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

 

Municipal Act, 2001

S.O. 2001, Chapter 25

Historical version for the period December 20, 2006 to December 31, 2006.

Amended by:  2002, c. 8, Sched. I, s. 17; 2002, c. 17, Sched. A; 2002, c. 22, ss. 151-161; 2002, c. 24, Sched. B, ss. 25, 42; 2002, c. 33, s. 145; 2003, c. 4, s. 12; 2003, c. 7, s. 14; 2004, c. 7, ss. 11-13; 2004, c. 8, s. 46; 2004, c. 31, Sched. 26; 2005, c. 5, s. 44; 2005, c. 8; 2005, c. 31, Sched. 17; 2005, c. 33, ss. 11-13; 2006, c. 2, s. 49; 2006, c. 9, Sched. H, s. 5; 2006, c. 11, Sched. B, s. 9; 2006, c. 19, Sched. D, s. 13; 2006, c. 19, Sched. O, s. 3; 2006, c. 21, Sched. C, s. 118; 2006, c. 21, Sched. F, ss. 120, 136 (1); 2006, c. 23, ss. 34, 36; 2006, c. 32, Sched. A; 2006, c. 33, Sched. V; 2006, c. 33, Sched. Z.3, s. 17; 2006, c. 34, Sched. D, s. 96; 2006, c. 35, Sched. C, ss. 86, 134 (3).

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CONTENTS

PART I
GENERAL

Interpretation

1. (1) In this Act,

“assessment corporation” means the Municipal Property Assessment Corporation; (“société d’évaluation foncière”)

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 1 (2) by adding the following definition:

“business licensing by-law” means, in respect of a municipality, a by-law of the municipality providing for a system of licences with respect to a business passed under paragraph 11 of subsection 10 (2) or paragraph 11 of subsection 11 (3) or under section 151 if the by-law could also be passed by the municipality under one of those paragraphs; (“règlement sur les permis d’entreprise”)

See: 2006, c. 32, Sched. A, ss. 1 (2), 192 (2).

“county” means an upper-tier municipality that was a county, including the Frontenac Management Board, on the day before this Act came into force; (“comté”)

“economic development services” means, in respect of a municipality, the promotion of the municipality for any purpose by the collection and dissemination of information and the acquisition, development and disposal of sites by the municipality for industrial, commercial and institutional uses; (“services de développement économique”)

Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “economic development services” is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 1 (1) and the following substituted:

“economic development services” means, in respect of a municipality, the promotion of the municipality by the municipality for any purpose by the collection and dissemination of information and the acquisition, development and disposal of sites by the municipality for industrial, commercial and institutional uses; (“services de développement économique”)

See: 2006, c. 32, Sched. A, ss. 1 (1), 192 (2).

“First Nation” means a band as defined in the Indian Act (Canada); (“Première nation”)

“highway” means a common and public highway and includes any bridge, trestle, viaduct or other structure forming part of the highway and, except as otherwise provided, includes a portion of a highway; (“voie publique”)

“land” includes buildings; (“bien-fonds”)

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 1 (2) by adding the following definition:

“licence”, in relation to a licence issued under this Act, includes a permit, an approval, a registration and any other type of permission, and “licensing” has a corresponding meaning; (“permis”)

See: 2006, c. 32, Sched. A, ss. 1 (2), 192 (2).

“local board” means a municipal service board, transportation commission, public library board, board of health, police services board, planning board, or any other board, commission, committee, body or local authority established or exercising any power under any Act with respect to the affairs or purposes of one or more municipalities, excluding a school board and a conservation authority; (“conseil local”)

Note: On a day to be named by proclamation of the Lieutenant Governor, the French version of the definition of “local board” is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 1 (3). See: 2006, c. 32, Sched. A, ss. 1 (3), 192 (2).

“local municipality” means a single-tier municipality or a lower-tier municipality; (“municipalité locale”)

“lower-tier municipality” means a municipality that forms part of an upper-tier municipality for municipal purposes; (“municipalité de palier inférieur”)

“Minister” means the Minister of Municipal Affairs and Housing; (“ministre”)

“municipality” means a geographic area whose inhabitants are incorporated; (“municipalité”)

“old Act” means the Municipal Act, being chapter M.45 of the Revised Statutes of Ontario, 1990, as it read immediately before its repeal under this Act; (“ancienne loi”)

“person” includes a municipality unless the context otherwise requires; (“personne”)

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 1 (2) by adding the following definition:

“power”, in relation to the authority of a municipality or other body, includes capacity, rights, powers and privileges; (“pouvoir”)

See: 2006, c. 32, Sched. A, ss. 1 (2), 192 (2).

“prescribed” means prescribed by regulations made under this Act; (“prescrit”)

“public utility” means,

(a) a system that is used to provide any of the following services or things for the public:

(i) water,

(ii) sewage,

(iii) fuel, including natural and artificial gas,

(iv) energy, excluding electricity,

(v) heating and cooling, and

(vi) telephone, and

(b) the service or thing that is provided; (“service public”)

“rateable property” means land that is subject to municipal taxation; (“bien imposable”)

“record” means information however recorded or stored, whether in printed form, on film, by electronic means or otherwise, and includes documents, financial statements, minutes, accounts, correspondence, memoranda, plans, maps, drawings, photographs and films; (“document”)

“regional municipality” means an upper-tier municipality that was a regional or district municipality or the County of Oxford on December 31, 2002; (“municipalité régionale”)

“regular election” means the regular election referred to in subsection 4 (1) of the Municipal Elections Act, 1996; (“élections ordinaires”)

“sewage” includes,

(a) storm water and other drainage from land, and

(b) commercial wastes and industrial wastes that are disposed of in a sewage system; (“eaux d’égout”)

“single-tier municipality” means a municipality, other than an upper-tier municipality, that does not form part of an upper-tier municipality for municipal purposes; (“municipalité à palier unique”)

“spouse” means a person,

(a) to whom the person is married, or

(b) with whom the person is living outside marriage in a conjugal relationship, if the two persons,

(i) have cohabited for at least one year,

(ii) are together the parents of a child, or

(iii) have together entered into a cohabitation agreement under section 53 of the Family Law Act; (“conjoint”)

“system” means one or more programs or facilities (including real and personal property) of a person used to provide services and things to the person or to any other person and includes administration related to the programs, facilities, services and things; (“réseau”, “système”)

“transportation system” includes harbours, ports and transportation terminals; (“réseau de transport”)

“unorganized territory” means a geographic area without municipal organization; (“territoire non érigé en municipalité”)

“upper-tier municipality” means a municipality of which two or more lower-tier municipalities form part for municipal purposes. (“municipalité de palier supérieur”)  2001, c. 25, s. 1 (1); 2005, c. 5, s. 44 (1, 2); 2006, c. 9, Sched. H, s. 5 (1).

Municipality

(2) In this Act, a reference to a municipality is a reference to its geographical area or to the municipal corporation, as the context requires.  2001, c. 25, s. 1 (2).

Amount added to tax roll

(2.1) If, under this or any other Act, an amount is given priority lien status, the amount may be added to the tax roll against the property in respect of which the amount was imposed or against any other property in respect of which the amount was authorized to be added by this or any other Act.  2002, c. 17, Sched. A, s. 1 (1).

Amounts imposed by upper-tier, etc.

(2.2) The treasurer of a local municipality shall, upon the request of its upper-tier municipality, if any, or of a local board or school board whose area of jurisdiction includes any part of the local municipality, add amounts imposed by the upper-tier municipality, local board or school board, respectively, under subsection (2.1).  2002, c. 17, Sched. A, s. 1 (1).

Priority lien status

(3) If an amount is added to the tax roll in respect of a property under subsection (2.1) or (2.2), that amount, including interest,

(a) may be collected in the same manner as taxes on the property;

(b) may be recovered with costs as a debt due to the municipality from the assessed owner of the property at the time the fee or charge was added to the tax roll and from any subsequent owner of the property or any part of it;

(c) is a special lien on the property in the same manner as are taxes under subsection 349 (3); and

(d) may be included in the cancellation price under Part XI in the same manner as are taxes on the property.  2002, c. 17, Sched. A, s. 1 (2).

Application to other Acts

(4) This section applies to all other Acts or provisions of Acts affecting or relating to municipal matters unless the context otherwise requires.  2001, c. 25, s. 1 (4).

General definitions

(5) Unless the context otherwise requires, the terms “county”, “local municipality”, “lower-tier municipality”, “municipality”, “regional municipality”, “single-tier municipality” and “upper-tier municipality”, when used in any other Act or regulation, have the same meanings as in subsection (1).  2002, c. 17, Sched. A, s. 1 (3).

Purposes

2. Municipalities are created by the Province of Ontario to be responsible and accountable governments with respect to matters within their jurisdiction and each municipality is given powers and duties under this Act and many other Acts for purposes which include,

(a) providing the services and other things that the municipality considers are necessary or desirable for the municipality;

(b) managing and preserving the public assets of the municipality;

(c) fostering the current and future economic, social and environmental well-being of the municipality; and

(d) delivering and participating in provincial programs and initiatives.  2001, c. 25, s. 2.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 2 is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 2 and the following substituted:

Purposes

2. Municipalities are created by the Province of Ontario to be responsible and accountable governments with respect to matters within their jurisdiction and each municipality is given powers and duties under this Act and many other Acts for the purpose of providing good government with respect to those matters.  2006, c. 32, Sched. A, s. 2.

See: 2006, c. 32, Sched. A, ss. 2, 192 (2).

Consultation

3. (1) The Province of Ontario endorses the principle of ongoing consultation between the Province and municipalities in relation to matters of mutual interest and, consistent with this principle, the Province shall consult with municipalities in accordance with a memorandum of understanding entered into between the Province and the Association of Municipalities of Ontario.  2005, c. 8, s. 1.

Review

(2) The Ministry of Municipal Affairs and Housing shall initiate a review of this Act before the end of 2007 and thereafter within five years of the end of the previous review.  2001, c. 25, s. 3 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 3 by adding the following section:

Agreements with the federal government

3.1 The Province acknowledges that a municipality has the authority to enter into agreements with the Crown in right of Canada with respect to matters within the municipality’s jurisdiction.  2006, c. 32, Sched. A, s. 3.

See: 2006, c. 32, Sched. A, ss. 3, 192 (2).

Body corporate

4. The inhabitants of every municipality are incorporated as a body corporate.  2001, c. 25, s. 4.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 4 is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 4 by adding the following subsection:

Non-application

(2) The Corporations Act and the Corporations Information Act do not apply to a municipality.  2006, c. 32, Sched. A, s. 4.

See: 2006, c. 32, Sched. A, ss. 4, 192 (2).

Powers exercised by council

5. (1) The powers of a municipality shall be exercised by its council.  2001, c. 25, s. 5 (1).

Council a continuing body

(2) Anything begun by one council may be continued and completed by a succeeding council.  2001, c. 25, s. 5 (2).

Powers exercised by by-law

(3) A municipal power, including a municipality’s capacity, rights, powers and privileges under section 8, shall be exercised by by-law unless the municipality is specifically authorized to do otherwise.  2001, c. 25, s. 5 (3).

Note:  On a day to be named by proclamation of the Lieutenant Governor, subsection (3) is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 5 by striking out “section 8” and substituting “section 9”.  See:  2006, c. 32, Sched. A, ss. 5, 192 (2).

Scope

(4) Subsections (1) to (3) apply to all municipal powers, whether conferred by this Act or otherwise.  2001, c. 25, s. 5 (4).

Expropriation

6. (1) The power of a municipality to acquire land under this or any other Act includes the power to expropriate land in accordance with the Expropriations Act.  2001, c. 25, s. 6.

Extended power

(2) A municipality, local board or school board that has the authority to expropriate land may, with the approval of the Ontario Municipal Board, exercise the authority with respect to land or an interest in land owned by another municipality, local board or school board that has the authority to expropriate land.  2002, c. 17, Sched. A, s. 2.

Special Acts

7. (1) In this section,

“special Act” means an Act relating to a particular municipality.  2001, c. 25, s. 7 (1).

Relationship between this Act and special Acts

(2) Except where otherwise expressly or by necessary implication provided,

(a) this Act does not limit or restrict the powers of a municipality under a special Act; and

(b) a special Act does not limit or restrict the powers of a municipality under this Act.  2001, c. 25, s. 7 (2).

Override power

(3) Despite subsection (2) and the sections set out in subsection (4), a municipality may exercise its powers under any of the following provisions to override a special Act even if the special Act is more specific and is enacted more recently than the provision:

1. Section 187 (change of name).

2. Sections 188 to 193 (transfer of powers).

3. Section 216 (dissolution of local boards).

4. Sections 217, 218, 219, 220 and 221 (council composition).

5. Sections 222 and 223 (wards).

6. Any other provision of an Act that provides, expressly or by necessary implication, that the provision or the exercise of power under the provision prevails over the special Act.  2001, c. 25, s. 7 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (3) is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 6 and the following substituted:

Override power

(3) Despite subsection (2), a municipality may exercise its powers with respect to any of the following matters to override a special Act, even if the special Act is more specific and is enacted more recently than this Act:

1. Changing the name of the municipality.

2. Transferring powers between upper-tier and lower-tier municipalities.

3. Dissolving or changing local boards.

4. Changing the composition of council.

5. Establishing, changing or dissolving wards.

6. Any other matter dealt with by a provision of an Act which provides, expressly or by necessary implication, that the provision or the exercise of power under the provision prevails over the special Act.  2006, c. 32, Sched. A, s. 6.

See: 2006, c. 32, Sched. A, ss. 6, 192 (2).

Provisions

(4) The sections referred to in subsection (3) are section 27 of the City of Toronto Act, 1997 (No. 1), section 120 of the City of Toronto Act, 1997 (No. 2), section 47 of the Town of Haldimand Act, 1999, section 37 of the City of Hamilton Act, 1999, section 38 of the Town of Norfolk Act, 1999, section 38 of the City of Ottawa Act, 1999 and section 37 of the City of Greater Sudbury Act, 1999.  2001, c. 25, s. 7 (4).

Note:  On a day to be named by proclamation of the Lieutenant Governor, subsection (4) is amended by the Statutes of Ontario, 2006, chapter 11, Schedule B, subsection 9 (1) by striking out “section 27 of the City of Toronto Act, 1997 (No. 1), section 120 of the City of Toronto Act, 1997 (No. 2)”.  See:  2006, c. 11, Sched. B, ss. 9 (1), 14 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (4) is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 6 and the following substituted:

Same

(4) Subsection (3) applies despite section 47 of the Town of Haldimand Act, 1999, section 37 of the City of Hamilton Act, 1999, section 38 of the Town of Norfolk Act, 1999, section 38 of the City of Ottawa Act, 1999 and section 37 of the City of Greater Sudbury Act, 1999.  2006, c. 32, Sched. A, s. 6.

See: 2006, c. 32, Sched. A, ss. 6, 192 (2).

Exclusion

(5) Subsection (3) does not apply if the special Act expressly or by necessary implication precludes the exercise of the power by provisions other than those set out in subsection (4).  2001, c. 25, s. 7 (5).

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by the Statutes of Ontario, 2006, chapter 11, Schedule B, subsection 9 (2) by adding the following section:

Application re City of Toronto

7.1 (1) This Act does not apply to any of the following, except as otherwise provided by another provision of this Act or of the City of Toronto Act, 2006:

1. The City of Toronto, a local board of the City (including a joint local board of the City) or a city corporation.

2. Members of the council of the City, members of a local board of the City (including a joint local board of the City) or directors or members of a city corporation.

3. Officers, employees or agents of the City, of a local board of the City (including a joint local board of the City) or of a city corporation.  2006, c. 11, Sched. B, s. 9 (2).

Same

(2) Subsection (1) does not affect the power of another municipality to enter into an agreement or undertake an activity jointly with the City of Toronto.  2006, c. 11, Sched. B, s. 9 (2).

Same

(3) Unless the context requires otherwise, the terms “municipality”, “local municipality” or “single-tier municipality”, when used in any other Act or regulation, include the City of Toronto.  2006, c. 11, Sched. B, s. 9 (2).

Note:  On a day to be named by proclamation of the Lieutenant Governor, subsection (3) is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 7 by adding “and, when defined in any other Act or regulation as having the same meaning as in the Municipal Act, 2001, include the City of Toronto” at the end.  See:  2006, c. 32, Sched. A, ss. 7, 192 (2).

Definition

(4) In this section,

“city corporation” means a corporation established by the City of Toronto in accordance with section 148 of the City of Toronto Act, 2006.  2006, c. 11, Sched. B, s. 9 (2).

See: 2006, c. 11, Sched. B, ss. 9 (2), 14 (1).

PART II
GENERAL MUNICIPAL POWERS

Powers of a natural person

8. A municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act.  2001, c. 25, s. 8.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 8 is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 8 and the following substituted:

Scope of powers

8. (1) The powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality’s ability to respond to municipal issues.  2006, c. 32, Sched. A, s. 8.

Ambiguity

(2) In the event of ambiguity in whether or not a municipality has the authority under this or any other Act to pass a by-law or to take any other action, the ambiguity shall be resolved so as to include, rather than exclude, powers the municipality had on the day before this Act came into force.  2006, c. 32, Sched. A, s. 8.

Scope of by-law making power

(3) Without limiting the generality of subsections (1) and (2), a by-law under sections 10 and 11 respecting a matter may,

(a) regulate or prohibit respecting the matter;

(b) require persons to do things respecting the matter;

(c) provide for a system of licences respecting the matter.  2006, c. 32, Sched. A, s. 8.

Scope of by-laws generally

(4) Without limiting the generality of subsections (1), (2) and (3) and except as otherwise provided, a by-law under this Act may be general or specific in its application and may differentiate in any way and on any basis a municipality considers appropriate.  2006, c. 32, Sched. A, s. 8.

Exception

(5) Subsection (4) does not apply with respect to a by-law made under Parts VII, VIII, IX, X, XI and XIII.  2006, c. 32, Sched. A, s. 8.

See: 2006, c. 32, Sched. A, ss. 8, 192 (2).

Interpretation

9. (1) Sections 8 and 11 shall be interpreted broadly so as to confer broad authority on municipalities,

(a) to enable them to govern their affairs as they consider appropriate; and

(b) to enhance their ability to respond to municipal issues.  2001, c. 25, s. 9 (1).

Ambiguity

(2) In the event of ambiguity in whether or not a municipality has the authority to pass a by-law under sections 8 and 11, the ambiguity shall be resolved so as to include, rather than exclude, municipal powers that existed on December 31, 2002.  2002, c. 17, Sched. A, s. 3.

Scope of by-law making powers

(3) Without limiting the generality of subsections (1) and (2), a by-law under section 11 respecting a matter may,

(a) regulate or prohibit respecting the matter; and

(b) as part of the power to regulate or prohibit respecting the matter, require persons to do things respecting the matter, provide for a system of licences, permits, approvals or registrations respecting the matter and impose conditions as a requirement of obtaining, continuing to hold or renewing a licence, permit, approval or registration.  2001, c. 25, s. 9 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 9 is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 8 and the following substituted:

Powers of a natural person

9. A municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act.  2006, c  32, Sched. A, s. 8.

See: 2006, c. 32, Sched. A, ss. 8, 192 (2).

Scope

10. (1) Without limiting the generality of section 9 and except as otherwise provided, a by-law under this Act, except Parts VII to XIII, may be general or specific in its application and may differentiate in any way and on any basis a municipality considers appropriate.  2001, c. 25, s. 10 (1).

Classes

(2) Despite subsection (1) and except as otherwise provided, a by-law under this Act may only deal differently with different persons or businesses if the persons or businesses constitute different classes of persons or businesses defined in the by-law.  2001, c. 25, s. 10 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 10 is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 8 and the following substituted:

Broad authority, single-tier municipalities

10. (1) A single-tier municipality may provide any service or thing that the municipality considers necessary or desirable for the public.  2006, c. 32, Sched. A, s. 8.

By-laws

(2) A single-tier municipality may pass by-laws respecting the following matters:

1. Governance structure of the municipality and its local boards.

2. Accountability and transparency of the municipality and its operations and of its local boards and their operations.

3. Financial management of the municipality and its local boards.

4. Public assets of the municipality acquired for the purpose of exercising its authority under this or any other Act.

5. Economic, social and environmental well-being of the municipality.

6. Health, safety and well-being of persons.

7. Services and things that the municipality is authorized to provide under subsection (1).

8. Protection of persons and property, including consumer protection.

9. Animals.

10. Structures, including fences and signs.

11. Business licensing.  2006, c. 32, Sched. A, s. 8.

One power not affecting another

(3) The power to pass a by-law respecting a matter set out in a paragraph of subsection (2) is not limited or restricted by the power to pass a by-law respecting a matter set out in another paragraph of subsection (2).  2006, c. 32, Sched. A, s. 8.

Services or things provided by others

(4) The power of a municipality to pass a by-law respecting the matter set out in paragraph 7 of subsection (2) does not include the power to pass a by-law respecting services or things provided by a person other than the municipality or a municipal service board of the municipality.  2006, c. 32, Sched. A, s. 8.

Exception

(5) Nothing in subsection (4) prevents a municipality from passing a by-law with respect to services or things provided by any person to the extent necessary,

(a) to ensure the physical operation of a system of the municipality or of a municipal service board of the municipality is not impaired; or

(b) to ensure the municipality, a municipal service board of the municipality or a system of the municipality or municipal service board meet any provincial standards or regulations that apply to them.  2006, c. 32, Sched. A, s. 8.

Definition

(6) In this section,

“local board” means a local board other than,

(a) a society as defined in subsection 3 (1) of the Child and Family Services Act,

(b) a board of health as defined in subsection 1 (1) of the Health Protection and Promotion Act,

(c) a committee of management established under the Homes for the Aged and Rest Homes Act,

(d) a police services board established under the Police Services Act,

(e) a board as defined in section 1 of the Public Libraries Act, or

(f) a corporation established in accordance with section 203.  2006, c. 32, Sched. A, s. 8.

See: 2006, c. 32, Sched. A, ss. 8, 192 (2).

Spheres of Jurisdiction

Spheres of jurisdiction, single-tier municipality

11. (1) A single-tier municipality may pass by-laws respecting matters within the following spheres of jurisdiction:

1. Highways, including parking and traffic on highways.

2. Transportation systems, other than highways.

3. Waste management.

4. Public utilities.

5. Culture, parks, recreation and heritage.

6. Drainage and flood control, except storm sewers.

7. Structures, including fences and signs.

8. Parking, except on highways.

9. Animals.

10. Economic Development Services.  2001, c. 25, s. 11 (1).

Spheres of jurisdiction, lower and upper-tiers

(2) A lower-tier municipality and an upper-tier municipality may pass by-laws respecting matters within the spheres of jurisdiction described in the Table to this section, subject to the following provisions:

1. If a sphere or part of a sphere of jurisdiction is not assigned to an upper-tier municipality by the Table, the upper-tier municipality does not have the power to pass by-laws under that sphere or part.

2. If a sphere or part of a sphere of jurisdiction is assigned to an upper-tier municipality exclusively by the Table, its lower-tier municipalities do not have the power to pass by-laws under that sphere or part.

3. If a sphere or part of a sphere of jurisdiction is assigned to an upper-tier municipality non-exclusively by the Table, both the upper-tier municipality and its lower-tier municipalities have the power to pass by-laws under that sphere or part.

4. An upper-tier municipality does not have the power to pass a by-law that applies within one of its lower-tier municipalities under a sphere or part of a sphere of jurisdiction to the extent that this Act (other than this section) or any other Act confers power to pass the by-law on the lower-tier municipality.

5. A lower-tier municipality does not have the power to pass a by-law under a sphere or part of a sphere of jurisdiction to the extent that this Act (other than this section) or any other Act confers power to pass the by-law on its upper-tier municipality.  2001, c. 25, s. 11 (2).

TABLE

 

Sphere of Jurisdiction	Part of Sphere Assigned	Upper-tier Municipality (ies) to which Part of Sphere assigned	Exclusive or Non-Exclusive Assignment
1. Highways, including parking and traffic on highways	Whole sphere	All upper-tier municipalities	Non-exclusive
2. Transportation systems, other than highways	Airports	All upper-tier municipalities	Non-exclusive
	Ferries	All upper-tier municipalities	Non-exclusive
	Disabled passenger transportation system	Peel, Halton	Non-exclusive
	Bus passenger transportation system	Waterloo, York	Exclusive
3. Waste management	Whole sphere, except waste collection	Durham, Halton, Lambton, Oxford, Peel, Waterloo, York	Exclusive
4. Public Utilities	Sewage treatment	All counties, Niagara, Waterloo, York	Non-exclusive
		Durham, Halton, Muskoka, Oxford, Peel	Exclusive
	Collection of sanitary sewage	All counties, Niagara, Waterloo, York	Non-exclusive
		Durham, Halton, Muskoka, Oxford, Peel	Exclusive
	Collection of storm water and other drainage from land	All upper-tier municipalities	Non-exclusive
	Water production, treatment and storage	All upper-tier municipalities except counties	Exclusive
	Water distribution	Niagara, Waterloo, York	Non-exclusive
		Oxford, Durham, Halton, Muskoka, Peel	Exclusive
5. Culture, parks, recreation and heritage	Whole sphere	All upper-tier municipalities	Non-exclusive
6. Drainage and flood control, except storm sewers	Whole sphere	All upper-tier municipalities	Non-exclusive
7. Structures, including fences and signs	Whole sphere, except fences and signs	Oxford	Non-exclusive
8. Parking, except on highways	Municipal parking lots and structures	All upper-tier municipalities	Non-exclusive
9. Animals	None	None
10. Economic Development Services	Promotion of the municipality for any purpose by the collection and dissemination of information	Durham, Oxford	Exclusive
		All counties, Halton, Muskoka, Niagara, Peel, Waterloo,York	Non-exclusive
	Acquisition, development and disposal of sites for industrial, commercial and institutional uses	Durham, Oxford, Peel	Exclusive
		Halton, Lambton	Non-exclusive

2001, c. 25, s. 11, Table; 2002, c. 17, Sched. A, s. 4.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 11 is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 8 and the following substituted:

Broad authority, lower-tier and upper-tier municipalities

11. (1) A lower-tier municipality and an upper-tier municipality may provide any service or thing that the municipality considers necessary or desirable for the public, subject to the rules set out in subsection (4).  2006, c. 32, Sched. A, s. 8.

By-laws

(2) A lower-tier municipality and an upper-tier municipality may pass by-laws, subject to the rules set out in subsection (4), respecting the following matters:

1. Governance structure of the municipality and its local boards.

2. Accountability and transparency of the municipality and its operations and of its local boards and their operations.

3. Financial management of the municipality and its local boards.

4. Public assets of the municipality acquired for the purpose of exercising its authority under this or any other Act.

5. Economic, social and environmental well-being of the municipality.

6. Health, safety and well-being of persons.

7. Services and things that the municipality is authorized to provide under subsection (1).

8. Protection of persons and property, including consumer protection.  2006, c. 32, Sched. A, s. 8.

By-laws re: matters within spheres of jurisdiction

(3) A lower-tier municipality and an upper-tier municipality may pass by-laws, subject to the rules set out in subsection (4), respecting matters within the following spheres of jurisdiction:

1. Highways, including parking and traffic on highways.

2. Transportation systems, other than highways.

3. Waste management.

4. Public utilities.

5. Culture, parks, recreation and heritage.

6. Drainage and flood control, except storm sewers.

7. Structures, including fences and signs.

8. Parking, except on highways.

9. Animals.

10. Economic development services. 

11. Business licensing.  2006, c. 32, Sched. A, s. 8.

Rules

(4) The following are the rules referred to in subsections (1), (2) and (3):

1. If a sphere or part of a sphere of jurisdiction is not assigned to an upper-tier municipality by the Table to this section, the upper-tier municipality does not have the power to pass by-laws under that sphere or part and does not have the power to pass by-laws under subsection (1) or (2) that, but for this paragraph, could also be passed under that sphere or part.

2. If a sphere or part of a sphere of jurisdiction is assigned to an upper-tier municipality exclusively by the Table to this section, its lower-tier municipalities do not have the power to pass by-laws under that sphere or part and do not have the power to pass by-laws under subsection (1) or (2) that, but for this paragraph, could also be passed under that sphere or part.

3. If a sphere or part of a sphere of jurisdiction is assigned to an upper-tier municipality non-exclusively by the Table to this section, both the upper-tier municipality and its lower-tier municipalities have the power to pass by-laws under that sphere or part.

4. If a lower-tier municipality has the power under a specific provision of this Act, other than this section, or any other Act to pass a by-law, its upper-tier municipality does not have the power to pass the by-law under this section.

5. If an upper-tier municipality has the power under a specific provision of this Act, other than this section, or any other Act to pass a by-law, a lower-tier municipality of the upper-tier municipality does not have the power to pass the by-law under this section.

6. Paragraphs 4 and 5 apply to limit the powers of a municipality despite the inclusion of the words “without limiting sections 9, 10 and 11” or any similar form of words in the specific provision.

7. The power of a municipality with respect to the following matters is not affected by paragraph 4 or 5, as the case may be:

i. prohibiting or regulating the placement or erection of any sign, notice or advertising device within 400 metres of any limit of an upper-tier highway,

ii. any other matter prescribed by the Minister.  2006, c. 32, Sched. A, s. 8.

One power not affecting another

(5) The power to pass a by-law respecting a matter set out in a paragraph of subsection (2) or (3) is not limited or restricted by the power to pass a by-law respecting a matter set out in another paragraph of subsection (2) or (3).  2006, c. 32, Sched. A, s. 8.

Services or things provided by others

(6) The power of a municipality to pass a by-law respecting the matter set out in paragraph 7 of subsection (2) does not include the power to pass a by-law respecting services or things provided by a person other than the municipality or a municipal service board of the municipality.  2006, c. 32, Sched. A, s. 8.

Services or things provided by other tier

(7) The power of a municipality to pass a by-law under subsection (3) under each sphere of jurisdiction does not, except as otherwise provided, include the power to pass a by-law respecting services or things provided by its upper-tier or lower-tier municipality, as the case may be, of the type authorized by that sphere.  2006, c. 32, Sched. A, s. 8.

Services or things provided by others

(8) The power of a municipality to pass a by-law under subsection (3) under the following spheres of jurisdiction does not, except as otherwise provided, include the power to pass a by-law respecting services or things provided by any person, other than the municipality or a municipal service board of the municipality, of the type authorized by that sphere:

1. Public utilities.

2. Waste management.

3. Highways, including parking and traffic on highways.

4. Transportation systems, other than highways.

5. Culture, parks, recreation and heritage.

6. Parking, except on highways.  2006, c. 32, Sched. A, s. 8.

Exception

(9) Nothing in subsection (6), (7) or (8) prevents a municipality passing a by-law with respect to services or things provided by any person to the extent necessary,

(a) to ensure the physical operation of a system of the municipality or of a municipal service board of the municipality is not impaired; or

(b) to ensure the municipality, a municipal service board of the municipality or a system of the municipality or municipal service board meet any provincial standards or regulations that apply to them.  2006, c. 32, Sched. A, s. 8.

Definition

(10) In this section,

“local board” means a local board as defined in section 10.  2006, c. 32, Sched. A, s. 8.

Regulations

(11) The Minister may make regulations prescribing matters for the purpose of subparagraph 7 ii of subsection (4).  2006, c. 32, Sched. A, s. 8.

TABLE

 

Sphere of Jurisdiction	Part of Sphere Assigned	Upper-tier Municipality (ies) to which Part of Sphere assigned	Exclusive or Non-Exclusive Assignment
1. Highways, including parking and traffic on highways	Whole sphere	All upper-tier municipalities	Non-exclusive
2. Transportation systems, other than highways	Airports	All upper-tier municipalities	Non-exclusive
	Ferries	All upper-tier municipalities	Non-exclusive
	Disabled passenger transportation systems	Peel, Halton	Non-exclusive
	Whole sphere, except airports and ferries	Waterloo, York	Exclusive
3. Waste management	Whole sphere, except waste collection	Durham, Halton, Lambton, Oxford, Peel, Waterloo, York	Exclusive
4. Public utilities	Sewage treatment	All counties, Niagara, Waterloo, York	Non-exclusive
		Durham, Halton, Muskoka, Oxford, Peel	Exclusive
	Collection of sanitary sewage	All counties, Niagara, Waterloo, York	Non-exclusive
		Durham, Halton, Muskoka, Oxford, Peel	Exclusive
	Collection of storm water and other drainage from land	All upper-tier municipalities	Non-exclusive
	Water production, treatment and storage	All upper-tier municipalities except counties	Exclusive
	Water distribution	Niagara, Waterloo, York	Non-exclusive
		Oxford, Durham, Halton, Muskoka, Peel	Exclusive
5. Culture, parks, recreation and heritage	Whole sphere	All upper-tier municipalities	Non-exclusive
6. Drainage and flood control, except storm sewers	Whole sphere	All upper-tier municipalities	Non-exclusive
7. Structures, including fences and signs	Whole sphere, except fences and signs	Oxford	Non-exclusive
8. Parking, except on highways	Municipal parking lots and structures	All upper-tier municipalities	Non-exclusive
9. Animals	None	None
10. Economic development services	Promotion of the municipality for any purpose by the collection and dissemination of information	Durham	Exclusive
		All counties, Halton, Muskoka, Niagara, Oxford, Peel, Waterloo, York	Non-exclusive
	Acquisition, development and disposal of sites for industrial, commercial and institutional uses	Durham	Exclusive
		Halton, Lambton, Oxford	Non-exclusive
11. Business licensing	Owners and drivers of taxicabs, tow trucks, buses and vehicles (other than motor vehicles) used for hire Taxicab brokers Salvage business Second-hand goods business	Niagara, Waterloo	Exclusive
	Drainage business, plumbing business	York	Exclusive
	Lodging houses, septic tank business	York	Non-exclusive

 

2006, c. 32, Sched. A, s. 8.

Definitions

11.1 In this Part,

“animal” means any member of the animal kingdom, other than a human; (“animal”)

“drainage business” means drain contractors, drain layers and persons who install septic tanks or repair or reconstruct drains, remove tree roots or other obstructions from drains and private drain connections; (“entreprise de drainage”)

“lodging house” means a nursing home and any house or other building or portion of it in which persons are lodged for hire, but does not include a hotel, hospital, nursing home, home for the young or the aged or institution if it is licensed, approved or supervised under any other Act; (“pension”)

“plumbing business” means plumbing contractors and plumbers certified under the Trades Qualification and Apprenticeship Act to do plumbing work or a person with equivalent qualifications by training or experience; (“entreprise de plomberie”)

“salvage business” means salvage shops and salvage yards, including an automobile wrecking yard or premises; (“entreprise de récupération”)

“second-hand goods” includes waste paper, rags, bottles, bicycles, automobile tires, old metal and other scrap material and salvage; (“marchandises usagées”)

“second-hand goods business” means second-hand goods shops and dealers in second-hand goods, including persons who go from house to house or along highways to collect, purchase or obtain second-hand goods; (“entreprise de marchandises usagées”)

“septic tank business” means persons who carry on the business of providing septic tank cleaning and pumping services; (“entreprise de fosses septiques”)

“taxicab broker” means a person who accepts calls for taxicabs used for hire and owned by someone other than the person, his or her immediate family or the person’s employer. (“agent de taxi”)  2006, c. 32, Sched. A, s. 8.

See: 2006, c. 32, Sched. A, ss. 8, 192 (2).

Previous transfer of powers

12. If, on December 31, 2002, an order under section 25.2 or 25.3 of the old Act, a by-law passed under section 209, 209.2 or 209.4 of the old Act or a by-law passed under section 41 of the Regional Municipality of Waterloo Act or under section 150 of the Regional Municipalities Act, as they read on that day, was in force, the order or by-law continues, and the power to pass by-laws conferred as a result of the order or by-law continues, despite section 11 and has the same effect as it had on December 31, 2002.  2001, c. 25, s. 12; 2002, c. 17, Sched. A, s. 5.

Conflicts

Conflict between certain by-laws

13. (1) If there is conflict between a by-law passed by a lower-tier municipality under section 11 and a by-law passed by its upper-tier municipality under section 11, the by-law of the upper-tier municipality prevails to the extent of the conflict.  2001, c. 25, s. 13 (1).

Example

(2) Without restricting the generality of subsection (1), there is conflict between by-laws of different tiers if a by-law of the lower-tier municipality renders inoperative an integral part of a system of the upper-tier municipality.  2001, c. 25, s. 13 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 13 is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 9 and the following substituted:

General Restrictions

Conflict between certain by-laws

13. (1) If there is conflict between a by-law passed by a lower-tier municipality under subsection 11 (3) and a by-law passed by its upper-tier municipality under subsection 11 (3), the by-law of the upper-tier municipality prevails to the extent of the conflict.  2006, c. 32, Sched. A, s. 9.

Example

(2) Without restricting the generality of subsection (1), there is conflict between by-laws of different tiers if a by-law of the lower-tier municipality frustrates an integral part of a system of the upper-tier municipality.  2006, c. 32, Sched. A, s. 9.

Overlapping powers

(3) For the purpose of subsection (1), if a municipality has the power to pass a by-law under subsection 11 (3) and also under any other provision of this or any other Act, the by-law is deemed to have been passed under subsection 11 (3).  2006, c. 32, Sched. A, s. 9.

Inoperative by-law

13.1 (1) A by-law of a lower-tier or upper-tier municipality under subsection 11 (1) or (2) is inoperative to the extent it frustrates an integral part of a system of its upper-tier municipality or lower-tier municipality, as the case may be, authorized by by-law under subsection 11 (1) or (2).  2006, c. 32, Sched. A, s. 9.

Overlapping powers

(2) For the purpose of subsection (1), if a municipality has the power to pass a by-law under subsection 11 (1) or (2) and also under any other provision of this or any other Act, the by-law is deemed not to have been passed under subsection 11 (1) or (2).  2006, c. 32, Sched. A, s. 9.

See: 2006, c. 32, Sched. A, ss. 9, 192 (2).

Conflict between by-law and statutes, etc.

14. A by-law is without effect to the extent of any conflict with,

(a) a provincial or federal Act or a regulation made under such an Act; or

(b) an instrument of a legislative nature, including an order, licence or approval, made or issued under a provincial or federal Act or regulation.  2001, c. 25, s. 14.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 14 is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 10 by adding the following subsection:

Same

(2) Without restricting the generality of subsection (1), there is a conflict between a by-law of a municipality and an Act, regulation or instrument described in that subsection if the by-law frustrates the purpose of the Act, regulation or instrument.  2006, c. 32, Sched. A, s. 10.

See: 2006, c. 32, Sched. A, ss. 10, 192 (2).

Restrictions Affecting Municipal Powers

Specific powers, by-laws under general powers

15. (1) If a municipality has power to pass a by-law under section 8 or 11 and also under a specific provision of this or any other Act, the power conferred by section 8 or 11 is subject to any procedural requirements, including conditions, approvals and appeals, that apply to the power and any limits on the power contained in the specific provision.  2001, c. 25, s. 15 (1).

Note:  On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 11 (1) by striking out “section 8 or 11” wherever it appears and substituting in each case “section 9, 10 or 11”.  See:  2006, c. 32, Sched. A, ss. 11 (1), 192 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 15 is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 11 (2) by adding the following subsection:

Interpretation

(1.1) For the purpose of subsection (1) and, unless the context otherwise requires, the fact that a specific provision is silent on whether or not a municipality has a particular power shall not be interpreted as a limit on the power contained in the specific provision.  2006, c. 32, Sched. A, s. 11 (2).

See: 2006, c. 32, Sched. A, ss. 11 (2), 192 (2).

Application to new and existing provisions

(2) Subsection (1) applies whether the specific provision was enacted before or after,

(a) the day this section comes into force; or

(b) the day a by-law passed under section 8 or 11 comes into force.  2001, c. 25, s. 15 (2).

Note:  On a day to be named by proclamation of the Lieutenant Governor, clause (b) is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 11 (3) by striking out “section 8 or 11” and substituting “section 9, 10 or 11”.  See:  2006, c. 32, Sched. A, ss. 11 (3), 192 (2).

No retroactive effect

(3) Nothing in this section invalidates a by-law which was passed in accordance with the procedural requirements in force at the time the by-law was passed.  2001, c. 25, s. 15 (3).

Fences, signs, etc.

(4) The power to pass a by-law with respect to fences and signs under section 8 or 11 is not affected by this section.  2001, c. 25, s. 15 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (4) is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 11 (4) and the following substituted:

Interpretation

(4) Subsection (1) applies to limit the powers of a municipality despite the inclusion of the words “without limiting sections 9, 10 and 11” or any similar form of words in the specific provision.  2006, c. 32, Sched. A, s. 11 (4).

Fences, signs, etc.

(5) The power to pass a by-law under section 9, 10 or 11 with respect to fences and signs and such other matters as may be prescribed is not affected by this section.  2006, c. 32, Sched. A, s. 11 (4).

Regulations

(6) The Minister may make regulations prescribing matters for the purpose of subsection (5).  2006, c. 32, Sched. A, s. 11 (4).

See: 2006, c. 32, Sched. A, ss. 11 (4), 192 (2).

Restrictions, systems and facilities of other tier

16. (1) Under each sphere of jurisdiction, a lower-tier or upper-tier municipality does not, except as otherwise provided, have the power to pass a by-law with respect to systems of its upper-tier or lower-tier municipality, as the case may be, of the type authorized by that sphere.  2001, c. 25, s. 16 (1).

Powers limited

(2) A municipality does not, except as otherwise provided, have power to pass a by-law under the following spheres of jurisdiction with respect to systems of a person other than the municipality of the type authorized by that sphere:

1. Public utilities.

2. Waste management.

3. Highways, including parking and traffic on highways.

4. Transportation systems, other than highways.

5. Culture, parks, recreation and heritage.

6. Parking, except on highways.  2001, c. 25, s. 16 (2).

Exception

(3) Nothing in this section prevents a municipality passing a by-law with respect to a system of any person to the extent necessary,

(a) to ensure the physical operation of a system of the municipality is not impaired; or

(b) to ensure the municipality or a system of the municipality meets any provincial standards or regulations that apply to it.  2001, c. 25, s. 16 (3).

Municipal service boards

(4) A reference in this section to a municipality, an upper-tier municipality or a lower-tier municipality includes a municipal service board of it.  2001, c. 25, s. 16 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 16 is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 12.  See: 2006, c. 32, Sched. A, ss. 12, 192 (2).

Restrictions, corporate and financial matters

17. (1) Sections 8 and 11 do not authorize a municipality to,

(a) incorporate a corporation or nominate or authorize a person to act as an incorporator, director, officer or member of a corporation;

(b) exercise any power as a member of a corporation;

(c) acquire any interest in, or guarantee or exercise any power as a holder of, a security of a corporation;

(d) impose taxes, fees or charges;

(e) borrow or invest money or sell debt;

(e.1) incur debt without borrowing money for the purpose of obtaining long-term financing of any capital undertaking;

(f) enter into agreements for the purpose of minimizing costs or financial risk associated with the incurring of debt;

(g) make a grant or a loan;

(h) provide or make contributions for pensions;

(h.1) delegate to any person the powers and duties with respect to the matters described in clauses (d), (e), (e.1) and (f) and any other prescribed powers and duties;

(h.2) take any other prescribed financial action;

(i) become a bankrupt under the Bankruptcy and Insolvency Act (Canada); or

(j) as an insolvent person, make an assignment for the general benefit of creditors under section 49 of the Bankruptcy and Insolvency Act (Canada) or make a proposal under section 50 of that Act.  2001, c. 25, s. 17 (1); 2002, c. 17, Sched. A, s. 6 (1, 2).

Exception, corporations

(2) Despite subsection (1), if a regulation is made under section 203 governing an activity described in clause (1) (a), (b) or (c), the municipality may exercise its powers under sections 8 and 11 to carry out those activities in accordance with the regulation.  2001, c. 25, s. 17 (2).

