” means the City of Detroit in the State of Michigan;

“State of Michigan” means the State of Michigan in the United States of America;

“Tunnel” means the motor vehicle tunnel that connects the City of Windsor with the City of Detroit, and includes any ancillary facilities for the transfer of passengers between municipal transportation systems of the City of Windsor and the City of Detroit.

2. (1) Subsection 18 (3) of the Regulation is amended by striking out “Despite section 10 and subsection (2)” at the beginning and substituting “Despite subsection (2)”.

(2) Section 18 of the Regulation is amended by adding the following subsection:

(4.1) Subsections (3) and (4) do not apply to a corporation established under section 10 or 10.1.

3. This Regulation comes into force on the day it is filed.