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Town of Moosonee Act, 2000

S.O. 2000, CHAPTER 5
Schedule

Consolidation Period:  From April 19, 2021 to the e-Laws currency date.

Last amendment: 2021, c. 4, Sched. 6, s. 95.

Legislative History: 2021, c. 4, Sched. 6, s. 95.

Definitions

1 In this Act,

“Board” means The Moosonee Development Area Board as it exists on December 31, 2000; (“Conseil”)

“municipal area” means the area that comprises the geographic area of jurisdiction of The Moosonee Development Area Board on December 31, 2000; (“secteur municipal”)

“town” means The Corporation of the Town of Moosonee incorporated by this Act. (“ville”)  2000, c. 5, Sched., s. 1.

Corporation

2 (1) On January 1, 2001, the inhabitants of the municipal area are constituted a body corporate under the name The Corporation of the Town of Moosonee in English and ville de Moosonee in French.  2000, c. 5, Sched., s. 2 (1).

Local municipality

(2) The body corporate is a town and a local municipality for all purposes.  2000, c. 5, Sched., s. 2 (2).

Clerk, treasurer

(3) The person who is the secretary-treasurer of the Board on December 31, 2000 becomes the clerk and treasurer of the town on January 1, 2001.  2000, c. 5, Sched., s. 2 (3).

Council

3 (1) The town council is composed of the mayor and four other members, all of whom shall be elected by general vote of the electors of the town.  2000, c. 5, Sched., s. 3 (1).

Rules – 2000 election

(2) The following special rules apply to the members of the town council elected in the 2000 regular election:

1. Despite section 6 of the Municipal Elections Act, 1996, the member’s terms of office begin on January 1, 2001.

2. Despite subsection 49 (1) of the Municipal Act, the first meeting of the council shall be held on or before January 9, 2001.  2000, c. 5, Sched., s. 3 (2).

Dissolution

4 (1) On January 1, 2001, The Moosonee Development Area Board is dissolved and the town stands in the place of the Board for all purposes.  2000, c. 5, Sched., s. 4 (1).

Transfer

(2) All the assets and liabilities of the Board on December 31, 2000, including all rights, interests, approvals, status, registrations, entitlements and contractual benefits and obligations become assets and liabilities of the town on January 1, 2001, without compensation, and the town has the same rights and powers to collect and recover all unpaid taxes imposed by the Board, as if such taxes had been imposed by the town.  2000, c. 5, Sched., s. 4 (2).

By-laws

(3) Every by-law or resolution of the Board that is in force on December 31, 2000 shall be deemed to be a by-law or resolution of the town council on January 1, 2001.  2000, c. 5, Sched., s. 4 (3).

Employees

(4) A person who is an employee of the Board on December 31, 2000, and who would, but for this Act, still be an employee of the Board on January 1, 2001 is entitled to be an employee of the town on January 1, 2001.  2000, c. 5, Sched., s. 4 (4).

Same

(5) A person’s employment with the Board shall be deemed not to have been terminated for any purpose by anything in subsection (4).  2000, c. 5, Sched., s. 4 (5).

Emergency powers

(6) Despite subsection (1), until the town council elected in the 2000 regular election is organized, the Board continues to have the powers it possesses on December 31, 2000 for the purpose of dealing with emergencies.  2000, c. 5, Sched., s. 4 (6).

Special jurisdiction

5 (1) Part III of the Municipal Affairs Act applies with respect to the town and the Ministry of Municipal Affairs and Housing and the Ontario Municipal Board have the powers described in that Part in relation to the town.  2000, c. 5, Sched., s. 5 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 5 (1) of the Act is amended by striking out “Ontario Municipal Board” and substituting “Ontario Land Tribunal”. (See: 2021, c. 4, Sched. 6, s. 95 (1))

Elimination of powers

(2) The Minister of Municipal Affairs and Housing may, by regulation, provide that Part III of the Municipal Affairs Act ceases to apply with respect to the town and on the day that the regulation comes into force, the Ministry and the Board shall cease to have the powers described in that Part in respect of the town.  2000, c. 5, Sched., s. 5 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 5 (2) of the Act is amended by striking out “Board” and substituting “Tribunal”. (See: 2021, c. 4, Sched. 6, s. 95 (2))

Section Amendments with date in force (d/m/y)

2021, c. 4, Sched. 6, s. 95 (1, 2) - not in force

Conduct of 2000 election

6 (1) The secretary-treasurer of the Board shall conduct the regular election in 2000 in the municipal area under the Municipal Elections Act, 1996.  2000, c. 5, Sched., s. 6 (1).

Same

(2) The Board shall act as the council for the purpose of making the decisions that the council is required to make under the Municipal Elections Act, 1996, for the regular election but once the council of the town is organized, the council of the town shall make those decisions.  2000, c. 5, Sched., s. 6 (2).

Transitional matters

7 (1) Despite this or any other Act, until December 31, 2003 the Minister of Municipal Affairs and Housing may, by regulation, provide for transitional matters which the Minister considers necessary or expedient to implement the incorporation of the town.  2000, c. 5, Sched., s. 7 (1).

Conflicts

(2) In the event of a conflict between a regulation made under subsection (1) and this or any other Act, the regulation prevails.  2000, c. 5, Sched., s. 7 (2).

8 Omitted (enacts short title of this Act).  2000, c. 5, Sched., s. 8.

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