Regulations

(3) The Minister may make regulations prescribing powers and duties for the purposes of clause (1) (h.1) and financial actions for the purpose of clause (1) (h.2).  2002, c. 17, Sched. A, s. 6 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 17 is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 13 and the following substituted:

Restrictions, financial matters

17. (1) Sections 9, 10 and 11 do not authorize a municipality to,

(a) impose taxes;

(b) borrow or invest money or sell debt;

(c) incur debt without borrowing money for the purpose of obtaining long-term financing of any capital undertaking;

(d) enter into agreements for the purpose of minimizing costs or financial risk associated with the incurring of debt;

(e) make a grant or a loan;

(f) take any other prescribed financial action;

(g) become a bankrupt under the Bankruptcy and Insolvency Act (Canada); or

(h) as an insolvent person, make an assignment for the general benefit of creditors under section 49 of the Bankruptcy and Insolvency Act (Canada) or make a proposal under section 50 of that Act.  2006, c. 32, Sched. A, s. 13.

Regulations

(2) The Minister may make regulations prescribing financial actions for the purpose of clause (1) (f).  2006, c. 32, Sched. A, s. 13.

See: 2006, c. 32, Sched. A, ss. 13, 192 (2).

Monopolies

18. A municipality shall not confer on any person the exclusive right of carrying on any business, trade or occupation unless specifically authorized to do so under any Act.  2001, c. 25, s. 18.

Geographic Application

Limited to municipal boundaries

19. (1) By-laws and resolutions of a municipality apply only within its boundaries, except as provided in subsection (2) or in any other provisions of this or any other Act.  2001, c. 25, s. 19 (1).

Exception, services

(2) A municipality may exercise its powers, other than its power to impose taxes, to provide a municipal system to provide a service or thing in an area in another municipality or in unorganized territory if one of the purposes for so acting is for its own purposes and if one of the following conditions applies:

1. The service or thing is provided only to inhabitants of the municipality providing the service or thing.

2. The other municipality is a single-tier municipality and the service or thing is provided with its consent.

3. The other municipality is a lower-tier municipality and the service or thing is provided with the consent of,

i. the lower-tier municipality, if it has jurisdiction to provide the service or thing in the area,

ii. its upper-tier municipality, if it has that jurisdiction, or

iii. both the lower-tier municipality and its upper-tier municipality, if they both have that jurisdiction.

4. The service or thing is provided in unorganized territory,

i. with the consent of a local body that has jurisdiction to provide the service or thing in the area, or

ii. with the consent of the person who receives the service or thing, if no local body has jurisdiction.  2001, c. 25, s. 19 (2); 2002, c. 17, Sched. A, s. 7.

Terms

(3) A consent under subsection (2) may be given subject to such conditions and limits on the powers to which the consent relates as may be agreed upon.  2001, c. 25, s. 19 (3).

Definition

(4) In subsection (2),

“local body” means an area services board, local services board, local roads board, statute labour board, school board, district social services administration board, board of health and any other board, commission, body or local authority exercising any power with respect to municipal affairs or purposes in unorganized territory.  2001, c. 25, s. 19 (4).

Agreements

Joint undertakings

20. (1) A municipality may enter into an agreement with one or more municipalities or local bodies, as defined in section 19, or a combination of both to jointly provide, for their joint benefit, any matter which all of them have the power to provide within their own boundaries.  2001, c. 25, s. 20 (1).

Outside boundaries

(2) The municipality may provide the matter in accordance with the agreement anywhere that any of the municipalities or local bodies have the power to provide the matter.  2001, c. 25, s. 20 (2).

Agreements with First Nation

21. (1) A municipality may enter into an agreement with a First Nation to provide a municipal system within the limits of the reserve occupied by the First Nation, whether the reserve is within the municipality or not.  2001, c. 25, s. 21 (1).

Power

(2) The municipality may provide the system outside its boundaries in accordance with the agreement.  2001, c. 25, s. 21 (2).

Agreements with province

22. (1) A municipality may provide a system that it would otherwise not have power to provide within the municipality, if it does so in accordance with an agreement with the Province of Ontario under a program established and administered by the Province of Ontario.  2001, c. 25, s. 22 (1).

Power

(2) The municipality may provide the system outside its boundaries in accordance with the agreement.  2001, c. 25, s. 22 (2).

Outside boundaries

(3) A municipality may provide a system that it has power to provide within the municipality outside its boundaries in accordance with an agreement with the Province of Ontario.  2001, c. 25, s. 22 (3).

Note:  On a day to be named by proclamation of the Lieutenant Governor, subsection (3) is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 14 by adding “under a program established and administered by the Province of Ontario” at the end.  See:  2006, c. 32, Sched. A, ss. 14, 192 (2).

Agreements respecting private services

23. A municipality may enter into an agreement with any person to construct, maintain and operate a private road or a private water or sewage works, including fire hydrants.  2001, c. 25, s. 23.

Note: On a day to be named by proclamation of the Lieutenant Governor, Part II is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 15 by adding the following sections:

Delegation of Powers and Duties

General power to delegate

23.1 (1) Without limiting sections 9, 10 and 11, those sections authorize a municipality to delegate its powers and duties under this or any other Act to a person or body subject to the restrictions set out in this Part.  2006, c. 32, Sched. A, s. 15.

Scope of power

(2) The following rules apply to a by-law delegating any of the municipality’s powers or duties:

1. A delegation may be revoked at any time without notice unless the delegation by-law specifically limits the municipality’s power to revoke the delegation.

2. A delegation shall not limit the right to revoke the delegation beyond the term of the council which made the delegation.

3. A delegation may provide that only the delegate can exercise the delegated power or that both the municipality and the delegate can exercise the power.

4. A delegation or deemed delegation under paragraph 6 of a duty results in the duty being a joint duty of the municipality and the delegate.

5. A delegation may be made subject to such conditions and limits as the council of a municipality considers appropriate.

6. Where a power is delegated, the power is deemed to be delegated subject to any limits on the power and to any procedural requirements, including conditions, approvals and appeals which apply to the power and any duties related to the power are deemed to be delegated with the power.  2006, c. 32, Sched. A, s. 15.

Same

(3) The conditions and limits referred to in paragraph 5 of subsection (2) may include such matters as the following:

1. A requirement that the delegate act by by-law, resolution or otherwise, despite subsection 5 (3).

2. Procedures that the delegate is required to follow.

3. The accountability of the delegate and the transparency of the delegate’s actions and decisions.  2006, c. 32, Sched. A, s. 15.

Restriction re delegation of legislative and quasi-judicial powers

23.2 (1) Sections 9, 10 and 11 do not authorize a municipality to delegate legislative and quasi-judicial powers under any Act except those listed in subsection (2) and the legislative and quasi-judicial powers under the listed Acts may be delegated only to,

(a) one or more members of its council or a council committee;

(b) a body having at least two members of whom at least 50 per cent are,

(i) members of its council,

(ii) individuals appointed by its council,

(iii) a combination of individuals described in subclauses (i) and (ii); or

(c) an individual who is an officer, employee or agent of the municipality.  2006, c. 32, Sched. A, s. 15.

Restriction re applicable Acts

(2) For the purposes of subsection (1), the listed Acts are this Act, the Planning Act, a private Act relating to the municipality and such other Acts as may be prescribed.  2006, c. 32, Sched. A, s. 15.

Restriction re certain corporations

(3) Despite clause (1) (b), no delegation of a legislative or quasi-judicial power shall be made to a corporation incorporated in accordance with section 203.  2006, c. 32, Sched. A, s. 15.

Restriction re officers, employees, etc.

(4) No delegation of a legislative power shall be made to an individual described in clause (1) (c) unless, in the opinion of the council of the municipality, the power being delegated is of a minor nature and, in determining whether or not a power is of a minor nature, the council, in addition to any other factors it wishes to consider, shall have regard to the number of people, the size of geographic area and the time period affected by an exercise of the power.  2006, c. 32, Sched. A, s. 15.

Same

(5) Without limiting subsection (4), the following are examples of powers considered to be of a minor nature:

1. The power to close a highway temporarily.

2. The power to issue and impose conditions on a licence.

3. The powers of the council of a municipality that are described in the following provisions of the old Municipal Act, as those provisions read on December 31, 2002:

i. Paragraphs 107, 108, 109 and 110 of section 210.

ii. Paragraph 3 of section 308.

iii. Subsection 312 (2) and clauses 312 (4) (a) and (b).  2006, c. 32, Sched. A, s. 15.

Regulations

(6) The Minister may make regulations prescribing Acts for the purpose of subsection (2).  2006, c. 32, Sched. A, s. 15.

Powers that cannot be delegated

23.3 (1) Sections 9, 10 and 11 do not authorize a municipality to delegate any of the following powers and duties:

1. The power to appoint or remove from office an officer of the municipality whose appointment is required by this Act.

2. The power to pass a by-law under Parts VIII, IX and X.

3. The power to incorporate corporations in accordance with section 203.

4. The power to adopt an official plan or an amendment to an official plan under the Planning Act.

5. The power to pass a zoning by-law under the Planning Act.

6. The powers to pass a by-law under subsections 108 (1) and (2) and 110 (3), (6) and (7).

7. The power to adopt a community improvement plan under section 28 of the Planning Act, if the plan includes provisions that authorize the exercise of any power under subsection 28 (6) or (7) of that Act or under section 365.1 of this Act.

8. The power to adopt or amend the budget of the municipality.

9. Any other power or duty that may be prescribed.  2006, c. 32, Sched. A, s. 15.

Delegation of administrative powers

(2) Nothing in subsection (1) prevents a municipality from delegating its administrative powers.  2006, c. 32, Sched. A, s. 15.

Regulations

(3) The Minister may make regulations,

(a) restricting or imposing conditions on the power of a municipality to delegate its power and duties;

(b) prescribing powers and duties for the purpose of paragraph 9 of subsection (1).  2006, c. 32, Sched. A, s. 15.

Effect of delegation to municipal service boards

23.4 (1) When a municipality has delegated a power or duty to a municipal service board, the municipality may provide that any existing by-law or resolution of the municipality that relates to the delegated power or duty is, to the extent it applies in any part of the municipality, deemed to be a by-law or resolution of the municipal service board.  2006, c. 32, Sched. A, s. 15.

Limitation

(2) If a municipal service or activity is under the control and management of a municipal service board, nothing in this Act or a by-law made under this Act,

(a) authorizes the municipal service board to provide for the financing of the municipal service or activity otherwise than by fees and charges under Part XII (Fees and Charges) unless the municipal service board has the consent of the municipality to do so;

(b) removes from the municipality its power to finance the capital and operating costs of providing the service or activity as if the municipality had control and management of the service or activity; or

(c) removes from the municipality its power to deal with real and personal property in connection with the service or activity as if the municipality had control and management of the service or activity.  2006, c. 32, Sched. A, s. 15.

Delegation re hearings

Application

23.5 (1) This section applies when a municipality is required by law to hold a hearing or provide an opportunity to be heard before making a decision or taking a step, whether the requirement arises from an Act or from any other source of law.  2006, c. 32, Sched. A, s. 15.

Delegation authorized

(2) Despite subsection 23.2 (1), sections 9, 10 and 11 authorize a municipality to delegate to a person or body described in that subsection the power or duty to hold a hearing or provide an opportunity to be heard before the decision is made or the step is taken.  2006, c. 32, Sched. A, s. 15.

Rules re effect of delegation

(3) If a municipality delegates a power or duty as described in subsection (2) but does not delegate the power to make the decision or take the step, the following rules apply:

1. If the person or body holds the hearing or provides the opportunity to be heard, the municipality is not required to do so.

2. If the decision or step constitutes the exercise of a statutory power of decision to which the Statutory Powers Procedure Act applies, that Act, except sections 17, 17.1, 18 and 19, applies to the person or body and to the hearing conducted by the person or body.  2006, c. 32, Sched. A, s. 15.

See: 2006, c. 32, Sched. A, ss. 15, 192 (2).

PART III
SPECIFIC MUNICIPAL POWERS

Highways

Definitions

24. In sections 25 to 68,

“bridge” means a public bridge forming part of a highway or on, over or across which a highway passes; (“pont”)

“provincial highway” means a highway under the jurisdiction of the Province of Ontario. (“voie publique provinciale”)  2001, c. 25, s. 24.

Provincial highways

25. Except as otherwise provided in this Act, sections 26 to 68 do not apply to a provincial highway.  2001, c. 25, s. 25.

What constitutes highway

26. The following are highways unless they have been closed:

1. All highways that existed on December 31, 2002.

2. All highways established by by-law of a municipality on or after January 1, 2003.

3. All highways transferred to a municipality under the Public Transportation and Highway Improvement Act.

4. All road allowances made by the Crown surveyors that are located in municipalities.

5. All road allowances, highways, streets and lanes shown on a registered plan of subdivision.  2001, c. 25, s. 26.

By-laws

27. (1) Except as otherwise provided in this Act, a municipality may pass by-laws in respect of a highway only if it has jurisdiction over the highway.  2001, c. 25, s. 27 (1).

Joint jurisdiction

(2) If a highway is under the joint jurisdiction of two or more municipalities, a by-law in respect of the highway must be passed by all of the municipalities having jurisdiction over the highway.  2001, c. 25, s. 27 (2).

Jurisdiction

28. (1) Except as otherwise provided in this Act or under section 8 of the Public Transportation and Highway Improvement Act or in a by-law passed under this Act, a municipality has jurisdiction or joint jurisdiction, as the case may be, over the following highways:

1. All highways over which it had jurisdiction or joint jurisdiction on December 31, 2002.

2. All highways established by by-law of the municipality on or after January 1, 2003.

3. All highways transferred to the municipality under this Act, the Public Transportation and Highway Improvement Act or any other Act.  2001, c. 25, s. 28 (1).

Local municipalities

(2) Except as otherwise provided in this Act or under section 8 of the Public Transportation and Highway Improvement Act, a local municipality has jurisdiction over,

(a) all road allowances located in the municipality that were made by the Crown surveyors; and

(b) all road allowances, highways, streets and lanes shown on a registered plan of subdivision.  2001, c. 25, s. 28 (2).

Boundary lines

29. (1) Subject to section 28 and to a by-law passed under section 52, the local municipalities on either side of a boundary line between municipalities have joint jurisdiction over any highways forming the boundary line.  2001, c. 25, s. 29 (1).

Joint jurisdiction, bridges

(2) Subject to section 28 and to a by-law passed under section 52, if a bridge joins a highway under the jurisdiction of any municipality to a highway under the jurisdiction of another municipality, the bridge is under the joint jurisdiction of the municipalities.  2001, c. 25, s. 29 (2).

Deviation of boundary lines

(3) If, because of physical difficulties or obstructions, a highway does not follow a boundary line throughout but deviates so that parts of it lie wholly within one of the boundary municipalities, the highway shall be deemed to be the boundary line between the two municipalities for the purposes of determining jurisdiction over the highway.  2001, c. 25, s. 29 (3).

(4), (5) Repealed:  2002, c. 17, Sched. A, s. 8.

Agreement

29.1 (1) If municipalities having joint jurisdiction over a boundary line highway enter into an agreement under which each municipality agrees to keep any part of the highway in repair for its whole width and to indemnify the other municipality from any loss or damage arising from the lack of repair for that part, the agreement and a copy of the by-law authorizing the agreement may be registered in the proper land registry office for the area in which the highway is located.  2002, c. 17, Sched. A, s. 9.

Effect

(2) If municipalities enter into an agreement under subsection (1), each municipality has jurisdiction over that part of the highway that it has agreed to keep in repair and is liable for any damages that arise from failure to keep the highway in repair and the other municipality is relieved from all liability in respect of the repair of that part.  2002, c. 17, Sched. A, s. 9.

Ownership

30. A highway is owned by the municipality that has jurisdiction over it subject to any rights reserved by a person who dedicated the highway or any interest in the land held by any other person.  2001, c. 25, s. 30.

Establishing highways

31. (1) A municipality may by by-law establish a highway.  2001, c. 25, s. 31 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 16 (1).  See: 2006, c. 32, Sched. A, ss. 16 (1), 192 (2).

By-law necessary

(2) After January 1, 2003, land may only become a highway by virtue of a by-law passed under subsection (1) and not by the activities of the municipality or any other person in relation to the land, including the spending of public money.  2001, c. 25, s. 31 (2).

Note:  On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 16 (2) by striking out “passed under subsection (1)” and substituting “establishing the highway”.  See:  2006, c. 32, Sched. A, ss. 16 (2), 192 (2).

Certain highways not affected

(3) Subsection (2) does not apply to highways described in paragraphs 3, 4 and 5 of section 26.  2001, c. 25, s. 31 (3).

Exclusion

(4) A municipality may by by-law assume the following highways for public use and section 44 does not apply to the highways until the municipality has passed the by-law:

1. An unopened road allowance made by the Crown surveyors.

2. A road allowance, highway, street or lane shown on a registered plan of subdivision.  2001, c. 25, s. 31 (4).

Other exclusions

(5) Section 44 does not apply to a highway laid out or built by any person before January 1, 2003 unless it was assumed for public use by the municipality or it has been established by by-law.  2001, c. 25, s. 31 (5).

Widening highways

(6) If a municipality acquires land for the purpose of widening a highway, the land acquired forms part of the highway to the extent of the designated widening.  2001, c. 25, s. 31 (6).

Unorganized territory

32. Despite section 19, a municipality may by by-law establish a highway in adjoining unorganized territory.  2001, c. 25, s. 32.

Repeal

33. A by-law establishing a highway or assuming a highway for public use may only be repealed by a closing by-law under section 34.  2001, c. 25, s. 33.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 33 is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 17.  See: 2006, c. 32, Sched. A, ss. 17, 192 (2).

Highway closing procedures

34. (1) Before passing a by-law for permanently closing a highway, a municipality shall give public notice of its intention to pass the by-law.  2001, c. 25, s. 34 (1).

Alteration of highways

(2) Before passing a by-law for permanently altering a highway, if the alteration is likely to deprive any person of the sole means of motor vehicle access to and from the person’s land over any highway, a municipality shall give public notice of its intention to pass the by-law.  2001, c. 25, s. 34 (2).

Includes all highways

(3) In subsections (2) and (7), “over any highway”, in relation to motor vehicle access, means over an upper-tier highway, a lower-tier highway, a single-tier highway or a provincial highway.  2001, c. 25, s. 34 (3).

Variations

(4) The manner in which notice is given under subsections (1) and (2) may be different for different classes of closings and alterations and for different classes of highways.  2001, c. 25, s. 34 (4).

Registration

(5) A by-law permanently closing a highway does not take effect until a certified copy of the by-law is registered in the proper land registry office.  2001, c. 25, s. 34 (5).

Consent

(6) A by-law permanently closing a highway shall not be passed without the consent of the Government of Canada if the highway,

(a) abuts on land, including land covered by water, owned by the Crown in right of Canada; or

(b) leads to or abuts on a bridge, wharf, dock, quay or other work owned by the Crown in right of Canada.  2001, c. 25, s. 34 (6).

Right of access protected

(7) A by-law permanently closing or altering a highway is not valid if it would result in a person having no motor vehicle access to and from the person’s land over any highway, unless the person agrees to the by-law.  2001, c. 25, s. 34 (7).

Where no agreement

(8) Despite subsection (7), if a person fails to agree to a by-law under that subsection within 30 days after public notice is given of the municipality’s intention to pass the by-law, the municipality may apply to the Ontario Municipal Board and the Board, after hearing the parties, may confirm, vary or rescind the by-law and may impose limitations and conditions respecting the closing or altering of the highway, which may include the payment of compensation to the owner and the provision of an alternate means of access to the land.  2001, c. 25, s. 34 (8).

Conditions to be met

(9) If the Board imposes limitations or conditions on the closing or altering of a highway, the by-law closing or altering the highway is not valid unless the limitations and conditions are met.  2001, c. 25, s. 34 (9).

No petition

(10) Section 95 of the Ontario Municipal Board Act does not apply to a decision of the Board under this section.  2001, c. 25, s. 34 (10).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 34 is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 18 and the following substituted:

Highway closing procedures

34. (1) A by-law permanently closing a highway does not take effect until a certified copy of the by-law is registered in the proper land registry office.  2006, c. 32, Sched. A, s. 18.

Consent

(2) A by-law permanently closing a highway shall not be passed without the consent of the Government of Canada if the highway,

(a) abuts on land, including land covered by water, owned by the Crown in right of Canada; or

(b) leads to or abuts on a bridge, wharf, dock, quay or other work owned by the Crown in right of Canada.  2006, c. 32, Sched. A, s. 18.

See: 2006, c. 32, Sched. A, ss. 18, 192 (2).

Removing and restricting common law right of passage

35. Except as otherwise provided in this Act, under the sphere of jurisdiction “Highways, including parking and traffic on highways”, a municipality may pass by-laws removing or restricting the common law right of passage by the public over a highway and the common law right of access to the highway by an owner of land abutting a highway.  2001, c. 25, s. 35.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 35 is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 18 and the following substituted:

Restricting common law right of passage

35. Without limiting sections 9, 10 and 11, a municipality may pass by-laws removing or restricting the common law right of passage by the public over a highway and the common law right of access to the highway by an owner of land abutting a highway.  2006, c. 32, Sched. A, s. 18.

See: 2006, c. 32, Sched. A, ss. 18, 192 (2).

Controlled-access highways

36. (1) Despite section 35, if a private road, entrance, gate or other structure provides the sole means of motor vehicle access to and from a person’s land over any highway, a municipality may only prohibit the construction or use of the private road, entrance, gate or other structure as a means of access to a highway if the municipality has passed a by-law designating the highway as a controlled-access highway.  2001, c. 25, s. 36 (1).

Includes all highways

(2) In subsection (1), “over any highway”, in relation to motor vehicle access, means over an upper-tier highway, a lower-tier highway, a single-tier highway or a provincial highway.  2001, c. 25, s. 36 (2).

Notice

(3) Before passing a by-law designating a highway as a controlled-access highway and prohibiting the construction or use of a private road, entrance, gate or other structure as a means of access to the highway, a municipality shall,

(a) give notice of its intention to pass the by-law to the public and to the owner of any land abutting the highway; and

(b) serve the notice under clause (a) on the owner of the land personally or by prepaid registered mail to the last known address of the owner.  2001, c. 25, s. 36 (3).

Deemed receipt

(4) Notice served by prepaid registered mail shall be deemed to have been received on the fifth day following the mailing of the notice.  2001, c. 25, s. 36 (4).

Scope of by-law

(5) A municipal by-law designating a highway as a controlled-access highway and prohibiting the construction or use of a private road, entrance, gate or other structure as a means of access to the highway or regulating the construction or use of a private road, entrance, gate or other structure as a means of access to the highway may apply to a road, entrance, gate or other structure constructed or used as a means of access to the highway before or after the passing of the by-law.  2001, c. 25, s. 36 (5).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 36 is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 18.  See: 2006, c. 32, Sched. A, ss. 18, 192 (2).

Closing of private roads

37. (1) If a municipality requires the owner of any land to permanently close up any private road, entrance, gate or other structure that is constructed or is being used as a means of access to a controlled-access highway or other highway in contravention of a by-law, it shall give notice to the owner of the land personally or by prepaid registered mail to the last known address of the owner.  2001, c. 25, s. 37 (1).

Service of notice

(2) Notice by prepaid registered mail shall be deemed to have been received on the fifth day following the mailing of the notice.  2001, c. 25, s. 37 (2).

Failure to comply with notice

(3) If the person to whom notice is given under subsection (1) fails to comply with the notice within 30 days after its receipt, the municipality may, at any reasonable time, enter upon the land and do whatever is necessary to close up the private road, entrance, gate or other structure as required by the notice at the expense of the owner.  2001, c. 25, s. 37 (3).

Deeming provision

(4) Notice under subsection (1) shall be deemed to be sufficient notice for the purpose of clause 431 (a).  2001, c. 25, s. 37 (4).

Municipality not required to restore land or pay compensation

(5) Clause 431 (c) does not require the work done under this section to be undone and clause 431 (d) does not require the municipality to provide compensation as a result of doing the work.  2001, c. 25, s. 37 (5).

Recovery of costs

(6) The municipality may recover the costs incurred by the municipality under subsection (3) from the owner by action or by adding the costs to the tax roll and collecting them in the same manner as taxes.  2001, c. 25, s. 37 (6).

Offence

(7) A municipality may pass a by-law providing that a person who fails to comply with a notice given under subsection (1) is guilty of an offence.  2001, c. 25, s. 37 (7).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 37 is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 18.  See: 2006, c. 32, Sched. A, ss. 18, 192 (2).

Permanently closing existing private roads, etc.

38. (1) Despite section 35, a by-law requiring the owner of any land to permanently close up a private road, entrance, gate or other structure legally constructed or legally being used as the sole means of motor vehicle access to and from the person’s land over any highway on the date of the passing of the by-law imposing that requirement is not valid unless the person agrees to the by-law.  2001, c. 25, s. 38 (1).

Includes all highways

(2) In subsection (1), “over any highway”, in relation to motor vehicle access, means over an upper-tier highway, a lower-tier highway, a single-tier highway or a provincial highway.  2001, c. 25, s. 38 (2).

Application to O.M.B. where no agreement

(3) Despite subsection (1), if an owner of land fails to agree to permanently close up a private road, entrance, gate or other structure legally constructed or legally being used as a means of access to a highway on the date of the passing of the by-law imposing that requirement within 30 days after receipt of the notice under subsection 37 (1), the municipality may apply to the Ontario Municipal Board for approval of the closing up of the road, entrance, gate or other structure.  2001, c. 25, s. 38 (3).

Restriction

(4) Subsections 37 (3) to (7) do not apply in respect of the failure to comply with the notice under subsection 37 (1) unless the Board approves the closing up of the road, entrance, gate or structure.  2001, c. 25, s. 38 (4).

Powers of O.M.B.

(5) The Board may refuse or grant its approval to the closing up of the private road, entrance, gate or other structure or part of it and may impose limitations and conditions on the municipality or the owner of the land respecting the closing of the private road, entrance, gate or other structure which may include the payment of compensation to the owner and the provision of an alternate means of access to the land.  2001, c. 25, s. 38 (5).

Conditions

(6) If the Board imposes limitations or conditions on the closing of a private road, entrance, gate or other structure, that part of the by-law requiring the closing is not valid unless the limitations and conditions are met.  2001, c. 25, s. 38 (6).

Specific property

(7) In subsection (6), “part of the by-law” refers only to the provisions in the by-law that relate to the specific private road, entrance, gate or other structure that is the subject matter of the appeal.  2001, c. 25, s. 38 (7).

No petition

(8) Section 95 of the Ontario Municipal Board Act does not apply to a decision of the Board under this section.  2001, c. 25, s. 38 (8).

Failure to comply

(9) If the Board grants approval to the closing up of the private road, entrance, gate or other structure and the owner fails to comply with the order of the Board within the time period specified in the order, or if no time period is specified, within 30 days after the order is made, the municipality may, at any reasonable time, enter upon the land and do whatever is necessary to close up the private road, entrance, gate or other structure as required by the order at the expense of the owner.  2001, c. 25, s. 38 (9).

Municipality not required to restore land or pay compensation

(10) Clause 431 (c) does not require the work done under this section to be undone and clause 431 (d) does not require the municipality to provide compensation as a result of doing the work.  2001, c. 25, s. 38 (10).

Recovery of costs

(11) The municipality may recover the costs incurred by the municipality under subsection (9) from the owner by action, by deducting the costs from any compensation to be paid to the owner by the municipality under the Board’s order or in the same manner as taxes.  2001, c. 25, s. 38 (11).

Offence

(12) A municipality may pass a by-law to provide that a person who fails to comply with an order of the Board within the time period specified under subsection (9) is guilty of an offence.  2001, c. 25, s. 38 (12).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 38 is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 18.  See: 2006, c. 32, Sched. A, ss. 18, 192 (2).

Appeal

39. (1) Subject to subsection (2), if an owner of land abutting a highway designated as a controlled-access highway applies to the municipality having jurisdiction over the highway for a licence or permit or other approval to construct or use a private road, entrance, gate or other structure as a means of access to the highway, the owner may appeal to the Ontario Municipal Board,

(a) if the municipality refuses the licence, permit or other approval, within 30 days after the refusal;

(b) if the municipality fails to make a decision on the application, within 45 days after the application is received by the clerk; or

(c) if the applicant objects to a condition or limitation on the licence, permit or other approval, within 30 days after the licence, permit or approval is given.  2001, c. 25, s. 39 (1).

Condition for appeal

(2) Subsection (1) applies to an owner only if the failure by the municipality to grant the licence, permit or other approval would result in that person having no motor vehicle access to and from the person’s land over any highway.  2001, c. 25, s. 39 (2).

Includes all highways

(3) In subsection (2), “over any highway”, in relation to motor vehicle access, means over an upper-tier highway, a lower-tier highway, a single-tier highway or a provincial highway.  2001, c. 25, s. 39 (3).

Order

(4) The Board may impose limitations and conditions on the municipality or the owner of the land respecting the construction and use of the private road, entrance, gate or other structure or respecting the refusal by the municipality, which may include the payment of compensation to the owner and the provision of an alternate means of access to the land.  2001, c. 25, s. 39 (4).

Conditions to be met

(5) If the Board imposes limitations or conditions on the municipality or the owner of the land respecting the construction or use, or both, of a private road, entrance, gate or other structure or respecting the refusal by the municipality, that part of the by-law permitting or refusing the construction or use, or both, of the private road, entrance, gate or other structure is not valid unless the limitations and conditions are met.  2001, c. 25, s. 39 (5).

Specific property

(6) In subsection (5), “part of the by-law” refers only to the provisions in the by-law that relate to the specific private road, entrance, gate or other structure that is the subject matter of the appeal.  2001, c. 25, s. 39 (6).

No petition

(7) Section 95 of the Ontario Municipal Board Act does not apply to a decision of the Board under this section.  2001, c. 25, s. 39 (7).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 39 is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 18.  See: 2006, c. 32, Sched. A, ss. 18, 192 (2).

Toll highways

40. (1) Subject to sections 36 to 39, a municipality may,

Note:  On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 19 by striking out “Subject to sections 36 to 39” at the beginning.  See:  2006, c. 32, Sched. A, ss. 19, 192 (2).

(a) designate a highway as a toll highway; and

(b) operate and maintain the designated highway as a toll highway.  2001, c. 25, s. 40 (1).

Restriction

(2) Despite subsection (1) and section 35, a municipality does not have the power to designate, operate and maintain a highway as a toll highway until a regulation is made under this section that applies to the proposed toll highway.  2001, c. 25, s. 40 (2).

Regulations

(3) The Lieutenant Governor in Council may make regulations providing for any matters which, in the opinion of the Lieutenant Governor in Council, are necessary or desirable for the purposes of this section, including,

(a) requiring a municipality to obtain the approval of any person or body before designating, operating or maintaining a highway as a toll highway;

(b) providing for criteria which must be met before a municipality can designate, operate or maintain a highway as a toll highway;

(c) imposing conditions and limitations on the powers of the municipality to designate, operate or maintain a highway as a toll highway;

(d) granting municipalities powers with respect to the operation and maintenance of a toll highway, including powers with respect to the collection and enforcement of tolls imposed for the use of a toll highway;

(e) without limiting clause (d), providing that the provisions of the Capital Investment Plan Act, 1993 and the regulations under that Act which relate to toll highways apply to municipalities with such changes as are prescribed;

(f) establishing process requirements with respect to the designation, operation and maintenance of a highway as a toll highway, including requiring a municipality to provide notice to the Minister or any other person or body of its intention to designate a highway as a toll highway;

(g) providing that the Minister or any other person or body who receives notice under clause (f) may prohibit the municipality from making the designation even though the designation is otherwise authorized under the regulation.  2001, c. 25, s. 40 (3).

Conflicts

(4) In the event of a conflict between a regulation under this section and a provision of any Act or regulation, the regulation under this section prevails.  2001, c. 25, s. 40 (4).

Prohibiting motor vehicles on highway

41. If a municipality passes a by-law permanently prohibiting all motor vehicle traffic from using a highway for its whole width, subsections 34 (1) to (4) and (7) to (10) apply to the by-law.  2001, c. 25, s. 41.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 41 is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 20.  See: 2006, c. 32, Sched. A, ss. 20, 192 (2).

Delegation

42. A municipality may delegate to a committee of council or to an employee of the municipality, subject to any conditions which the municipality may impose, the power to close a highway temporarily for any purpose specified in the by-law.  2001, c. 25, s. 42.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 42 is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 20.  See: 2006, c. 32, Sched. A, ss. 20, 192 (2).

Conveyance of closed highway

43. A municipality that permanently closes a highway shall not convey the land forming the highway if it is covered with water without the consent of the Ministry of Natural Resources.  2001, c. 25, s. 43.

Maintenance

44. (1) The municipality that has jurisdiction over a highway or bridge shall keep it in a state of repair that is reasonable in the circumstances, including the character and location of the highway or bridge.  2001, c. 25, s. 44 (1).

Liability

(2) A municipality that defaults in complying with subsection (1) is, subject to the Negligence Act, liable for all damages any person sustains because of the default.  2001, c. 25, s. 44 (2).

Defence

(3) Despite subsection (2), a municipality is not liable for failing to keep a highway or bridge in a reasonable state of repair if,

(a) it did not know and could not reasonably have been expected to have known about the state of repair of the highway or bridge;

(b) it took reasonable steps to prevent the default from arising; or

(c) at the time the cause of action arose, minimum standards established under subsection (4) applied to the highway or bridge and to the alleged default and those standards have been met.  2001, c. 25, s. 44 (3).

Regulations

(4) The Minister of Transportation may make regulations establishing minimum standards of repair for highways and bridges or any class of them.  2001, c. 25, s. 44 (4).

General or specific

(5) The minimum standards may be general or specific in their application.  2001, c. 25, s. 44 (5).

Adoption by reference

(6) A regulation made under subsection (4) may adopt by reference, in whole or in part, with such changes as the Minister of Transportation considers desirable, any code, standard or guideline, as it reads at the time the regulation is made or as it is amended from time to time, whether before or after the regulation is made.  2001, c. 25, s. 44 (6).

(7) Repealed:  2002, c. 24, Sched. B, s. 25.

Untravelled portions of highway

(8) No action shall be brought against a municipality for damages caused by,

(a) the presence, absence or insufficiency of any wall, fence, rail or barrier along or on any highway; or

(b) any construction, obstruction or erection, or any siting or arrangement of any earth, rock, tree or other material or object adjacent to or on any untravelled portion of a highway, whether or not an obstruction is created due to the construction, siting or arrangement.  2001, c. 25, s. 44 (8).

Sidewalks

(9) Except in case of gross negligence, a municipality is not liable for a personal injury caused by snow or ice on a sidewalk.  2001, c. 25, s. 44 (9).

Notice

(10) No action shall be brought for the recovery of damages under subsection (2) unless, within 10 days after the occurrence of the injury, written notice of the claim and of the injury complained of has been served upon or sent by registered mail to,

(a) the clerk of the municipality; or

(b) if the claim is against two or more municipalities jointly responsible for the repair of the highway or bridge, the clerk of each of the municipalities.  2001, c. 25, s. 44 (10).

Exception

(11) Failure to give notice is not a bar to the action in the case of the death of the injured person as a result of the injury.  2001, c. 25, s. 44 (11).

Same

(12) Failure to give notice or insufficiency of the notice is not a bar to the action if a judge finds that there is reasonable excuse for the want or the insufficiency of the notice and that the municipality is not prejudiced in its defence.  2002, c. 24, Sched. B, s. 42.

(13) Repealed:  2002, c. 24, Sched. B, s. 42.

No responsibility for acts of others

(14) Nothing in this section imposes any obligation or liability on a municipality for an act or omission of a person acting under a power conferred by law over which the municipality had no control unless,

(a) the municipality participated in the act or omission; or

(b) the power under which the person acted was a by-law, resolution or licence of the municipality.  2001, c. 25, s. 44 (14).

No liability

(15) A municipality is not liable for damages under this section unless the person claiming the damages has suffered a particular loss or damage beyond what is suffered by that person in common with all other persons affected by the lack of repair.  2001, c. 25, s. 44 (15).

No personal liability

45. (1) No proceeding shall be commenced against a member of council or an officer or employee of the municipality for damages based on the default of the municipality in keeping a highway or bridge in a state of repair that is reasonable in light of all of the circumstances, including the character and location of the highway or bridge.  2001, c. 25, s. 45 (1).

Exception, contractors

(2) Subsection (1) does not apply to a contractor with the municipality, including any officer or employee who is acting as a contractor, whose act or omission caused the damages.  2001, c. 25, s. 45 (2).

Nuisance

46. Subsections 44 (6) to (15) apply to an action brought against a municipality for damages that result from the presence of any nuisance on a highway.  2001, c. 25, s. 46.

Note:  On a day to be named by proclamation of the Lieutenant Governor, section 46 is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 21 by striking out “44 (6) to (15)” and substituting “44 (8) to (15)”.  See:  2006, c. 32, Sched. A, ss. 21, 192 (2).

Naming highways

47. Before passing a by-law naming a highway or changing the name of a highway, a municipality shall give public notice of its intention to pass the by-law.  2001, c. 25, s. 47.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 47 is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 22.  See: 2006, c. 32, Sched. A, ss. 22, 192 (2).

Naming private roads

48. A local municipality may name or change the name of a private road after giving public notice of its intention to pass the by-law.  2001, c. 25, s. 48.

Disabled parking permits

49. If a municipality passes a by-law for establishing a system of disabled parking, the sole manner of identifying vehicles shall be a disabled parking permit issued under and displayed in accordance with the Highway Traffic Act and the regulations made under it.  2001, c. 25, s. 49.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 49 is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 22.  See: 2006, c. 32, Sched. A, ss. 22, 192 (2).

Restriction, motor vehicles

50. A municipality does not have power to pass a by-law establishing a system of permits for motor vehicles or trailers, as those terms are defined in the Highway Traffic Act, similar to the system under Part II of that Act.  2001, c. 25, s. 50.

Restriction, farming vehicles

51. (1) Subject to subsection (2), a municipality does not have the power to pass a by-law under the “Highways, including and parking and traffic on highways” sphere of jurisdiction to require that a licence or permit be obtained in respect of a wheeled vehicle used for farming purposes before the vehicle may be used upon any highway of the municipality.  2001, c. 25, s. 51 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 23 and the following substituted:

Restriction, farming vehicles

(1) Subject to subsection (2), a municipality does not have the power to require that a licence or permit be obtained in respect of a wheeled vehicle used for farming purposes before the vehicle may be used upon any highway of the municipality.  2006, c. 32, Sched. A, s. 23.

See: 2006, c. 32, Sched. A, ss. 23, 192 (2).

Limitation

(2) Subsection (1) applies to a vehicle used for farm purposes only when travelling from farm to farm for farm purposes or when travelling to or from places for the maintenance or repair of the vehicle.  2001, c. 25, s. 51 (2).

Jurisdiction, upper-tier municipality

52. (1) An upper-tier municipality may add a lower-tier highway, including a boundary line highway, to its highway system from any of its lower-tier municipalities.  2001, c. 25, s. 52 (1).

Boundary line

(2) An upper-tier municipality may add to its highway system such highways forming the boundary line between the upper-tier municipality and an adjoining municipality as are agreed upon between them, in which case the upper-tier municipality and the adjoining municipality have joint jurisdiction over the highways.  2001, c. 25, s. 52 (2).

Jurisdiction

(3) If a highway forms part of the upper-tier highway system, the upper-tier municipality has jurisdiction over the highway.  2001, c. 25, s. 52 (3).

Removal

(4) An upper-tier municipality may remove a highway, including a boundary line highway, from its system.  2001, c. 25, s. 52 (4).

Effect of removal

(5) If a highway is removed from an upper-tier highway system, it is under the jurisdiction of the lower-tier municipality in which the highway is located.  2001, c. 25, s. 52 (5).

Joint jurisdiction

(6) If a highway that forms the boundary line between two lower-tier municipalities forming part of the same upper-tier municipality is removed from an upper-tier highway system, section 29 applies in respect of that highway.  2001, c. 25, s. 52 (6).

Same

(7) If a highway that forms the boundary line between an upper-tier municipality and an adjoining municipality is removed from the upper-tier highway system, the lower-tier municipality in which the highway is located and the adjoining municipality have joint jurisdiction over the highway.  2001, c. 25, s. 52 (7).

Transfer of jurisdiction

53. If jurisdiction over a highway is transferred from one municipality to another municipality under section 52,

(a) the municipality to which jurisdiction over the highway has been transferred stands in the place of the transferor under any agreement in respect of the highway; and

(b) if jurisdiction over the highway has been transferred from a lower-tier municipality to its upper-tier municipality, the upper-tier municipality shall pay to the lower-tier municipality, before the due date, all amounts becoming due upon any debt of the lower-tier municipality in respect of the highway.  2001, c. 25, s. 53.

Jurisdiction re: bridges

54. An upper-tier municipality that had jurisdiction over a bridge on a lower-tier highway on the day this section came into force continues to have jurisdiction over the approaches to it for 30 metres at each end of the bridge or any other distance agreed upon by the upper-tier municipality and the lower-tier municipality.  2001, c. 25, s. 54.

Upper-tier sidewalks

55. (1) An upper-tier municipality is not responsible for the construction and maintenance of sidewalks on its highways and the lower-tier municipality in which the highways are located is responsible for the construction and maintenance of the sidewalks and has jurisdiction over that part of the highway, unless the municipalities agree otherwise.  2001, c. 25, s. 55 (1).

Injury, damages

(2) A lower-tier municipality that is responsible for the construction and maintenance of the sidewalks on upper-tier highways is liable for any injury or damage arising from the construction or presence of the sidewalk to the same extent and subject to the same limitations to which a municipality is liable under section 44 in respect of a sidewalk on its own highway.  2001, c. 25, s. 55 (2).

Improvements on upper-tier highways

(3) A lower-tier municipality may, with the agreement of the upper-tier municipality, construct a sidewalk or other improvement or service on an upper-tier highway and the lower-tier municipality is liable for any injury or damage arising from the construction or presence of the sidewalk, improvement or service.  2001, c. 25, s. 55 (3).

Intersections

56. Where an upper-tier highway intersects a lower-tier highway, the continuation of the upper-tier highway to its full width across the lower-tier highway intersected is an upper-tier highway.  2001, c. 25, s. 56.

Closing lower-tier highways

57. (1) An upper-tier municipality may permanently close or alter a lower-tier highway that intersects or runs into an upper-tier highway with the agreement of the lower-tier municipality.  2001, c. 25, s. 57 (1).

Public notice

(2) Section 34 applies with necessary modifications to a highway closed under this section.  2001, c. 25, s. 57 (2).

Lacking agreement of lower-tier

(3) Despite subsection (1), if within 30 days after public notice was given of the intention to pass the by-law, the lower-tier municipality fails to agree to close up or alter a highway under this section, the upper-tier municipality may apply to the Ontario Municipal Board for approval of the highway closing or alteration.  2001, c. 25, s. 57 (3).

Board order

(4) The Board may by order,

(a) refuse or grant its approval to the closing or alteration of the highway;

(b) provide that only a portion of the highway be closed or altered; and

(c) impose conditions and limitations on the upper-tier municipality or the lower-tier municipality respecting the closing of the highway or portion of the highway.  2001, c. 25, s. 57 (4).

Conditions to be met

(5) If the Board imposes conditions or limitations on the closing of the highway, the by-law is not valid unless the conditions or limitations are met.  2001, c. 25, s. 57 (5).

No petition

(6) Section 95 of the Ontario Municipal Board Act does not apply to a decision of the Board under this section.  2001, c. 25, s. 57 (6).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 57 is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 24.  See: 2006, c. 32, Sched. A, ss. 24, 192 (2).

Zoning restrictions

58. (1) An upper-tier municipality has, in respect of land lying within 45 metres from any limit of an upper-tier highway, all the powers conferred on a local municipality under section 34 of the Planning Act for prohibiting the erecting or locating of buildings and other structures within that area.  2001, c. 25, s. 58 (1).

Conflicts

(2) If there is a conflict between a by-law passed by an upper-tier municipality under subsection (1) and a by-law passed by a lower-tier municipality under section 34 of the Planning Act, the by-law of the upper-tier municipality prevails to the extent of the conflict, but in all other respects the by-law passed by the lower-tier municipality remains in effect.  2001, c. 25, s. 58 (2).

Sign restrictions

59. An upper-tier municipality may prohibit or regulate the placing or erecting of any sign, notice or advertising device within 400 metres of any limit of an upper-tier highway.  2001, c. 25, s. 59.

Note:  On a day to be named by proclamation of the Lieutenant Governor, section 59 is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 25 by adding “Without limiting sections 9, 10 and 11” at the beginning.  See:  2006, c. 32, Sched. A, ss. 25, 192 (2).

Entry on land, snow fences

60. Despite section 19, a municipality may, at any reasonable time, enter upon any land within the municipality or within an adjoining municipality and lying along any highway under its jurisdiction, including land owned by Her Majesty in right of Ontario, for the purpose of erecting and maintaining a snow fence.  2001, c. 25, s. 60.

Entry on land, naming highways

61. (1) A municipality may, at any reasonable time, enter upon land lying along a highway to install and maintain a sign setting out the name of a highway.  2001, c. 25, s. 61 (1).

Private roads

(2) If a local municipality has passed a by-law under section 48 to name or change the name of a private road, the municipality may, at any reasonable time, enter upon land lying along the private road to install and maintain a sign setting out the name of the road.  2001, c. 25, s. 61 (2).

Entry on land, tree trimming

62. (1) A municipality may, at any reasonable time, enter upon land lying along any of its highways,

(a) to inspect trees and conduct tests on trees; and

(b) to remove decayed, damaged or dangerous trees or branches of trees if, in the opinion of the municipality, the trees or branches pose a danger to the health or safety of any person using the highway.  2001, c. 25, s. 62 (1).

Immediate danger

(2) Despite clause 431 (a), an employee or agent of the municipality may remove a decayed, damaged or dangerous tree or branch of a tree immediately and without notice to the owner of the land upon which the tree is located if, in the opinion of the employee or agent, the tree or branch poses an immediate danger to the health or safety of any person using the highway.  2001, c. 25, s. 62 (2).

Note:  On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 26 by striking out “Despite clause 431 (a)” at the beginning.  See:  2006, c. 32, Sched. A, ss. 26, 192 (2).

Application to court

62.1 (1) A municipality may apply to a judge of the Superior Court of Justice for an order requiring the owner of land lying along a highway to remove or alter any vegetation, building or object on the land that may obstruct the vision of pedestrians or drivers of vehicles on the highway, cause the drifting or accumulation of snow or harm the highway if the municipality is unable to enter into an agreement with the owner of the land to alter or remove the vegetation, building or object from the land.  2002, c. 17, Sched. A, s. 10.

Order

(2) Upon application by the municipality under subsection (1), the judge may make an order, subject to the payment of such compensation to the owner or other conditions as the judge may fix,

(a) requiring the owner of the land to remove or alter the vegetation, building or object in respect of which the application is made; or

(b) authorizing the municipality to enter upon the land, upon such notice to the owner as the judge may fix, to remove or alter the vegetation, building or object.  2002, c. 17, Sched. A, s. 10.

Impounding of objects, vehicles on highway

63. (1) If a municipality passes a by-law for prohibiting or regulating the placing, stopping, standing or parking of an object or vehicle on a highway, it may provide for the removal and impounding or restraining and immobilizing of any object or vehicle placed, stopped, standing or parked on a highway in contravention of the by-law and subsection 170 (15) of the Highway Traffic Act applies to the by-law.  2001, c. 25, s. 63 (1).

Perishable objects

(2) Any perishable object in the object or vehicle removed from the highway is the property of the municipality upon being moved from the highway and may be destroyed or given to a charitable institution.  2001, c. 25, s. 63 (2).

Exception

(3) Subsection (2) does not apply to a perishable object that comes into the possession of a police force in the circumstances described in section 132 of the Police Services Act.  2002, c. 17, Sched. A, s. 11.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 63 is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 27 and the following substituted:

Impounding of objects, vehicles on highway

63. (1) If a municipality passes a by-law for prohibiting or regulating the placing, stopping, standing or parking of an object or vehicle on or near a highway, it may provide for the removal and impounding or restraining and immobilizing of any object or vehicle placed, stopped, standing or parked on or near a highway in contravention of the by-law and subsection 170 (15) of the Highway Traffic Act applies with necessary modifications to the by-law.  2006, c. 32, Sched. A, s. 27.

Exception

(2) Subsection (1) does not authorize any action with respect to a motor vehicle on a parking lot on land not owned or occupied by the municipality.  2006, c. 32, Sched. A, s. 27.

Entry on land

(3) The municipality may, at any reasonable time, enter upon land near a highway for a purpose described in subsection (1).  2006, c. 32, Sched. A, s. 27.

Sale of impounded object, etc.

(4) Despite subsection (1), if the removed object or vehicle, other than a motor vehicle, is used to sell anything on or near a highway and the object or vehicle is not claimed by the owner within 60 days after its removal, it becomes the property of the municipality and may be sold and the proceeds shall form part of the general funds of the municipality.  2006, c. 32, Sched. A, s. 27.

Perishable objects

(5) Despite subsections (1) and (4), any perishable object or refreshment in or on the removed object or vehicle becomes the property of the municipality upon removal and may be destroyed or given to a charitable institution.  2006, c. 32, Sched. A, s. 27.

Exception

(6) Subsection (5) does not apply to a perishable object or refreshment that comes into the possession of a police force in the circumstances described in section 132 of the Police Services Act.  2006, c. 32, Sched. A, s. 27.

See: 2006, c. 32, Sched. A, ss. 27, 192 (2).

Territorial district

64. (1) A township in a territorial district, other than a township in The District Municipality of Muskoka, surveyed without road allowances may establish highways, where necessary, on land in which 5 per cent of the land is reserved for highways and the provisions of this Act as to compensation for land taken or injuriously affected by the exercise of the powers conferred by this section do not apply to the establishing of the highways.  2001, c. 25, s. 64 (1).

Definition

(2) In this section,

“township” means a local municipality which had the status of a township on December 31, 2002.  2001, c. 25, s. 64 (2).

Mistakes

65. (1) If, before January 1, 2003, a municipality by mistake opened a highway not wholly upon the original road allowance, the land occupied by the highway shall be deemed to have been expropriated by the municipality and no person on whose land the highway was opened may bring an action in respect of the opening of the highway or to recover possession of the land.  2001, c. 25, s. 65 (1).

Compensation

(2) The person on whose land the highway was opened is entitled to compensation in accordance with the Expropriations Act as if the land were expropriated.  2001, c. 25, s. 65 (2).

Highways not opened on original road allowance

66. (1) If, before January 1, 2003, a highway was opened on land in the place of all or part of an original road allowance and compensation was not paid for the land, the owner of the land appropriated for the highway or the successor in title to the owner is entitled to the following:

1. If that person owns the land abutting on the allowance, the owner is entitled to the soil and freehold of the original road allowance and to a conveyance of the original road allowance.

2. If that person does not own the land abutting on the allowance and if the allowance is sold by the municipality, the owner is entitled to the part of the purchase price that bears the same proportion to the whole purchase price as the value of the part of the land occupied by the highway that belonged to the owner bears to the value of the land occupied by the highway.  2001, c. 25, s. 66 (1).

Multiple owners

(2) If the land abutting on the original road allowance or part of the original road allowance is owned by more than one person, each person is entitled to the soil and freehold of and a conveyance of that part of the allowance abutting their land to the middle line of the allowance.  2001, c. 25, s. 66 (2).

Person in possession

67. (1) If, before January 1, 2003, a person in possession of an original road allowance or a predecessor in title of that person opened a highway in the place of the original road allowance on that person’s land without receiving compensation for the land and the person is in possession of all or part of the original road allowance, that person is entitled to the soil and freehold of the allowance or part of it and to a conveyance of the original road allowance or part of it.  2001, c. 25, s. 67 (1).

Multiple persons in possession

(2) If more than one person is in possession of the road allowance, each person is entitled to the soil and freehold of and a conveyance of that part of the allowance abutting their land to the middle line of the allowance.  2001, c. 25, s. 67 (2).

Condition

(3) This section only applies if the highway has been established by by-law of the municipality or otherwise assumed for public use by the municipality and if, in the opinion of the council of the municipality, the original road allowance is not needed by the municipality.  2001, c. 25, s. 67 (3).

Enclosed road allowance

68. (1) If, on the day this Act receives Royal Assent, a person was in possession of part of an original road allowance abutting the person’s land and that part was enclosed with a lawful fence, that person shall, as against every person except the municipality, be deemed to have legal possession of that part of the road allowance until a by-law is passed assuming the road allowance for public use or requiring the person to remove the fence.  2001, c. 25, s. 68 (1).

Limitation

(2) Subsection (1) only applies if the part of the original road allowance has not been assumed for public use because another road is being used in its place or if another road parallel or near to it was established in its place.  2001, c. 25, s. 68 (2).

Transportation

Passenger transportation systems

69. (1) This section applies to passenger transportation systems other than the following:

1. Vehicles and marine vessels used for sightseeing tours.

2. Vehicles exclusively chartered to transport a group of persons for a specific trip within the municipality for compensation.

3. Buses used to transport pupils, including buses owned and operated by, or operated under a contract with, a school board, private school or charitable organization.

4. Buses owned and operated by a corporation or organization solely for its own purposes without compensation for transportation.

5. Taxicabs.

6. Railway systems of railway companies incorporated under federal or provincial statutes.

7. Ferries.

8. Aviation systems.  2001, c. 25, s. 69 (1).

By-laws

(2) A municipality that has the authority to establish, operate and maintain a type of passenger transportation system may,

(a) by by-law provide that no person except the municipality shall establish, operate and maintain all or any part of a passenger transportation system of that type within all of the municipality or that area of the municipality designated in the by-law; and

(b) despite section 106 and any by-law under clause (a), enter into an agreement granting a person the exclusive or non-exclusive right to establish, operate or maintain all or any part of a passenger transportation system of that type within all of the municipality or that area of the municipality designated in the agreement under such conditions as the municipality provides, including a condition that the municipality pay any deficit incurred by the person in establishing, operating or maintaining the system.  2001, c. 25, s. 69 (2).

More than one authority

(3) If both an upper-tier municipality and one of its lower-tier municipalities have the authority to establish, operate and maintain the same type of passenger transportation system, a by-law under clause (2) (a) with respect to that type of passenger transportation system must be passed by both municipalities.  2001, c. 25, s. 69 (3).

Deficit

(4) A municipality that incurs a deficit in establishing, operating or maintaining its own passenger transportation system, or that enters into an agreement under clause (2) (b) to pay a deficit incurred by another person in establishing, operating or maintaining such a system, may levy a special rate on all the rateable property in the area served by its own system or in the area designated in the agreement to recover the deficit.  2001, c. 25, s. 69 (4).

Rights unaffected

(5) Nothing in this section prevents a person from establishing, operating or maintaining a passenger transportation system that is used to convey passengers or passengers and property through an area designated under subsection (2) from a point within the designated area to a point outside the designated area or from a point outside the designated area to a point inside the designated area.  2001, c. 25, s. 69 (5).

Existing rights

(6) Nothing in this section affects any rights existing on the day before the area is designated under subsection (2) of a person with a valid operating licence under the Public Vehicles Act.  2001, c. 25, s. 69 (6).

Operating outside municipality

(7) Despite subsection (1) and section 19 and subject to the Public Vehicles Act, a municipality may, if one of the purposes for so acting is for its own purposes, exercise its powers under the “transportation systems, other than highways” sphere of jurisdiction in relation to a bus passenger transportation system and a ferry transportation system in the municipality and between any point within the municipality and any point outside the municipality, including outside Ontario.  2001, c. 25, s. 69 (7); 2002, c. 17, Sched. A, s. 12.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (7) is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 28 and the following substituted:

Power exercised outside municipality re buses, ferries

(7) Despite subsection (1) and section 19 and subject to the Public Vehicles Act, a municipality may, if one of the purposes for so acting is for its own purposes, exercise its powers under subsection 10 (1) or 11 (1), paragraph 7 of subsection 10 (2), paragraph 7 of subsection 11 (2) or paragraph 2 of subsection 11 (3) in relation to a bus passenger transportation system and a ferry transportation system in the municipality and between any point within the municipality and any point outside the municipality, including outside Ontario.  2006, c. 32, Sched. A, s. 28.

See: 2006, c. 32, Sched. A, ss. 28, 192 (2).

Airports

70. Despite section 19, a municipality may, if one of the purposes for so acting is for its own purposes, exercise its powers under the “transportation systems, other than highways” sphere of jurisdiction in relation to airports in the municipality, in another municipality or in unorganized territory.  2001, c. 25, s. 70; 2002, c. 17, Sched. A, s. 13.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 70 is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 29 and the following substituted:

Airports

70. Despite section 19, a municipality may, if one of the purposes for so acting is for its own purposes, exercise its powers under subsection 10 (1) or 11 (1), paragraph 7 of subsection 10 (2), paragraph 7 of subsection 11 (2) or paragraph 2 of subsection 11 (3) in relation to airports in the municipality, in another municipality or in unorganized territory.  2006, c. 32, Sched. A, s, 29.

See: 2006, c. 32, Sched. A, ss, 29, 192 (2).

London

71. Nothing in subsection 3 (1) of The City of London Act, 1960-61 or in section 69 affects the right of any person to establish, operate and maintain a bus transportation system within the City of London in accordance with a valid operating licence issued to that person under the Public Vehicles Act on or before December 31, 1992.  2001, c. 25, s. 71.

Waterloo

72. Nothing in section 35 of the Regional Municipality of Waterloo Act, as it read immediately before its repeal or in section 69 affects the right of any person to establish, operate and maintain a bus transportation system within The Regional Municipality of Waterloo in accordance with a valid operating licence issued to that person under the Public Vehicles Act on or before the day the regional municipality established a transportation system under section 35 of the Regional Municipality of Waterloo Act.  2001, c. 25, s. 72.

Deeming provision, Waterloo

73. For the purposes of the Public Vehicles Act, a bus transportation system provided by The Regional Municipality of Waterloo within its boundaries shall be deemed to be provided within the corporate limits of one urban municipality.  2001, c. 25, s. 73.

Waste Management

Power exercised outside of boundaries

74. Despite section 19, a municipality may, if one of the purposes for so acting is for its own purposes, exercise its powers under its “waste management” sphere of jurisdiction in the municipality, in another municipality or in unorganized territory.  2001, c. 25, s. 74; 2002, c. 17, Sched. A, s. 14.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 74 is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 30 and the following substituted:

Power exercised outside municipality re waste management

74. Despite section 19, a municipality may, if one of the purposes for so acting is for its own purposes, exercise its powers under subsection 10 (1) or 11 (1), paragraph 7 of subsection 10 (2), paragraph 7 of subsection 11 (2) or paragraph 3 of subsection 11 (3) in relation to waste management in the municipality, in another municipality or in unorganized territory.  2006, c. 32, Sched. A, s. 30.

See: 2006, c. 32, Sched. A, ss. 30, 192 (2).

Designation of services, facilities

75. (1) An upper-tier municipality may designate any of its waste management services or facilities for the management of waste or any class of waste of any of its lower-tier municipalities for which it has the power to provide the service or facility.  2001, c. 25, s. 75 (1).

Note:  On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 31 by adding “Without limiting sections 9, 10 and 11” at the beginning.  See:  2006, c. 32, Sched. A, ss. 31, 192 (2).

Effect of designation

(2) If a designation has been made, the lower-tier municipality shall not utilize any services or facilities of the upper-tier municipality or any other person for the management of the designated waste other than the services or facilities that have been designated for that lower-tier municipality.  2001, c. 25, s. 75 (2).

Entry and inspection

76. (1) For the purpose of obtaining information that a municipality considers necessary for the municipality to meet the requirements of or to obtain an approval under any Act relating to the planning, establishment, operation, management, alteration or improvement of a waste disposal site or any other waste management facility, the municipality may, at reasonable times, enter on and inspect any land, including conducting tests of the land and removing samples or extracts.  2001, c. 25, s. 76 (1).

Restriction

(2) Subsection (1) does not allow a municipality to enter any building.  2001, c. 25, s. 76 (2).

Fines relating to waste

77. (1) A municipality may, in a by-law prohibiting or regulating any matter passed under the “waste management” sphere of jurisdiction, provide that a person who contravenes the by-law is guilty of an offence and is liable,

(a) on a first conviction, to a fine of not more than $10,000; and

(b) on any subsequent conviction, to a fine of not more than $25,000.  2001, c. 25, s. 77 (1).

Corporations

(2) Despite subsection (1), where the person convicted is a corporation, the maximum fines in clauses (1) (a) and (b) are $50,000 and $100,000, respectively.  2001, c. 25, s. 77 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 77 is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 32.  See: 2006, c. 32, Sched. A, ss. 32, 192 (2).

Public Utilities

Entry on land

78. (1) For the purposes of providing a water public utility, a municipality may, at any reasonable time, subject to section 19 and despite section 27, enter on highways in or outside of the municipality to install, construct and maintain pipes and other works for the distribution of water without the consent of the body which owns the highway.  2001, c. 25, s. 78 (1); 2002, c. 17, Sched. A, s. 15 (1).

Entry on highways

(2) For the purposes of providing a public utility, other than a water public utility, a municipality may, at any reasonable time, despite section 27, enter on highways in the municipality to install, construct and maintain pipes, wires, poles, equipment, machinery and other works without the consent of the body which owns the highway.  2001, c. 25, s. 78 (2); 2002, c. 17, Sched. A, s. 15 (2).

Powers not restricted

(3) Nothing in this section prevents a body that owns a highway from regulating the activities described in subsections (1) and (2) on its highway in a reasonable manner, including regulating with respect to notice, timing and co-ordination of the activities and the requirement to obtain a permit before engaging in the activities.  2001, c. 25, s. 78 (3); 2002, c. 17, Sched. A, s. 15 (3).

Entry into buildings, etc.

79. (1) If a municipality has the consent of an owner or occupant to connect a public utility to a part of a building and other parts of the building belong to different owners or are in the possession of different occupants, the municipality may, at reasonable times, without consent, enter on their land and install, construct and maintain pipes, wires, equipment, machinery and other works necessary to make the connection.  2001, c. 25, s. 79 (1).

Entry on common passages

(2) If a municipality has the consent of an owner or occupant to connect a public utility to land and the owner or occupant shares a mutual driveway or other common passage with the owners or occupants of neighbouring land, the municipality may, at reasonable times, without consent, enter the common passage and install, construct and maintain pipes, wires, equipment, machinery and other works necessary to make the connection.  2001, c. 25, s. 79 (2).

Entry on land served by public utility

80. (1) A municipality may, at reasonable times, enter on land to which it supplies a public utility,

(a) to inspect, repair, alter or disconnect the service pipe or wire, machinery, equipment and other works used to supply the public utility; or

(b) to inspect, install, repair, replace or alter a public utility meter.  2001, c. 25, s. 80 (1).

Reduced supply

(2) For the purposes of subsection (1), a municipality may shut off or reduce the supply of the public utility to the land.  2001, c. 25, s. 80 (2).

Entry on land, discontinuance of utility

(3) If a customer discontinues the use of a public utility on land or a municipality lawfully decides to cease supplying the public utility to land, the municipality may enter on the land,

(a) to shut off the supply of the public utility;

(b) to remove any property of the municipality; or

(c) to determine whether the public utility has been or is being unlawfully used.  2001, c. 25, s. 80 (3).

Shut off of public utility

81. (1) A municipality may shut off the supply of a public utility by the municipality to land if fees or charges payable by the owners or occupants of the land for the supply of the public utility to the land are overdue.  2001, c. 25, s. 81 (1).

Note:  On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 33 (1) by adding “Without limiting sections 9, 10 and 11” at the beginning.  See:  2006, c. 32, Sched. A, ss. 33 (1), 192 (2).

Additional power

(2) In addition to the power under subsection (1), a municipality may shut off the supply of water to land if fees or charges payable by the owners or occupants of the land in respect of a sewage system are overdue and the fees or charges are based on the fees payable for the supply of water to the land.  2001, c. 25, s. 81 (2).

Note:  On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 33 (2) by adding “and without limiting sections 9, 10 and 11” after “subsection (1)”.  See:  2006, c. 32, Sched. A, ss. 33 (2), 192 (2).

Notice

(3) Despite subsections (1) and (2), a municipality shall provide reasonable notice of the proposed shut-off to the owners and occupants of the land by personal service or prepaid mail or by posting the notice on the land in a conspicuous place.  2001, c. 25, s. 81 (3).

Recovery of fees

(4) A municipality may recover all fees and charges payable despite shutting off the supply of the public utility.  2001, c. 25, s. 81 (4).

No liability for damages

82. (1) A municipality is not liable for damages caused by the interruption or reduction of the amount of a public utility supplied to a municipality or to the land of any person as a result of an emergency or a breakdown, repair or extension of its public utility if, in the circumstances, reasonable notice of its intention to interrupt or reduce the supply is given.  2001, c. 25, s. 82 (1).

Allocation

(2) If the supply of a public utility to a municipality is interrupted or reduced, the municipality may allocate the available public utility among its customers.  2001, c. 25, s. 82 (2).

Effect

(3) Nothing done under subsection (2) shall be deemed to be a breach of contract, to entitle any person to rescind a contract or to release a guarantor from the performance of the guarantor’s obligation.  2001, c. 25, s. 82 (3).

Security

83. A municipality may, as a condition of supplying or continuing to supply a public utility, require reasonable security be given for the payment of fees and charges for the supply of the public utility or for extending the public utility to land.  2001, c. 25, s. 83.

Note:  On a day to be named by proclamation of the Lieutenant Governor, section 83 is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 34 by adding “Without limiting sections 9, 10 and 11” at the beginning.  See:  2006, c. 32, Sched. A, ss. 34, 192 (2).

84. Repealed:  2002, c. 24, Sched. B, s. 25.

Exemption from seizure

85. Personal property of a municipality which is used for or in connection with the supply of a public utility to land is exempt from seizure,

(a) against the owner or occupant of the land under the Execution Act; and

(b) against a person with a leasehold interest in the land for overdue rent.  2001, c. 25, s. 85.

Mandatory supply

86. (1) Despite section 19, a municipality shall supply a building with a water or sewage public utility if,

(a) the building lies along a supply line of the municipality for the public utility;

(b) in the case of a water public utility, there is a sufficient supply of water for the building;

(c) in the case of a sewage public utility, there is sufficient capacity for handling sewage from the building; and

(d) the owner, occupant or other person in charge of the building requests the supply in writing.  2001, c. 25, s. 86 (1).

Exception

(2) Subsection (1) does not apply if the supply of the public utility to a building or to the land on which the building is located would contravene an official plan under the Planning Act that applies to the building, land or public utility.  2001, c. 25, s. 86 (2).

Entry on land re: sewage systems

87. A municipality may enter on land, at reasonable times, to inspect the discharge of any matter into the sewage system of the municipality or into any other sewage system the contents of which ultimately empty into the municipal sewage system and may conduct tests and take samples for this purpose.  2001, c. 25, s. 87.

Upper-tier entry on land

88. (1) An upper-tier municipality has, during and after the construction of a work of one of its lower-tier municipalities that is or is intended to be connected to an upper-tier work, the power to enter upon land, at reasonable times, to inspect the lower-tier work and to inspect and copy plans, records, specifications and other information related to the construction, operation and maintenance of the lower-tier work.  2001, c. 25, s. 88 (1).

Definition

(2) In this section,

“work” means land, buildings, structures, plant, machinery, equipment, devices, conduits, intakes, outfalls or outlets and other works used or designed for the collection, treatment or disposition of sewage or the production, treatment, storage or distribution of water.  2001, c. 25, s. 88 (2).

Dual authority

89. If a lower-tier municipality and its upper-tier municipality both have the authority to distribute water in the lower-tier municipality,

(a) the upper-tier municipality shall not supply water to any person in the lower-tier municipality except the lower-tier municipality; and

(b) in the case of The Regional Municipality of York, the lower-tier municipality shall not, without the consent of the regional municipality, purchase water from any municipality except the regional municipality.  2001, c. 25, s. 89.

Exemption from levy

90. (1) Despite section 3 of the Assessment Act, land that is exempt from taxation under that Act is not exempt from a special upper-tier levy under section 311 or a special local municipality levy under section 312 for raising costs related to sewage works or water works.  2001, c. 25, s. 90 (1).

Exemption by municipality

(2) Despite subsection (1), the upper-tier municipality and the local municipality, as the case may be, may exempt any class of land from all or part of the levy described in that subsection.  2001, c. 25, s. 90 (2).

New parcels of land

(3) Despite any Act, if new parcels of land are created from existing parcels of land in respect of which a municipality has imposed a tax or fee to raise costs related to sewage works or water works, the municipality may impose the tax or fee on each new parcel.  2001, c. 25, s. 90 (3).

Easements, public utilities

Definition

91. (1) In this section,

“public utility” includes a street lighting system and a transportation system.  2001, c. 25, s. 91 (1).

Easement

(2) An easement of a public utility provided by a municipality does not have to be appurtenant or annexed to or for the benefit of any specific parcel of land to be valid.  2001, c. 25, s. 91 (2).

Restriction

(3) Part III of the Registry Act does not apply to a claim of a person in respect of a part of a municipal public utility constructed on land before June 21, 1990 with the consent or acquiescence of the owner of the land.  2001, c. 25, s. 91 (3).

Interference with utilities

(4) No person shall interfere with a part of a municipal public utility for which there is no municipal public utility easement unless,

(a) the municipality consents; or

(b) the interference is authorized by a court order under this section.  2001, c. 25, s. 91 (4).

Court orders with respect to utilities

(5) A person who has an interest in land where part of a municipal public utility is located may apply to the Superior Court of Justice for an order authorizing that person to interfere with that part of the municipal public utility if the use of the land by the person is substantially affected.  2001, c. 25, s. 91 (5).

Notice

(6) A person making an application for an order under subsection (5) shall give the municipality 90 days notice of the application or such other notice as the court may direct.  2001, c. 25, s. 91 (6).

Other orders

(7) In making an order under subsection (5), the court may make such other orders as it considers necessary including an order that the applicant provide an easement for an alternative location of the public utility with such compensation as the court may determine.  2001, c. 25, s. 91 (7).

Stay of orders

(8) The court shall stay an order under subsection (5) at the request of the municipality for such time as the court determines to allow the municipality to acquire an interest in land to accommodate the part of its public utility that is subject to the order.  2001, c. 25, s. 91 (8).

Right to repair utilities

(9) Subject to any court order under this section, a municipality may enter upon any land to repair and maintain its public utilities.  2001, c. 25, s. 91 (9).

Utilities located by mistake

(10) If, before June 21, 1990, a municipality located a part of a municipal public utility where it had no right to do so in the mistaken belief that the part was being located on a municipal road allowance, the municipality that owns and operates the utility shall be deemed to have an easement in respect of the utility and the owner of the land on which the part is located shall be entitled to compensation for the easement determined in accordance with the Expropriations Act.  2001, c. 25, s. 91 (10).

Offence

(11) Every person who knowingly contravenes subsection (4) is guilty of an offence.  2001, c. 25, s. 91 (11).

Fines, discharge into sewer

92. (1) A municipality may, in a by-law prohibiting or regulating the discharge of any matter into a sewage system, provide that a person who contravenes the by-law is guilty of an offence and is liable,

(a) on a first conviction, to a fine of not more than $10,000; and

(b) on any subsequent conviction, to a fine of not more than $25,000.  2001, c. 25, s. 92 (1).

Corporations

(2) Despite subsection (1), where the person convicted is a corporation, the maximum fines in clauses (1) (a) and (b) are $50,000 and $100,000, respectively.  2001, c. 25, s. 92 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 92 is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 35.  See: 2006, c. 32, Sched. A, ss. 35, 192 (2).

Non-municipal public utilities

93. (1) Except as otherwise provided, no person shall construct, maintain or operate a water or sewage public utility in any area of a municipality if the municipality has jurisdiction to provide the public utility in that area, without first obtaining the consent of the municipality.  2001, c. 25, s. 93 (1).

Terms

(2) A consent under this section may be given subject to such conditions and limits on the powers to which the consent relates as may be agreed upon.  2001, c. 25, s. 93 (2).

Interpretation

(3) In this section, “person” does not include a municipality.  2002, c. 17, Sched. A, s. 16.

Culture, Parks, Recreation and Heritage

Power may be exercised outside municipality

94. Despite section 19, a municipality may, if one of the purposes for so acting is for its own purposes, exercise its powers under the “culture, parks, recreation and heritage” sphere of jurisdiction in the municipality, in another municipality or in unorganized territory.  2001, c. 25, s. 94; 2002, c. 17, Sched. A, s. 17.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 94 is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 36 and the following substituted:

Power exercised outside municipality re culture, parks, etc.

94. Despite section 19, a municipality may, if one of the purposes for so acting is for its own purposes, exercise its powers under subsection 10 (1) or 11 (1), paragraph 7 of subsection 10 (2), paragraph 7 of subsection 11 (2) or paragraph 5 of subsection 11 (3) in relation to culture, parks, recreation and heritage in the municipality, in another municipality or in unorganized territory.  2006, c. 32, Sched. A, s. 36.

2006, c. 32, Sched. A, ss. 36, 192 (2).

Agreement, conservation authority

95. (1) The upper-tier municipalities of Durham, Halton, Peel and York may enter into an agreement with a conservation authority to manage and control land vested in the conservation authority.  2001, c. 25, s. 95 (1).

Powers

(2) An upper-tier municipality that has entered into an agreement under subsection (1) may,

(a) exercise any of its powers in respect of culture, parks, recreation or heritage matters on the land;

(b) lay out, construct and maintain highways on the land;

(c) with the consent of the local municipality in which any part of the land is located, assume the maintenance of all or part of the existing highways;

(d) prescribe the rate of speed for motor vehicles driven on those highways in accordance with subsection 128 (4) of the Highway Traffic Act.  2001, c. 25, s. 95 (2).

Note:  On a day to be named by proclamation of the Lieutenant Governor, clause (d) is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 37 by striking out “subsection 128 (4)” and substituting “section 128”.  See:  2006, c. 32, Sched. A, ss. 37, 192 (2).

Drainage and Flood Control

Flood control

96. Despite section 19, a municipality may, for the purpose of preventing damage to property in the municipality as a result of flooding, exercise its powers under the “drainage and flood control” sphere of jurisdiction in relation to flood control in the municipality, in another municipality or in unorganized territory.  2001, c. 25, s. 96.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 96 is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 38 and the following substituted:

Power exercised outside municipality, flood control

96. Despite section 19, a municipality may, for the purpose of preventing damage to property in the municipality as a result of flooding, exercise its powers under subsection 10 (1) or 11 (1), paragraph 7 of subsection 10 (2), paragraph 7 of subsection 11 (2) or paragraph 6 of subsection 11 (3) in relation to flood control in the municipality, in another municipality or in unorganized territory.  2006, c. 32, Sched. A, s. 38.

See: 2006, c. 32, Sched. A, ss. 38, 192 (2).

Entry on land

97. A municipality may enter on land, at reasonable times, to inspect the discharge of any matter into a land drainage system of any person and may conduct tests and remove samples for this purpose.  2001, c. 25, s. 97.

Structures, Including Fences and Signs

Non-application of Act

98. (1) A local municipality may provide that the Line Fences Act does not apply to all or any part of the municipality.  2001, c. 25, s. 98 (1).

Exclusion

(2) Despite a by-law passed under subsection (1), section 20 of the Lines Fences Act continues to apply throughout the municipality.  2001, c. 25, s. 98 (2).

Advertising devices

99. The following rules apply to a by-law of a municipality respecting advertising devices, including signs:

1. Before passing the by-law, the municipality shall give public notice of its intention to pass the by-law.

2. The by-law may prohibit and regulate the message, content and nature of signs, advertising and advertising devices, including any printed matter, oral or other communication or thing, promoting adult entertainment establishments, but nothing in this paragraph limits the power to pass by-laws with respect to any other business or person.

3. The by-law may authorize the municipality to enter land and pull down or remove an advertising device, at the expense of the owner of the advertising device, if it is erected or displayed in contravention of the by-law.

4. The by-law does not apply to an advertising device that was lawfully erected or displayed on the day the by-law comes into force if the advertising device is not substantially altered, and the maintenance and repair of the advertising device or a change in the message or contents displayed shall be deemed not in itself to constitute a substantial alteration.

5. The municipality may authorize minor variances from the by-law if in the opinion of the municipality the general intent and purpose of the by-law are maintained.  2001, c. 25, s. 99; 2002, c. 17, Sched. A, s. 18.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 99 is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 39 and the following substituted:

Advertising devices

99. (1) A by-law of a municipality respecting advertising devices, including signs, does not apply to an advertising device that was lawfully erected or displayed on the day the by-law comes into force if the advertising device is not substantially altered, and the maintenance and repair of the advertising device or a change in the message or contents displayed is deemed not in itself to constitute a substantial alteration.  2006, c. 32, Sched. A, s. 39.

Lien for costs and charges

(2) All costs and charges incurred by a municipality for the removal, care and storage of an advertising device that is erected or displayed in contravention of a by-law of the municipality are a lien on the advertising device that may be enforced by the municipality under the Repair and Storage Liens Act.  2006, c. 32, Sched. A, s. 39.

Disposal costs

(3) All costs and charges incurred for disposing of an advertising device described in subsection (2) may be recovered by the municipality as a debt owed by the owner of the device.  2006, c. 32, Sched. A, s. 39.

See: 2006, c. 32, Sched. A, ss. 39, 192 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 40 by adding the following section:

Demolition and conversion of residential rental properties

99.1 (1) A local municipality may prohibit and regulate the demolition of residential rental properties and may prohibit and regulate the conversion of residential rental properties to a purpose other than the purpose of a residential rental property.  2006, c. 32, Sched. A, s. 40.

Same

(2) The power to pass a by-law respecting a matter described in subsection (1) includes the power,

(a) to prohibit the demolition of residential rental properties without a permit;

(b) to prohibit the conversion of residential rental properties to a purpose other than the purpose of a residential rental property without a permit; and

(c) to impose conditions as a requirement of obtaining a permit.  2006, c. 32, Sched. A, s. 40.

Restriction

(3) The municipality cannot prohibit or regulate the demolition or conversion of a residential rental property that contains less than six dwelling units.  2006, c. 32, Sched. A, s. 40.

Effect of building code, etc.

(4) Despite section 35 of the Building Code Act, 1992, in the event that the Building Code Act, 1992 or a regulation made under that Act and a by-law prohibiting or regulating the demolition or conversion of a residential rental property treat the same subject-matter in different ways, that Act or the regulation under that Act prevails and the by-law is inoperative to the extent that the Act or regulation and the by-law treat the same subject-matter.  2006, c. 32, Sched. A, s. 40.

Same

(5) If a permit to demolish a residential rental property is issued under this section, no permit is required under section 8 of the Building Code Act, 1992 to demolish the property.  2006, c. 32, Sched. A, s. 40.

Report

(6) The municipality shall report statistics and other information concerning the demolition and conversion of residential rental properties to the Minister and shall do so at the times and in the form and manner specified by the Minister.  2006, c. 32, Sched. A, s. 40.

See: 2006, c. 32, Sched. A, ss. 40, 192 (2).

Parking, Except on Highways

Parking lots

100. A local municipality may, in respect of land not owned or occupied by the municipality that is used as a parking lot, regulate or prohibit the parking or leaving of motor vehicles on that land without the consent of the owner of the land or regulate or prohibit traffic on that land if,

(a) the owner or occupant of the land has filed with the clerk of the municipality written consent to the application of the by-law to the land; and

(b) a sign is erected at each entrance to the land clearly indicating the regulation or prohibition.  2001, c. 25, s. 100; 2002, c. 17, Sched. A, s. 19.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 100 is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 41 and the following substituted:

Parking lots

100. Without limiting sections 9, 10 and 11, a local municipality may, in respect of land not owned or occupied by the municipality that is used as a parking lot, regulate or prohibit the parking or leaving of motor vehicles on that land without the consent of the owner of the land or regulate or prohibit traffic on that land if a sign is erected at each entrance to the land clearly indicating the regulation or prohibition.  2006, c. 32, Sched. A, s. 41.

See: 2006, c. 32, Sched. A, ss. 41, 192 (2).

Other land

100.1 (1) A local municipality may, in respect of land not owned or occupied by the municipality, regulate or prohibit the parking or leaving of motor vehicles without the consent of the owner of the land.  2002, c. 17, Sched. A, s. 20.

Note:  On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 42 by adding “Without limiting sections 9, 10 and 11” at the beginning.  See:  2006, c. 32, Sched. A, ss. 42, 192 (2).

Exclusion

(2) Subsection (1) does not apply to land used as a parking lot.  2002, c. 17, Sched. A, s. 20.

Impounding vehicles parked

101. (1) If a municipality passes a by-law under section 100 or 100.1 for regulating or prohibiting the parking or leaving of a motor vehicle on land not owned or occupied by the municipality without the consent of the owner, it may provide for the removal and impounding or restraining and immobilizing of any vehicle, at the vehicle owner’s expense, parked or left in contravention of the by-law and subsection 170 (15) of the Highway Traffic Act applies to the by-law.  2001, c. 25, s. 101 (1); 2002, c. 17, Sched. A, s. 21.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 43 and the following substituted:

Impounding vehicles parked

(1) If a municipality passes a by-law regulating or prohibiting the parking or leaving of a motor vehicle on land, it may provide for the removal and impounding or restraining and immobilizing of any vehicle, at the vehicle owner’s expense, parked or left in contravention of the by-law and subsection 170 (15) of the Highway Traffic Act applies with necessary modifications to the by-law.  2006, c. 32, Sched. A, s. 43.

See: 2006, c. 32, Sched. A, ss. 43, 192 (2).

Impounding vehicles parked on municipal property

(2) If a municipality passes a by-law for regulating or prohibiting the parking or leaving of a motor vehicle on land owned or occupied by the municipality or any of its local boards without the consent of the municipality or local board, as the case may be, it may provide for the removal and impounding or restraining and immobilizing of any vehicle, at the vehicle owner’s expense, parked or left in contravention of the by-law and subsection 170 (15) of the Highway Traffic Act applies to the by-law.  2001, c. 25, s. 101 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 43 and the following substituted:

Entry on land

(2) A municipality may enter on land at reasonable times for the purposes described in subsection (1).  2006, c. 32, Sched. A, s. 43.

See: 2006, c. 32, Sched. A, ss. 43, 192 (2).

Signs

(3) If signs are erected on land specifying conditions on which a motor vehicle may be parked or left on the land or regulating or prohibiting the parking or leaving of a motor vehicle on the land, a motor vehicle parked or left on the land contrary to the conditions or prohibition shall be deemed to have been parked or left without consent.  2001, c. 25, s. 101 (3).

Enforcement

(4) If it is alleged in a proceeding that a by-law referred to in this section has been contravened, the oral or written evidence of a police officer, police cadet or municipal law enforcement officer is receivable in evidence as proof, in the absence of evidence to the contrary, of the facts stated in it in respect of,

(a) the ownership or occupancy of the land;

(b) the absence of the consent of the owner or occupant; and

(c) whether any person is an occupant or is an owner.  2001, c. 25, s. 101 (4).

No notice

(5) Written evidence under subsection (4) shall be admitted without notice under the Evidence Act.  2001, c. 25, s. 101 (5).

Disabled parking permits

102. A local municipality may require the owners or operators of parking lots or other parking facilities to which the public has access, whether on payment of a fee or otherwise, to provide designated parking spaces for vehicles displaying a disabled parking permit and if it does so, the local municipality,

(a) shall prescribe the conditions of use of the disabled parking permit and shall prohibit the improper use of the permit; and

(b) may provide for the removal and impounding of any vehicle, at its owner’s expense, parked or left contrary to the by-law.  2001, c. 25, s. 102.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 102 is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 44 and the following substituted:

Disabled parking permits

102. (1) If a municipality passes a by-law for establishing a system of disabled parking, the sole manner of identifying vehicles shall be a disabled parking permit issued under and displayed in accordance with the Highway Traffic Act and the regulations made under it.  2006, c. 32, Sched. A, s. 44.

Designated parking spaces

(2) Without limiting sections 9, 10 and 11, a local municipality may require the owners or operators of parking lots or other parking facilities to which the public has access, whether on payment of a fee or otherwise, to provide designated parking spaces for vehicles displaying a disabled parking permit and if it does so, the local municipality shall prescribe the conditions of use of the disabled parking permit and shall prohibit the improper use of the permit.  2006, c. 32, Sched. A, s. 44.

Removal of vehicle

(3) A by-law passed in accordance with subsection (2) may provide for the removal and impounding of any vehicle, at its owner’s expense, parked or left contrary to the by-law.  2006, c. 32, Sched. A, s. 44.

See: 2006, c. 32, Sched. A, ss. 44, 192 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 45 by adding the following section:

Administrative penalties, parking by-laws

102.1 (1) Without limiting sections 9, 10 and 11, a municipality may require a person to pay an administrative penalty if the municipality is satisfied that the person has failed to comply with any by-laws respecting the parking, standing or stopping of vehicles.  2006, c. 32, Sched. A, s. 45.

Limitation

(2) Despite subsection (1), the municipality does not have the power to provide that a person is liable to pay an administrative penalty in respect of the failure to comply with by-laws respecting the parking, standing or stopping of vehicles until a regulation is made under subsection (3).  2006, c. 32, Sched. A, s. 45.

Regulations

(3) Upon the recommendation of the Attorney General, the Lieutenant Governor in Council may make regulations providing for any matters which, in the opinion of the Lieutenant Governor in Council, are necessary or desirable for the purposes of this section, including,

(a) granting a municipality powers with respect to requiring that persons pay administrative penalties and with respect to other matters necessary for a system of administrative penalties;

(b) imposing conditions and limitations on a municipality’s powers with respect to administrative penalties;

(c) providing for the refusal by the Registrar of Motor Vehicles to validate vehicle permits issued, or to issue vehicle permits, to a person who had not paid an administrative penalty that is owing to a municipality.  2006, c. 32, Sched. A, s. 45.

Conflict

(4) In the event of a conflict between a regulation made under this section and a provision of this or any other Act or regulation, the regulation made under this section prevails.  2006, c. 32, Sched. A, s. 45.

See: 2006, c. 32, Sched. A, ss. 45, 192 (2).

Animals

Impounding animals

103. (1) If a municipality passes a by-law regulating or prohibiting with respect to the being at large or trespassing of animals, it may provide for,

(a) the seizure and impounding of animals being at large or trespassing contrary to the by-law;

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (a) is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 46 (1) by adding “and” at the end.  See: 2006, c. 32, Sched. A, ss. 46 (1), 192 (2).

(b) the sale of impounded animals,

(i) if they are not claimed within a reasonable time,

(ii) if the expenses of the municipality respecting the impounding of the animals are not paid, or

(iii) at such time and in such manner as is provided in the by-law; and

Note:  On a day to be named by proclamation of the Lieutenant Governor, subclause (iii) is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 46 (1) by striking out “and” at the end.  See:  2006, c. 32, Sched. A, ss. 46 (1), 192 (2).

(c) the establishment of procedures for the voluntary payment of penalties out of court where it is alleged that the by-law respecting animals being at large or trespassing has been contravened.  2001, c. 25, s. 103 (1).

Note:  On a day to be named by proclamation of the Lieutenant Governor, clause (c) is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 46 (1).  See:  2006, c. 32, Sched. A, ss. 46 (1), 192 (2).

Fine recoverable

(2) If payment is not made in accordance with the procedures established under clause (1) (c), the fine is recoverable under the Provincial Offences Act.  2001, c. 25, s. 103 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 46 (2) and the following substituted:

Definition

(2) In this section,

“animal” has the same meaning as in section 11.1.  2006, c. 32, Sched. A, s. 46 (2).

See: 2006, c. 32, Sched. A, ss. 46 (2), 192 (2).

Definition

104. In section 103 and in Part II,

“animal” means any member of the animal kingdom, other than a human.  2001, c. 25, s. 104.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 104 is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 47.  See: 2006, c. 32, Sched. A, ss. 47, 192 (2).

Muzzling of dogs

105. (1) If a municipality requires the muzzling of a dog under any circumstances, the council of the municipality shall, upon the request of the owner of the dog, hold a hearing to determine whether or not to exempt the owner in whole or in part from the requirement.  2002, c. 17, Sched. A, s. 22 (1).

Conditions

(2) An exemption may be granted subject to such conditions as council considers appropriate.  2001, c. 25, s. 105 (2).

Delegation

(3) A municipality may, upon such conditions as it considers appropriate, delegate the powers of council under this section to a committee of council or an animal control officer of the municipality.  2001, c. 25, s. 105 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (3) is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 48.  See: 2006, c. 32, Sched. A, ss. 48, 192 (2).

Request does not stay requirement

(4) A request of the owner of a dog for a hearing under this section does not act as a stay of the muzzling requirement.  2001, c. 25, s. 105 (4); 2002, c. 17, Sched. A, s. 22 (2).

Economic Development Services

Assistance prohibited

106. (1) Despite any Act, a municipality shall not assist directly or indirectly any manufacturing business or other industrial or commercial enterprise through the granting of bonuses for that purpose.  2001, c. 25, s. 106 (1).

Same

(2) Without limiting subsection (1), the municipality shall not grant assistance by,

(a) giving or lending any property of the municipality, including money;

(b) guaranteeing borrowing;

(c) leasing or selling any property of the municipality at below fair market value; or

(d) giving a total or partial exemption from any levy, charge or fee.  2001, c. 25, s. 106 (2).

Exception

(3) Subsection (1) does not apply to a council exercising its authority under subsection 28 (6) or (7) of the Planning Act or under section 365.1 of this Act.  2001, c. 25, s. 106 (3); 2002, c. 17, Sched. A, s. 23.

Note:  On a day to be named by proclamation of the Lieutenant Governor, subsection (3) is amended by the Statutes of Ontario, 2006, chapter 23, section 34 by striking out “subsection 28 (6) or (7) of the Planning Act” and substituting “subsection 28 (6), (7) or (7.2) of the Planning Act”.  See:  2006, c. 23, ss. 34, 37 (2).

General power to make grants

107. (1) Despite any provision of this or any other Act relating to the giving of grants or aid by a municipality, subject to section 106, a municipality may make grants, on such terms as to security and otherwise as the council considers appropriate, to any person, group or body, including a fund, within or outside the boundaries of the municipality for any purpose that council considers to be in the interests of the municipality.  2001, c. 25, s. 107 (1).

Loans, guarantees, etc.

(2) The power to make a grant includes the power,

(a) to guarantee a loan and to make a grant by way of loan and to charge interest on the loan;

(b) to sell or lease land for nominal consideration or to make a grant of land;

(c) to provide for the use by any person of land owned or occupied by the municipality upon such terms as may be fixed by council;

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 49 by adding the following clause:

(c.1) to provide for the use by any person of officers, employees or agents of the municipality upon such terms as may be fixed by council;

See: 2006, c. 32, Sched. A, ss. 49, 192 (2).

(d) to sell, lease or otherwise dispose of at a nominal price, or make a grant of, any personal property of the municipality or to provide for the use of the personal property on such terms as may be fixed by council; and

(e) to make donations of foodstuffs and merchandise purchased by the municipality for that purpose.  2001, c. 25, s. 107 (2).

Small business counselling

108. (1) Despite section 106, a municipality may provide for the establishment of a counselling service to small businesses operating or proposing to operate in the municipality.  2001, c. 25, s. 108 (1).

Small business programs

(2) To encourage the establishment and initial growth of small businesses or any class of them in the municipality, a municipality may,

(a) with the approval of the Lieutenant Governor in Council, establish and maintain programs for that purpose; and

(b) participate in programs administered by the Province of Ontario.  2001, c. 25, s. 108 (2).

Permitted actions

(3) For the purposes of a program referred to in subsection (2) and subject to the regulations under this section, a municipality may,

(a) acquire land and erect and improve buildings and structures in order to provide leased premises for eligible small businesses or for a corporation described in clause (d);

(b) despite section 106, make grants to corporations described in clause (d);

(c) lease land to small businesses included in a program;

(d) enter into leases of land and other agreements related to the program with a corporation without share capital established for the purposes of encouraging the establishment and initial growth of small businesses or any class of them in the municipality;

(e) sell, lease or otherwise dispose of any personal property of the municipality to an eligible small business or to a corporation described in clause (d) or provide for the use of such property by the small business or corporation;

(f) provide for the use of the services of any municipal employee by an eligible small business or by a corporation described in clause (d);

(g) establish a local board to administer a program or to administer the municipality’s participation in a program referred to in subsection (2);

(h) appoint one or more of the directors of a corporation described in clause (d); and

(i) apply, under the Corporations Act, to incorporate a corporation described in clause (d) having such objects and powers as may be approved by the Minister.  2001, c. 25, s. 108 (3).

Grant includes loans

(4) The power to make grants under clause (3) (b) includes the power to make loans, to charge interest on the loans and to guarantee loans.  2001, c. 25, s. 108 (4).

Same

(5) A corporation described in clause (3) (d) that leases any building or structure from a municipality shall use it for the purpose of providing leased premises to small businesses included in a program referred to in subsection (2).  2001, c. 25, s. 108 (5).

Availability of assistance

(6) Despite section 106, a lease of land, the sale, lease or other disposition of personal property or the use of personal property or personal services under subsection (3) may be made or provided at less than fair market value.  2001, c. 25, s. 108 (6).

Limitation

(7) Subsection (6) ceases to apply to an eligible small business on the third anniversary of the day it first occupied premises leased to it under this section.  2001, c. 25, s. 108 (7).

Local board

(8) The following apply to a local board established under clause (3) (g):

1. The local board is a corporation consisting of such number of members as the municipality may determine.

2. Only a person qualified to be elected as a member of the council of the municipality is eligible to be a member of the local board.

3. Members shall hold office until the expiration of the term of the council that appointed them and until their successors are appointed and are eligible for reappointment.

4. The powers conferred and the duties imposed on the municipality by subsections (1) and (2), clauses (3) (a) to (f) and the regulations under this section shall be exercised by the local board subject to any limitations set out in the by-law.

5. The local board shall submit to the municipality its budget for the current year at the time and in the form determined by council and request from council all of the money required to carry out its powers and duties.

6. On or before March 1 in each year, the local board shall submit its annual report for the preceding year to the municipality, including an audited financial statement of its affairs.

7. The municipal auditor shall be the auditor of the local board and all records of the local board shall, at all times, be open to the auditor’s inspection.

8. The power of council to raise money by the issue of debentures or otherwise for the acquisition of land or construction of buildings shall not be transferred to the local board.

9. Upon the repeal of the by-law establishing the local board, the local board ceases to exist and its records, assets and liabilities shall be assumed by the municipality.  2001, c. 25, s. 108 (8).

Authority unaffected

(9) Nothing in paragraph 5 of subsection (8) affects the authority of the municipality to provide money for the purposes of the local board and when money is provided, the municipal treasurer shall, upon the certificate of the local board, pay out the money.  2001, c. 25, s. 108 (9).

Regulations

(10) The Lieutenant Governor in Council may make regulations,

(a) prescribing maximum amounts that may be spent by municipalities or any particular municipality under a program referred to in subsection (2);

(b) defining “small business” for the purposes of this section.  2001, c. 25, s. 108 (10).

Interpretation

(11) A business is an eligible small business if it is included in a program referred to in subsection (2) and it is in occupation of premises leased to it under this section.  2001, c. 25, s. 108 (11).

Note: Effective October 19, 2007 or on an earlier day to be named by proclamation of the Lieutenant Governor, section 108 is amended by the Statutes of Ontario, 2006, chapter 21, Schedule F, subsection 120 (1) by adding the following subsection:

Legislation Act, 2006

(12) Part III (Regulations) of the Legislation Act, 2006 does not apply to matters approved under subsection (2) or (3).  2006, c. 21, Sched. F, s. 120 (1).

See: 2006, c. 21, Sched. F, ss. 120 (1), 143 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 108 is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 50 and the following substituted:

Small business counselling

108. (1) Without limiting sections 9, 10 and 11 and despite section 106, a municipality may provide for the establishment of a counselling service to small businesses operating or proposing to operate in the municipality.  2006, c. 32, Sched. A, s. 50.

Small business programs

(2) Without limiting sections 9, 10 and 11, a municipality may do the following things in order to encourage the establishment and initial growth of small businesses or any class of them in the municipality:

1. With the approval of the Minister, establish and maintain programs for that purpose.

2. Participate in programs administered by the Crown in right of Ontario.  2006, c. 32, Sched. A, s. 50.

Permitted actions

(3) Without limiting sections 9, 10 and 11, a municipality may do the following for the purposes of a program referred to in subsection (2):

1. Acquire land and erect and improve buildings and structures in order to provide leased premises for eligible small businesses or for a corporation described in paragraph 4.

2. Despite section 106, to make grants to corporations described in paragraph 4.

3. Lease land to small businesses included in a program.

4. Enter into leases of land and other agreements related to the program with a corporation without share capital established by the municipality in accordance with section 203 for the purposes of encouraging the establishment and initial growth of small businesses or any class of them in the municipality.

5. Sell, lease or otherwise dispose of any personal property of the municipality to an eligible small business or to a corporation described in paragraph 4 or provide for the use of such property by the small business or corporation.

6. Provide for the use of the services of any municipal employee by an eligible small business or by a corporation described in paragraph 4.

7. Establish a municipal service board under this Act to administer a program or to administer the municipality’s participation in a program referred to in subsection (2).

8. Appoint one or more of the directors of a corporation described in paragraph 4.  2006, c. 32, Sched. A, s. 50.

Grant includes loans

(4) The power to make grants under paragraph 2 of subsection (3) includes the power to make loans, to charge interest on the loans and to guarantee loans.  2006, c. 32, Sched. A, s. 50.

Same

(5) A corporation described in paragraph 4 of subsection (3) that leases any building or structure from the municipality shall use it for the purpose of providing leased premises to small businesses included in a program referred to in subsection (2).  2006, c. 32, Sched. A, s. 50.

Availability of assistance

(6) Despite section 106, a lease of land, the sale, lease or other disposition of personal property or the use of personal property or personal services under subsection (3) may be made or provided at less than fair market value.  2006, c. 32, Sched. A, s. 50.

Limitation

(7) Subsection (6) ceases to apply to an eligible small business on the third anniversary of the day it first occupied premises leased to it under this section.  2006, c. 32, Sched. A, s. 50.

Municipal service board

(8) The power of a municipality to raise money by the issue of debentures or otherwise for the acquisition of land or construction of buildings shall not be delegated to the municipal service board described in paragraph 7 of subsection (3), despite section 23.1.  2006, c. 32, Sched. A, s. 50.

Interpretation

(9) A business is an eligible small business if it is included in a program referred to in subsection (2) and it is in occupation of premises leased to it under this section.  2006, c. 32, Sched. A, s. 50.

See: 2006, c. 32, Sched. A, ss. 50, 192 (2).

Community development corporations

109. (1) The council of a municipality, either alone or with one or more persons or municipalities, may incorporate a corporation under Part III of the Corporations Act as a community development corporation.  2001, c. 25, s. 109 (1).

Objects

(2) The community development corporation must be incorporated,

(a) with the sole object of promoting community economic development with the participation of the community by facilitating and supporting community strategic planning and increasing self-reliance, investment and job creation within the community; or

(b) with objects substantially similar to those described in clause (a).  2001, c. 25, s. 109 (2).

Appointment of person to incorporate

(3) A municipality shall appoint one or more persons to apply on the municipality’s behalf for incorporation under subsection (1).  2001, c. 25, s. 109 (3).

Assistance

(4) Despite section 106, a municipality may, except as may be restricted or prohibited by regulation, provide financial or other assistance at less than fair market value or at no cost to a community development corporation, and such assistance may include,

(a) giving or lending money and charging interest;

(b) lending or leasing land;

(c) giving, lending or leasing personal property; and

(d) providing the services of municipal employees.  2001, c. 25, s. 109 (4).

Prohibited assistance

(5) A municipality may not use the power under this section to directly or indirectly obtain, guarantee or purchase an interest in,

(a) an asset or liability, including a contingent liability, of a community development corporation;

(b) a security acquired by a community development corporation; or

(c) a guarantee of a community development corporation.  2001, c. 25, s. 109 (5).

Reports and audits

(6) If a municipality has assisted a community development corporation in a manner permitted by subsection (4) or has nominated a person who has become a director of a community development corporation, the board of directors of the community development corporation shall,

(a) make an annual financial report, and additional financial reports as requested, to the municipality at the time, in the manner and with the information specified by the municipality; and

(b) upon the request of the municipality, permit the municipal auditor to conduct an audit of the corporation, including an examination of the corporation’s assets.  2001, c. 25, s. 109 (6).

Powers on audit

(7) In conducting an audit, the municipal auditor may inspect all records of the community development corporation.  2001, c. 25, s. 109 (7).

Local board

(8) If a municipality has appointed first directors or incorporators or nominated a person who has become a director of a community development corporation, the corporation is considered a local board for the purposes of the Municipal Conflict of Interest Act.  2001, c. 25, s. 109 (8).

Deemed local board

(9) The Minister may by regulation deem community development corporations to be local boards for the purposes of specified provisions of this Act and the Municipal Affairs Act, and may prescribe the extent and manner of application of those provisions to corporations deemed as local boards.  2001, c. 25, s. 109 (9).

Designation

(10) Community development corporations that receive municipal assistance in a manner permitted by subsection (4) or that have one or more directors nominated by the council of a municipality may be designated under the Municipal Freedom of Information and Protection of Privacy Act as a class of institution to which that Act applies.  2001, c. 25, s. 109 (10).

Regulations

(11) The Minister may make regulations prohibiting or restricting the kind, manner and extent of assistance under subsection (4) that may be provided by a municipality to a community development corporation.  2001, c. 25, s. 109 (11).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 109 is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 50.  See: 2006, c. 32, Sched. A, ss. 50, 192 (2).

Agreements for municipal capital facilities

110. (1) A municipality may enter into agreements for the provision of municipal capital facilities by any person, including another municipality.  2001, c. 25, s. 110 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 51 and the following substituted:

Agreements for municipal capital facilities

(1) This section applies to an agreement entered into by a municipality for the provision of municipal capital facilities by any person, including another municipality, if the agreement provides for one or more of the following:

1. Lease payments in foreign currencies as provided for in subsection (2).

2. Assistance as provided for in subsection (3).

3. Tax exemptions as provided for in subsection (6).

4. Development charges exemptions as provided for in subsection (7).  2006, c. 32, Sched. A, s. 51.

See: 2006, c. 32, Sched. A, ss. 51, 192 (2).

Contents of agreements

(2) An agreement may allow for the lease, operation or maintenance of the facilities and for the lease payments to be expressed and payable partly or wholly in one or more prescribed foreign currencies.  2001, c. 25, s. 110 (2).

Assistance by municipality

(3) Despite section 106, a municipality may provide financial or other assistance at less than fair market value or at no cost to any person who has entered into an agreement to provide facilities under this section and such assistance may include,

(a) giving or lending money and charging interest;

(b) giving, lending, leasing or selling property;

(c) guaranteeing borrowing; and

(d) providing the services of employees of the municipality.  2001, c. 25, s. 110 (3).

Restriction

(4) The assistance shall only be in respect of the provision, lease, operation or maintenance of the facilities that are the subject of the agreement.  2001, c. 25, s. 110 (4).

Notice of agreement by-law

(5) Upon the passing of a by-law permitting a municipality to enter into an agreement under this section, the clerk of the municipality shall give written notice of the by-law to the Minister of Education.  2001, c. 25, s. 110 (5).

Tax exemption

(6) Despite any Act, the council of a municipality may exempt from all or part of the taxes levied for municipal and school purposes land or a portion of it on which municipal capital facilities are or will be located that,

(a) is the subject of an agreement under subsection (1);

(b) is owned or leased by a person who has entered an agreement to provide facilities under subsection (1); and

(c) is entirely occupied and used or intended for use for a service or function that may be provided by a municipality.  2001, c. 25, s. 110 (6); 2006, c. 19, Sched. O, s. 3 (1).

Development charges exemption

(7) Despite the Development Charges Act, 1997, the council of a municipality may exempt from the payment of all or part of the development charges imposed by the municipality under that Act land or a portion of it on which municipal capital facilities are or will be located that,

(a) is the subject of an agreement under subsection (1);

(b) is owned or leased by a person who has entered an agreement to provide facilities under subsection (1); and

(c) is entirely occupied and used or intended for use for a service or function that may be provided by a municipality.  2006, c. 19, Sched. O, s. 3 (2).

Notice of tax exemption by-law

(8) Upon the passing of a by-law under subsection (6), the clerk of the municipality shall give written notice of the contents of the by-law to,

(a) the assessment corporation;

(b) the clerk of any other municipality that would, but for the by-law, have had authority to levy rates on the assessment for the land exempted by the by-law; and

(c) the secretary of any school board if the area of jurisdiction of the board includes the land exempted by the by-law.  2001, c. 25, s. 110 (8).

When agreement entered into

(9) If a municipality designated as a service manager under the Social Housing Reform Act, 2000 has entered into an agreement under this section with respect to housing capital facilities, any other municipality that has not entered into an agreement under this section with respect to the capital facilities and that contains all or part of the land on which the capital facilities are or will be located may exercise the power under subsections (3), (6) and (7) with respect to the land and the capital facilities but,

(a) a tax exemption under subsection (6) applies to taxation for its own purposes; and

(b) clauses (8) (b) and (c) do not apply.  2001, c. 25, s. 110 (9).

Reserve fund

(10) The council of a municipality may establish a reserve fund to be used for the exclusive purpose of renovating, repairing or maintaining facilities that are provided under an agreement under this section.  2001, c. 25, s. 110 (10).

Same

(11) An agreement under this section may provide for contributions to the reserve fund by any person.  2001, c. 25, s. 110 (11).

Tax exemption by school board

(12) Despite any Act, a school board that is authorized to enter into agreements for the provision of school capital facilities by any person may, by resolution, exempt from all or part of the taxes levied for municipal and school purposes land or a portion of it on which the school capital facilities are or will be located that,

(a) is the subject of the agreement;

(b) is owned or leased by a person who has entered an agreement to provide school capital facilities; and

(c) is entirely occupied and used or intended for use for a service or function that may be provided by a school board.  2001, c. 25, s. 110 (12); 2006, c. 19, Sched. O, s. 3 (3).

Education development charges exemption

(13) Despite Division E of Part IX of the Education Act, a school board that is authorized to enter into agreements for the provision of school capital facilities by any person may exempt from the payment of all or part of the education development charges imposed by the school board under that Part land or a portion of it on which school capital facilities are or will be located that,

(a) is the subject of the agreement;

(b) is owned or leased by a person who has entered an agreement to provide school capital facilities; and

(c) is entirely occupied and used or intended for use for a service or function that may be provided by a school board.  2006, c. 19, Sched. O, s. 3 (4).

Notice of tax exemption by school board

(14) Upon the passing of a resolution under subsection (12), the secretary of the school board shall give written notice of the contents of the resolution to,

(a) the assessment corporation;

(b) the clerk and the treasurer of any municipality that would, but for the resolution, have had authority to levy rates on the assessment for the land exempted by the resolution; and

(c) the secretary of any other school board if the area of jurisdiction of the board includes the land exempted by the resolution.  2001, c. 25, s. 110 (14).

Restriction on tax exemption

(15) The tax exemption under subsection (6) or (12) shall not be in respect of a special levy under section 311 or 312 for sewer and water.  2001, c. 25, s. 110 (15).

Effective date

(16) A by-law passed under subsection (6) or (7) or a resolution passed under subsection (12) or (13) shall specify an effective date which shall be the date of passing of the by-law or resolution or a later date.  2006, c. 19, Sched. O, s. 3 (5).

Tax refund, etc.

(17) Section 357 applies with necessary modifications to allow for a cancellation, reduction or refund of taxes that are no longer payable as a result of a by-law or resolution passed under this section.  2001, c. 25, s. 110 (17).

Taxes struck from roll

(18) Until the assessment roll has been revised, the treasurer of the local municipality shall strike taxes from the tax roll that are exempted by reason of a by-law or resolution passed under this section.  2001, c. 25, s. 110 (18).

Deemed exemption

(19) Subject to subsection (15), the tax exemption under subsection (6) or (12) shall be deemed to be an exemption under section 3 of the Assessment Act, but shall not affect a payment required under section 27 of that Act.  2001, c. 25, s. 110 (19).

Regulations

(20) The Lieutenant Governor in Council may make regulations,

(a) defining municipal capital facilities for the purposes of this section;

(b) prescribing eligible municipal capital facilities that may and may not be the subject of agreements under subsection (1);

(c) prescribing eligible municipal capital facilities for which municipalities may and may not grant tax exemptions under subsection (6) or development charges exemptions under subsection (7);

(d) prescribing rules, procedures, conditions and prohibitions for municipalities entering agreements under subsection (1);

(e) defining and prescribing eligible school capital facilities for which school boards may and may not grant tax exemptions under subsection (12) or exemptions from education development charges under subsection (13);

(f) prescribing foreign currencies in which a municipality may make lease payments under such conditions as may be prescribed.  2001, c. 25, s. 110 (20); 2006, c. 19, Sched. O, s. 3 (6, 7).

Promotion by lower-tier municipality, special case

111. (1) Despite section 11, a lower-tier municipality in the upper-tier municipality of Durham or Oxford may promote the lower-tier municipality for any purpose by the collection and dissemination of information in relation to land it acquired or had entered into a binding agreement to acquire on or before the upper-tier municipality came into existence.  2001, c. 25, s. 111 (1); 2002, c. 17, Sched. A, s. 24 (1).

Note:  On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 52 (1) by striking out “or Oxford”.  See:  2006, c. 32, Sched. A, ss. 52 (1), 192 (2).

Upper-tier may authorize promotion by lower-tier

(2) Despite section 11, the upper-tier municipalities of Durham and Oxford may authorize one or more of its lower-tier municipalities to promote the lower-tier municipality for any purpose by the collection and dissemination of information.  2001, c. 25, s. 111 (2); 2002, c. 17, Sched. A, s. 24 (2).

Note:  On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 52 (2) by striking out “upper-tier municipalities of Durham and Oxford” and substituting “upper-tier municipality of Durham”.  See:  2006, c. 32, Sched. A, ss. 52 (2), 192 (2).

Conditions

(3) An authorization under this section may be given on such conditions as the upper-tier municipality considers appropriate.  2001, c. 25, s. 111 (3).

Industrial, commercial and institutional sites

112. (1) Despite section 11, a lower-tier municipality in the upper-tier municipality of Durham, Oxford or Peel may acquire, develop and dispose of industrial, commercial and institutional sites it acquired or had entered into a binding agreement to acquire on or before the day the upper-tier municipality came into existence.  2001, c. 25, s. 112 (1); 2002, c. 17, Sched. A, s. 25.

County of Oxford

(2) Despite section 11, the County of Oxford may authorize one or more of its lower-tier municipalities to acquire, develop and dispose of industrial, commercial and institutional sites.  2001, c. 25, s. 112 (2).

Conditions

(3) An authorization under this section may be given on such conditions as the County of Oxford considers appropriate.  2001, c. 25, s. 112 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 112 is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 53 and the following substituted:

Industrial, commercial and institutional sites

112. Despite section 11, a lower-tier municipality in the upper-tier municipality of Durham may acquire, develop and dispose of industrial, commercial and institutional sites it acquired or had entered into a binding agreement to acquire on or before the day the upper-tier municipality came into existence.  2006, c. 32, Sched. A, s. 53.

See: 2006, c. 32, Sched. A, ss. 53, 192 (2).

Markets

113. A local municipality may,

(a) establish, maintain and operate a farmers market, a flea market and other similar types of markets; and

(b) regulate a farmers market, a flea market and other similar types of markets of any person including regulating the hours of operation of a market.  2001, c. 25, s. 113.

Note:  On a day to be named by proclamation of the Lieutenant Governor, section 113 is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 54 by adding “Without limiting sections 9, 10 and 11” at the beginning.  See:  2006, c. 32, Sched. A, ss. 54, 192 (2).

Exhibitions

114. A municipality may establish, maintain and operate agricultural, horticultural, commercial or industrial exhibitions.  2001, c. 25, s. 114.

Note:  On a day to be named by proclamation of the Lieutenant Governor, section 114 is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 55 by adding “Without limiting sections 9, 10 and 11” at the beginning.  See:  2006, c. 32, Sched. A, ss. 55, 192 (2).

Health, Safety and Nuisance

Smoking in public places, etc.

115. (1) A municipality may prohibit or regulate the smoking of tobacco in public places and workplaces.  2001, c. 25, s. 115 (1).

Note:  On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 56 (1) by adding “Without limiting sections 9, 10 and 11” at the beginning.  See:  2006, c. 32, Sched. A, ss. 56 (1), 192 (2).

Crown bound

(2) A by-law under this section binds the Crown.  2001, c. 25, s. 115 (2).

Restriction

(3) A by-law under this section shall not apply to a highway but may apply to public transportation vehicles and taxicabs on a highway.  2001, c. 25, s. 115 (3).

Scope of by-law

(4) A by-law under this section may,

Note:  On a day to be named by proclamation of the Lieutenant Governor, subsection (4) is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 56 (2) by striking out the portion before clause (a) and substituting the following:

Scope of by-law

(4) Without limiting sections 9, 10 and 11, a municipality, in a by-law passed under this section, may,

See:  2006, c. 32, Sched. A, ss. 56 (2), 192 (2).

(a) define “public place” for the purpose of the by-law;

(b) require a person who owns, occupies or operates a place to which the by-law applies to post signs setting out such information relating to the smoking of tobacco as is required by the by-law;

(c) establish the form and content of signs referred to in clause (b) and the place and manner in which the signs shall be posted;

(d) permit persons who own, occupy or operate a place to which the by-law applies to set aside an area that meets criteria set out in the by-law for the smoking of tobacco within the place;

(e) establish criteria applicable to smoking areas in clause (d), including the standards for the ventilation of such areas;

(f) require areas set aside for the smoking of tobacco in places to which the by-law applies to be identified as an area where the smoking of tobacco is permitted; and

(g) require the owner or occupier of a public place, the employer of a workplace, other than a public transportation vehicle and a taxicab, or the owner or operator of a public transportation vehicle or a taxicab to ensure compliance with the by-law.  2001, c. 25, s. 115 (4).

Upper-tier municipality

(5) A by-law passed by an upper-tier municipality under this section shall not come into force unless,

(a) a majority of all votes on the council of the upper-tier municipality are cast in its favour;

(b) after the by-law is passed, a majority of the councils of all its lower-tier municipalities have passed resolutions giving their consent to the by-law; and

(c) the total number of electors in the lower-tier municipalities that pass resolutions under clause (b) form a majority of all the electors in the upper-tier municipality.  2001, c. 25, s. 115 (5).

Repeal

(6) A by-law passed by an upper-tier municipality under this section is repealed if,

(a) after the by-law comes into force, a majority of its lower-tier municipalities rescind their resolutions under clause (5) (b) giving their consent to the by-law; and

(b) the total number of electors in the lower-tier municipalities that have rescinded resolutions form a majority of all electors in the upper-tier municipality.  2001, c. 25, s. 115 (6).

Power of entry

(7) A municipality may, at any reasonable time, enter any public place or workplace to which a by-law under this section applies to determine whether the by-law is being complied with and for this purpose may make such examinations, investigations and inquiries as are necessary.  2001, c. 25, s. 115 (7).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (7) is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 56 (3).  See: 2006, c. 32, Sched. A, ss. 56 (3), 192 (2).

Warrant

(8) A judge or justice of the peace may, upon application by a municipality, issue a warrant authorizing the municipality to enter, examine, investigate or make inquiries with respect to a public place or workplace if he or she is satisfied by evidence under oath that,

(a) the entry, examination, investigation or inquiry is reasonably necessary to determine whether the by-law under this section is being complied with; and

(b) the municipality has been prevented or is likely to be prevented from exercising any of its powers under this section.  2001, c. 25, s. 115 (8).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (8) is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 56 (3).  See: 2006, c. 32, Sched. A, ss. 56 (3), 192 (2).

Conflicts

(9) If there is a conflict between a by-law passed by a lower-tier municipality under this section and a by-law passed by an upper-tier municipality under this section, the by-law that is the most restrictive of the smoking of tobacco prevails.  2001, c. 25, s. 115 (9).

Conflicts

(10) Despite section 14, if there is a conflict between a provision of any Act or regulation and a provision of a by-law passed by a municipality under this section, the provision that is the most restrictive of the smoking of tobacco prevails.  2001, c. 25, s. 115 (10).

Definitions

(11) In this section,

“elector” means a person whose name appears on the voters’ list, as amended up until the close of voting on voting day, for the last regular election preceding the coming into force of a by-law under subsection (1) or the repeal of a by-law under subsection (6), as the case may be; (“électeur”)

“smoking of tobacco” includes the holding of lighted tobacco; (“usage du tabac”)

“workplace” includes a public transportation vehicle and a taxicab. (“lieu de travail”)  2001, c. 25, s. 115 (11).

Emergency communication system

116. (1) A municipality may establish, maintain and operate a centralized communication system for emergency response purposes.  2001, c. 25, s. 116 (1).

Note:  On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 57 by adding “Without limiting sections 9, 10 and 11” at the beginning.  See:  2006, c. 32, Sched. A, ss. 57, 192 (2).

Power of entry

(2) A municipality that has passed a by-law under subsection (1) may at any reasonable time enter upon land to affix numbers to buildings or erect signs setting out numbers on land.  2001, c. 25, s. 116 (2).

Health care offices

117. A municipality may acquire and develop land for the purpose of leasing the land to a medical doctor, a dentist or other health care professional.  2001, c. 25, s. 117.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 117 is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 58.  See: 2006, c. 32, Sched. A, ss. 58, 192 (2).

Scaffolding, trenches, safety devices

118. (1) A local municipality may,

(a) regulate the construction and use of scaffolding and any other thing used in constructing, repairing or altering buildings or other structures;

(b) regulate the excavating, construction and use of trenches;

(c) require and regulate the installation, maintenance and use of safety devices on buildings for persons cleaning the outside of windows.  2001, c. 25, s. 118 (1).

Permit

(2) A by-law under subsection (1) may prohibit the activities described in that subsection unless a permit is obtained from the municipality for those activities and may impose conditions for obtaining, continuing to hold and renewing the permit, including requiring the submission of plans.  2001, c. 25, s. 118 (2).

Entry upon land

(3) A municipality may enter upon land and into structures at any reasonable time to inspect the land and structures to determine whether a by-law of the municipality under this section is being complied with.  2001, c. 25, s. 118 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 118 is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 59 and the following substituted:

Scaffolding, trenches, safety devices

118. Without limiting sections 9, 10 and 11, a local municipality may,

(a) regulate the construction and use of scaffolding and any other thing used in constructing, repairing or altering buildings or other structures;

(b) regulate the excavating, construction and use of trenches;

(c) require and regulate the installation, maintenance and use of safety devices on buildings for persons cleaning the outside of windows;

(d) prohibit the activities described in this section unless a permit is obtained from the municipality for those activities and may impose conditions for obtaining, continuing to hold and renewing the permit, including requiring the submission of plans.  2006, c. 32, Sched. A, s. 59.

See: 2006, c. 32, Sched. A, ss. 59, 192 (2).

Discharge of weapons

119. A local municipality may, for the purpose of public safety, prohibit or regulate the discharge of guns or other firearms, air-guns, spring-guns, cross-bows, long-bows or any other weapon.  2001, c. 25, s. 119.

Note:  On a day to be named by proclamation of the Lieutenant Governor, section 119 is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 60 by adding “Without limiting sections 9, 10 and 11” at the beginning.  See:  2006, c. 32, Sched. A, ss. 60, 192 (2).

Explosives

120. (1) A local municipality may,

(a) prohibit and regulate the manufacture of explosives in the municipality;

(b) prohibit and regulate the storage of explosives and dangerous substances in the municipality;

(c) regulate the keeping and transportation of explosives and dangerous substances in the municipality.  2001, c. 25, s. 120 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 61 (1) and the following substituted:

Explosives

(1) Without limiting sections 9, 10 and 11, a local municipality may,

(a) prohibit and regulate the manufacture of explosives in the municipality;

(b) prohibit and regulate the storage of explosives and dangerous substances in the municipality;

(c) regulate the keeping and transportation of explosives and dangerous substances in the municipality;

(d) prohibit the manufacture or storage of explosives unless a permit is obtained from the municipality for those activities and may impose conditions for obtaining, continuing to hold and renewing the permit, including requiring the submission of plans.  2006, c. 32, Sched. A, s. 61 (1).

See: 2006, c. 32, Sched. A, ss. 61 (1), 192 (2).

Interpretation

(2) In this section, “explosive” has the same meaning as in section 2 of the Explosives Act (Canada) and “dangerous substance” means a substance that falls within a class of dangerous goods set out in the Schedule to the Dangerous Goods Transportation Act.  2001, c. 25, s. 120 (2).

Permit

(3) A by-law under this section may prohibit the manufacture or storage of explosives unless a permit is obtained from the municipality for those activities and may impose conditions for obtaining, continuing to hold and renewing the permit, including requiring the submission of plans.  2001, c. 25, s. 120 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (3) is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 61 (2).  See: 2006, c. 32, Sched. A, ss. 61 (2), 192 (2).

Fireworks

121. (1) A local municipality may prohibit and regulate the sale of fireworks and the setting off of fireworks.  2001, c. 25, s. 121 (1).

Permit

(2) A by-law under subsection (1) may prohibit the activities described in that subsection unless a permit is obtained from the municipality for those activities and may impose conditions for obtaining, continuing to hold and renewing the permit, including requiring the submission of plans.  2001, c. 25, s. 121 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 121 is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 62 and the following substituted:

Fireworks

121. Without limiting sections 9, 10 and 11, a local municipality may,

(a) prohibit and regulate the sale of fireworks and the setting off of fireworks; 

(b) prohibit the activities described in clause (a) unless a permit is obtained from the municipality for those activities and may impose conditions for obtaining, continuing to hold and renewing the permit, including requiring the submission of plans.  2006, c. 32, Sched. A, s. 62.

See: 2006, c. 32, Sched. A, ss. 62, 192 (2).

Snow and ice

122. (1) A local municipality may require the owners and occupants of buildings to remove snow and ice from the roofs of the buildings and may regulate when and how the removal shall be undertaken.  2001, c. 25, s. 122 (1).

Note:  On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 63 by adding “Without limiting sections 9, 10 and 11” at the beginning.  See:  2006, c. 32, Sched. A, ss. 63, 192 (2).

Power of entry

(2) A local municipality may enter at any reasonable time upon land to remove snow and ice,

(a) from the roofs of unoccupied buildings; and

(b) from private sidewalks between a highway, including a highway of an upper-tier municipality and the Province of Ontario, and the main entrance of a building.  2001, c. 25, s. 122 (2); 2002, c. 17, Sched. A, s. 26.

Recovery of costs

(3) A municipality may recover the costs under clause (2) (a) incurred by the municipality from the owners of the buildings by action or by adding the costs to the tax roll and collecting them in the same manner as taxes.  2001, c. 25, s. 122 (3).

Dangerous places

123. A local municipality may, for the purpose of public safety, regulate with respect to cliffs, pits, deep waters and other dangerous places.  2001, c. 25, s. 123.

Note:  On a day to be named by proclamation of the Lieutenant Governor, section 123 is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 64 by adding “Without limiting sections 9, 10 and 11” at the beginning.  See:  2006, c. 32, Sched. A, ss. 64, 192 (2).

Pits and quarries

124. (1) A local municipality may regulate the operation of a pit or a quarry.  2001, c. 25, s. 124 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 65 and the following substituted:

Pits and quarries

(1) Without limiting sections 9, 10 and 11, a local municipality may,

(a) regulate the operation of a pit or a quarry;

(b) require the owner of a pit or a quarry that has not been in operation for a period of 12 consecutive months to level and grade the floor and sides of it and the area beyond the edge or rim that is specified in the by-law.  2006, c. 32, Sched. A, s. 65.

See: 2006, c. 32, Sched. A, ss. 65, 192 (2).

Pits, quarries not in operation

(2) A local municipality may require the owner of a pit or a quarry that has not been in operation for a period of 12 consecutive months to level and grade the floor and sides of it and the area beyond the edge or rim that is specified in the by-law.  2001, c. 25, s. 124 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 65.  See: 2006, c. 32, Sched. A, ss. 65, 192 (2).

Non-application of by-law

(3) A by-law under this section does not apply to a pit or a quarry, as those terms are defined in the Aggregate Resources Act, located in a part of Ontario designated in a regulation under subsection 5 (2) of that Act.  2001, c. 25, s. 124 (3).

Heating and cooking appliances

125. (1) A local municipality may regulate,

(a) the use and installation of heating and cooking appliances; and

(b) the storage of fuel for use in heating and cooking appliances.  2001, c. 25, s. 125 (1).

Power of entry

(2) A local municipality may enter upon land and into structures at any reasonable time to inspect the land and structures to determine whether a by-law of the municipality under this section is being complied with.  2001, c. 25, s. 125 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 125 is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 66 and the following substituted:

Heating and cooking appliances

125. Without limiting sections 9, 10 and 11, a local municipality may regulate,

(a) the use and installation of heating and cooking appliances;

(b) the storage of fuel for use in heating and cooking appliances.  2006, c. 32, Sched. A, s. 66.

See: 2006, c. 32, Sched. A, ss. 66, 192 (2).

Public fairs and events

126. (1) A local municipality may regulate cultural, recreational and educational events including public fairs.  2001, c. 25, s. 126 (1).

Permit

(2) A by-law under subsection (1) may prohibit the activities described in that subsection unless a permit is obtained from the municipality for those activities and may impose conditions for obtaining, continuing to hold and renewing the permit, including requiring the submission of plans.  2001, c. 25, s. 126 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 126 is repealed by the Statutes of Ontario, 2006, chapter 32, Sched. A, section 66 and the following substituted:

Public fairs and events

126. Without limiting sections 9, 10 and 11, a local municipality may,

(a) regulate cultural, recreational and educational events including public fairs;

(b) prohibit the activities described in clause (a) unless a permit is obtained from the municipality for those activities and may impose conditions for obtaining, continuing to hold and renewing the permit, including requiring the submission of plans.  2006, c. 32, Sched. A, s. 66.

See: 2006, c. 32, Sched. A, ss. 66, 192 (2).

Refuse and debris

127. A local municipality may,

Note:  On a day to be named by proclamation of the Lieutenant Governor, section 127 is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 67 by adding “Without limiting sections 9, 10 and 11” at the beginning.  See:  2006, c. 32, Sched. A, ss. 67, 192 (2).

(a) require the owner or occupant of land to clean and clear the land, not including buildings, or to clear refuse or debris from the land, not including buildings;

(b) regulate when and how matters required under clause (a) shall be done;

(c) prohibit the depositing of refuse or debris on land without the consent of the owner or occupant of the land; and

(d) define “refuse” for the purpose of this section.  2001, c. 25, s. 127.

Public nuisances

128. (1) A local municipality may prohibit and regulate with respect to public nuisances, including matters that, in the opinion of council, are or could become or cause public nuisances.  2001, c. 25, s. 128 (1).

Note:  On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 68 by adding “Without limiting sections 9, 10 and 11” at the beginning.  See:  2006, c. 32, Sched. A, ss. 68, 192 (2).

Not subject to review

(2) The opinion of council under this section, if arrived at in good faith, is not subject to review by any court.  2001, c. 25, s. 128 (2).

Noise, odour, dust, etc.

129. (1) A local municipality may prohibit and regulate with respect to noise, vibration, odour, dust and outdoor illumination, including indoor lighting that can be seen outdoors.  2001, c. 25, s. 129 (1).

Restrictions

(2) A by-law under subsection (1) shall not,

(a) require light fixtures used in conjunction with commercial, industrial, institutional, agricultural or recreational uses to be turned off at any time the use is actually being conducted;

(b) require an illuminated outdoor advertising sign, on the premises of a business, to be turned off at any time the business is open to the public; or

(c) require light fixtures used to illuminate any area for emergency, security or public safety purposes to be turned off at any time the illumination is necessary for those purposes.  2001, c. 25, s. 129 (2).

Permit

(3) A by-law under subsection (1) may prohibit the matters described in that subsection unless a permit is obtained from the municipality for those matters and may impose conditions for obtaining, continuing to hold and renewing the permit, including the submission of plans.  2001, c. 25, s. 129 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 129 is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 69 and the following substituted:

Noise, odour, dust, etc.

129. Without limiting sections 9, 10 and 11, a local municipality may,

(a) prohibit and regulate with respect to noise, vibration, odour, dust and outdoor illumination, including indoor lighting that can be seen outdoors; and

(b) prohibit the matters described in clause (a) unless a permit is obtained from the municipality for those matters and may impose conditions for obtaining, continuing to hold and renewing the permit, including requiring the submission of plans.  2006, c. 32, Sched. A, s  69.

See: 2006, c. 32, Sched. A, ss. 69, 192 (2).

Health, safety, well-being

130. A municipality may regulate matters not specifically provided for by this Act or any other Act for purposes related to the health, safety and well-being of the inhabitants of the municipality.  2001, c. 25, s. 130.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 130 is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 69.  See: 2006, c. 32, Sched. A, ss. 69, 192 (2).

Wrecking, salvaging of motor vehicles

131. (1) A local municipality may prohibit and regulate the use of any land for the storage of used motor vehicles for the purpose of wrecking or dismantling them or salvaging parts from them for sale or other disposition.  2001, c. 25, s. 131 (1).

Power of entry

(2) A municipality may enter upon land and into structures at any reasonable time to determine if a by-law of the municipality under this section is being complied with.  2001, c. 25, s. 131 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 131 is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 69 and the following substituted:

Wrecking, salvaging of motor vehicles

131. Without limiting sections 9, 10 and 11, a local municipality may prohibit and regulate the use of any land for the storage of used motor vehicles for the purpose of wrecking or dismantling them or salvaging parts from them for sale or other disposition.  2006, c. 32, Sched. A, s. 69.

See: 2006, c. 32, Sched. A, ss. 69, 192 (2).

Repairs or alterations

132. (1) A local municipality may authorize the owner or occupant of land to enter adjoining land, at any reasonable time, for the purpose of making repairs or alterations to any building, fence or other structures on the land of the owner or occupant but only to the extent necessary to carry out the repairs or alterations.  2001, c. 25, s. 132 (1).

Conditions

(2) The following apply to a power of entry under a by-law under this section:

1. The power of entry may be exercised by an employee or agent of the owner or occupant of land.

2. A person exercising the power of entry must display or, on request, produce proper identification.

3. Nothing in a by-law under this section authorizes entry into a building.

4. The owner or occupant shall provide reasonable notice of the proposed entry to the occupier of the adjoining land.

5. The owner or occupant of land shall, in so far as is practicable, restore the adjoining land to its original condition and shall provide compensation for any damages caused by the entry or by anything done on the adjoining land.  2001, c. 25, s. 132 (2).

Fortification of land

133. (1) A municipality that is responsible for the enforcement of the Building Code Act, 1992 may,

Note:  On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 70 (1) by adding “Without limiting sections 9, 10 and 11” at the beginning.  See:  2006, c. 32, Sched. A, ss. 70 (1), 192 (2).

(a) regulate in respect of the fortification of and protective elements applied to land in relation to the use of the land; and

(b) prohibit the excessive fortification of land or excessive protective elements being applied to land in relation to the use of the land.  2001, c. 25, s. 133 (1).

Definitions

(2) In this section,

“land” means land, including buildings, mobile homes, mobile buildings, mobile structures, outbuildings, fences, erections, physical barriers and any other structure on the land or on or in any structure on the land; (“bien-fonds”)

“protective elements” include surveillance equipment. (“éléments protecteurs”)  2001, c. 25, s. 133 (2).

Scope of by-law

(3) A by-law under this section,

(a) may exempt land or classes of land, on such conditions as may be specified in the by-law;

(b) may require the owner of land, at the owner’s expense, to perform remedial work in respect of the land so that it is in conformity with the by-law;

(c) may require remedial work under clause (b) to be done even though the fortifications or protective elements to which the by-law applies were present on the land before the by-law came into force.  2001, c. 25, s. 133 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (3) is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 70 (2).  See: 2006, c. 32, Sched. A, ss. 70 (2), 192 (2).

By-law and building code

(4) A permit shall not be issued under the Building Code Act, 1992 if the proposed building or construction or use of the building will contravene a by-law under this section.  2001, c. 25, s. 133 (4).

Conflict

(5) Despite section 35 of the Building Code Act, 1992, if there is a conflict between the building code under the Building Code Act, 1992 and a by-law made under this section, the building code prevails.  2001, c. 25, s. 133 (5).

Power of entry

(6) A municipality may, at any reasonable time, enter and inspect any land to determine whether a by-law or order under this section is being complied with.  2001, c. 25, s. 133 (6).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (6) is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 70 (3) and the following substituted:

Period for compliance for existing fortifications

(6) If a municipality makes an order to do work under subsection 445 (1) with respect to a contravention of the by-law, the order shall give not less than three months to complete the work if the fortifications or protective elements were present on the land on the day the by-law is passed.  2006, c. 32, Sched. A, s. 70 (3).

See: 2006, c. 32, Sched. A, ss. 70 (3), 192 (2).

Order

(7) If a municipality is satisfied that a contravention of a by-law under this section has occurred, the municipality may make an order requiring work to be done to correct the contravention and the order shall set out,

(a) the municipal address or the legal description of the land;

(b) reasonable particulars of the contravention and of the work to be done and the period within which there must be compliance with the order; and

(c) a notice stating that if the work is not done in compliance with the order within the period it specifies, the municipality may have the work done at the expense of the owner.  2001, c. 25, s. 133 (7).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (7) is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 70 (3).  See: 2006, c. 32, Sched. A, ss. 70 (3), 192 (2).

Period for compliance for existing fortifications

(8) The period described in clause (7) (b) shall not be less than three months if the fortifications or protective elements were present on the land on the day the by-law is passed.  2001, c. 25, s. 133 (8).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (8) is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 70 (3).  See: 2006, c. 32, Sched. A, ss. 70 (3), 192 (2).

Municipality not required to restore land or pay compensation

(9) Clause 431 (c) does not require the remedial work done under this section to be undone and clause 431 (d) does not require the municipality to provide compensation as a result of doing the remedial work.  2001, c. 25, s. 133 (9).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (9) is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 70 (3).  See: See: 2006, c. 32, Sched. A, ss. 70 (3), 192 (2).

Conveyance of prisoners

134. If the attendance of a prisoner in a correctional institution is required at a hearing or proceeding, the municipality that was responsible for delivering the prisoner to the correctional institution is responsible for conveying the prisoner from the correctional institution to the place of the hearing or proceeding and for the prisoner’s return.  2001, c. 25, s. 134.

Natural Environment

Tree by-laws

135. (1) Subject to subsection (4), a local municipality may prohibit or regulate the destruction or injuring of trees.  2001, c. 25, s. 135 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 71 (1) and the following substituted:

Tree by-laws

(1) Subject to subsection (4) and without limiting sections 9, 10 and 11, a local municipality may prohibit or regulate the destruction or injuring of trees.  2006, c. 32, Sched. A, s. 71 (1).

See: 2006, c. 32, Sched. A, ss. 71 (1), 192 (2).

Woodlands

(2) An upper-tier municipality may prohibit or regulate the destruction or injuring of trees in woodlands designated in the by-law.  2001, c. 25, s. 135 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 71 (1) and the following substituted:

Woodlands

(2) Without limiting sections 9, 10 and 11, an upper-tier municipality may prohibit or regulate the destruction or injuring of trees in woodlands designated in the by-law.  2006, c. 32, Sched. A, s. 71 (1).

See: 2006, c. 32, Sched. A, ss. 71 (1), 192 (2).

Definition

(3) In this section,

“woodlands” means woodlands as defined in the Forestry Act that are one hectare or more in area.  2001, c. 25, s. 135 (3).

Restriction

(4) If an upper-tier municipality by-law in respect of woodlands is in effect in a lower-tier municipality, the lower-tier municipality may not prohibit or regulate the destruction of trees in any woodlands designated in the upper-tier by-law and any lower-tier by-law, whether passed before or after the upper-tier by-law comes into force, is inoperative to the extent that it applies to trees in the designated woodlands.  2001, c. 25, s. 135 (4).

Factor to be considered

(5) In passing a by-law regulating or prohibiting the injuring or destruction of trees in woodlands, a municipality shall have regard to good forestry practices as defined in the Forestry Act.  2001, c. 25, s. 135 (5); 2002, c. 17, Sched. A, s. 27 (1).

Notice

(6) An upper-tier municipality shall immediately notify its lower-tier municipalities of the passing of a by-law under subsection (2).  2001, c. 25, s. 135 (6).

Conditions

(7) A by-law passed under this section may,

Note:  On a day to be named by proclamation of the Lieutenant Governor, subsection (7) is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 71 (2) by striking out the portion before clause (a) and substituting the following:

Conditions

(7) Without limiting sections 9, 10 and 11, a municipality may, in a by-law passed under this section,

See:  2006, c. 32, Sched. A, ss. 71 (2), 192 (2).

(a) require that a permit be obtained to injure or destroy trees; and

(b) impose conditions to a permit, including conditions relating to the manner in which destruction occurs and the qualifications of persons authorized to injure or destroy trees.  2001, c. 25, s. 135 (7).

Delegation to lower-tier municipality

(8) An upper-tier municipality may delegate all or part of its power to pass a by-law respecting the destruction or injuring of trees in woodlands to one or more of its lower-tier municipalities with the agreement of the lower-tier municipality or municipalities, as the case may be.  2001, c. 25, s. 135 (8).

Effect of delegation

(9) Subsection (4) does not apply to that part of a lower-tier by-law authorized by the delegation of power from the upper-tier municipality.  2001, c. 25, s. 135 (9).

Delegation to upper-tier municipality

(10) A lower-tier municipality may delegate all or part of its power to pass a by-law respecting the destruction or injuring of trees to its upper-tier municipality with the agreement of the upper-tier municipality.  2001, c. 25, s. 135 (10).

Officers

(11) A municipality may designate persons as officers for the purpose of this section and sections 136 to 140 and may, on such conditions as the municipality considers appropriate, delegate to them the power to issue permits and impose conditions to the permits.  2001, c. 25, s. 135 (11); 2002, c. 17, Sched. A, s. 27 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (11) is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 71 (3).  See: 2006, c. 32, Sched. A, ss. 71 (3), 192 (2).

Exemption from by-law

(12) A by-law passed under this section does not apply to,

(a) activities or matters undertaken by a municipality or a local board of a municipality;

(b) activities or matters undertaken under a licence issued under the Crown Forest Sustainability Act, 1994;

(c) the injuring or destruction of trees by a person licensed under the Surveyors Act to engage in the practice of cadastral surveying or his or her agent, while making a survey;

(d) the injuring or destruction of trees imposed after December 31, 2002 as a condition to the approval of a site plan, a plan of subdivision or a consent under section 41, 51 or 53, respectively, of the Planning Act or as a requirement of a site plan agreement or subdivision agreement entered into under those sections;

(e) the injuring or destruction of trees imposed after December 31, 2002 as a condition to a development permit authorized by regulation made under section 70.2 of the Planning Act or as a requirement of an agreement entered into under the regulation;

(f) the injuring or destruction of trees by a transmitter or distributor, as those terms are defined in section 2 of the Electricity Act, 1998, for the purpose of constructing and maintaining a transmission system or a distribution system, as those terms are defined in that section;

(g) the injuring or destruction of trees undertaken on land described in a licence for a pit or quarry or a permit for a wayside pit or wayside quarry issued under the Aggregate Resources Act; or

(h) the injuring or destruction of trees undertaken on land in order to lawfully establish and operate or enlarge any pit or quarry on land,

(i) that has not been designated under the Aggregate Resources Act or a predecessor of that Act, and

(ii) on which a pit or quarry is a permitted land use under a by-law passed under section 34 of the Planning Act.  2001, c. 25, s. 135 (12); 2002, c. 17, Sched. A, s. 27 (3, 4).

Appeal

136. (1) An applicant for a permit under a by-law passed under section 135 may appeal to the Ontario Municipal Board,

(a) if the municipality refuses to issue a permit, within 30 days after the refusal;

(b) if the municipality fails to make a decision on the application, within 45 days after the application is received by the clerk; or

(c) if the applicant objects to a condition in the permit, within 30 days after the issuance of the permit.  2001, c. 25, s. 136 (1).

Order

(2) The Board may by order,

(a) uphold the decision of the municipality;

(b) require the municipality to vary any condition in a permit; or

(c) require the municipality to issue a permit on such conditions as the Board considers appropriate.  2001, c. 25, s. 136 (2).

Decision final

(3) The decision of the Board is final.  2001, c. 25, s. 136 (3).

No petition

(4) Section 95 of the Ontario Municipal Board Act does not apply to a decision of the Board under this section.  2001, c. 25, s. 136 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 136 is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 72.  See: 2006, c. 32, Sched. A, ss. 72, 192 (2).

Power of entry

137. (1) A municipality may, at any reasonable time, enter and inspect any land to determine whether a by-law, order or a condition to a permit under section 135 or 136 or this section or a court order under subsection 138 (2) is being complied with.  2001, c. 25, s. 137 (1); 2002, c. 17, Sched. A, s. 28.

Limitation

(2) The power of entry under this section does not allow a municipality to enter any building.  2001, c. 25, s. 137 (2).

Order to discontinue activity

(3) If an officer is satisfied that a contravention of a by-law has occurred, the officer may make an order requiring the person who contravened the by-law or who caused or permitted the injuring or destruction of trees in contravention of the by-law to stop the injuring or destruction of trees and the order shall set out,

(a) the municipal address or the legal description of the land;

(b) reasonable particulars of the contravention; and

(c) the period within which there must be compliance with the order.  2001, c. 25, s. 137 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 137 is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 72.  See: 2006, c. 32, Sched. A, ss. 72, 192 (2).

Offence

138. (1) A by-law passed under section 135 may provide that any person who contravenes the by-law or an order under subsection 137 (3) is guilty of an offence and is liable,

(a) on a first conviction, to a fine of not more than $10,000 or $1,000 per tree, whichever is greater; and

(b) on any subsequent conviction, to a fine of not more than $25,000 or $2,500 per tree, whichever is greater.  2001, c. 25, s. 138 (1).

Corporations

(1.1) Despite subsection (1), where the person convicted is a corporation,

(a) the maximum fines in clause (1) (a) are $50,000 or $5,000 per tree; and

(b) the maximum fines in clause (1) (b) are $100,000 or $10,000 per tree.  2002, c. 17, Sched. A, s. 29.

Replacement

(2) If a person is convicted of an offence for contravening a by-law passed under section 135 or an order under subsection 137 (3), the court in which the conviction has been entered, and any court of competent jurisdiction thereafter, may order the person to rehabilitate the land or to plant or replant trees in such manner and within such period as the court considers appropriate, including any silvicultural treatment necessary to re-establish the trees.  2001, c. 25, s. 138 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 138 is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 72.  See: 2006, c. 32, Sched. A, ss. 72, 192 (2).

Agreement re: enforcement by upper-tier

139. An upper-tier municipality may enter into an agreement with any of its lower-tier municipalities for the upper-tier municipality to designate one or more of its officers to enforce by-laws passed by the lower-tier municipality under section 135 and to charge the lower-tier municipality the whole or any part of the costs of the officers.  2001, c. 25, s. 139.

Note:  On a day to be named by proclamation of the Lieutenant Governor, section 139 is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 73 by striking out “and to charge the lower-tier municipality the whole or any part of the costs of the officers” at the end.  See:  2006, c. 32, Sched. A, ss. 73, 192 (2).

Agreement re: enforcement by lower-tier

140. A lower-tier municipality may enter into an agreement with its upper-tier municipality for the lower-tier municipality to designate one or more of its officers to enforce by-laws passed by the upper-tier municipality under section 135 and to charge the upper-tier municipality the whole or any part of the costs of the officers.  2001, c. 25, s. 140.

Note:  On a day to be named by proclamation of the Lieutenant Governor, section 140 is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 74 by striking out “and to charge the upper-tier municipality the whole or any part of the costs of the officers” at the end.  See:  2006, c. 32, Sched. A, ss. 74, 192 (2).

Planting trees adjacent to highways

141. A municipality may provide trees to the owners of land adjacent to any highway and may plant the trees on the owners’ land with their consent.  2001, c. 25, s. 141.

Note:  On a day to be named by proclamation of the Lieutenant Governor, section 141 is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 75 by adding “Without limiting sections 9, 10 and 11” at the beginning.  See:  2006, c. 32, Sched. A, ss. 75, 192 (2).

Site alteration

Definition

142. (1) In this section,

“topsoil” means those horizons in a soil profile, commonly known as the “O” and the “A” horizons, containing organic material and includes deposits of partially decomposed organic matter such as peat.  2001, c. 25, s. 142 (1).

Powers of local municipality

(2) A local municipality may,

(a) prohibit or regulate the placing or dumping of fill;

(b) prohibit or regulate the removal of topsoil;

(c) prohibit or regulate the alteration of the grade of the land;

(d) require that a permit be obtained for the placing or dumping of fill, the removal of topsoil or the alteration of the grade of the land;

(e) impose conditions to a permit, including requiring the preparation of plans acceptable to the municipality relating to grading, filling or dumping, the removal of topsoil and the rehabilitation of the site;

(f) require that fill dumped or placed contrary to a by-law passed or a permit issued under this section be removed by the person who dumped or placed it or who caused or permitted it to be dumped or placed;

(g) require the rehabilitation of land from which topsoil has been removed contrary to a by-law passed or a permit issued under this section; and

(h) require that the grade of the land altered contrary to a by-law passed or a permit issued under this section be restored to its original condition by the person who altered it or who caused or permitted it to be altered.  2001, c. 25, s. 142 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 76 (1) and the following substituted:

Powers of local municipality

(2) Without limiting sections 9, 10 and 11, a local municipality may,

(a) prohibit or regulate the placing or dumping of fill;

(b) prohibit or regulate the removal of topsoil;

(c) prohibit or regulate the alteration of the grade of the land;

(d) require that a permit be obtained for the placing or dumping of fill, the removal of topsoil or the alteration of the grade of the land; and

(e) impose conditions to a permit, including requiring the preparation of plans acceptable to the municipality relating to grading, filling or dumping, the removal of topsoil and the rehabilitation of the site.  2006, c. 32, Sched. A, s. 76 (1).

See: 2006, c. 32, Sched. A, ss. 76 (1), 192 (2).

Delegation to upper-tier

(3) A lower-tier municipality may delegate all or part of its power to pass a by-law respecting the dumping or placing of fill, removal of topsoil or the alteration of the grade of land to its upper-tier municipality with the agreement of the upper-tier municipality.  2001, c. 25, s. 142 (3).

Officers

(4) The council of a local municipality may designate persons as officers for the purpose of this section and sections 143 to 146 and delegate to them, subject to any conditions that the council considers appropriate, the power to issue permits and impose conditions to the permits.  2001, c. 25, s. 142 (4); 2002, c. 17, Sched. A, s. 30 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (4) is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 76 (2).  See: 2006, c. 32, Sched. A, ss. 76 (2), 192 (2).

Exemptions

(5) A by-law passed under this section does not apply to,

(a) activities or matters undertaken by a municipality or a local board of a municipality;

(b) the placing or dumping of fill, removal of topsoil or alteration of the grade of land imposed after December 31, 2002 as a condition to the approval of a site plan, a plan of subdivision or a consent under section 41, 51 or 53, respectively, of the Planning Act or as a requirement of a site plan agreement or subdivision agreement entered into under those sections;

(c) the placing or dumping of fill, removal of topsoil or alteration of the grade of land imposed after December 31, 2002 as a condition to a development permit authorized by regulation made under section 70.2 of the Planning Act or as a requirement of an agreement entered into under that regulation;

(d) the placing or dumping of fill, removal of topsoil or alteration of the grade of land undertaken by a transmitter or distributor, as those terms are defined in section 2 of the Electricity Act, 1998, for the purpose of constructing and maintaining a transmission system or a distribution system, as those terms are defined in that section;

(e) the placing or dumping of fill, removal of topsoil or alteration of the grade of land undertaken on land described in a licence for a pit or quarry or a permit for a wayside pit or wayside quarry issued under the Aggregate Resources Act;

(f) the placing or dumping of fill, removal of topsoil or alteration of the grade of land undertaken on land in order to lawfully establish and operate or enlarge any pit or quarry on land,

(i) that has not been designated under the Aggregate Resources Act or a predecessor of that Act, and

(ii) on which a pit or quarry is a permitted land use under a by-law passed under section 34 of the Planning Act; or

(g) the placing or dumping of fill, removal of topsoil or alteration of the grade of land undertaken as an incidental part of drain construction under the Drainage Act or the Tile Drainage Act.  2001, c. 25, s. 142 (5); 2002, c. 17, Sched. A, s. 30 (2, 3).

Exception

(6) A by-law respecting the removal of topsoil does not apply to the removal of topsoil as an incidental part of a normal agricultural practice including such removal as an incidental part of sod-farming, greenhouse operations and nurseries for horticultural products.  2001, c. 25, s. 142 (6).

Exclusion

(7) The exception in subsection (6) respecting the removal of topsoil as an incidental part of a normal agricultural practice does not include the removal of topsoil for sale, exchange or other disposition.  2001, c. 25, s. 142 (7).

By-law ceases to have effect

(8) If a regulation is made under section 28 of the Conservation Authorities Act respecting the placing or dumping of fill, removal of topsoil or alteration of the grade of land in any area of the municipality, a by-law passed under this section is of no effect in respect of that area.  2001, c. 25, s. 142 (8).

Appeal

143. (1) An applicant for a permit under a by-law passed under section 142 may appeal to the Ontario Municipal Board,

(a) if the municipality refuses to issue a permit, within 30 days after the refusal;

(b) if the municipality fails to make a decision on the application, within 45 days after the application is received by the clerk; or

(c) if the applicant objects to a condition in the permit, within 30 days after the issuance of the permit.  2001, c. 25, s. 143 (1).

Order

(2) The Ontario Municipal Board may, by order,

(a) uphold the decision of the municipality;

(b) require the municipality to vary any condition in a permit; or

(c) require the municipality to issue a permit on such conditions as the Board considers appropriate.  2001, c. 25, s. 143 (2).

Decision final

(3) The decision of the Board is final.  2001, c. 25, s. 143 (3).

No petition

(4) Section 95 of the Ontario Municipal Board Act does not apply to a decision of the Board under this section.  2001, c. 25, s. 143 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 143 is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 77.  See: 2006, c. 32, Sched. A, ss. 77, 192 (2).

Power of entry

144. (1) A municipality may, at any reasonable time, enter and inspect any land to determine whether a by-law, order or a condition to a permit under section 142 or 143 or this section or a court order under subsection (18) is being complied with.  2001, c. 25, s. 144 (1); 2002, c. 17, Sched. A, s. 31 (1).

Limitation

(2) The power of entry under this section does not allow a municipality to enter any building.  2001, c. 25, s. 144 (2).

No notice

(3) Clause 431 (a) does not apply to an entry under this section for the purpose of placing a placard under subsection (9).  2001, c. 25, s. 144 (3).

Order to discontinue activity

(4) If an officer is satisfied that a contravention of the by-law has occurred, the officer may make an order requiring the owner of the land or the person who caused or permitted the placing or dumping of fill, removal of topsoil or alteration of the grade of land in contravention of the by-law to discontinue the activity and the order shall set out,

(a) the municipal address or the legal description of the land; and

(b) reasonable particulars of the contravention and the period within which there must be compliance.  2001, c. 25, s. 144 (4).

Work order

(5) If an officer is satisfied that a contravention of the by-law has occurred, the officer may make an order requiring work to be done to correct the contravention and the order shall set out,

(a) the municipal address or the legal description of the land;

(b) reasonable particulars of the contravention and of the work to be done and the period within which there must be compliance with the order; and

(c) a notice stating that if the work is not done in compliance with the order within the period it specifies, the municipality may have the work done at the expense of the owner.  2001, c. 25, s. 144 (5).

Work done by municipality

(6) If the work required by an order under subsection (5) is not done within the specified period, the municipality, in addition to all other remedies it may have, may do the work at the owner’s expense and may enter upon land, at any reasonable time, for this purpose.  2001, c. 25, s. 144 (6).

Municipality not required to restore land or pay compensation

(7) Clause 431 (c) does not require the remedial work done by the municipality under subsection (6) to be undone and clause 431 (d) does not require the municipality to provide compensation as a result of doing the remedial work.  2001, c. 25, s. 144 (7).

Service

(8) Before the municipality enters on land to do the work, the order shall be served on the owner of the land personally or by prepaid registered mail to the last known address of the owner of the land.  2001, c. 25, s. 144 (8).

Placard

(9) If the municipality is unable to effect service on the owner under subsection (8), it may place a placard containing the terms of the order in a conspicuous place on the land and may enter on the land for this purpose.  2001, c. 25, s. 144 (9).

Deemed service

(10) The placing of the placard shall be deemed to be sufficient service of the order.  2001, c. 25, s. 144 (10).

Deemed notice

(11) Notice under subsection (8) or (9) shall be deemed to be sufficient notice for the purpose of clause 431 (a) of the proposed entry on the land.  2001, c. 25, s. 144 (11).

Recovery of costs

(12) The municipality may recover the costs incurred by the municipality under subsection (6) plus interest accrued to the date payment is made at the rate of 15 per cent or such lesser rate as may be approved by the municipality from the owner of the land by action or in like manner as taxes.  2001, c. 25, s. 144 (12).

Lien

(13) Costs incurred by the municipality under subsection (6) are a lien on the land upon the registration in the proper land registry office of a notice of lien.  2001, c. 25, s. 144 (13).

Amount of lien

(14) The lien is in respect of all costs that are payable at the time the notice is registered plus interest accrued to the date the payment is made.  2001, c. 25, s. 144 (14).

Discharge of lien

(15) Upon payment of all costs payable plus interest accrued to the date payment is made by the owner of the land, a discharge of the lien shall be registered by the municipality in the proper land registry office.  2001, c. 25, s. 144 (15).

Offence

(16) A by-law passed under section 142 may provide that any person who contravenes the by-law or an order under subsection (4) or (5) is guilty of an offence and is liable,

(a) on a first conviction, to a fine of not more than $10,000; and

(b) on any subsequent conviction, to a fine of not more than $25,000.  2001, c. 25, s. 144 (16).

Corporations

(17) Despite subsection (16), where the person convicted is a corporation, the maximum fines in clauses (16) (a) and (b) are $50,000 and $100,000, respectively.  2001, c. 25, s. 144 (17).

Order upon conviction

(18) If a person is convicted of an offence for contravening a by-law passed under section 142 or an order under subsection (4) or (5) of this section, the court in which the conviction has been entered, and any court of competent jurisdiction thereafter, may order the person, in such manner and within such period as the court considers appropriate,

(a) to rehabilitate the land;

(b) to remove the fill dumped or placed contrary to the by-law or to the permit; or

(c) to restore the grade of the land to its original condition.  2002, c. 17, Sched. A, s. 31 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 144 is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 77.  See: 2006, c. 32, Sched. A, ss. 77, 192 (2).

Agreement re: enforcement by upper-tier

145. An upper-tier municipality may enter into an agreement with any of its lower-tier municipalities for the upper-tier municipality to designate one or more of its officers to enforce by-laws passed by the lower-tier municipality under section 142 and to charge the lower-tier municipality the whole or any part of the costs of the officers.  2001, c. 25, s. 145.

Note:  On a day to be named by proclamation of the Lieutenant Governor, section 145 is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 78 by striking out “and to charge the lower-tier municipality the whole or any part of the costs of the officers” at the end.  See:  2006, c. 32, Sched. A, ss. 78, 192 (2).

Agreement re: enforcement by lower-tier

146. A lower-tier municipality may enter into an agreement with its upper-tier municipality for the lower-tier municipality to designate one or more of its officers to enforce by-laws passed by the upper-tier municipality under section 142 and to charge the upper-tier municipality the whole or any part of the costs of the officers.  2001, c. 25, s. 146.

Note:  On a day to be named by proclamation of the Lieutenant Governor, section 146 is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 79 by striking out “and to charge the upper-tier municipality the whole or any part of the costs of the officers” at the end.  See:  2006, c. 32, Sched. A, ss. 79, 192 (2).

Energy conservation programs

147. (1) A municipality may provide, arrange for or participate in an energy conservation program in the municipality to encourage the safe and efficient use and conservation of all forms of energy including, but not limited to,

Note:  On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 80 (1) by adding “Without limiting sections 9, 10 and 11” at the beginning.  See:  2006, c. 32, Sched. A, ss. 80 (1), 192 (2).

(a) the improvement of an energy system in a building;

(b) the substitution of one form of energy for another form of energy;

(c) the improvement of the capacity of a building to retain heat;

(d) the reduction of energy use through more efficient use of energy; and

(e) the shifting of electrical loads from times of high demand to times of low demand.  2001, c. 25, s. 147 (1).

Limitation

(2) Subsection (1) does not authorize a municipality to lend money out of its own funds as part of an energy conservation program.  2001, c. 25, s. 147 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 80 (2).  See: 2006, c. 32, Sched. A, ss. 80 (2), 192 (2).

Closing of Retail Business Establishments

Hours of closing

148. (1) A local municipality may require that retail business establishments be closed to the public on all or any days of the week during any time between 6 p.m. of any day and 5 a.m. of the next day.  2001, c. 25, s. 148 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 81 (1) and the following substituted:

Hours of closing

(1) Without limiting sections 9, 10 and 11, a local municipality may require that retail business establishments be closed to the public at any time.  2006, c. 32, Sched. A, 81 (1).

See: 2006, c. 32, Sched. A, ss. 81 (1), 192 (2).

Definition

(2) In this section,

Note:  On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 81 (2) by adding the following definition:

“holiday” has the same meaning as in subsection 1 (1) of the Retail Business Holidays Act; (“jour férié”)

See:  2006, c. 32, Sched. A, ss. 81 (2), 192 (2).

“retail business establishment” means the premises where goods or services are sold or offered for sale by retail.  2001, c. 25, s. 148 (2).

Holiday closings

(3) A local municipality may require retail business establishments to be closed to the public for any period of time proclaimed by the head of council as a civic holiday.  2001, c. 25, s. 148 (3); 2002, c. 17, Sched. A, s. 32.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (3) is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 81 (3) and the following substituted:

Regional municipalities

(3) Without limiting sections 9, 10 and 11, if a regional municipality has passed a by-law under subsection 1.2 (1) of the Retail Business Holidays Act providing that that Act does not apply to the regional municipality, the regional municipality may require that retail business establishments be closed to the public on a holiday.  2006, c. 32, Sched. A, s. 81 (3).

Effect on by-law of local municipality

(3.1) If a regional municipality passes a by-law under subsection (3), a by-law passed by a local municipality under subsection (1) respecting the closing of a retail business establishment on a holiday is of no effect.  2006, c. 32, Sched. A, s. 81 (3).

See: 2006, c. 32, Sched. A, ss. 81 (3), 192 (2).

Exemptions

(4) A by-law passed under this section does not apply to the sale or offering for sale by retail of,

(a) goods or services in the form of or in connection with prepared meals or living accommodation; and

Note:  On a day to be named by proclamation of the Lieutenant Governor, subsection (4) is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 81 (4) by striking out “and” at the end of clause (a).  See:  2006, c. 32, Sched. A, ss. 81 (4), 192 (2).

(b) liquor under the authority of a licence or permit issued under the Liquor Licence Act.  2001, c. 25, s. 148 (4).

Note:  On a day to be named by proclamation of the Lieutenant Governor, subsection (4) is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 81 (4) by adding “and” at the end of clause (b) and by adding the following clause:

(c) any other prescribed goods or services.

See:  2006, c. 32, Sched. A, ss. 81 (4), 192 (2).

Fines

(5) A by-law passed under this section may provide that a person who contravenes the by-law is guilty of an offence and on conviction is liable to a fine of not more than the greater of,

(a) $50,000; and

(b) the gross sales of the retail business establishment for the period the establishment was open in contravention of the by-law.  2001, c. 25, s. 148 (5).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (5) is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 81 (5) and the following substituted:

Regulations

(5) The Minister may make regulations prescribing goods and services for the purpose of clause (4) (c).  2006, c. 32, Sched. A, s. 81 (5).

See: 2006, c. 32, Sched. A, ss. 81 (5), 192 (2).

Annual Farm Dues

Annual dues

149. (1) A local municipality may authorize the annual dues of members of any farm organization approved by the Minister of Agriculture, Food and Rural Affairs to be entered on the tax roll and collected in the same manner as taxes.  2001, c. 25, s. 149 (1).

Notice

(2) If, before the tax roll is certified, the treasurer of the local municipality receives written notice from a member of a farm organization directing the annual dues of that member be collected in the same manner as taxes, the dues of the member shall be entered on the tax roll.  2001, c. 25, s. 149 (2).

Discontinuation

(3) A member who has given a notice under subsection (2) may by similar notice require the treasurer to discontinue the collection of dues.  2001, c. 25, s. 149 (3).

Due not a charge

(4) The dues do not form a lien upon land and are not subject to late payment charges.  2001, c. 25, s. 149 (4).

Payment

(5) The treasurer shall, upon request, pay dues collected to the treasurer of the appropriate farm organization.  2001, c. 25, s. 149 (5).

By-law continued

(6) A by-law under this section remains in force until amended or repealed and it is not necessary to pass the by-law annually.  2001, c. 25, s. 149 (6).

PART IV
licensiNG and registration

General licensing powers

150. (1) Subject to the Theatres Act and the Retail Business Holidays Act, a local municipality may license, regulate and govern any business wholly or partly carried on within the municipality even if the business is being carried on from a location outside the municipality.  2001, c. 25, s. 150 (1).

Purposes

(2) Except as otherwise provided, a municipality may only exercise its licensing powers under this section, including imposing conditions, for one or more of the following purposes:

1. Health and safety.

2. Nuisance control.

3. Consumer protection.  2001, c. 25, s. 150 (2).

Explanation

(3) A by-law licensing or imposing any condition on any business or class of business passed after this section comes into force shall include an explanation as to the reason why the municipality is licensing it or imposing the conditions and how that reason relates to the purposes under subsection (2).  2001, c. 25, s. 150 (3).

Notice

(4) Before passing a by-law under this section, the council of the municipality shall, except in the case of emergency,

(a) hold at least one public meeting at which any person who attends has an opportunity to make representation with respect to the matter; and

(b) ensure that notice of the public meeting is given.  2001, c. 25, s. 150 (4).

Special case

(5) If a by-law is passed under this section in the case of an emergency without complying with subsection (4), the council shall, as soon as is practicable after its passage, hold the meeting and give the notice referred to in subsection (4) and may, after that meeting, amend or repeal the by-law without the requirement of a further meeting.  2001, c. 25, s. 150 (5).

Scope of power

(6) Businesses that may be licensed, regulated and governed under subsection (1) include,

(a) trades and occupations;

(b) exhibitions, concerts, festivals and other organized public amusements held for profit or otherwise;

(c) the sale or hire of goods or services on an intermittent or one-time basis and the activities of a transient trader; and

(d) the display of samples, patterns or specimens of goods for the purpose of sale or hire.  2001, c. 25, s. 150 (6).

Exclusions

(7) Subsection (1) does not apply to,

(a) a manufacturing or an industrial business, except to the extent that it sells its products or raw material by retail;

(b) the sale of goods by wholesale; or

(c) the generation, exploitation, extraction, harvesting, processing, renewal or transportation of natural resources.  2001, c. 25, s. 150 (7).

Powers re: licences

(8) Without limiting subsection (1), the power to license, regulate and govern a business includes the power,

(a) to prohibit the carrying on of or engaging in the business without a licence;

(b) to refuse to grant a licence or to revoke or suspend a licence;

(c) to fix the expiry date for a licence;

(d) to define classes of businesses and to separately license, regulate and govern each class;

(e) to impose conditions as a requirement of obtaining, continuing to hold or renewing a licence, including conditions,

(i) requiring the payment of licence fees,

(ii) restricting the hours of operation of the business,

(iii) allowing, at any reasonable time, the municipality to inspect the places and premises used for the business and the equipment, vehicles and other personal property used or kept for hire in the carrying on of the business,

(iv) prohibiting places or premises used for the business to be constructed or equipped so as to hinder the enforcement of the by-law,

(v) requiring the premises of the business, or part of the premises, to be accessible to persons with disabilities;

(f) to impose special conditions on a business in a class that have not been imposed on all of the businesses in that class in order to obtain, continue to hold or renew a licence;

(g) to impose conditions, including special conditions, as a requirement of continuing to hold a licence at any time during the term of the licence;

(h) to license, regulate or govern the place or premises used for the business and the persons carrying it on or engaged in it;

(i) to regulate or govern the equipment, vehicles and other personal property used or kept for hire in connection with the carrying on or engaging in the business;

(j) to exempt any business or person from all or any part of the by-law; and

(k) without limiting anything in clauses (a) to (j), to require the payment by a licensed business of additional fees at any time during the term of the licence for costs incurred by the municipality attributable to the activities of the business.  2001, c. 25, s. 150 (8); 2002, c. 17, Sched. A, s. 33 (1, 2).

Licence fees

(9) The total amount of fees to be charged for licensing a class of business shall not exceed the costs directly related to the administration and enforcement of the by-law or portion of the by-law of the municipality licensing that class of business.  2001, c. 25, s. 150 (9).

Types of allowable costs

(10) Without limiting subsection (9), costs directly related to the administration and enforcement of the by-law may include costs related to,

(a) the preparation of the by-law;

(b) inspections related to the by-law;

(c) the enforcement of the by-law against a person operating a business without a licence;

(d) prosecution and court proceedings; and

(e) a reciprocal licensing arrangement under section 156.  2001, c. 25, s. 150 (10).

Exercise of power

(11) The exercise of a power under clause (8) (b), (f) or (g) is in the discretion of council and council shall exercise its discretion,

(a) upon such grounds as are set out in the by-law; or

(b) upon the grounds that the conduct of any person, including the officers, directors, employees or agents of a corporation, affords reasonable cause to believe that the person will not carry on or engage in the business in accordance with the law or with honesty and integrity.  2001, c. 25, s. 150 (11).

Limitation

(12) Despite subsection (8), a municipality shall not, except as otherwise provided, refuse to grant a licence for a business under this Part by reason only of the location of the business.  2002, c. 17, Sched. A, s. 33 (3).

Compliance with land use control by-laws

(12.1) Despite subsection (12), a by-law licensing a business may require as a condition of obtaining, continuing to hold or renewing a licence that the business comply with land use control by-laws or requirements under the Planning Act or any other Act.  2002, c. 17, Sched. A, s. 33 (3).

Continuation

(12.2) Despite subsection (12.1), a municipality shall not refuse to grant a licence by reason only of the location of the business if the business was being lawfully carried on at that location at the time the by-law requiring the licence came into force so long as it continues to be carried on at that location.  2002, c. 17, Sched. A, s. 33 (3).

Expiry of a by-law

(13) A by-law licensing a business under this Part expires five years after it comes into force or the day it is repealed, whichever occurs first.  2001, c. 25, s. 150 (13); 2002, c. 17, Sched. A, s. 33 (4).

Amendments

(14) Amendments to a by-law licensing a business do not affect the term of the by-law.  2001, c. 25, s. 150 (14).

Adult entertainment establishments

151. (1) A by-law under section 150 that licenses, regulates and governs adult entertainment establishments may,

(a) despite subsection 150 (12), define the area of the municipality in which adult entertainment establishments may or may not operate and limit the number of licences granted in any defined area in which they are permitted;

(b) regulate and prohibit the placement, construction, size, nature and character of signs, advertising, and advertising devices, including any printed matter, oral or other communication or thing used to promote adult entertainment establishments; and

(c) prohibit any person carrying on or engaged in an adult entertainment establishment business for which a licence is required from permitting any person under the age of 18 years to enter or remain in the adult entertainment establishment or any part of it.  2001, c. 25, s. 151 (1).

Premises

(2) Any premises or any part of them is an adult entertainment establishment if, in the pursuance of a business,

(a) goods, entertainment or services that are designed to appeal to erotic or sexual appetites or inclinations are provided in the premises or part of the premises; or

(b) body-rubs, including the kneading, manipulating, rubbing, massaging, touching or stimulating by any means of a person’s body, are performed, offered or solicited in the premises or part of the premises, but does not include premises or part of them where body-rubs performed, offered or solicited are for the purpose of medical or therapeutic treatment and are performed or offered by persons otherwise duly qualified, licensed or registered to do so under the laws of the Province of Ontario.  2002, c. 17, Sched. A, s. 34.

Power of entry

(3) A municipality may, at any time of the day or night, enter any adult entertainment establishment licensed, regulated or governed by a by-law under section 150 to determine whether the by-law is being complied with and, for this purpose, may make such examinations, investigations and inquiries as are necessary.  2001, c. 25, s. 151 (3).

Other powers not affected

(4) Nothing in this section affects the power that may be exercised by a municipality under this or any other Act to license, regulate or govern any other business.  2001, c. 25, s. 151 (4).

Evidence rule

(5) For the purpose of a prosecution or proceeding under a by-law licensing, regulating or governing adult entertainment establishments, the holding out to the public that the entertainment or services described in subsection (2) are provided in the premises or any part of them is admissible in evidence as proof, in the absence of evidence to the contrary, that the premises or part of them is an adult entertainment establishment.  2001, c. 25, s. 151 (5).

152. Repealed:  2002, c. 17, Sched. A, s. 35.

Consultation

153. Without limiting the general power of a municipality to consult with the public, a municipality may seek the view of members of the public before,

(a) passing a by-law licensing a business under section 150; or

(b) issuing, renewing, revoking, imposing conditions on or suspending a business licence for an adult entertainment establishment, a rave or any other business.  2001, c. 25, s. 153.

Licensing tow trucks, etc.

154. A by-law under section 150 for licensing, regulating and governing owners and drivers of tow trucks and vehicles, other than motor vehicles, used for hire, may,

(a) establish the rates or fares to be charged for the conveyance of property or passengers either wholly within the municipality or from any point in the municipality to any point outside the municipality; and

(b) provide for the collection of the rates or fares charged for the conveyance.  2001, c. 25, s. 154.

Licensing taxicabs

155. (1) A by-law under section 150 for licensing, regulating and governing the owners and drivers of taxicabs may,

(a) establish the rates or fares to be charged for the conveyance of property or passengers either wholly within the municipality or from any point in the municipality to any point outside the municipality;

(b) provide for the collection of the rates or fares charged for the conveyance; and

(c) limit the number of taxicabs or any class of them.  2001, c. 25, s. 155 (1).

Airports

(2) A by-law under section 150 for licensing, regulating and governing the owners and drivers of taxicabs does not apply in respect of taxicabs conveying property or passengers from any point within the municipality to an airport situated outside the municipality if,

(a) the airport is owned and operated by the Crown in right of Canada and the taxicab bears a valid and subsisting plate issued in respect of the airport under the Government Airport Concession Operations Regulations made under the Department of Transport Act (Canada); or

(b) the airport is operated by a corporation or other body designated by the Governor in Council as a designated airport authority under the Airport Transfer (Miscellaneous Matters) Act (Canada) and the taxicab bears a valid and subsisting permit or licence issued by the designated airport authority.  2001, c. 25, s. 155 (2).

Restriction

(3) A by-law licensing, governing and regulating the owners and drivers of taxicabs is void to the extent that it restricts, limits or prevents the owners and drivers of taxicabs from engaging in conveyances that meet the following criteria:

1. The purpose of the conveyance is to transport persons with physical, emotional or mental disabilities from any point in the municipality to any point outside the municipality.

2. The conveyance is made pursuant to a written contract for the use of a taxicab with respect to which a valid and subsisting licence has been issued under a by-law passed under this section by the municipality in which the conveyance begins or ends.  2001, c. 25, s. 155 (3).

Mississauga

(4) No by-law passed by the City of Mississauga for licensing, regulating and governing the owners and drivers of taxicabs applies in respect of taxicabs, other than taxicabs licensed by the city, engaged in the conveyance of goods or passengers, if the conveyance commenced at the Lester B. Pearson International Airport.  2001, c. 25, s. 155 (4).

Reciprocal licensing arrangement

156. (1) A municipality may enter into an agreement with one or more municipalities, a police services board exercising delegated authority under section 159 or with other bodies performing a public function prescribed by the Minister with respect to reciprocal licensing arrangements.  2001, c. 25, s. 156 (1).

Inclusions

(2) Without limiting subsection (1), a reciprocal licensing arrangement may include,

(a) one municipality issuing a business licence on behalf of another municipality;

(b) municipalities recognizing that if a business licence has been issued by one municipality, a licence is not required for the other municipality;

(c) municipalities recognizing that if any of the conditions for obtaining, continuing to hold or renewing a business licence have been satisfied in one municipality, such condition does not need to be satisfied in the other municipality;

(d) one municipality enforcing by-laws on behalf of another municipality;

(e) one municipality charging another municipality for the whole or any part of the costs of such enforcement;

(f) one municipality collecting licensing fees on behalf of another municipality; and

(g) municipalities allocating amongst themselves the costs of administering a reciprocal licensing arrangement.  2001, c. 25, s. 156 (2).

Effect

(3) Nothing in this section or an agreement under this section eliminates the need to pass a by-law or satisfy any requirement under section 150, including the requirement for council of a municipality to hold a public meeting with regard to business licensing by-laws, except in the case of emergency, nor does it remove council’s discretion as to whether or not to pass a business licensing by-law.  2001, c. 25, s. 156 (3).

Enforcement

(4) For the purposes of clause (2) (d), a municipality may designate one or more persons as officers to enforce business licensing by-laws passed by another municipality.  2001, c. 25, s. 156 (4).

Regulations

(5) The Minister may prescribe the other bodies performing a public function that may enter into reciprocal licensing arrangements with municipalities and may impose conditions and limitations on the powers of municipalities to enter into such arrangements with those bodies.  2001, c. 25, s. 156 (5).

Delegation

(6) A municipality may delegate to another municipality, with the consent of the other municipality, the power to license, regulate and govern a business or class of business specified in the by-law and, for that purpose, this Part applies with the necessary modifications to the other municipality.  2001, c. 25, s. 156 (6).

Registry of businesses

157. (1) A local municipality may establish and maintain a registry of businesses and require a business to which section 150 applies and which is being carried on wholly or partly within the municipality, even if the business is being carried on from a location outside the municipality, to register and maintain its registration in the registry.  2001, c. 25, s. 157 (1).

Exception

(2) Despite subsection (1), a municipality shall not require a business that is licensed, regulated or governed by the municipality under section 150 to register in the registry.  2001, c. 25, s. 157 (2).

Notice

(3) Before passing any by-law under this section the council of the municipality shall, except in the case of emergency,

(a) hold at least one public meeting at which any person who attends has an opportunity to make representation with respect to the matter; and

(b) ensure that notice of the public meeting is given.  2001, c. 25, s. 157 (3).

Special case

(4) If a by-law is passed under this section in the case of an emergency without complying with subsection (3), the council shall, as soon as is practicable after its passage, hold the meeting and give the notice referred to in subsection (3) and may, after that meeting, amend or repeal the by-law without the requirement of a further meeting.  2001, c. 25, s. 157 (4).

Exclusion

(5) This section does not apply to a business described in subsection 150 (7).  2001, c. 25, s. 157 (5).

Scope of power

(6) The power to establish and maintain a registry and to require a business to register and to maintain its registration in the registry includes the power,

(a) to prohibit the carrying on of or engaging in the business unless the business has registered in the registry;

(b) to revoke or suspend a registration;

(c) to require that the business name, ownership, contact information, including address, telephone number and contact name and the type of business be provided;

(d) to require, for both initial and ongoing registration, that any other information for the registry specified in the by-law to be of municipal interest, be provided;

(e) to require, within such time frame as is established by the municipality, updated information for the registry to be provided if the information under clause (c) or (d) changes; and

(f) to exempt any business from all or any part of the by-law.  2001, c. 25, s. 157 (6).

Discretion of council

(7) Subsection 150 (11) applies with the necessary modifications to the exercise of power by council under clause (6) (b).  2001, c. 25, s. 157 (7).

Explanation

(8) A by-law requiring the registration of any business or class of business passed after the date this section comes into force shall include an explanation as to why the municipality is registering that business or class of business.  2001, c. 25, s. 157 (8).

Expiry, amendments

(9) Subsections 150 (13) and (14) apply with the necessary modifications to by-laws requiring the registration of a business.  2001, c. 25, s. 157 (9).

List

158. A municipality shall, before January 1, 2005, establish and shall maintain a list for public inspection indicating,

(a) the classes of business that will be subject to business licensing under this Part, including businesses that are part of a reciprocal licensing arrangement;

(b) the amount of each business licensing fee to be charged to each business in the class;

(c) the cost of administering and enforcing the business licensing by-law with respect to each class of business;

(d) how the amount of the business licensing fee is calculated; and

(e) the classes of business that will be subject to business registration under this Part.  2001, c. 25, s. 158; 2002, c. 17, Sched. A, s. 36.

Delegation

159. (1) A municipality may, with the consent of a police services board, delegate to that board the power to,

(a) license, regulate and govern a business specified in the by-law for all or that part of the municipality over which the police services board has jurisdiction; and

(b) establish a registry and require the registration of a business specified in the by-law for all or that part of the municipality over which the police services board has jurisdiction.  2001, c. 25, s. 159 (1).

Part applies to police services board

(2) This Part applies, with necessary modifications, to a police services board to which the powers under subsection (1) have been delegated.  2001, c. 25, s. 159 (2).

Regulations

160. (1) The Minister may make regulations,

(a) exempting any business or class of business from all or any part of a business licensing by-law under any Act, including self-regulated businesses;

(b) exempting any business or class of business from all or any part of a business registration by-law under any Act;

(c) imposing conditions and limitations on the powers of a municipality under this Part;

(d) prohibiting municipalities from imposing on any business, in respect of which a provincial certificate has been issued, a condition requiring testing on the subject matter of the certification.  2001, c. 25, s. 160 (1).

Scope

(2) A regulation under this section may,

(a) be retroactive for a period not exceeding one year;

(b) require a municipality to return licence fees collected during that period; and

(c) require a municipality to use the licence fees in the prescribed manner.  2001, c. 25, s. 160 (2).

Offence

161. (1) A by-law licensing, regulating and governing an adult entertainment establishment may provide that every person who contravenes the by-law, and every director or officer of a corporation who concurs in the contravention by the corporation, is guilty of an offence and on conviction is liable to a fine not exceeding $25,000 or to imprisonment for a term not exceeding one year, or to both.  2001, c. 25, s. 161 (1).

Same

(2) A business licensing by-law or business registration by-law under this Part, other than a by-law licensing an adult entertainment establishment, may provide that every person who contravenes the by-law, and every director or officer of a corporation who concurs in the contravention by the corporation, is guilty of an offence and on conviction is liable to a fine not exceeding $25,000.  2001, c. 25, s. 161 (2).

Corporation, maximum penalty

(3) Where a corporation is convicted of an offence under subsection (1) or (2), the maximum penalty that may be imposed on the corporation is $50,000 and not as provided in those subsections.  2001, c. 25, s. 161 (3).

Conflicts

162. If there is a conflict between a provision in this Part and a provision of any other Act authorizing a municipality to license a business, the section that is less restrictive of a municipality’s power prevails.  2001, c. 25, s. 162.

Other by-laws

163. Sections 150 to 162 apply, with necessary modifications, to municipalities in the exercise of a power to pass by-laws licensing businesses under any other section of this Act or any other Act.  2001, c. 25, s. 163.

Upper-Tier Municipalities

Upper-tier municipalities of Niagara, Waterloo

164. (1) This section applies only to the upper-tier municipalities of Niagara and Waterloo.  2001, c. 25, s. 164 (1).

Licensing taxicabs, vehicles

(2) The upper-tier municipality has the power and a lower-tier municipality does not have the power to license, regulate and govern owners and drivers of taxicabs, tow trucks, buses and vehicles (other than motor vehicles) used for hire or any class of taxicabs, tow trucks, buses and vehicles for hire.  2001, c. 25, s. 164 (2).

Licensing taxicab brokers, etc.

(3) The upper-tier municipality has the power and a lower-tier municipality does not have the power to license, regulate and govern,

(a) a person who acts as a taxicab broker by accepting calls for taxicabs used for hire and owned by someone other than the person, his or her immediate family or the person’s employer;

(b) salvage shops and salvage yards, including an automobile wrecking yard or premises;

(c) second-hand goods shops; and

(d) dealers in second-hand goods, including persons who go from house to house or along highways to collect, purchase or obtain second-hand goods.  2001, c. 25, s. 164 (3).

Vehicles

(4) A by-law under clause (3) (b), (c) or (d) may apply to a person using a vehicle for any of the purposes mentioned in this section as the agent or employee of another person.  2001, c. 25, s. 164 (4).

Classes

(5) A licence issued under clause (3) (b), (c), or (d) may authorize a person to deal in one or more class of second-hand goods as specified in the licence.  2001, c. 25, s. 164 (5).

Scope

(6) A by-law of the upper-tier municipality under this section may apply to one or more lower-tier municipalities.  2001, c. 25, s. 164 (6).

Report, Waterloo

(7) A lower-tier municipality in The Regional Municipality of Waterloo may by resolution require the upper-tier municipality to investigate an alleged contravention of a licensing by-law passed under this section by the upper-tier municipality and to report to the lower-tier municipality.  2001, c. 25, s. 164 (7).

Definition

(8) In this section,

“second-hand goods” includes waste paper, rags, bottles, bicycles, automobile tires, old metal and other scrap material and salvage.  2001, c. 25, s. 164 (8).

Regional Municipality of York

165. (1) This section applies only to The Regional Municipality of York.  2001, c. 25, s. 165 (1).

Licensing

(2) The upper-tier municipality has the power and a lower-tier municipality does not have the power to license, regulate and govern,

(a) drain contractors, drain layers and persons who install septic tanks or repair or reconstruct drains, remove tree roots or other obstructions from drains and private drain connections; and

(b) plumbing contractors and plumbers certified under the Trades Qualification and Apprenticeship Act to do plumbing work or a person with equivalent qualifications by training or experience.  2001, c. 25, s. 165 (2).

Licensing, septic tank services

(3) The upper-tier municipality may license, regulate and govern persons who carry on the business of providing septic tank cleaning and pumping services.  2001, c. 25, s. 165 (3).

Licensing, lodging houses

(4) The upper-tier municipality may license, regulate and govern lodging houses and the keepers of lodging houses or any class of them.  2001, c. 25, s. 165 (4).

Definition

(5) In subsection (4),

“lodging house” means a nursing home and any house or other building or portion of it in which persons are lodged for hire but does not include a hotel, hospital, nursing home, home for the young or the aged or institution if it is licensed, approved or supervised under any other Act.  2001, c. 25, s. 165 (5).

Restriction

(6) A by-law of an upper-tier municipality under subsection (4) has no force in a lower-tier municipality in which a by-law passed by the lower-tier municipality is in force in respect of the same class of lodging house.  2001, c. 25, s. 165 (6).

Report

(7) A lower-tier municipality may by resolution require the upper-tier municipality to investigate an alleged contravention of a licensing by-law passed under this section and to report to the lower-tier municipality.  2001, c. 25, s. 165 (7).

Group Homes

Group homes

Definition

166. (1) In this section,

“group home” means a residence licensed or funded under a federal or provincial statute for the accommodation of three to ten persons, exclusive of staff, living under supervision in a single housekeeping unit and who, by reason of their emotional, mental, social or physical condition or legal status, require a group living arrangement for their well being.  2001, c. 25, s. 166 (1).

Registration of group homes

(2) A local municipality may pass by-laws,

(a) designating a person as the registrar of group homes;

(b) providing for the registration and the annual renewal of registration, with the registrar, of group homes or such classes thereof as may be set out in the by-law;

(c) prohibiting any person from owning or operating a group home that is not registered in accordance with a by-law passed under this section;

(d) fixing fees for the registration and renewal of registration of group homes; and

(e) authorizing the registrar to register and renew registrations.  2001, c. 25, s. 166 (2).

Duty of registrar

(3) If an application is made to the registrar in the form required by a by-law under subsection (2) for the registration or renewal of registration of a group home, the registrar shall register or renew the registration of the group home.  2001, c. 25, s. 166 (3).

Inspection

(4) Where the registrar has reasonable and probable grounds to believe that a person is operating a group home that is not registered in accordance with a by-law passed under this section, the registrar or a person acting on his or her instructions may, under the authority of a search warrant issued under the Provincial Offences Act, enter and inspect the property for the purpose of determining whether or not the property is being used as a group home.  2001, c. 25, s. 166 (4).

Zoning by-law required

(5) No municipality may pass by-laws under this section unless there is in effect in the municipality a by-law passed under section 34 of the Planning Act that permits the establishment and use of group homes in the municipality.  2001, c. 25, s. 166 (5).

Two-Unit Houses

Registration of residential units in houses

167. (1) In this section,

“residential unit” means a unit that,

(a) consists of a self-contained set of rooms located in a building or structure,

(b) is used as a residential premises,

(c) contains kitchen and bathroom facilities that are used only by the occupants of the unit,

(d) is used as a single housekeeping unit, which includes a unit in which no occupant has exclusive possession of any part of the unit, and

(e) has a means of egress to the outside of the building or structure in which it is located, which may be a means of egress through another residential unit; (“habitation”)

“two-unit house” means a detached house, a semi-detached house or a row house which contains two residential units. (“maison à deux logements”)  2001, c. 25, s. 167 (1).

Registration

(2) A municipality that has the authority to pass by-laws under section 34 of the Planning Act may pass by-laws,

(a) providing for the registration of two-unit houses or such classes of them as may be set out in the by-law and the revocation of registrations; and

(b) appointing a registrar to register two-unit houses in a public register, to revoke registrations and to perform such other duties related thereto as may be set out in the by-law.  2001, c. 25, s. 167 (2).

Content of by-law

(3) A by-law passed under this section may,

(a) prohibit any person from operating or permitting the occupancy of more than one residential unit in a two-unit house unless the house is registered;

(b) specify the standards which must be met to register a two-unit house or any class of two-unit houses;

(c) require such inspections of two-unit houses as are necessary to determine, before registration, if they comply with the standards specified in the by-law;

(d) designate one or more persons as inspectors for the purposes of this section; and

(e) fix fees for the registration and inspection of two-unit houses.  2001, c. 25, s. 167 (3).

Single registration

(4) A two-unit house, once registered, remains registered without payment of any renewal or other fees, unless the registration is revoked.  2001, c. 25, s. 167 (4).

Requirement for standards

(5) The standards specified in the by-law for registration of a two-unit house may only include any combination of standards which apply to the two-unit house at the time of registration and which are prescribed,

(a) in a by-law passed by the municipality, other than a by-law authorized by this section; and

(b) by statute or regulation.  2001, c. 25, s. 167 (5).

Search warrant

(6) Section 49.1 of the Planning Act applies with necessary modifications to an offence alleged to have been committed under a by-law passed under this section.  2001, c. 25, s. 167 (6).

Appeal

(7) The decision of the registrar to refuse or revoke the registration of a two-unit house is subject to an appeal to the Superior Court of Justice and the decision of the court is final.  2001, c. 25, s. 167 (7).

Trailers and Trailer Camps

Trailers

168. (1) A local municipality may license trailers located in the municipality, except in a trailer camp operated or licensed by the municipality, for 30 days or longer in any year and may prohibit such trailers being located in the municipality, except in a trailer camp operated or licensed by the municipality, without a licence.  2001, c. 25, s. 168 (1).

Exception

(2) No by-law passed under this section applies to a trailer when located in the municipality only for the purpose of sale or storage.  2001, c. 25, s. 168 (2).

Licence fees

(3) Licence fees may be charged for every month or portion of a month that the trailer is located in the municipality and the licence fees, except for the first 30 days, may be made payable in advance but no licence fee shall be more than $20 per month.  2001, c. 25, s. 168 (3).

Exception

(4) No licence fee shall be charged in respect of a trailer assessed under the Assessment Act.  2001, c. 25, s. 168 (4).

Definition

(5) In this section,

“trailer” means any vehicle constructed to be attached and propelled by a motor vehicle and that is capable of being used by persons for living, sleeping or eating, even if the vehicle is jacked-up or its running gear is removed.  2001, c. 25, s. 168 (5).

Tourist and trailer camps

169. (1) A local municipality may license, regulate and govern tourist camps and trailer camps.  2001, c. 25, s. 169 (1).

Contents of by-law

(2) A by-law under this section may,

(a) require trailer camps to be divided into lots, each for the occupancy of one trailer;

(b) provide for the issue of licenses for a period of one month or longer to the owner of a trailer camp for each lot to be occupied by a trailer and prohibit the use of any lots for the occupancy of trailers without a licence;

(c) require a licence fee payable by the owner of a trailer camp for each lot and require the fees to be paid in advance.  2001, c. 25, s. 169 (2).

Limitation

(3) If a lot is to be made available only for a trailer that is assessed under the Assessment Act, no licence fee shall be charged by the municipality.  2001, c. 25, s. 169 (3).

Definitions

(4) In this section,

“tourist camp” includes auto camp and land equipped with cabins used for the accommodation of the public and any land used as a camping or parking ground for the public whether or not a fee is charged for the use; (“camp pour touristes”)

“trailer camp” means any land on which a trailer, as defined in section 168, is kept. (“parc à roulottes”)  2001, c. 25, s. 169 (4).

Motor Vehicle Racing

Motor vehicle racing

170. A local municipality may prohibit or license, regulate and govern the racing of motor vehicles and the holding of motor vehicle races.  2001, c. 25, s. 170.

Note: On a day to be named by proclamation of the Lieutenant Governor, Part IV is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 82 and the following substituted:

PART IV
licenCes

Definition

150. In this Part,

“business” means any business wholly or partly carried on within a municipality even if the business is being carried on from a location outside the municipality and includes,

(a) trades and occupations,

(b) exhibitions, concerts, festivals and other organized public amusements held for profit or otherwise,

(c) the sale or hire of goods or services on an intermittent or one-time basis and the activities of a transient trader,

(d) the display of samples, patterns or specimens of goods for the purpose of sale or hire.  2006, c. 32, Sched. A, s. 82.

Powers re licences

151. (1) Without limiting sections 9, 10 and 11, a municipality may provide for a system of licences with respect to a business and may,

(a) prohibit the carrying on or engaging in the business without a licence;

(b) refuse to grant a licence or to revoke or suspend a licence;

(c) impose conditions as a requirement of obtaining, continuing to hold or renewing a licence;

(d) impose special conditions on a business in a class that have not been imposed on all of the businesses in that class in order to obtain, continue to hold or renew a licence;

(e) impose conditions, including special conditions, as a requirement of continuing to hold a licence at any time during the term of the licence;

(f) license, regulate or govern real and personal property used for the business and the persons carrying it on or engaged in it; and

(g) require a person, subject to such conditions as the municipality considers appropriate, to pay an administrative penalty if the municipality is satisfied that the person has failed to comply with any part of a system of licences established by the municipality.  2006, c. 32, Sched. A, s. 82.

Power to suspend a licence

(2) Without limiting sections 9, 10 and 11, for the purpose of clause (1) (b), if a municipality is satisfied that the continuation of a business poses an immediate danger to the health or safety of any person or to any property, the municipality may, for the time and on such conditions as it considers appropriate, without a hearing, suspend a licence subject to the following:

1. Before suspending the licence, the municipality shall provide the licensee with the reasons for the suspension, either orally or in writing, and an opportunity to respond to them.

2. The suspension shall not exceed 14 days.  2006, c. 32, Sched. A, s. 82.

Same

(3) Despite subsection (2) and without limiting sections 9, 10 and 11, for the purpose of clause (1) (b), the municipality may, on such conditions as it considers appropriate, without a hearing, suspend a licence authorizing a business to operate on a highway or other property of the municipality or its local boards for a period not exceeding 28 days for the following reasons:

1. The holding of a special event.

2. The construction, maintenance or repair of the property.

3. The installation, maintenance or repair of a public utility or service.

4. Pedestrian, vehicular or public safety or public health.  2006, c. 32, Sched. A, s. 82.

Exercise of power

(4) The exercise of a power under clause (1) (b), (d), (e) or (g) is in the discretion of the municipality, and the municipality shall exercise its discretion,

(a) upon such grounds as are set out by by-law; or

(b) in the case of a power under clause (1) (b), (d) or (e), upon the grounds that the conduct of any person, including the officers, directors, employees or agents of a corporation, affords reasonable cause to believe that the person will not carry on or engage in the business in accordance with the law or with honesty and integrity.  2006, c. 32, Sched. A, s. 82.

Application re system of licences

(5) Subsections (1) to (4) apply with necessary modifications to a system of licences with respect to any activity, matter or thing for which a by-law may be passed under sections 9, 10 and 11 as if it were a system of licences with respect to a business.  2006, c. 32, Sched. A, s. 82.

Proviso

(6) Nothing in this section authorizes an upper-tier or a lower-tier municipality to pass a business licensing by-law with respect to a business if the other municipality has exclusive authority to pass a business licensing by-law with respect to the business under paragraph 11 of subsection 11 (3).  2006, c. 32, Sched. A, s. 82.

Same

(7) Subsection (6) does not prevent a municipality from providing for a system of licences for a business under any other by-law, other than a business licensing by-law.  2006, c. 32, Sched. A, s. 82. 

Restriction re systems of licences

152. (1) A municipality shall not pass a business licensing by-law providing for a system of licences which makes it illegal for a business listed below to carry on or engage in the business without a licence:

1. A manufacturing or an industrial business, except to the extent that it sells its products or raw material by retail.

2. The sale of goods by wholesale.

3. The generation, exploitation, extraction, harvesting, processing, renewal or transportation of natural resources.  2006, c. 32, Sched. A, s. 82.

Same

(2) Nothing in subsection (1) prevents a municipality from providing for a system of licences for a business under any by-law, other than a business licensing by-law.  2006, c. 32, Sched. A, s. 82.

Limitation re location of business

153. (1) Despite sections 9, 10, 11 and 151, a municipality shall not, except as otherwise provided, refuse to grant a licence for a business under this Act by reason only of the location of the business.  2006, c. 32, Sched. A, s. 82.

Compliance with land use control by-law

(2) Despite subsection (1), a by-law providing for a system of licences for a business may require as a condition of obtaining, continuing to hold or renewing a licence that the business comply with land use control by-laws or requirements under the Planning Act or any other Act.  2006, c. 32, Sched. A, s. 82.

Continuation

(3) Despite subsection (2), a municipality shall not refuse to grant a licence by reason only of the location of the business if the business was being lawfully carried on at that location at the time the by-law requiring the licence came into force so long as it continues to be carried on at that location.  2006, c. 32, Sched. A, s. 82.

Restrictions re adult entertainment establishments

154. (1) Without limiting sections 9, 10 and 11, a local municipality, in a by-law under section 151 with respect to adult entertainment establishments, may,

(a) despite section 153, define the area of the municipality in which adult entertainment establishments may or may not operate and limit the number of adult entertainment establishments in any defined area in which they are permitted; and

(b) prohibit any person carrying on or engaged in an adult entertainment establishment business from permitting any person under the age of 18 years to enter or remain in the adult entertainment establishment or any part of it.  2006, c. 32, Sched. A, s. 82.

Premises

(2) Any premises or any part of them is an adult entertainment establishment if, in the pursuance of a business,

(a) goods, entertainment or services that are designed to appeal to erotic or sexual appetites or inclinations are provided in the premises or part of the premises; or

(b) body-rubs, including the kneading, manipulating, rubbing, massaging, touching or stimulating by any means of a person’s body, are performed, offered or solicited in the premises or part of the premises, excluding premises or part of them where body-rubs performed, offered or solicited are for the purpose of medical or therapeutic treatment and are performed or offered by persons otherwise duly qualified, licensed or registered to do so under a statute of Ontario.  2006, c. 32, Sched. A, s. 82.

Power of entry

(3) Despite subsection 436 (1), a local municipality may exercise its administrative power of entry under section 436 at any time of the day or night to enter an adult entertainment establishment.  2006, c. 32, Sched. A, s. 82.

Evidence rule

(4) For the purpose of a prosecution or proceeding under a by-law with respect to adult entertainment establishments, the holding out to the public that the entertainment or services described in subsection (2) are provided in the premises or any part of them is admissible in evidence as proof, in the absence of evidence to the contrary, that the premises or part of them is an adult entertainment establishment.  2006, c. 32, Sched. A, s. 82.

Licensing tow trucks, etc.

155.  Without limiting sections 9, 10 and 11, a local municipality, in a by-law under section 151 with respect to owners and drivers of tow trucks and vehicles, other than motor vehicles, used for hire, may,

(a) establish the rates or fares to be charged for the conveyance of property or passengers either wholly within the municipality or from any point in the municipality to any point outside the municipality; and

(b) provide for the collection of the rates or fares charged for the conveyance.  2006, c. 32, Sched. A, s. 82.

Licensing taxicabs

156. (1) Without limiting sections 9, 10 and 11, a local municipality, in a by-law under section 151 with respect to the owners and drivers of taxicabs, may,

(a) establish the rates or fares to be charged for the conveyance of property or passengers either wholly within the municipality or from any point in the municipality to any point outside the municipality;

(b) provide for the collection of the rates or fares charged for the conveyance; and

(c) limit the number of taxicabs or any class of them.  2006, c. 32, Sched. A, s. 82.

Restriction

(2) A business licensing by-law of a municipality with respect to the owners and drivers of taxicabs is void to the extent that it restricts, limits or prevents the owners and drivers of taxicabs from engaging in conveyances that meet both of the following criteria:

1. The purpose of the conveyance is to transport persons with physical, emotional or mental disabilities from any point in the municipality to any point outside the municipality.

2. The conveyance is made pursuant to a written contract for the use of a taxicab which can legally operate in the municipality in which the conveyance begins or ends.  2006, c. 32, Sched. A, s. 82.

Airports

(3) A business licensing by-law of a municipality with respect to the owners and drivers of taxicabs does not apply in respect of taxicabs conveying property or passengers from any point within the municipality to an airport situated outside the municipality if,

(a) the airport is owned and operated by the Crown in right of Canada and the taxicab bears a valid and subsisting plate issued in respect of the airport under the Government Airport Concession Operations Regulations made under the Department of Transport Act (Canada); or

(b) the airport is operated by a corporation or other body designated by the Governor in Council as a designated airport authority under the Airport Transfer (Miscellaneous Matters) Act (Canada) and the taxicab bears a valid and subsisting permit or licence issued by the designated airport authority.  2006, c. 32, Sched. A, s. 82.

Mississauga

(4) No business licensing by-law passed by the City of Mississauga with respect to the owners and drivers of taxicabs applies in respect of taxicabs, other than taxicabs licensed by the city, engaged in the conveyance of goods or passengers, if the conveyance commenced at the Lester B. Pearson International Airport.  2006, c. 32, Sched. A, s. 82.

Reciprocal licensing arrangement

157. (1) If a municipality and the police services board of the municipality agree to enforce a by-law providing for a system of licences with respect to a business on behalf of each other or on behalf of another municipality, another police services board or another body performing a public function prescribed by the Minister, the municipality or the police services board, as the case may be, may designate one or more persons as officers to enforce the licensing by-laws.  2006, c. 32, Sched. A, s. 82.

Delegation

(2) A municipality may delegate to another municipality, with the consent of the other municipality, the power to provide for a system of licences with respect to a business specified in the by-law and, for that purpose, sections 9, 10, 11 and 150 to 165 apply with necessary modifications to the other municipality.  2006, c. 32, Sched. A, s. 82.

Regulations

(3) For the purpose of this section, the Minister may prescribe the bodies performing a public function and may impose conditions and limitations on the powers of the municipality to enter into agreements with those bodies.  2006, c. 32, Sched. A, s. 82.

Regulations

158. (1) The Minister may make regulations,

(a) exempting any business or class of business from all or any part of a by-law providing for a system of licences under any Act, including self-regulated businesses;

(b) imposing conditions and limitations on the powers of a municipality under this Act to provide for a system of licences with respect to a business;

(c) prohibiting municipalities from imposing on any business, in respect of which a provincial certificate has been issued, a condition on a licence requiring testing on the subject-matter of the certification.  2006, c. 32, Sched. A, s. 82.

Scope

(2) A regulation under this section may,

(a) be retroactive for a period not exceeding one year;

(b) require a municipality to return licence fees collected during that period; and

(c) require a municipality to use the licence fees in the prescribed manner.  2006, c. 32, Sched. A, s. 82.

Conflicts

159. If there is a conflict between a provision in this Act and a provision of any other Act authorizing a municipality to license a business, the provision that is less restrictive of a municipality’s power prevails.  2006, c. 32, Sched. A, s. 82. 

Other by-laws

160. Sections 9, 10, 11 and 150 to 159 apply, with necessary modifications, to municipalities in the exercise of a power to pass by-laws licensing businesses under any section of this Act or any other Act.  2006, c. 32, Sched. A, s. 82.

Regional Municipality of Waterloo

161. A lower-tier municipality in The Regional Municipality of Waterloo may by resolution require the upper-tier municipality to investigate an alleged contravention of a business licensing by-law of the upper-tier municipality and to report to the lower-tier municipality.  2006, c. 32, Sched. A, s. 82.

Regional Municipality of York

162. (1) A business licensing by-law of The Regional Municipality of York with respect to a lodging house, as defined in section 11.1, has no force in a lower-tier municipality in which a business licensing by-law passed by the lower-tier municipality is in force in respect of the same lodging house.  2006, c. 32, Sched. A, s. 82.

Same

(2) A lower-tier municipality in The Regional Municipality of York may by resolution require the upper-tier municipality to investigate an alleged contravention of a business licensing by-law of the upper-tier municipality and to report to the lower-tier municipality.  2006, c. 32, Sched. A, s. 82.

Restrictions re group homes

163. (1) A municipality shall not pass a business licensing by-law for group homes unless there is in effect in the municipality a by-law passed under section 34 of the Planning Act that permits the establishment and use of group homes in the municipality.  2006, c. 32, Sched. A, s. 82.

Same

(2) A business licensing by-law for group homes may prohibit a person from carrying on the business of a group home without a licence and may provide for the following conditions, but shall not provide for any additional conditions concerning the operation of the group home:

1. The by-law may require the payment of licence fees.

2. The by-law may require a licensee or an applicant for a licence to give the municipality such information as the municipality considers appropriate concerning the business name, ownership and method of contacting the licensee or applicant.  2006, c. 32, Sched. A, s. 82.

Definition

(3) In this section,

“group home” means a residence licensed or funded under a federal or provincial statute for the accommodation of three to 10 persons, exclusive of staff, living under supervision in a single housekeeping unit and who, by reason of their emotional, mental, social or physical condition or legal status, require a group living arrangement for their well being.  2006, c. 32, Sched. A, s. 82.

Trailers

164. (1) Without limiting sections 9, 10 and 11, a local municipality may prohibit or licence trailers located in the municipality.  2006, c. 32, Sched. A, s. 82.

Restriction

(2) If a municipality licenses trailers in the municipality, no licence fee shall be charged in respect of a trailer assessed under the Assessment Act.  2006, c. 32, Sched. A, s. 82.

Restriction, trailer camps

(3) If a municipality licenses trailer camps under a business licensing by-law and imposes a licence fee for each lot in the trailer camp to be occupied by one trailer, no licence fee shall be charged in respect of a lot that is to be made available only for a trailer that is assessed under the Assessment Act.  2006, c. 32, Sched. A, s. 82.

Definitions

(4) In this section,

“trailer” means any vehicle constructed to be attached and propelled by a motor vehicle and that is capable of being used by persons for living, sleeping or eating, even if the vehicle is jacked-up or its running gear is removed; (“roulotte”)

“trailer camp” means any land on which a trailer is kept. (“parc à roulottes”)  2006, c. 32, Sched. A, s. 82.

Motor vehicle racing

165. Without limiting sections 9, 10 and 11, a local municipality may prohibit or license, regulate and govern the racing of motor vehicles and the holding of motor vehicle races.  2006, c. 32, Sched. A, s. 82.

See: 2006, c. 32, Sched. A, ss. 82, 192 (2).

PART V
municipal reorganization

Municipal Restructuring

Purposes

171. (1) The purposes of sections 172 to 179 are,

(a) to provide for a process which allows municipal restructuring to proceed in a timely and efficient manner;

(b) to facilitate municipal restructuring over large geographic areas; and

(c) to facilitate municipal restructuring of a significant nature which may include elimination of a level of municipal government, transfer of municipal powers and responsibilities and changes to municipal representation systems.  2001, c. 25, s. 171 (1).

Interpretation

(2) In sections 172 to 179, a reference to a municipality does not include the cities of Toronto, Hamilton, Ottawa and Greater Sudbury, Haldimand County or Norfolk County or a regional municipality or its lower-tier municipalities except with respect to minor restructuring proposals described in subsection 173 (16).  2001, c. 25, s. 171 (2).

Definitions

172. In sections 171 to 186,

“local body” means, in respect of unorganized territory, a local body as described in the regulations; (“organisme local”)

“resident” means a person who is a permanent resident or a temporary resident having a permanent dwelling within a geographic area and who is a Canadian citizen and is at least 18 years of age; (“résident”)

“restructuring” means,

(a) annexing part of a municipality to another municipality,

(b) annexing a geographic area that does not form part of a municipality to a municipality,

(c) amalgamating a municipality with another municipality,

(d) separating a local municipality from an upper-tier municipality for municipal purposes,

(e) joining a local municipality to an upper-tier municipality for municipal purposes,

(f) dissolving all or part of a municipality, and

(g) incorporating the inhabitants of a geographic area as a municipality. (“restructuration”)  2001, c. 25, s. 172.

Proposal to restructure

173. (1) A municipality or local body in a geographic area may, subject to subsection (2), make a restructuring proposal to restructure municipalities and unorganized territory in the geographic area by submitting to the Minister a restructuring report containing,

(a) a description of the restructuring proposal in a form and in such detail as the Minister may require; and

(b) proof in a form satisfactory to the Minister that,

(i) the restructuring proposal has the prescribed degree of support of the prescribed municipalities and local bodies in the geographic area,

(ii) the support was determined in the prescribed manner,

(iii) the municipalities and local bodies which support the restructuring proposal meet the prescribed criteria, and

(iv) the municipality or local body consulted the public in the required manner.  2001, c. 25, s. 173 (1).

Limitation

(2) A restructuring proposal shall not provide for a type of restructuring other than a prescribed type of restructuring.  2001, c. 25, s. 173 (2).

Consultation

(3) Before the council of a municipality votes on whether to support or oppose a restructuring proposal, the council shall or may, as applicable, do the following things when the proposal is being developed or after it is developed:

1. Council shall consult with the public by giving notice of, and by holding, at least one public meeting.

2. Council shall consult with such persons or bodies as the Minister may prescribe.

3. Council may consult with such other persons and bodies as the municipality considers appropriate.  2001, c. 25, s. 173 (3).

Implementation

(4) The Minister may, by order, implement a restructuring proposal in accordance with the regulations made under subsection (17) if,

(a) the restructuring proposal and report under subsection (1) meet the requirements of this section; and

(b) in the opinion of the Minister, the proposal and report comply with the restructuring principles and standards established under section 179.  2001, c. 25, s. 173 (4).

Amendment of restructuring proposal

(5) After the following requirements are met and despite subsection (4), the Minister may allow a restructuring proposal submitted under subsection (1) to be amended and, if an order implementing the proposal has already been made, the Minister may make another order to implement the amended restructuring proposal:

1. An amended restructuring report setting out the amended restructuring proposal must be submitted to the Minister by one of the municipalities or local bodies entitled to make the original restructuring proposal.

2. The amended restructuring proposal must have the prescribed degree of support of the prescribed municipalities and local bodies in the geographic area whose support was required by subclause (1) (b) (i) for the original restructuring proposal.

3. The amended restructuring proposal must have the prescribed degree of support of the prescribed municipalities and local bodies in the geographic area whose support would be required by subclause (1) (b) (i), if the amended proposal were an original restructuring proposal.

4. The provisions of any order implementing the original restructuring proposal which are to be amended are not in force.  2001, c. 25, s. 173 (5); 2002, c. 17, Sched. A, s. 37.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (5) is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 83 (1) and the following substituted:

Amendment of restructuring proposal

(5) After the following requirements are met and despite subsection (4), the Minister may allow a restructuring proposal submitted under subsection (1) or under subsection 149 (1) of the City of Toronto Act, 2006 to be amended and, if an order implementing the proposal has already been made, the Minister may make another order to implement the amended restructuring proposal:

1. An amended restructuring report setting out the amended restructuring proposal must be submitted to the Minister by one of the municipalities or local bodies entitled to make the original restructuring proposal, other than the City of Toronto.

2. The amended restructuring proposal must have the prescribed degree of support of the prescribed municipalities and local bodies in the geographic area whose support was required for the original restructuring proposal.

3. The amended restructuring proposal must have the prescribed degree of support of the prescribed municipalities and local bodies in the geographic area whose support would be required if the amended proposal were an original restructuring proposal.

4. The provisions of any order implementing the original restructuring proposal which are to be amended are not in force.  2006, c. 32, Sched. A, s  83 (1).

See: 2006, c. 32, Sched. A, ss. 83 (1), 192 (2).

Same

(6) An amended restructuring proposal and report submitted to the Minister under subsection (5) shall be deemed to have been submitted to the Minister under subsection (1) for the purposes of this section.  2001, c. 25, s. 173 (6).

Same

(7) If the Minister makes an order under subsection (4) and then makes another order under subsection (5) implementing an amended restructuring proposal, the second order shall be deemed to have been made under subsection (4) for the purposes of this section.  2001, c. 25, s. 173 (7).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (7) is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 83 (2) and the following substituted:

Same

(7) If the Minister makes an order under subsection (4) or under subsection 149 (4) of the City of Toronto Act, 2006 and then makes another order under subsection (5) implementing an amended restructuring proposal, the second order is deemed to have been made under subsection (4) or under subsection 149 (4) of the City of Toronto Act, 2006, as the case may be, for the purposes of this section.  2006, c. 32, Sched. A, s. 83 (2).

See: 2006, c. 32, Sched. A, ss. 83 (2), 192 (2).

Limitation

(8) The Minister shall not make an order under subsection (4) to implement the restructuring proposal in a geographic area if any part of the geographic area is in a geographic area for which a commission has been established under section 174.  2001, c. 25, s. 173 (8).

Same, restructuring principles and standards

(9) If the Minister is not satisfied that the restructuring proposal and report meet the requirements of this section and comply with the restructuring principles and standards established under section 179, the Minister shall not make an order implementing the proposal and he or she may refer the proposal and report back to the municipality or local body that submitted them for reconsideration.  2001, c. 25, s. 173 (9).

Effect of order

(10) A restructuring proposal and report shall be deemed to comply with the restructuring principles and standards established under section 179 once an order implementing the proposal is made under subsection (4).  2001, c. 25, s. 173 (10).

Filing

(11) The Minister shall,

(a) publish an order under subsection (4) in The Ontario Gazette; and

(b) file a copy of an order under subsection (4) with each municipality to which the order applies.  2001, c. 25, s. 173 (11).

Inspection

(12) Each municipality described in clause (11) (b) shall make the order available for public inspection.  2001, c. 25, s. 173 (12).

Not regulation

(13) An order of the Minister under subsection (4) is not a regulation within the meaning of the Regulations Act.  2001, c. 25, s. 173 (13).

Note: Effective October 19, 2007 or on an earlier day to be named by proclamation of the Lieutenant Governor, subsection (13) is amended by the Statutes of Ontario, 2006, chapter 21, Schedule F, subsection 136 (1) by striking out “the Regulations Act” and substituting “Part III (Regulations) of the Legislation Act, 2006”. See: 2006, c. 21, Sched F, ss. 136 (1), 143 (1).

Regulations

(14) The Minister may make regulations,

(a) in respect of unorganized territory, providing that any body or class of persons is a local body for the purposes of this section;

(b) for the purpose of subsection (1),

(i) establishing types of restructuring,

(ii) providing which municipalities and local bodies may support a restructuring proposal with respect to each type of restructuring,

(iii) providing for the degree of support required to support a restructuring proposal with respect to each type of restructuring,

(iv) providing for the manner of determining the support, and

(v) providing for criteria which must be met by the municipalities and local bodies supporting a restructuring proposal;

(c) providing that a municipality in a geographic area for which a restructuring proposal has been submitted under subsection (1),

(i) shall not exercise a specified power under any Act,

(ii) shall exercise, in the specified manner, a specified power under any Act,

(iii) shall obtain the approval of a person or body specified in the regulation before exercising any of its powers under any Act;

(d) for the purpose of paragraph 2 of subsection (3), prescribing the persons or bodies to be consulted.  2001, c. 25, s. 173 (14).

Differing support requirement

(15) A regulation under subsection (14) may provide for different support requirements for restructuring proposals which are minor and restructuring proposals which are not minor.  2001, c. 25, s. 173 (15).

Minor restructuring proposal

(16) A restructuring proposal is minor if,

(a) the proposal provides for one or more annexations of part of a local municipality to another local municipality and makes any changes to the boundaries of upper-tier municipalities necessary to reflect the annexations;

(b) the proposal does not provide for any type of restructuring other than described in clause (a); and

(c) the Minister, after reviewing the proposal, is of the opinion that it is of a minor nature.  2001, c. 25, s. 173 (16).

Regulations

(17) Despite any Act, the Lieutenant Governor in Council may make regulations setting out the powers that may be exercised by the Minister or a commission established under section 174 in implementing a restructuring proposal.  2001, c. 25, s. 173 (17).

Commission

174. (1) At the request of one of the following, the Minister may establish a commission on or before December 31, 2002 or such later date as the Lieutenant Governor in Council may prescribe, either before or after the December 31, 2002 deadline has passed, to develop a proposal for restructuring municipalities and unorganized territory in a geographic area or in such greater or lesser area as the Minister may prescribe:

1. A municipality in a geographic area.

2. At least 75 residents of the unorganized territory in the geographic area.  2001, c. 25, s. 174 (1).

Restructuring proposal

(2) The commission shall develop a restructuring proposal for the prescribed geographic area or for such part of it as the commission considers advisable.  2001, c. 25, s. 174 (2).

Limitation

(3) A restructuring proposal shall not provide for a type of restructuring other than a prescribed type of restructuring.  2001, c. 25, s. 174 (3).

Consultation

(4) When developing a restructuring proposal, the commission shall consult with each municipality in the prescribed geographic area and with such persons or bodies as the Minister may prescribe and may consult with such other bodies and persons as the commission considers appropriate.  2001, c. 25, s. 174 (4).

Draft proposal

(5) The commission shall prepare a draft of the restructuring proposal and shall give a copy of the draft to each municipality and make it available for inspection by members of the public in the prescribed geographic area.  2001, c. 25, s. 174 (5).

Public meeting

(6) The commission shall hold at least one public meeting at which any person who attends is given an opportunity to make representations about the draft.  2001, c. 25, s. 174 (6).

Written submissions

(7) The commission shall invite written submissions about the draft and shall establish a deadline for receiving them.  2001, c. 25, s. 174 (7).

Inspection

(8) The commission shall make the submissions available for inspection by each municipality and by members of the public in the prescribed geographic area.  2001, c. 25, s. 174 (8).

Notice

(9) The commission shall notify each municipality in the prescribed geographic area of its opportunity to make representations and shall advise them where they can inspect written submissions received by the commission.  2001, c. 25, s. 174 (9).

Notice to the public

(10) The commission shall give notice to the public in the prescribed geographic area advising them of the opportunity,

(a) to inspect the draft;

(b) to make representations at the public meeting and to give written submissions by the deadline; and

(c) to inspect the written submissions received by the commission.  2001, c. 25, s. 174 (10).

Final proposal

(11) After considering the representations and submissions about the draft, the commission shall finalize the restructuring proposal and shall give a copy of it to each municipality in the prescribed geographic area and make it available for inspection by members of the public in the prescribed geographic area.  2001, c. 25, s. 174 (11).

Notice

(12) The commission shall give notice to the public in the prescribed geographic area advising them of the opportunity to inspect the restructuring proposal.  2001, c. 25, s. 174 (12).

Method of giving public notice

(13) The commission shall give notice to the public under this section in a form and manner and at the times that the commission considers adequate to give the public in the prescribed geographic area reasonable notice.  2001, c. 25, s. 174 (13).

Commission orders

175. (1) The commission may make orders to implement a restructuring proposal if the requirements in section 174 have been met and if, in the opinion of the commission, the proposal complies with the restructuring principles and standards established under section 179.  2001, c. 25, s. 175 (1).

Same

(2) For the purposes of implementing a restructuring proposal, the commission has the powers under a regulation made under subsection 173 (17).  2001, c. 25, s. 175 (2).

Effect of order

(3) A restructuring proposal shall be deemed to comply with the restructuring principles and standards established under section 179 once an order implementing the proposal is made under subsection (1).  2001, c. 25, s. 175 (3).

Restriction

(4) The commission shall not finalize the restructuring proposal or make orders to implement it until at least 30 days after the later of,

(a) the day on which the final public meeting about the draft is held; and

(b) the deadline for receiving written submissions about the draft.  2001, c. 25, s. 175 (4).

Publication and filing

(5) The commission shall publish an order in The Ontario Gazette and shall file a copy of the order with each municipality to which the order applies.  2001, c. 25, s. 175 (5).

Inspection

(6) Each municipality described in subsection (5) shall make the order available for public inspection.  2001, c. 25, s. 175 (6).

Not regulation

(7) An order of the commission is not a regulation within the meaning of the Regulations Act.  2001, c. 25, s. 175 (7).

Note: Effective October 19, 2007 or on an earlier day to be named by proclamation of the Lieutenant Governor, subsection (7) is amended by the Statutes of Ontario, 2006, chapter 21, Schedule F, subsection 136 (1) by striking out “the Regulations Act” and substituting “Part III (Regulations) of the Legislation Act, 2006”. See: 2006, c. 21, Sched F, ss. 136 (1), 143 (1).

Regulations

176. The Minister may, for the purposes of sections 174 and 175, make regulations,

(a) establishing a commission;

(b) providing for the composition of the commission, which may be composed of one person;

(c) describing the geographic area for which the commission shall develop a restructuring proposal;

(d) in respect of unorganized territory, providing that any body or class of persons is a local body;

(e) establishing types of restructuring;

(f) authorizing the commission to determine its costs and to apportion the costs among the municipalities and local bodies in the geographic area for which the commission was established;

(g) providing that a municipality in a geographic area for which a commission has been established to develop a restructuring proposal under subsection 174 (1),

(i) shall not exercise a specified power under any Act,

(ii) shall exercise, in the specified manner, a specified power under any Act,

(iii) shall obtain the approval of a person or body specified in the regulation before exercising any of its powers under any Act;

(h) for the purpose of subsection 174 (4), prescribing the persons or bodies to be consulted.  2001, c. 25, s. 176.

Procedures

177. The Minister may require that a commission follow such procedures as the Minister may provide, in addition to the procedures set out in this Part.  2001, c. 25, s. 177.

Note: Effective October 19, 2007 or on an earlier day to be named by proclamation of the Lieutenant Governor, section 177 is amended by the Statutes of Ontario, 2006, chapter 21, Schedule F, subsection 120 (2) by adding the following subsection:

Legislation Act, 2006

(2) Part III (Regulations) of the Legislation Act, 2006 does not apply to procedures established by the Minister under subsection (1).  2006, c. 21, Sched. F, s. 120 (2).

See: 2006, c. 21, Sched. F, ss. 120 (2), 143 (1).

Debt

178. Costs which the commission apportions to a municipality or local body are a debt of the municipality or local body to the Crown.  2001, c. 25, s. 178.

Principles and standards to be considered

179. The Minister may, by regulation, establish restructuring principles and standards,

(a) that relate to restructuring proposals under section 173 or 174; and

(b) that shall be considered by the Ontario Municipal Board when making a decision under section 180, 181 or 182.  2001, c. 25, s. 179.

Incorporation in unorganized territory

180. (1) The Minister, with the approval of the Lieutenant Governor in Council, may apply to the Ontario Municipal Board to incorporate the inhabitants of a geographic area in unorganized territory as a single-tier municipality.  2001, c. 25, s. 180 (1).

Boundaries

(2) The Board may incorporate the geographic area or incorporate a geographic area which is larger or smaller than the geographic area for which the application is made.  2001, c. 25, s. 180 (2).

Overlap

(3) If the geographic area incorporated as a single-tier municipality includes areas in more than one territorial district as set out in the Territorial Division Act, the municipality shall form part of the territorial district specified by the Board.  2001, c. 25, s. 180 (3).

Annexation

181. (1) The Ontario Municipal Board may annex a geographic area in unorganized territory to a local municipality upon the application of,

(a) the local municipality;

(b) the Minister with the approval of the Lieutenant Governor in Council; or

(c) at least 25 residents of the geographic area for which the application is made.  2001, c. 25, s. 181 (1).

Boundaries

(2) The Board may annex a geographic area that is larger or smaller than the geographic area for which the application is made.  2001, c. 25, s. 181 (2).

Dissolution

182. (1) The Minister, with the approval of the Lieutenant Governor in Council, may apply or a single-tier municipality may apply to the Ontario Municipal Board to dissolve all or part of the single-tier municipality in a territorial district as set out in the Territorial Division Act.  2001, c. 25, s. 182 (1).

Powers of Board

(2) Upon an application under subsection (1), the Ontario Municipal Board may,

(a) dissolve all or part of the single-tier municipality;

(b) annex all or part of the single-tier municipality to another municipality; or

(c) do any combination of (a) and (b).  2001, c. 25, s. 182 (2).

Dissolution

(3) The Board may dissolve or annex a geographic area that is larger or smaller or different than the geographic area for which the application is made.  2001, c. 25, s. 182 (3).

Public hearing

183. (1) The Ontario Municipal Board shall hold a public hearing before making an order under section 180, 181 or 182.  2001, c. 25, s. 183 (1).

Powers

(2) In making an order under section 180, 181 or 182, the Board has the same powers as the Minister has in a regulation made under subsection 173 (17) and that regulation applies with necessary modifications to the power being exercised.  2001, c. 25, s. 183 (2).

Annexation

(3) If the Board annexes an area to a local municipality under section 180, 181 or 182, the area forms part of the upper-tier municipality, if any, or territorial district as set out in the Territorial Division Act in which the local municipality is located.  2001, c. 25, s. 183 (3).

No petition

(4) Section 95 of the Ontario Municipal Board Act does not apply to an order of the Board under section 180, 181 or 182.  2001, c. 25, s. 183 (4).

Deferred proceedings

(5) The Minister may notify the Board in writing that in his or her opinion an application to the Board under section 180, 181 or 182 should be deferred and upon so doing all proceedings in the application are stayed until the Minister notifies the Board in writing that they may be continued.  2001, c. 25, s. 183 (5).

Conflicts with official plan

184. A by-law of a municipality approving a restructuring proposal under section 173, requesting the establishment of a commission under section 174 or authorizing an application to the Ontario Municipal Board under section 180, 181 or 182 is not invalid on the ground that it conflicts with an official plan.  2001, c. 25, s. 184.

Transition

185. If, as a result of a restructuring under this Part, all or part of an existing municipality forms part of a new municipality, the council of the existing municipality shall, within that part, continue to have the same powers as it had before the restructuring until the council of the new municipality is organized.  2001, c. 25, s. 185.

Order prevails

186. (1) An order of the Minister under section 173, a commission under section 175 or the Ontario Municipal Board under section 180, 181 or 182,

(a) is conclusive evidence that all conditions precedent to the making of the order have been complied with and that the municipalities have been restructured in accordance with this Act; and

(b) prevails over any Act or regulation, other than sections 171 to 185 or this section, or a regulation made under sections 171 to 185 or this section, with which it conflicts.  2001, c. 25, s. 186 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (b) is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 84 (1) and the following substituted:

(b) prevails over any Act or regulation with which it conflicts except,

(i) this section and regulations made under this section,

(ii) sections 171 to 185, and

(iii) regulations made under sections 171 to 185.

See: 2006, c. 32, Sched. A, ss. 84 (1), 192 (2).

Exception

(2) Despite clause (1) (b), a municipality may exercise its powers under any of the following provisions before or after an order of the Minister under section 173 or an order of a commission under section 175 comes into force, unless the order precludes it expressly or by necessary implication:

1. Section 187 (change of name).

2. Sections 188 to 193 (transfer of powers).

3. Section 216 (dissolution of local boards).

4. Sections 217, 218, 219, 220 and 221 (council composition).

5. Sections 222 and 223 (wards).

6. Any other provision of an Act that provides, expressly or by necessary implication, that the provision or the exercise of power under the provision by a municipality prevails over an order of the Minister under section 173, a commission under section 175 or the Ontario Municipal Board under section 180, 181 or 182.  2001, c. 25, s. 186 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 84 (2) and the following substituted:

Exception

(2) Despite clause (1) (b), a municipality may exercise its powers with respect to any of the following matters before or after an order of the Minister under section 173 or an order of a commission under section 175 comes into force, unless the order precludes it expressly or by necessary implication:

1. Changing the name of the municipality.

2. Transferring powers between upper-tier and lower-tier municipalities.

3. Dissolving or changing local boards.

4. Changing the composition of council.

5. Establishing, changing or dissolving wards.

6. Any other matter dealt with by a provision of an Act that provides, expressly or by necessary implication, that the provision or the exercise of power under the provision by a municipality prevails over an order of the Minister under section 173, a commission under section 175 or the Ontario Municipal Board under section 180, 181 or 182.  2006, c. 32, Sched. A, s. 84 (2).

See: 2006, c. 32, Sched. A, ss. 84 (2), 192 (2).

Exception

(3) Despite clause (1) (b), an order described in subsection (1) does not affect any exemption or partial exemption from taxes or rates or any authority to provide for those exemptions in any Act.  2001, c. 25, s. 186 (3).

Taxes

(4) If, as a result of an order described in subsection (1), an area of a municipality is subject to taxes or rates which do not apply generally across the municipality, section 21 of the Assessment Act applies with respect to those taxes or rates as if the area were the whole municipality.  2001, c. 25, s. 186 (4).

Change of Name

Change of name

187. (1) Despite any Act, a municipality may change its name so long as the new name is not the same as the name of another municipality.  2001, c. 25, s. 187 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 85 and the following substituted:

Change of name

(1) Without limiting sections 9, 10 and 11, those sections authorize a municipality to change its name so long as the new name is not the same as the name of another municipality.  2006, c. 32, Sched. A, s. 85.

See: 2006, c. 32, Sched. A, ss. 85, 192 (2).

Notice to public

(2) Before passing a by-law changing its name, a municipality shall give notice of its intention to pass the by-law and shall hold at least one public meeting to consider the matter.  2001, c. 25, s. 187 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 85 and the following substituted:

Conflict

(2) In the event of a conflict between a by-law described in subsection (1) and any provision of this or any other Act or any regulation made under any other Act, the by-law prevails.  2006, c. 32, Sched. A, s. 85.

See: 2006, c. 32, Sched. A, ss. 85, 192 (2).

Notification

(3) A municipality that passes a by-law changing its name shall send a copy of the by-law to the Director of Titles appointed under the Land Titles Act and to the Minister promptly after its passage.  2001, c. 25, s. 187 (3).

Status unchanged

(4) A by-law changing the name of a municipality does not affect the status of a municipality as an upper-tier municipality, a lower-tier municipality or a single-tier municipality, as the case may be.  2001, c. 25, s. 187 (4).

Rights, obligations not affected

(5) A change in the name of a municipality does not affect its rights or obligations.  2001, c. 25, s. 187 (5).

Transfer of Powers between Tiers

Interpretation

188. (1) In sections 189 to 193,

“elector” means a person whose name appears on the voters’ list, as amended up until the close of voting on voting day, for the last regular election preceding the coming into force of a by-law under section 189 or 191; (“électeur”)

“lower-tier power” means a power a lower-tier municipality or its local boards may exercise under any Act, including any limitations on the power, with respect to the following matters:

1. Waste management.

2. Fire protection and prevention.

3. Public transportation systems, other than highways.

4. Business licensing.

5. Economic development services.

6. Collection, transmission, treatment and disposal of sewage.

7. Production, distribution and supply of water.

8. Policing in accordance with the Police Services Act.

9. Any other matter prescribed by the Minister; (“pouvoir de palier inférieur”)

“upper-tier power” means a power an upper-tier municipality or its local boards may exercise under any Act, including any limitations on the power, with respect to the following matters:

1. Waste collection.

2. Fire protection and prevention.

3. Public transportation systems, other than highways.

4. Business licensing.

5. Economic development services.

6. Any other matter prescribed by the Minister. (“pouvoir de palier supérieur”)  2001, c. 25, s. 188 (1); 2002, c. 17, Sched. A, s. 38.

Conflict

(2) In the event of a conflict between a by-law under clause 189 (1) (a) or 191 (1) (a) and a provision of any Act or regulation, the by-law prevails.  2001, c. 25, s. 188 (2).

Conflict

(3) In the event of a conflict between a regulation under section 193 and a provision of any Act or regulation, the regulation under section 193 prevails.  2001, c. 25, s. 188 (3).

Transfer of power to upper-tier

189. (1) An upper-tier municipality may pass a by-law to provide for,

(a) the transfer of all or part of a lower-tier power to the upper-tier municipality from one or more of its lower-tier municipalities which are specified in the by-law; and

(b) transitional matters to facilitate the assumption of the lower-tier power.  2001, c. 25, s. 189 (1).

Conditions

(2) A by-law under subsection (1) shall not come into force unless,

(a) a majority of all votes on the council of the upper-tier municipality are cast in its favour;

(b) a majority of the councils of all the lower-tier municipalities forming part of the upper-tier municipality for municipal purposes have passed resolutions giving their consent to the by-law; and

(c) the total number of electors in the lower-tier municipalities that have passed resolutions under clause (b) form a majority of all the electors in the upper-tier municipality.  2001, c. 25, s. 189 (2).

No repeal

(3) A provision of a by-law passed under clause (1) (a) shall not be repealed in whole or in part after it comes into force.  2001, c. 25, s. 189 (3).

Exception

(4) Despite subsection (3), if a by-law of an upper-tier municipality passed under subsection (1) is in force, the by-law shall be deemed to be repealed to the extent it conflicts with a by-law of a lower-tier municipality passed under section 191 which comes into force at a later date.  2001, c. 25, s. 189 (4).

Effect of by-law

190. (1) When a by-law passed under section 189 comes into force,

(a) the upper-tier municipality may exercise the transferred lower-tier power of the lower-tier municipalities specified in the by-law;

(b) a lower-tier municipality specified in the by-law and its local boards are bound by the by-law and no longer have the power to exercise the transferred lower-tier power;

(c) an existing by-law or resolution of a lower-tier municipality and its local boards that relate to the transferred lower-tier power shall, to the extent it applies in any part of the lower-tier municipality, be deemed to be a by-law or resolution of the upper-tier municipality; and

(d) the existing by-law or resolution referred to in clause (c) shall remain in force in that part of the lower-tier municipality until the earlier of two years after the transfer by-law comes into force and the day the existing by-law or resolution is repealed by the upper-tier municipality.  2001, c. 25, s. 190 (1).

Continuation of matters

(2) When a lower-tier power is transferred to an upper-tier municipality under section 189, the upper-tier municipality may continue anything that the lower-tier municipality began under the transferred lower-tier power before the transfer but did not complete.  2001, c. 25, s. 190 (2).

Transfer of power to lower-tier

191. (1) A lower-tier municipality may pass a by-law to provide for,

(a) the transfer of all or part of an upper-tier power from its upper-tier municipality to one or more of the lower-tier municipalities forming part of the upper-tier municipality for municipal purposes which are specified in the by-law; and

(b) transitional matters to facilitate the assumption of the upper-tier power.  2001, c. 25, s. 191 (1).

Coming into force

(2) A by-law under subsection (1) shall not come into force unless,

(a) at least half of all the lower-tier municipalities forming part of the upper-tier municipality for municipal purposes, excluding the lower-tier municipality which passed the by-law, have passed resolutions giving their consent to the by-law;

(b) the total number of electors in the lower-tier municipalities which have passed resolutions under clause (a) and in the lower-tier municipality which passed the by-law form a majority of all the electors in the upper-tier municipality; and

(c) the council of the upper-tier municipality has passed a resolution giving its consent to the assumption of the power and a majority of all the votes on the council were cast in favour of the resolution.  2001, c. 25, s. 191 (2).

No repeal

(3) A provision of a by-law passed under clause (1) (a) shall not be repealed in whole or in part after it comes into force.  2001, c. 25, s. 191 (3).

Exception

(4) Despite subsection (3), if a by-law of a lower-tier municipality passed under subsection (1) is in force, the by-law shall be deemed to be repealed to the extent it conflicts with a by-law of an upper-tier municipality passed under section 189 which comes into force at a later date.  2001, c. 25, s. 191 (4).

Effect of by-law

192. (1) When a by-law under section 191 comes into force,

(a) each lower-tier municipality specified in the by-law is bound by the by-law and may exercise the transferred upper-tier power but may do so only for its own purposes;

(b) the upper-tier municipality and its local boards are bound by the by-law and no longer have the power to exercise the transferred upper-tier power in those lower-tier municipalities;

(c) an existing by-law or resolution of an upper-tier municipality and its local boards that relates to the transferred upper-tier power shall, to the extent it applies in any part of a lower-tier municipality specified in the transfer by-law, be deemed to be a by-law or resolution of the lower-tier municipality; and

(d) the existing by-law or resolution referred to in clause (c) shall remain in force in that part of the lower-tier municipality until the earlier of two years after the transfer by-law comes into force and the day the existing by-law or resolution is repealed by the lower-tier municipality.  2001, c. 25, s. 192 (1).

Continuation of matters

(2) When an upper-tier power is transferred to a lower-tier municipality under section 191, the lower-tier municipality may continue anything that the upper-tier municipality began under the transferred upper-tier power before the transfer but did not complete to the extent the thing applies to the lower-tier municipality.  2001, c. 25, s. 192 (2).

Regulations

193. The Minister may make regulations,

(a) prescribing matters which fall within the definition of lower-tier power or upper-tier power in section 188;

(b) providing for the continuation, cessation or amendment of by-laws and resolutions;

(c) imposing conditions and limitations on powers of an upper-tier municipality and lower-tier municipalities under sections 189 and 191;

(d) imposing conditions and limitations on lower-tier powers and upper-tier powers transferred under sections 189 and 191;

(e) providing that any body performing a public function is a local board for the purpose of sections 188 to 192 and this section;

(f) providing for any matter that, in the opinion of the Minister, is necessary or desirable to allow a municipality to which a power has been transferred under section 189 or 191 to exercise the power;

(g) providing for any matter that, in the opinion of the Minister, is necessary or desirable to allow a municipality from which a power has been transferred under section 189 or 191 to exercise its remaining powers;

(h) providing for any transitional matter related to the transfer of a power under sections 189 and 191.  2001, c. 25, s. 193.

Municipal Service Boards

Definitions

194. (1) In this section and in sections 195 to 202,

“municipal service” means, in relation to a municipality,

(a) a municipal system the municipality is authorized to provide under the following spheres of jurisdiction:

1. Public Utilities.

2. Waste Management.

3. Transportation systems, other than highways.

4. Culture, parks, recreation and heritage.

5. Parking, except on highways, and

(b) any other prescribed system of the municipality; (“service municipal”)

Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “municipal service” is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 86 (1).  See: 2006, c. 32, Sched. A, ss. 86 (1), 192 (2).

“municipality” means, in relation to a municipal service board, the municipality of which the board is a local board; (“municipalité”)

“public utility” includes, in relation to a municipality, any system of the municipality, the control and management of which has been given under any Act to a public utilities commission continued by subsection 195 (1). (“service public”)  2001, c. 25, s. 194 (1).

Note:  On a day to be named by proclamation of the Lieutenant Governor, the definition of “public utility” is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 86 (2) by striking out “subsection 195 (1)” and substituting “section 195”.  See:  2006, c. 32, Sched. A, ss. 86 (2), 192 (2).

Regulations

(2) The Minister may make regulations prescribing other systems as municipal services under clause (b) of the definition of “municipal service” in subsection (1).  2001, c. 25, s. 194 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 86 (3).  See: 2006, c. 32, Sched. A, ss. 86 (3), 192 (2).

Municipal service boards

195. (1) A public utility commission established or deemed to have been established under the Public Utilities Act, a parking authority established under paragraph 57 of section 207 of the old Act and a board of park management established under the Public Parks Act, which exist on December 31, 2002, shall be deemed to be municipal service boards established under this section and continue with the same name, composition and service area and have the same powers and the same control and management of the same services as they had on that day.  2001, c. 25, s. 195 (1).

Power to establish boards

(2) A municipality may,

(a) establish a municipal service board;

(b) despite any Act, give control and management of all or part of one or more municipal services to a municipal service board by delegating to the board all or part of the municipality’s powers under any Act related to the municipal services subject to such limits and conditions as the municipality considers appropriate;

(c) provide for the initial name of a municipal service board; and

(d) subject to subsection (3), provide for the initial composition of a municipal service board.  2001, c. 25, s. 195 (2).

Composition

(3) The composition of a municipal service board is subject to the following rules:

1. There shall be a minimum of three members, one of whom shall be the chair.

2. All members shall be appointed by the municipality and shall be qualified to be elected as a member of the council of the municipality.

3. The chair shall be the member designated by the municipality or selected by the members of the board.  2001, c. 25, s. 195 (3).

Term

(4) The term of office of a member of a municipal service board shall be as set out by the municipality in the appointing by-law but shall not extend past the end of the term of office of the appointing council.  2001, c. 25, s. 195 (4).

Same

(5) Despite subsection (4), the members continue to hold office until their successors are appointed.  2001, c. 25, s. 195 (5).

Limitations

(6) Where a by-law under subsection (2) delegates a power to a municipal service board, the power is deemed to be delegated to the board subject to any limits on the power and to any procedural requirements, including conditions, approvals and appeals, which apply to the power.  2001, c. 25, s. 195 (6).

Application

(7) Except as otherwise provided, the following provisions apply with necessary modifications to a municipal service board and its members as if they were the council of a municipality and its members, respectively:

1. Sections 242, 256, 258, subsection 259 (1), sections 260, 264 and 265.

2. Part XIV, except sections 433, 437, 438, 444 and 447.

3. Parts XV and XVI.  2001, c. 25, s. 195 (7).

Restrictions

(8) Despite this section, a municipality shall not dissolve a municipal service board, change the name or composition of a board or remove powers from a board except under section 189, 191 or 216.  2001, c. 25, s. 195 (8).

Transition

(9) Despite subsection (3), if the composition of a public utility commission continued by subsection (1) as the composition of a municipal service board is not in conformity with subsection (3), that composition shall continue until the new council of the municipality following the 2003 regular election is organized and establishes a composition for the board that complies with subsection (3).  2001, c. 25, s. 195 (9).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 195 is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 87 and the following substituted:

Municipal service boards

195. A public utility commission established or deemed to have been established under the Public Utilities Act, a parking authority established under paragraph 57 of section 207 of the old Act and a board of park management established under the Public Parks Act, which exist on December 31, 2002, are deemed to be municipal service boards established under this Act and continue with the same name, composition and service area and have the same powers and the same control and management of the same services as they had on that day.  2006, c. 32, Sched. A, s. 87.

See: 2006, c. 32, Sched. A, ss. 87, 192 (2).

Delegated powers

196. (1) When a municipality has delegated a power to a municipal service board under section 195,

(a) the board may exercise the delegated power;

(b) the municipality no longer has the power to exercise the delegated power; and

(c) an existing by-law or resolution of the municipality that relates to the delegated power shall, to the extent it applies in any part of the municipality, be deemed to be a by-law or resolution of the board.  2001, c. 25, s. 196 (1).

Limitation

(2) Nothing in this section, section 195 or a by-law under section 195,

(a) authorizes a municipal service board to provide for the financing of a municipal service other than by fees and charges under Part XII;

(b) removes the power from the municipality to provide the money required for financing a municipal service as if it had control and management of the municipal service; or

(c) authorizes a municipal service board, without the consent of the municipality,

(i) to exercise any of its powers in any other municipality or in unorganized territory,

(ii) to supply a municipal service to any other municipality or to a person in any other municipality or in unorganized territory,

(iii) to extend, enlarge, improve or alter a municipal service, or

(iv) to sell, lease or otherwise dispose of the whole of a municipal service or all or part of the real or personal property related to the municipal service.  2001, c. 25, s. 196 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 196 is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 87 and the following substituted:

Power to establish municipal service boards

196. (1) Without limiting sections 9, 10 and 11, those sections authorize a municipality to establish a municipal service board and to provide for the following matters:

1. The name, composition, quorum and budgetary process of the board.

2. The eligibility of persons to hold office as board members.

3. The manner of selecting board members, the resignation of members, the determination of when a member’s seat becomes vacant and the filling of vacancies.

4. The term of office and remuneration of board members.

5. The number of votes of the board members.

6. The requirement that the board follow rules, procedures and policies established by the municipality.

7. The relationship between the municipality and the board, including their financial and reporting relationship.  2006, c. 32, Sched. A, s. 87.

Restriction

(2) A municipal service board must be composed of at least two members.  2006, c. 32, Sched. A, s. 87.

Same, election of members

(3) A municipality cannot require any member of a municipal service board to be elected to that office under the Municipal Elections Act, 1996.  2006, c. 32, Sched. A, s. 87.

Same, term of office

(4) The term of office of a member of a municipal service board cannot exceed four years but members may be eligible for appointment for more than one term.  2006, c. 32, Sched. A, s. 87.

Same

(5) Despite subsection (4), the term of office of a member continues until his or her successor becomes a member of the board.  2006, c. 32, Sched. A, s. 87.

Same

(6) Except as otherwise provided by subsections (2) to (4), the following provisions apply with necessary modifications to a municipal service board and its members as if they were council and members of council: section 242, clauses 259 (1) (c) to (h) and sections 260, 264 and 265.  2006, c. 32, Sched. A, s. 87.

See: 2006, c. 32, Sched. A, ss. 87, 192 (2).

Status

197. (1) A municipal service board is a body corporate.  2001, c. 25, s. 197 (1).

Agency

(2) A municipal service board is an agent of the municipality.  2001, c. 25, s. 197 (2).

Assets

(3) If assets related to a municipal service are under the control and management of a municipal service board,

(a) subject to clause (b), the board shall hold the assets in trust for the municipality until the board is dissolved or the control and management of the municipal service is removed from the board; and

(b) if the board is of the opinion it no longer requires an asset for the purposes of the municipal service, the board may, and on request shall, release to the municipality all its interest in the asset.  2001, c. 25, s. 197 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 197 is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 87 and the following substituted:

Status of municipal service boards

197. (1) A municipal service board is a body corporate unless the municipality provides otherwise when establishing the board.  2006, c. 32, Sched. A, s. 87.

Agency

(2) A municipal service board is an agent of the municipality.  2006, c. 32, Sched. A, s. 87.

Local board

(3) A municipal service board is a local board of the municipality for all purposes.  2006, c. 32, Sched. A, s. 87.

Non-application of Corporations Act, etc.

(4) The Corporations Act and the Corporations Information Act do not apply to a municipal service board that is a body corporate.  2006, c. 32, Sched. A, s. 87.

See: 2006, c. 32, Sched. A, ss. 87, 192 (2).

Vacancies

198. (1) If the office of a member of a municipal service board becomes vacant, the board shall,

(a) declare the office to be vacant at its next meeting or, if the vacancy occurs as a result of the death of a member, at either of its next two meetings; and

(b) immediately forward a copy of its declaration to the municipality.  2001, c. 25, s. 198 (1).

Filling vacancy

(2) The municipality shall fill a vacancy by appointing a person who has consented to accept the office if appointed within 60 days after the day the board declares the office to be vacant or, if a court declares the office to be vacant, within 60 days after the day the court makes its declaration.  2001, c. 25, s. 198 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 198 is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 87 and the following substituted:

Functions of municipal service boards

198. (1) A municipality may give a municipal service board the control and management of such services and activities of the municipality as the municipality considers appropriate and shall do so by delegating the powers and duties of the municipality to the board in accordance with this Act.  2006, c. 32, Sched. A, s. 87.

Powers and duties

(2) The following provisions apply with necessary modifications to a municipal service board, except as otherwise provided by by-law:

1. Section 9.

2. Part XIV (Enforcement), except sections 433, 434, 442 and 447.1.

3. Part XV (Municipal Liability).  2006, c. 32, Sched. A, s. 87.

Restriction

(3) A power provided to a municipal service board under subsection (2) is subject to any limits on and duties related to the power and to any procedural requirements, including conditions, approvals and appeals which apply to the power.  2006, c. 32, Sched. A, s. 87.

See: 2006, c. 32, Sched. A, ss. 87, 192 (2).

Quorum

199. A majority of the members of a municipal service board constitutes a quorum.  2001, c. 25, s. 199.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 199 is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 87.  See: 2006, c. 32, Sched. A, ss. 87, 192 (2).

Use of revenues

200. (1) Despite any Act, a municipal service board shall use the revenues generated by a municipal service for the operation and maintenance of the municipal service and for the establishment of reserve funds authorized by the municipality for the purposes of the municipal service.  2001, c. 25, s. 200 (1).

Transfer of surplus

(2) After providing for the expenditures under subsection (1), a board shall, when required by the municipality, pay all or part of the surplus revenues to the municipality and the amount paid forms part of the general funds of the municipality.  2001, c. 25, s. 200 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 200 is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 87.  See: 2006, c. 32, Sched. A, ss. 87, 192 (2).

Information to be provided

201. (1) A board shall, at the times and in the form requested, provide the municipality with information requested by the municipality relating to a municipal service.  2001, c. 25, s. 201 (1).

Public inspection

(2) A municipality shall establish and maintain a list for public inspection of the requirements it has imposed on a municipal service board under subsection (1).  2001, c. 25, s. 201 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 201 is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 87.  See: 2006, c. 32, Sched. A, ss. 87, 192 (2).

Joint municipal service boards

202. (1) Two or more municipalities may enter into agreements to establish a joint municipal service board and to provide for those matters which, in the opinion of the participating municipalities, are necessary or desirable to facilitate the establishment and operation of the joint municipal service board.  2001, c. 25, s. 202 (1).

Same

(2) Different participating municipalities may give control and management of different municipal services to the same joint municipal service board and may give control and management of different aspects of the same municipal service to the same joint municipal service board.  2001, c. 25, s. 202 (2).

Powers, etc.

(3) Subject to subsections (4) and (5), the provisions of this Act that apply to municipal service boards also apply with necessary modifications to joint municipal service boards.  2001, c. 25, s. 202 (3).

Consent required

(4) Except where otherwise specifically provided in any Act, an action of a municipality related to an existing or proposed joint municipal service board is of no effect unless the municipality obtains the consent of all the other participating municipalities of which the board is a local board or will be a local board as a result of the action.  2001, c. 25, s. 202 (4).

Exception

(5) Despite subsection (4), an agreement under subsection (1) may provide for circumstances where the consent of the other participating municipalities is not required under subsection (4) or where only the consent of the municipalities specified in the agreement is required under subsection (4).  2001, c. 25, s. 202 (5).

Powers to Establish Corporations

Regulations re: corporations

203. (1) The Lieutenant Governor in Council may make regulations governing the following activities by a municipality:

1. The incorporation of prescribed corporations.

2. The nomination or authorization of a person to act as an incorporator, director, officer or member of a prescribed corporation.

3. The exercise of any power as a member of a prescribed corporation.

4. The acquisition of an interest in, or guarantee or exercise of any power as a holder of, a prescribed security of a prescribed corporation.  2001, c. 25, s. 203 (1).

Scope

(2) Without limiting subsection (1) a regulation under this section may,

(a) prescribe and define corporations to which this section applies;

(b) prescribe and govern the powers of municipalities in relation to the prescribed corporations, including prescribing the purposes for which the powers may be exercised, imposing conditions and limitations on the powers and prescribing rules in relation to the use of the powers;

(c) govern the prescribed corporations;

(d) prescribe the purposes for which prescribed corporations may carry on business;

(e) impose conditions and rules applicable to prescribed corporations and to the directors and officers of prescribed corporations;

(f) prescribe securities for the purpose of paragraph 4 of subsection (1) and prescribe rules that apply to those securities;

(g) provide that prescribed corporations are or are not local boards or, if the definition of “municipality” in any Act includes local boards, are or are not local boards that fall within that definition, or are or are not operating public utilities for the purpose of any Act or any specified provision of any Act, with such modifications as may be prescribed;

(h) exempt a municipality from the application of sections 106 and 268 with respect to prescribed corporations;

(i) provide for any transitional matters related to the exercise by a municipality or prescribed corporations of powers under this section.  2001, c. 25, s. 203 (2); 2002, c. 17, Sched. A, s. 39.

Conflicts

(3) If there is a conflict between a regulation under this section and a provision of any Act or regulation under any Act, other than this section, the regulation under this section prevails.  2001, c. 25, s. 203 (3).

Exceptions

(4) A regulation under this section does not apply to a corporation incorporated under section 142 of the Electricity Act, 1998, section 13 of the Housing Development Act, sections 108 and 109 of this Act, a local housing corporation under Part III of the Social Housing Reform Act, 2000 or any other corporation a municipality is expressly authorized to incorporate, establish or control under any Act.  2001, c. 25, s. 203 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 203 is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 88 and the following substituted:

Powers to Establish Corporations

Power to establish corporations

203. (1) Without limiting sections 9, 10 and 11, those sections authorize a municipality to do the following things in accordance with such conditions and restrictions as may be prescribed:

1. To establish corporations.

2. To nominate or authorize a person to act as an incorporator, director, officer or member of a corporation.

3. To exercise any power as a member of a corporation.

4. To acquire an interest in or to guarantee such securities issued by a corporation as may be prescribed.

5. To exercise any power as the holder of such securities issued by a corporation as may be prescribed.  2006, c. 32, Sched. A, s. 88.

Duties of corporations, etc.

(2) A corporation established by a municipality and the directors and officers of the corporation shall comply with such requirements as may be prescribed.  2006, c. 32, Sched. A, s. 88.

Exceptions

(3) This section does not apply with respect to a corporation established under section 142 of the Electricity Act, 1998, a corporation established under section 13 of the Housing Development Act, a local housing corporation established under Part III of the Social Housing Reform Act, 2000 or any other corporation that a municipality is expressly authorized under any other Act to establish or control.  2006, c. 32, Sched. A, s. 88.

Regulations

(4) The Lieutenant Governor in Council may make regulations governing the powers of a municipality under this section and governing the corporations established under this section, including regulations,

(a) prescribing the purposes for which a municipality may exercise its powers referred to in this section and imposing conditions and restrictions on the use of those powers;

(b) prescribing the purposes for which a corporation may carry on business or engage in activities;

(c) prescribing securities for the purposes of paragraphs 4 and 5 of subsection (1);

(d) imposing conditions and requirements that apply to a corporation and its directors and officers;

(e) providing that specified corporations are deemed to be or are deemed not to be local boards for the purposes of any provision of this Act or for the purposes of the definition of “municipality” in such other Acts as may be specified;

(f) providing that specified corporations are deemed for the purposes of any Act or specified provisions of an Act not to be operating a public utility in such circumstances as may be prescribed;

(g) exempting a municipality from the application of section 106 with respect to specified corporations;

(h) providing for transitional matters relating to a municipality’s exercise of its powers under section 106 or relating to a specified corporation’s exercise of its powers.  2006, c. 32, Sched. A, s. 88.

Conflict

(5) If there is a conflict between a regulation made under this section and a provision of this Act, other than this section, or of any other Act or regulation, the regulation made under this section prevails.  2006, c. 32, Sched. A, s. 88.

See: 2006, c. 32, Sched. A, ss. 88, 192 (2).

Business Improvement Areas

Designation of improvement area

204. (1) A local municipality may designate an area as an improvement area and may establish a board of management,

(a) to oversee the improvement, beautification and maintenance of municipally-owned land, buildings and structures in the area beyond that provided at the expense of the municipality generally; and

(b) to promote the area as a business or shopping area.  2001, c. 25, s. 204 (1).

Corporation

(2) A board of management is a corporation consisting of the number of directors established by the municipality.  2001, c. 25, s. 204 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 204 is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 89 by adding the following subsection:

Local board status

(2.1) A board of management is a local board of the municipality for all purposes.  2006, c. 32, Sched. A, s. 89.

See: 2006, c. 32, Sched. A, ss. 89, 192 (2).

Composition

(3) A board of management shall be composed of,

(a) one or more directors appointed directly by the municipality; and

(b) the remaining directors selected by a vote of the membership of the improvement area and appointed by the municipality.  2001, c. 25, s. 204 (3).

Membership

(4) Members of an improvement area consist of persons who are assessed, on the last returned assessment roll, with respect to rateable property in the area that is in a prescribed business property class and tenants of such property.  2001, c. 25, s. 204 (4).

Determining tenancy

(5) In determining whether a person is a tenant or not, the clerk of the municipality may accept a list provided under clause 210 (2) (b) or the declaration of a person that the person is a tenant and the determination of the clerk is final.  2001, c. 25, s. 204 (5).

One vote

(6) Each member of an improvement area has one vote regardless of the number of properties that the member may own or lease in the improvement area.  2001, c. 25, s. 204 (6).

Nominee

(7) A corporate member of an improvement area may nominate in writing one individual to vote on behalf of the corporation.  2001, c. 25, s. 204 (7).

Joint nominee

(8) Subject to subsection (6), one individual may be nominated for voting purposes by two or more corporations that are members of an improvement area.  2001, c. 25, s. 204 (8).

Refusal to appoint

(9) The municipality may refuse to appoint a person selected by the members of an improvement area, in which case the municipality may leave the position vacant or direct that a meeting of the members of the improvement area be held to elect or select another candidate for the municipality’s consideration.  2001, c. 25, s. 204 (9).

Term

(10) The term of the directors of a board of management is the same as the term of the council that appointed them but continues until their successors are appointed.  2001, c. 25, s. 204 (10).

Reappointment

(11) Directors are eligible for reappointment.  2001, c. 25, s. 204 (11).

Vacancies

(12) Subject to subsection (9), if a vacancy occurs for any cause, the municipality may appoint a person to fill the vacancy for the unexpired portion of the term and the appointed person is not required to be a member of the improvement area.  2001, c. 25, s. 204 (12).

Budget

205. (1) A board of management shall prepare a proposed budget for each fiscal year by the date and in the form required by the municipality and shall hold one or more meetings of the members of the improvement area for discussion of the proposed budget.  2002, c. 17, Sched. A, s. 40 (1).

Council to approve

(2) A board of management shall submit the budget to council by the date and in the form required by the municipality and the municipality may approve it in whole or in part but may not add expenditures to it.  2001, c. 25, s. 205 (2); 2002, c. 17, Sched. A, s. 40 (2).

Limitations

(3) A board of management shall not,

(a) spend any money unless it is included in the budget approved by the municipality or in a reserve fund established under section 417;

(b) incur any indebtedness extending beyond the current year without the prior approval of the municipality; or

(c) borrow money.  2001, c. 25, s. 205 (3).

Limitations on power

(4) Section 65 of the Ontario Municipal Board Act and section 401 of this Act apply to the municipality’s approval under clause (3) (b) in the same manner as if it were incurring a debt of the municipality.  2001, c. 25, s. 205 (4).

Notice

206. A board of management shall give reasonable notice to the general membership of the improvement area of a meeting to hold a vote under clause 204 (3) (b) or for the purposes of a discussion under subsection 205 (1).  2001, c. 25, s. 206; 2002, c. 17, Sched. A, s. 41.

Annual report

207. (1) A board of management shall submit its annual report for the preceding year to council by the date and in the form required by the municipality and the report shall include audited financial statements.  2001, c. 25, s. 207 (1).

Auditor

(2) The municipal auditor is the auditor of each board of management and may inspect all records of the board.  2001, c. 25, s. 207 (2).

Funds to be raised

208. (1) The municipality shall annually raise the amount required for the purposes of a board of management, including any interest payable by the municipality on money borrowed by it for the purposes of the board of management.  2001, c. 25, s. 208 (1).

Special charge

(2) The municipality may establish a special charge for the amount referred to in subsection (1),

(a) by levy upon rateable property in the improvement area that is in a prescribed business property class; or

(b) by levy upon rateable property in the improvement area that is in a prescribed business property class and that, in council’s opinion, derives special benefit from the improvement area, which levy may be calculated using different percentages of the assessment for one or more separately assessed properties or categories of separately assessed properties in the prescribed class if the resulting levy is equitable in accordance with the benefits that, in council’s opinion, accrue to the properties from the activities related to the improvement area.  2001, c. 25, s. 208 (2).

Minimum and maximum charges

(3) The municipality may establish a minimum or maximum charge or both, expressed for one or more separately assessed properties or categories of separately assessed properties in a prescribed class, as,

(a) percentages of the assessed value of rateable property in the improvement area that is in a prescribed business property class;

(b) dollar amounts; or

(c) percentages of the board of management’s annual budget.  2001, c. 25, s. 208 (3).

Effect of by-law

(4) When a by-law under subsection (3) is in force,

(a) the amount of a charge levied in a year under subsection (2) shall not, when calculated for the individual property in the prescribed class to which it applies, be less than or greater than the amount of the applicable minimum and maximum charge for the property established under the by-law; and

(b) if necessary for a fiscal year to raise the amount referred to in subsection (1) because a minimum or maximum charge applies to one or more separately assessed properties or categories of separately assessed properties in the prescribed class, the municipality shall for the year adjust any charges applicable to the remaining individual properties or subclasses of properties in the prescribed class by adjusting the percentage or percentages of assessment established under subsection (2) for those properties.  2001, c. 25, s. 208 (4).

Exclusion

(5) Section 210 does not apply to an adjustment made under clause (4) (b).  2001, c. 25, s. 208 (5).

Borrowings

(6) If only a part of money borrowed by the municipality in any year for the purposes of a board of management is required to be repaid in that year or a subsequent year, only that part and any interest payable on the total amount shall be included in the levies under this section in that year or subsequent year, respectively.  2001, c. 25, s. 208 (6).

Priority lien status

(7) Charges levied under this section shall have priority lien status and shall be added to the tax roll.  2002, c. 17, Sched. A, s. 42.

Changes to boundary

209. The municipality may alter the boundaries of an improvement area and the board of management for that improvement area is continued as the board of management for the altered area.  2001, c. 25, s. 209.

Notice

210. (1) Before passing a by-law under subsection 204 (1), clause 208 (2) (b), subsection 208 (3) or section 209, notice of the proposed by-law shall be sent by prepaid mail to the board of management of the improvement area, if any, and to every person who, on the last returned assessment roll, is assessed for rateable property that is in a prescribed business property class which is located,

(a) where the improvement area already exists, in the improvement area and in any geographic area the proposed by-law would add to the improvement area; and

(b) where a new improvement area would be created by the proposed by-law, in the proposed improvement area.  2001, c. 25, s. 210 (1).

When notice received

(2) A person who receives a notice under subsection (1) shall, within 30 days after the notice is mailed,

(a) give a copy of the notice to each tenant of the property to which the notice relates who is required to pay all or part of the taxes on the property; and

(b) give the clerk of the municipality a list of every tenant described in clause (a) and the share of the taxes that each tenant is required to pay and the share that the person is required to pay.  2001, c. 25, s. 210 (2).

Objections

(3) A municipality shall not pass a by-law referred to in subsection (1) if,

(a) written objections are received by the clerk of the municipality within 60 days after the last day of mailing of the notices;

(b) the objections have been signed by at least one-third of the total number of persons entitled to notice under subsection (1) and under clause (2) (a); and

(c) the objectors are responsible for,

(i) in the case of a proposed addition to an existing improvement area,

(A) at least one-third of the taxes levied for purposes of the general local municipality levy on rateable property in all prescribed business property classes in the improvement area, or

(B) at least one-third of the taxes levied for purposes of the general local municipality levy on rateable property in all prescribed business property classes in the geographic area the proposed by-law would add to the existing improvement area, or

(ii) in all other cases, at least one-third of the taxes levied for purposes of the general local municipality levy on rateable property in all prescribed business property classes in the improvement area.  2001, c. 25, s. 210 (3).

Withdrawal of objections

(4) If sufficient objections are withdrawn in writing within the 60-day period referred to in clause (3) (a) so that the conditions set out in clause (3) (b) or (c) no longer apply, the municipality may pass the by-law.  2001, c. 25, s. 210 (4).

Determination by clerk

(5) The clerk shall determine whether the conditions set out in subsection (3) have been met and, if they are, shall issue a certificate affirming that fact.  2001, c. 25, s. 210 (5).

Determination final

(6) The determination by the clerk is final.  2001, c. 25, s. 210 (6).

Repeal of by-law

211. (1) Council shall give notice in accordance with subsection 210 (1) of a proposed by-law to repeal a by-law under subsection 204 (1) if the municipality has received,

(a) a resolution from the board of management requesting the repeal; or

(b) a request for the repeal signed by persons who are responsible for at least one-third of the taxes levied for purposes of the general local municipality levy on rateable property in all prescribed business property classes in the improvement area.  2001, c. 25, s. 211 (1).

Statement

(2) A person signing a request under clause (1) (b) shall state what amount of taxes on rateable property in the area that the person is required to pay.  2001, c. 25, s. 211 (2).

Time

(3) Council shall give the notice within 60 days after receiving the resolution or request.  2001, c. 25, s. 211 (3).

Repeal

(4) Council shall repeal the by-law under subsection 204 (1) if requests for the repeal are received by the clerk of the municipality within 60 days after the last day of mailing of the notices and,

(a) the requests have been signed by at least one-half of the total number of persons entitled to notice under subsection 210 (1) and under clause 210 (2) (a); and

(b) those who have signed the requests are responsible for at least 50 per cent of the taxes levied for purposes of the general local municipality levy on rateable property in all prescribed business property classes in the improvement area.  2001, c. 25, s. 211 (4).

Timing

(5) The repealing by-law must come into force on or before December 31 of the year in which it is passed.  2001, c. 25, s. 211 (5).

Requests withdrawn

(6) If sufficient requests are withdrawn in writing within the 60-day period referred to in subsection (4) so that either condition set out in that subsection no longer applies, the municipality is not required to repeal the by-law.  2001, c. 25, s. 211 (6).

Determination by clerk

(7) The clerk shall determine whether the conditions set out in clause (1) (b) and subsection (4) have been met and, if so, shall issue a certificate affirming that fact.  2001, c. 25, s. 211 (7).

Determination final

(8) The determination by the clerk is final.  2001, c. 25, s. 211 (8).

Restriction

(9) If the conditions of subsection (4) are not satisfied, council is not required to give notice under subsection (1) in response to a resolution or request for a period of two years after the last mailing of the notices.  2001, c. 25, s. 211 (9).

Non-application

(10) No requirement under this section or under section 210 applies to the repeal by a municipality on its own initiative of a by-law under subsection 204 (1).  2001, c. 25, s. 211 (10).

Effect of by-law

212. A by-law passed under subsection 204 (1), subsection 208 (2) or (3), section 209 or subsection 211 (4) is not invalid by reason only that,

(a) a person required to give a copy of a notice to a tenant or other information to the municipality under subsection 210 (2) has not done so;

(b) the objections referred to in clause 210 (3) (b) have not been signed by at least one-third of the total number of persons entitled to receive notice under subsections 210 (1) and (2) because a person required to give a copy of the notice under subsection 210 (2) has not done so; or

(c) the requests referred to in clause 211 (4) (a) have not been signed by at least one-half of the total number of persons entitled to notice under subsections 210 (1) and (2) because a person required to give a copy of the notice under subsection 210 (2) has not done so.  2001, c. 25, s. 212.

Tenants

213. For the purposes of clauses 210 (3) (c) and 211 (1) (b), subsection 211 (2) and clause 211 (4) (b), a tenant shall be deemed to be responsible for the part of the taxes that the tenant is required to pay under the tenant’s lease or under sections 367 and 368.  2001, c. 25, s. 213.

Dissolution of board

214. (1) Upon the repeal of a by-law under subsection 204 (1), the board of management is dissolved and the assets and liabilities of the board become the assets and liabilities of the municipality.  2001, c. 25, s. 214 (1).

Liabilities exceed assets

(2) If the liabilities assumed under subsection (1) exceed the assets assumed, the council may recover the difference by imposing a charge on all rateable property in the former improvement area that is in a prescribed business property class.  2001, c. 25, s. 214 (2).

Regulations

215. The Minister may make regulations prescribing one or more classes of real property prescribed under the Assessment Act as business property classes for the purposes of sections 204 to 214.  2001, c. 25, s. 215.

Dissolution of Local Boards

Dissolution of local boards

Definition

216. (1) In this section,

“local board” includes any body performing any public function prescribed by regulation but does not include a police services board.  2001, c. 25, s. 216 (1).

Dissolution

(2) Despite any Act, if a local board is a local board of a single municipality, the municipality may by by-law dissolve or make prescribed changes to the local board.  2001, c. 25, s. 216 (2).

Joint local boards

(3) Despite any Act, if a local board is a local board of two or more municipalities, any of the municipalities may pass a by-law to dissolve or make prescribed changes to the local board.  2001, c. 25, s. 216 (3).

Restriction

(4) Before passing a by-law under this section, the municipality shall give notice of its intention to pass the by-law to the local board.  2001, c. 25, s. 216 (4).

Coming into force

(5) A by-law under subsection (3) does not come into force until at least half of the municipalities, excluding the municipality which passed the by-law, have passed a resolution giving their approval to the by-law.  2001, c. 25, s. 216 (5).

Amendments, repeal

(6) When a by-law under subsection (3) comes into force, the by-law shall be deemed to be a by-law passed under subsection (3) by each of the municipalities and may only be amended or repealed by a by-law passed in accordance with subsections (3) and (5).  2001, c. 25, s. 216 (6).

Regulations

(7) For the purposes of this section, the Minister may, despite any Act, make regulations,

(a) providing that any body performing any public function is a local board;

(b) providing that a local board is a local board of the municipality specified in the regulation;

(c) prescribing changes that may be made to a local board;

(d) providing that a municipality does not have the power to dissolve or make a prescribed change to a local board specified in the regulation;

(e) imposing conditions and limitations on the powers of a municipality under this section;

(f) providing that, for the purposes specified in the regulation, a municipality shall be deemed to be a local board of the type dissolved or changed under this section;

(g) providing that, for the purposes specified in the regulation, a municipality shall stand in the place of a local board dissolved or changed under this section;

(h) providing for matters that, in the opinion of the Minister, are necessary or desirable to allow the council of a municipality to act as a local board, to exercise the powers of a local board or to stand in the place of a local board for any purpose;

(i) providing that the provisions of any Act specified in the regulation do not apply to the council of a municipality acting as a local board, exercising the powers of a local board or standing in the place of a local board for any purpose;

(j) providing for the continuation, cessation or amendment of any or all by-laws and resolutions of a local board which is dissolved or changed under this section;

(k) providing that a municipality or local board pay money to another municipality or local board;

(l) providing for transitional matters related to a dissolution of or change to a local board under this section.  2001, c. 25, s. 216 (7).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 216 is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 90 and the following substituted:

Dissolution and Change of Local Boards

Power to dissolve or change local boards

216. (1) Without limiting sections 9, 10 and 11, those sections authorize a municipality to dissolve or change a local board.  2006, c. 32, Sched. A, s. 90.

Conflict

(2) In the event of a conflict between a by-law described in subsection (1) and any provision of this or any other Act, excluding this section and sections 194 to 202, or in the event of a conflict with a regulation made under any other Act, the by-law prevails.  2006, c. 32, Sched. A, s. 90.

Restriction

(3) Despite subsection (1), a municipality shall not, in accordance with subsection (1), dissolve or change a local board that is,

(a) a society as defined in subsection 3 (1) of the Child and Family Services Act;

(b) a board of health as defined in subsection 1 (1) of the Health Protection and Promotion Act;

(c) a committee of management established under the Homes for the Aged and Rest Homes Act;

Note:  On a day to be named by proclamation of the Lieutenant Governor, subsection (3) is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 91 (2) by adding the following clause:

(c.1)  an appeal body established under section 8.1 of the Planning Act;

See:  2006, c. 32, Sched. A, ss. 91 (2), 192 (2).

(d) a police services board established under the Police Services Act;

(e) a board as defined in section 1 of the Public Libraries Act;

(f) a corporation established in accordance with section 203;

(g) such other local boards as may be prescribed.  2006, c. 32, Sched. A, s. 90.

Exception, City of Greater Sudbury

(4) Despite subsection (3), the City of Greater Sudbury may, in accordance with subsection (1), change the number of members it appoints as its representatives on the board of health of the Sudbury and District Health Unit, subject to the following rules:

1. The number shall not be smaller than two or larger than seven.

2. At least one of the members shall also be a member of the council of the City.

3. At least one of the members shall not be a member of the council of the City.  2006, c. 32, Sched. A, s. 90.

Scope of power to change a local board

(5) Without limiting sections 9, 10 and 11, the power of a municipality to change a local board under those sections includes the power to pass by-laws with respect to,

(a) the matters described in paragraphs 1 to 7 of subsection 196 (1), subject to the restrictions set out in section 196;

(b) the assumption of a power or duty of the board, but if the power or duty was delegated to the board by the municipality, the municipality cannot assume the power or duty if it cannot revoke the delegation;

(c) the delegation of a power or duty to the board to the extent authorized under this Act;

(d) the restriction or expansion of the mandate of the board.  2006, c. 32, Sched. A, s. 90.

Dissolution, etc., of joint board

(6) If a municipality passes a by-law in accordance with subsection (1) to dissolve or change a local board which is a local board of the municipality and one or more other municipalities,

(a) the by-law does not come into force until at least half of the municipalities, excluding the municipality that passed the by-law, have passed a resolution giving their approval to the by-law; and

(b) when the by-law comes into force, the by-law is deemed to be a by-law passed by each of the municipalities of which the board is a local board.  2006, c. 32, Sched. A, s. 90.

Regulations

(7) For the purposes of this section, the Minister may, despite any Act, make regulations,

(a) providing that any body performing any public function is a local board;

(b) providing that a local board is a local board of the municipality specified in the regulation;

(c) providing that a municipality does not have the power to dissolve or make a prescribed change to a local board specified in the regulation;

(d) imposing conditions and limitations on the powers of a municipality under this section;

(e) providing that, for the purposes specified in the regulation, a municipality is deemed to be a local board of the type dissolved or changed under this section;

(f) providing that, for the purposes specified in the regulation, a municipality shall stand in the place of a local board dissolved or changed under this section;

(g) providing for matters that, in the opinion of the Minister, are necessary or desirable to allow the council of a municipality to act as a local board, to exercise the powers of a local board or to stand in the place of a local board for any purpose;

(h) providing that the provisions of any Act specified in the regulation do not apply to the council of a municipality acting as a local board, exercising the powers of a local board or standing in the place of a local board for any purpose;

(i) providing for the continuation, cessation or amendment of any or all by-laws and resolutions of a local board which is dissolved or changed under this section;

(j) providing that a municipality or local board pay money to each other or to another municipality or local board;

(k) providing for transitional matters related to a dissolution of or change to a local board under this section.  2006, c. 32, Sched. A, s. 90.

See: 2006, c. 32, Sched. A, ss. 90, 192 (2).

Changes to Council

Composition of council of local municipality

217. (1) A local municipality may change the composition of its council subject to the following rules:

Note:  On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 92 (1) by striking out the portion before paragraph 1 and substituting the following:

Composition of council of local municipality

(1) Without limiting sections 9, 10 and 11, those sections authorize a local municipality to change the composition of its council subject to the following rules:

See:  2006, c. 32, Sched. A, ss. 92 (1), 192 (2).

1. There shall be a minimum of five members, one of whom shall be the head of council.

2. The members of council shall be elected in accordance with the Municipal Elections Act, 1996.

3. The head of council shall be elected by general vote.

4. The members, other than the head of council, shall be elected by general vote or wards or by any combination of general vote and wards.

5. The representation of a local municipality on the council of an upper-tier municipality shall not be affected by the by-law of the local municipality under this section.  2001, c. 25, s. 217 (1).

Notice

(2) Before passing a by-law under this section, the municipality shall give notice of its intention to pass the by-law and shall hold at least one public meeting to consider the matter.  2001, c. 25, s. 217 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 92 (2).  See: 2006, c. 32, Sched. A, ss. 92 (2), 192 (2).

Coming into force

(3) A by-law under this section does not come into force until the day the new council is organized,

Note:  On a day to be named by proclamation of the Lieutenant Governor, subsection (3) is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 92 (3) by striking out “under this section” in the portion before clause (a) and substituting “described in this section”.  See:  2006, c. 32, Sched. A, ss. 92 (3), 192 (2).

(a) after the first regular election following the passing of the by-law; or

(b) if the by-law is passed in the year of a regular election before voting day, after the second regular election following the passing of the by-law.  2001, c. 25, s. 217 (3).

Election

(4) The regular election held immediately before the coming into force of a by-law passed under this section shall be conducted as if the by-law was already in force.  2001, c. 25, s. 217 (4).

Note:  On a day to be named by proclamation of the Lieutenant Governor, subsection (4) is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 92 (4) by striking out “passed under this section” and substituting “described in this section”.  See:  2006, c. 32, Sched. A, ss. 92 (4), 192 (2).

Term unaffected

(5) Nothing in this section authorizes a change in the term of office of a member of council.  2001, c. 25, s. 217 (5).

Composition of upper-tier council

218. (1) An upper-tier municipality may change the composition of its council subject to the following rules:

Note:  On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 93 (1) by striking out the portion before paragraph 1 and substituting the following:

Composition of upper-tier council

(1) Without limiting sections 9, 10 and 11, those sections authorize an upper-tier municipality to change the composition of its council subject to the following rules:

See:  2006, c. 32, Sched. A, ss. 93 (1), 192 (2).

1. There shall be a minimum of five members, one of whom shall be the head of council.

2. The head of council shall be elected by general vote, in accordance with the Municipal Elections Act, 1996, or shall be appointed by the members of council.

3. The members of council, except the head of council, shall be elected in accordance with the Municipal Elections Act, 1996 to the upper-tier council or to the council of one of its lower-tier municipalities.

4. The head of council shall be qualified to be elected as a member of council of the upper-tier municipality.

5. If the members of council are directly elected to the upper-tier council and not to the council of a lower-tier municipality, the members shall be elected by general vote or wards or by any combination of general vote and wards.

6. Each lower-tier municipality shall be represented on the upper-tier council.  2001, c. 25, s. 218 (1).

Types of changes

(2) Without restricting the generality of subsection (1), the power to change the composition of council under subsection (1) includes the power to,

Note:  On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 93 (2) by striking out the portion before clause (a) and substituting the following:

Types of changes

(2) Without limiting sections 9, 10 and 11, the power to change the composition of council includes the power to,

See:  2006, c. 32, Sched. A, ss. 93 (2), 192 (2).

(a) change the size of council;

(b) change the method of selecting members of the council, including having members directly elected to the upper-tier council and not to the council of a lower-tier municipality, members elected to serve on both the upper-tier and lower-tier councils or members elected to the lower-tier councils and appointed to the upper-tier council by the lower-tier municipalities, or a combination of methods of election;

(c) have a member representing more than one lower-tier municipality;

(d) require that if a member of council is appointed by the members of council as the head of the upper-tier council, the member is no longer entitled to hold office on the council of a lower-tier municipality or any other office on the council of the upper-tier municipality or both; and

(e) require that if a member of council is appointed by the members of council as the head of the upper-tier council, the appointed member must hold office on the council of a lower-tier municipality.  2001, c. 25, s. 218 (2).

Number of votes

(3) An upper-tier municipality may change the number of votes given to any member but each member shall have at least one vote.  2001, c. 25, s. 218 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (3) is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 93 (3) and the following substituted:

Number of votes

(3) Without limiting sections 9, 10 and 11, those sections authorize an upper-tier municipality to change the number of votes given to any member but each member shall have at least one vote.  2006, c. 32, Sched. A, s. 93 (3).

See: 2006, c. 32, Sched. A, ss. 93 (3), 192 (2).

Term of office

(4) An upper-tier municipality may change the term of office of an appointed head of council so long as the term is either one year or the same as the term of council.  2001, c. 25, s. 218 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (4) is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 93 (3) and the following substituted:

Term of office

(4) Without limiting sections 9, 10 and 11, those sections authorize an upper-tier municipality to change the term of office of an appointed head of council so long as the new term does not extend beyond the term of council.  2006, c. 32, Sched. A, s. 93 (3).

See: 2006, c. 32, Sched. A, ss. 93 (3), 192 (2).

Regional municipalities

(5) A regional municipality shall not pass a by-law under this section until the Minister has, by regulation, authorized the regional municipality to exercise the powers under this section.  2001, c. 25, s. 218 (5); 2002, c. 17, Sched. A, s. 43 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (5) is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 93 (3) and the following substituted:

Regional municipalities

(5) A regional municipality shall not pass a by-law described in this section until the Minister has, by regulation, authorized the regional municipality to exercise the powers described in this section.  2006, c. 32, Sched. A, s. 93 (3).

See: 2006, c. 32, Sched. A, ss. 93 (3), 192 (2).

Regulations

(6) The Minister may make regulations authorizing a regional municipality to exercise any power under this section.  2001, c. 25, s. 218 (6); 2002, c. 17, Sched. A, s. 43 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (6) is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 93 (3) and the following substituted:

Regulations

(6) The Minister may make regulations authorizing a regional municipality to exercise any power described in this section.  2006, c. 32, Sched. A, s. 93 (3).

See: 2006, c. 32, Sched. A, ss. 93 (3), 192 (2).

Condition

(7) The Minister shall not make a regulation under subsection (6) unless the Minister has received a resolution from the regional municipality requesting the regulation.  2001, c. 25, s. 218 (7); 2002, c. 17, Sched. A, s. 43 (3).

Term unaffected

(8) Except as provided in subsection (4), nothing in this section authorizes a change in the term of office of a member of council.  2001, c. 25, s. 218 (8).

Notice

219. (1) Before passing a by-law under section 218, the municipality shall give notice of its intention to pass the by-law and shall hold at least one public meeting to consider the matter.  2001, c. 25, s. 219 (1).

Note:  On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 94 (1) by striking out “under section 218” and substituting “described in section 218”.  See:  2006, c. 32, Sched. A, ss. 94 (1), 192 (2).

Coming into force of by-law

(2) A by-law passed under section 218 making changes described in clauses 218 (2) (a), (b) and (c) or in subsection 218 (3) is not valid unless,

Note:  On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 94 (2) by striking out “passed under section 218” and substituting “described in section 218”.  See:  2006, c. 32, Sched. A, ss. 94 (2), 192 (2).

(a) a majority of all votes on the upper-tier council are cast in its favour;

(b) a majority of the councils of all lower-tier municipalities forming part of the upper-tier municipality have passed resolutions consenting to the by-law; and

(c) the total number of electors in the lower-tier municipalities that have passed resolutions referred to in clause (b) form a majority of all the electors in the upper-tier municipality.  2001, c. 25, s. 219 (2).

Commencement

(3) Despite subsection (2), a by-law passed under section 218 does not come into force until the day the new council is organized following,

Note:  On a day to be named by proclamation of the Lieutenant Governor, subsection (3) is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 94 (2) by striking out “passed under section 218” and substituting “described in section 218”.  See:  2006, c. 32, Sched. A, ss. 94 (2), 192 (2).

(a) the first regular election following the passing of the by-law; or

(b) if the by-law is passed in the year of a regular election before voting day, the second regular election following the passing of the by-law.  2001, c. 25, s. 219 (3).

Election

(4) The regular election held immediately before the coming into force of a by-law passed under section 218 shall be conducted as if the by-law was already in force.  2001, c. 25, s. 219 (4).

Note:  On a day to be named by proclamation of the Lieutenant Governor, subsection (4) is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 94 (2) by striking out “passed under section 218” and substituting “described in section 218”.  See:  2006, c. 32, Sched. A, ss. 94 (2), 192 (2).

Definition

(5) In this section,

“elector” means a person whose name appears on the voters’ list, as amended up until the close of voting on voting day, for the last regular election preceding the coming into force of a by-law under section 218.  2001, c. 25, s. 219 (5).

Note:  On a day to be named by proclamation of the Lieutenant Governor, the definition of “elector” is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 94 (3) by striking out “under section 218” and substituting “described in section 218”.  See:  2006, c. 32, Sched. A, ss. 94 (3), 192 (2).

Change of titles

220. A municipality may change the titles for its head of council and other members of its council.  2001, c. 25, s. 220.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 220 is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 95 and the following substituted:

Change of titles

220. Without limiting sections 9, 10 and 11, those sections authorize a municipality to change the titles for its head of council and other members of its council.  2006, c. 32, Sched. A, s. 95.

See: 2006, c. 32, Sched. A, ss. 95, 192 (2).

Conflicts

221. In the event of a conflict between section 217, 218 or 220 or a by-law passed under those sections and any other Act in respect of the composition of a council, the term of office of the head of an upper-tier council, the number of votes given to each member or the titles of its members, section 217, 218 or 220 or a by-law passed under those sections prevails.  2001, c. 25, s. 221.

Wards

Establishment of wards

222. (1) Despite any Act, a municipality may divide or redivide the municipality into wards or dissolve the existing wards.  2001, c. 25, s. 222 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 96 (1) and the following substituted:

Wards

Establishment of wards

(1) Without limiting sections 9, 10 and 11, those sections authorize a municipality to divide or redivide the municipality into wards or to dissolve the existing wards.  2006, c. 32, Sched. A, s. 96 (1).

See: 2006, c. 32, Sched. A, ss. 96 (1), 192 (2).

Public meetings

(2) Before passing a by-law under subsection (1), the municipality shall,

(a) give notice of its intention to pass the by-law and hold at least one public meeting to consider the matter; and

(b) have regard to criteria for establishing ward boundaries prescribed by the Minister.  2001, c. 25, s. 222 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 96 (1) and the following substituted:

Conflict

(2) In the event of a conflict between a by-law described in subsection (1) and any provision of this Act, other than this section or section 223, any provision of any other Act or a regulation made under any other Act, the by-law prevails.  2006, c. 32, Sched. A, s. 96 (1). 

See: 2006, c. 32, Sched. A, ss. 96 (1), 192 (2).

Notice

(3) Within 15 days after a by-law is passed under subsection (1), the municipality shall give notice of the passing of the by-law to the public specifying the last date for filing a notice of appeal under subsection (4).  2001, c. 25, s. 222 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (3) is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 96 (1) and the following substituted:

Notice

(3) Within 15 days after a by-law described in subsection (1) is passed, the municipality shall give notice of the passing of the by-law to the public specifying the last date for filing a notice of appeal under subsection (4).  2006, c. 32, Sched. A, s. 96 (1). 

See: 2006, c. 32, Sched. A, ss. 96 (1), 192 (2).

Appeal

(4) Within 45 days after a by-law is passed under subsection (1), the Minister or any other person or agency may appeal to the Ontario Municipal Board by filing a notice of appeal with the municipality setting out the objections to the by-law and the reasons in support of the objections.  2001, c. 25, s. 222 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (4) is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 96 (1) and the following substituted:

Appeal

(4) Within 45 days after a by-law described in subsection (1) is passed, the Minister or any other person or agency may appeal to the Ontario Municipal Board by filing a notice of appeal with the municipality setting out the objections to the by-law and the reasons in support of the objections.  2006, c. 32, Sched. A, s. 96 (1). 

See: 2006, c. 32, Sched. A, ss. 96 (1), 192 (2).

Notices forwarded to Board

(5) Within 15 days after the last day for filing a notice of appeal under subsection (4), the municipality shall forward any notices of appeal to the Ontario Municipal Board.  2001, c. 25, s. 222 (5).

Other material

(6) The municipality shall provide any other information or material that the Board requires in connection with the appeal.  2001, c. 25, s. 222 (6).

Board decision

(7) The Board shall hear the appeal and may, despite any Act, make an order affirming, amending or repealing the by-law.  2001, c. 25, s. 222 (7).

Coming into force of by-law

(8) A by-law of a municipality under this section comes into force on the day the new council of the municipality is organized following,

Note:  On a day to be named by proclamation of the Lieutenant Governor, subsection (8) is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 96 (2) by striking out “by-law of a municipality under this section” in the portion before clause (a) and substituting “by-law of a municipality described in this section”.  See:  2006, c. 32, Sched. A, ss. 96 (2), 192 (2).

(a) the first regular election after the by-law is passed if the by-law is passed before January 1 in the year of the regular election and,

(i) no notices of appeal are filed,

(ii) notices of appeal are filed and are all withdrawn before January 1 in the year of the election, or

(iii) notices of appeal are filed and the Board issues an order to affirm or amend the by-law before January 1 in the year of the election; or

(b) the second regular election after the by-law is passed, in all other cases except where the by-law is repealed by the Board.  2001, c. 25, s. 222 (8).

Election

(9) Despite subsection (8), where a by-law comes into force on the day the new council of a municipality is organized following a regular election, that election shall be conducted as if the by-law was already in force.  2001, c. 25, s. 222 (9).

Regulations

(10) The Minister may prescribe criteria for the purpose of subsection (2).  2001, c. 25, s. 222 (10).

Petition re: wards

223. (1) Electors in a municipality may present a petition to the council asking the council to pass a by-law dividing or redividing the municipality into wards or dissolving the existing wards.  2001, c. 25, s. 223 (1).

Note:  On a day to be named by proclamation of the Lieutenant Governor, the French version of subsection (1) is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 97 (1).  See:  2006, c. 32, Sched. A, ss. 97 (1), 192 (2).

Number of electors required

(2) The petition requires the signatures of 1 per cent of the electors in the municipality or 500 of the electors in the municipality, whichever is less, but, in any event, a minimum of 50 signatures of the electors in the municipality is required.  2001, c. 25, s. 223 (2).

Definition

(3) In this section,

“elector” means a person whose name appears on the voters’ list, as amended up until the close of voting on voting day, for the last regular election preceding a petition being presented to council under subsection (1).  2001, c. 25, s. 223 (3).

Failure to act

(4) If the council does not pass a by-law in accordance with the petition within 30 days after receiving the petition, any of the electors who signed the petition may apply to the Ontario Municipal Board to have the municipality divided or redivided into wards or to have the existing wards dissolved.  2001, c. 25, s. 223 (4).

Note:  On a day to be named by proclamation of the Lieutenant Governor, subsection (4) is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 97 (2) by striking out “30 days” and substituting “90 days”.  See:  2006, c. 32, Sched. A, 97 (2), 192 (2).

Order

(5) The Board shall hear the application and may, despite any Act, make an order dividing or redividing the municipality into wards or dissolving the existing wards and subsection 222 (6) applies with necessary modifications in respect to the hearing.  2001, c. 25, s. 223 (5).

Coming into force

(6) An order of the Board under this section comes into force on the day the new council of the municipality is organized following,

(a) the first regular election after the order is made, if the order is made before January 1 in the year of the regular election; or

(b) the second regular election after the order is made, if the order is made on or after January 1 in the year of a regular election but before voting day.  2001, c. 25, s. 223 (6).

Election

(7) Despite subsection (6), if an order comes into force on the day the new council of a municipality is organized following a regular election, that election shall be conducted as if the order was already in force.  2001, c. 25, s. 223 (7).

Deemed by-law

(8) Once an order of the Board is in force, the order shall be deemed to be a by-law of the municipality and may be amended or repealed by the municipality under section 222.  2001, c. 25, s. 223 (8).

Note:  On a day to be named by proclamation of the Lieutenant Governor, subsection (8) is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 97 (3) by striking out “under section 222” at the end and substituting “by by-law described in section 222”.  See:  2006, c. 32, Sched. A, ss. 97 (3), 192 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended the Statutes of Ontario, 2006, chapter 32, Schedule A, section 98 by adding the following Part:

PART V.1
Accountability AND transparency

Definitions

223.1 In this Part,

“code of conduct” means a code of conduct described in section 223.2; (“code de déontologie”)

“grant recipient” means a person or entity that receives a grant directly or indirectly from the municipality, a local board or a municipally-controlled corporation; (“bénéficiaire d’une subvention”)

“local board” means a local board other than,

(a) a society as defined in subsection 3 (1) of the Child and Family Services Act,

(b) a board of health as defined in subsection 1 (1) of the Health Protection and Promotion Act,

(c) a committee of management established under the Homes for the Aged and Rest Homes Act,

(d) a police services board established under the Police Services Act,

(e) a board as defined in section 1 of the Public Libraries Act,

(f) a corporation established in accordance with section 203,

(g) such other local boards as may be prescribed; (“conseil local”)

“municipally-controlled corporation” means a corporation that has 50 per cent or more of its issued and outstanding shares vested in the municipality or that has the appointment of a majority of its board of directors made or approved by the municipality, but does not include a local board as defined in subsection 1 (1); (“société contrôlée par la municipalité”)

“public office holder” means,

(a) a member of the municipal council and any person on his or her staff,

(b) an officer or employee of the municipality,

(c) a member of a local board of the municipality and any person on his or her staff,

(d) an officer, director or employee of a local board of the municipality, and

(e) such other persons as may be determined by the municipality who are appointed to any office or body by the municipality or by a local board of the municipality. (“titulaire d’une charge publique”)  2006, c. 32, Sched. A, s. 98.

Code of conduct

223.2 (1) Without limiting sections 9, 10 and 11, those sections authorize the municipality to establish codes of conduct for members of the council of the municipality and of local boards of the municipality.  2006, c. 32, Sched. A, s. 98.

No offence

(2) A by-law cannot provide that a member who contravenes a code of conduct is guilty of an offence.  2006, c. 32, Sched. A, s. 98.

Integrity Commissioner

223.3 (1) Without limiting sections 9, 10 and 11, those sections authorize the municipality to appoint an Integrity Commissioner who reports to council and who is responsible for performing in an independent manner the functions assigned by the municipality with respect to,

(a) the application of the code of conduct for members of council and the code of conduct for members of local boards or of either of them;

(b) the application of any procedures, rules and policies of the municipality and local boards governing the ethical behaviour of members of council and of local boards or of either of them; or

(c) both of clauses (a) and (b).  2006, c. 32, Sched. A, s. 98.

Powers and duties

(2) Subject to this Part, in carrying out the responsibilities described in subsection (1), the Commissioner may exercise such powers and shall perform such duties as may be assigned to him or her by the municipality.  2006, c. 32, Sched. A, s. 98.

Delegation

(3) The Commissioner may delegate in writing to any person, other than a member of council, any of the Commissioner’s powers and duties under this Part.  2006, c. 32, Sched. A, s. 98.

Same

(4) The Commissioner may continue to exercise the delegated powers and duties, despite the delegation.  2006, c. 32, Sched. A, s. 98.

Status

(5) The Commissioner is not required to be a municipal employee.  2006, c. 32, Sched. A, s. 98.

Inquiry by Commissioner

223.4 (1) This section applies if the Commissioner conducts an inquiry under this Part,

(a) in respect of a request made by council, a member of council or a member of the public about whether a member of council or of a local board has contravened the code of conduct applicable to the member; or

(b) in respect of a request made by a local board or a member of a local board about whether a member of the local board has contravened the code of conduct applicable to the member.  2006, c. 32, Sched. A, s. 98. 

Powers on inquiry

(2) The Commissioner may elect to exercise the powers of a commission under Parts I and II of the Public Inquiries Act, in which case those Parts apply to the inquiry as if it were an inquiry under that Act.  2006, c. 32, Sched. A, s. 98.

Information

(3) The municipality and its local boards shall give the Commissioner such information as the Commissioner believes to be necessary for an inquiry.  2006, c. 32, Sched. A, s. 98.

Same

(4) The Commissioner is entitled to have free access to all books, accounts, financial records, electronic data processing records, reports, files and all other papers, things or property belonging to or used by the municipality or a local board that the Commissioner believes to be necessary for an inquiry.  2006, c. 32, Sched. A, s. 98.

Penalties

(5) The municipality may impose either of the following penalties on a member of council or of a local board if the Commissioner reports to the municipality that, in his or her opinion, the member has contravened the code of conduct:

1. A reprimand.

2. Suspension of the remuneration paid to the member in respect of his or her services as a member of council or of the local board, as the case may be, for a period of up to 90 days.  2006, c. 32, Sched. A, s. 98.

Same

(6) The local board may impose either of the penalties described in subsection (5) on its member if the Commissioner reports to the board that, in his or her opinion, the member has contravened the code of conduct, and if the municipality has not imposed a penalty on the member under subsection (5) in respect of the same contravention.  2006, c. 32, Sched. A, s. 98.

Duty of confidentiality

223.5 (1) The Commissioner and every person acting under the instructions of the Commissioner shall preserve secrecy with respect to all matters that come to his or her knowledge in the course of his or her duties under this Part.  2006, c. 32, Sched. A, s. 98.

Exception

(2) Despite subsection (1), information may be disclosed in a criminal proceeding as required by law or otherwise in accordance with this Part.  2006, c. 32, Sched. A, s. 98.

Section prevails

(3) This section prevails over the Municipal Freedom of Information and Protection of Privacy Act.  2006, c. 32, Sched. A, s. 98.

Report to council

223.6 (1) If the Commissioner provides a periodic report to the municipality on his or her activities, the Commissioner may summarize advice he or she has given but shall not disclose confidential information that could identify a person concerned.  2006, c. 32, Sched. A, s. 98.

Report about conduct

(2) If the Commissioner reports to the municipality or to a local board his or her opinion about whether a member of council or of the local board has contravened the applicable code of conduct, the Commissioner may disclose in the report such matters as in the Commissioner’s opinion are necessary for the purposes of the report.  2006, c. 32, Sched. A, s. 98.

Publication of reports

(3) The municipality and each local board shall ensure that reports received from the Commissioner by the municipality or by the board, as the case may be, are made available to the public.  2006, c. 32, Sched. A, s. 98.

Testimony

223.7 Neither the Commissioner nor any person acting under the instructions of the Commissioner is a competent or compellable witness in a civil proceeding in connection with anything done under this Part.  2006, c. 32, Sched. A, s. 98.

Reference to appropriate authorities

223.8 If the Commissioner, when conducting an inquiry, determines that there are reasonable grounds to believe that there has been a contravention of any other Act or of the Criminal Code (Canada), the Commissioner shall immediately refer the matter to the appropriate authorities and suspend the inquiry until any resulting police investigation and charge have been finally disposed of, and shall report the suspension to council.  2006, c. 32, Sched. A, s. 98.

Registry

223.9 (1) Without limiting sections 9, 10 and 11, those sections authorize the municipality to establish and maintain a registry in which shall be kept such returns as may be required by the municipality that are filed by persons who lobby public office holders.  2006, c. 32, Sched. A, s. 98.

Requirement to file returns, etc.

(2) Without limiting sections 9, 10 and 11, those sections authorize the municipality to provide for a system of registration of persons who lobby public office holders and to do the following things:

1. Define “lobby”.

2. Require persons who lobby public office holders to file returns and give information to the municipality.

3. Specify the returns to be filed and the information to be given to the municipality by persons who lobby public office holders and specify the time within which the returns must be filed and the information provided.

4. Exempt persons from the requirement to file returns and provide information.

5. Specify activities with respect to which the requirement to file returns and provide information does not apply.

6. Establish a code of conduct for persons who lobby public office holders.

7. Prohibit former public office holders from lobbying current public office holders for the period of time specified in the by-law.

8. Prohibit a person from lobbying public office holders without being registered.

9. Impose conditions for registration, continued registration or a renewal of registration.

10. Refuse to register a person, and suspend or revoke a registration.

11. Prohibit persons who lobby public office holders from receiving payment that is in whole or in part contingent on the successful outcome of any lobbying activities.  2006, c. 32, Sched. A, s. 98.

Access to registry

(3) The registry described in subsection (1) shall be available for public inspection in the manner and during the time that the municipality may determine.  2006, c. 32, Sched. A, s. 98.

Prohibition on contingency fees

223.10 Without limiting sections 9, 10 and 11, those sections authorize the municipality to prohibit a person on whose behalf another person undertakes lobbying activities from making payment for the lobbying activities that is in whole or in part contingent on the successful outcome of any lobbying activities.  2006, c. 32, Sched. A, s. 98.

Registrar for lobbying matters

223.11 (1) Without limiting sections 9, 10 and 11, those sections authorize the municipality to appoint a registrar who is responsible for performing in an independent manner the functions assigned by the municipality with respect to the registry described in clause 223.9 (1) (a) and the system of registration and other matters described in clause 223.9 (1) (b).  2006, c. 32, Sched. A, s. 98.

Powers and duties

(2) Subject to this Part, in carrying out these responsibilities, the registrar may exercise such powers and shall perform such duties as may be assigned to him or her by the municipality.  2006, c. 32, Sched. A, s. 98.

Delegation

(3) The registrar may delegate in writing to any person, other than a member of council, any of the registrar’s powers and duties under this Part.  2006, c. 32, Sched. A, s. 98.

Same

(4) The registrar may continue to exercise the delegated powers and duties, despite the delegation.  2006, c. 32, Sched. A, s. 98.

Status

(5) The registrar is not required to be a municipal employee.  2006, c. 32, Sched. A, s. 98.

Inquiry by registrar

223.12 (1) This section applies if the registrar conducts an inquiry under this Part in respect of a request made by council, a member of council or a member of the public about compliance with the system of registration described in clause 223.9 (1) (b) or with a code of conduct established under that clause.  2006, c. 32, Sched. A, s. 98.

Powers on inquiry

(2) The registrar may elect to exercise the powers of a commission under Parts I and II of the Public Inquiries Act, in which case those Parts apply to the inquiry as if it were an inquiry under that Act.  2006, c. 32, Sched. A, s. 98.

Duty of confidentiality

(3) Section 223.5 applies, with necessary modifications, with respect to the registrar and every person acting under the instructions of the registrar in the course of conducting an inquiry.  2006, c. 32, Sched. A, s. 98.

Report

(4) If the registrar makes a report to a municipality in respect of an inquiry, the registrar may disclose in the report such matters as in the registrar’s opinion are necessary for the purposes of the report.  2006, c. 32, Sched. A, s. 98.

Publication of reports

(5) The municipality shall ensure that reports received from the registrar are made available to the public.  2006, c. 32, Sched. A, s. 98.

Testimony

(6) Neither the registrar nor any person acting under the instructions of the registrar is a competent or compellable witness in a civil proceeding in connection with anything done when conducting an inquiry.  2006, c. 32, Sched. A, s. 98.

Reference to appropriate authorities

(7) If the registrar, when conducting an inquiry, determines that there are reasonable grounds to believe that there has been a contravention of any other Act or of the Criminal Code (Canada), the registrar shall immediately refer the matter to the appropriate authorities and suspend the inquiry until any resulting police investigation and charge have been finally disposed of, and shall report the suspension to council.  2006, c. 32, Sched. A, s. 98.

Ombudsman

223.13 (1) Without limiting sections 9, 10 and 11, those sections authorize the municipality to appoint an Ombudsman who reports to council and whose function is to investigate in an independent manner any decision or recommendation made or act done or omitted in the course of the administration of the municipality, its local boards and such municipally-controlled corporations as the municipality may specify and affecting any person or body of persons in his, her or its personal capacity.  2006, c. 32, Sched. A, s. 98.

Powers and duties

(2) Subject to this Part, in carrying out the functions under subsection (1), the Ombudsman may exercise the powers and shall perform the duties assigned to him or her by the municipality.  2006, c. 32, Sched. A, s. 98.

Matters to which municipality is to have regard

(3) In appointing the Ombudsman and in assigning powers and duties to him or her, the municipality shall have regard to, among other matters, the importance of the matters listed in subsection (5).  2006, c. 32, Sched. A, s. 98.

Same, Ombudsman

(4) In carrying out his or her functions under subsection (1), the Ombudsman shall have regard to, among other matters, the importance of the matters listed in subsection (5).  2006, c. 32, Sched. A, s. 98.

Same

(5) The matters referred to in subsections (3) and (4) are,

(a) the Ombudsman’s independence and impartiality;

(b) confidentiality with respect to the Ombudsman’s activities; and

(c) the credibility of the Ombudsman’s investigative process.  2006, c. 32, Sched. A, s. 98.

Powers paramount

(6) The powers conferred on the Ombudsman under this Part may be exercised despite any provision in any Act to the effect that any such decision, recommendation, act or omission is final, or that no appeal lies in respect of them, or that no proceeding or decision of the person or organization whose decision, recommendation, act or omission it is shall be challenged, reviewed, quashed or called in question.  2006, c. 32, Sched. A, s. 98.

Decisions not reviewable

(7) Nothing in this Part empowers the Ombudsman to investigate any decision, recommendation, act or omission,

(a) in respect of which there is, under any Act, a right of appeal or objection, or a right to apply for a hearing or review, on the merits of the case to any court, or to any tribunal constituted by or under any Act, until that right of appeal or objection or application has been exercised in the particular case, or until after any time for the exercise of that right has expired; or

(b) of any person acting as legal adviser to the municipality, a local board or a municipally-controlled corporation or acting as counsel to any of them in relation to any proceedings.  2006, c. 32, Sched. A, s. 98.

Delegation

(8) The Ombudsman may delegate in writing to any person, other than a member of council, any of the Ombudsman's powers and duties under this Part.  2006, c. 32, Sched. A, s. 98.

Same

(9) The Ombudsman may continue to exercise the delegated powers and duties, despite the delegation.  2006, c. 32, Sched. A, s. 98.

Status

(10) The Ombudsman is not required to be a municipal employee.  2006, c. 32, Sched. A, s. 98.

Investigation

223.14 (1) Every investigation by the Ombudsman shall be conducted in private.  2006, c. 32, Sched. A, s. 98.

Opportunity to make representations

(2) The Ombudsman may hear or obtain information from such persons as he or she thinks fit, and may make such inquiries as he or she thinks fit and it is not necessary for the Ombudsman to hold any hearing and no person is entitled as of right to be heard by the Ombudsman, but if at any time during the course of an investigation it appears to the Ombudsman that there may be sufficient grounds for him or her to make any report or recommendation that may adversely affect the municipality, a local board, a municipally-controlled corporation or any other person, the Ombudsman shall give him, her or it an opportunity to make representations respecting the adverse report or recommendation, either personally or by counsel.  2006, c. 32, Sched. A, s. 98.

Application of Ombudsman Act

(3) Section 19 of the Ombudsman Act applies to the exercise of powers and the performance of duties by the Ombudsman under this Part.  2006, c. 32, Sched. A, s. 98.

Same

(4) For the purposes of subsection (3), references in section 19 of the Ombudsman Act to “any governmental organization”, “the Freedom of Information and Protection of Privacy Act” and “the Public Service Act” are deemed to be references to “the municipality, a local board or a municipally-controlled corporation”, “the Municipal Freedom of Information and Protection of Privacy Act” and “this Act”, respectively.  2006, c. 32, Sched. A, s. 98.

Note:  On the later of the day the Statutes of Ontario, 2006, chapter 35, Schedule C, section 134 comes into force and the day the Statutes of Ontario, 2006, chapter 32, Schedule A, section 98 comes into force, subsection (4) is amended by the Statutes of Ontario, 2006, chapter 35, Schedule C, subsection 134 (3) by striking out “the Public Service Act” and substituting “the Public Service of Ontario Act, 2006”.  See:  2006, c. 35, Sched. C, ss. 134 (3), 137 (1). 

Duty of confidentiality

223.15 (1) Subject to subsection (2), the Ombudsman and every person acting under the instructions of the Ombudsman shall preserve secrecy with respect to all matters that come to his or her knowledge in the course of his or her duties under this Part.  2006, c. 32, Sched. A, s. 98.

Disclosure

(2) The Ombudsman may disclose in any report made by him or her under this Part such matters as in the Ombudsman’s opinion ought to be disclosed in order to establish grounds for his or her conclusions and recommendations.  2006, c. 32, Sched. A, s. 98.

Section prevails

(3) This section prevails over the Municipal Freedom of Information and Protection of Privacy Act.  2006, c. 32, Sched. A, s. 98.

No review, etc.

223.16 No proceeding of the Ombudsman under this Part shall be held bad for want of form, and, except on the ground of lack of jurisdiction, no proceeding or decision of the Ombudsman is liable to be challenged, reviewed, quashed or called in question in any court.  2006, c. 32, Sched. A, s. 98.

Testimony

223.17 (1) The Ombudsman and any person acting under the instructions of the Ombudsman shall not be called to give evidence in any court, or in any proceedings of a judicial nature, in respect of anything coming to his or her knowledge in the exercise of his or her functions under this Part.  2006, c. 32, Sched. A, s. 98.

Same

(2) Anything said or any information supplied or any document or thing produced by any person in the course of any investigation by or proceedings before the Ombudsman under this Part is privileged in the same manner as if the inquiry or proceedings were proceedings in a court.  2006, c. 32, Sched. A, s. 98.

Effect on other rights, etc.

223.18 The rights, remedies, powers, duties and procedures established under sections 223.13 to 223.17 are in addition to the provisions of any other Act or rule of law under which any remedy or right of appeal or objection is provided for any person, or any procedure is provided for the inquiry into or investigation of any matter, and nothing in this Part limits or affects any such remedy or right of appeal or objection or procedure.  2006, c. 32, Sched. A, s. 98.

Auditor General

223.19 (1) Without limiting sections 9, 10 and 11, those sections authorize the municipality to appoint an Auditor General who reports to council and is responsible for assisting the council in holding itself and its administrators accountable for the quality of stewardship over public funds and for achievement of value for money in municipal operations.  2006, c. 32, Sched. A, s. 98.

Exceptions

(2) Despite subsection (1), the responsibilities of the Auditor General shall not include the matters described in clauses 296 (1) (a) and (b) for which the municipal auditor is responsible.  2006, c. 32, Sched. A, s. 98.

Powers and duties

(3) Subject to this Part, in carrying out his or her responsibilities, the Auditor General may exercise the powers and shall perform the duties as may be assigned to him or her by the municipality in respect of the municipality, its local boards and such municipally-controlled corporations and grant recipients as the municipality may specify.  2006, c. 32, Sched. A, s. 98.

Grant recipients

(4) The authority of the Auditor General to exercise powers and perform duties under this Part in relation to a grant recipient applies only in respect of grants received by the grant recipient directly or indirectly from the municipality, a local board or a municipally-controlled corporation after the date on which this section comes into force.  2006, c. 32, Sched. A, s. 98.

Delegation

(5) The Auditor General may delegate in writing to any person, other than a member of council, any of the Auditor General’s powers and duties under this Part.  2006, c. 32, Sched. A, s. 98.

Same

(6) The Auditor General may continue to exercise the delegated powers and duties, despite the delegation. 2006, c. 32, Sched. A, s. 98.

Status

(7) The Auditor General is not required to be a municipal employee.  2006, c. 32, Sched. A, s. 98.

Duty to furnish information

223.20 (1) The municipality, its local boards and the municipally-controlled corporations and grant recipients referred to in subsection 223.19 (3) shall give the Auditor General such information regarding their powers, duties, activities, organization, financial transactions and methods of business as the Auditor General believes to be necessary to perform his or her duties under this Part.  2006, c. 32, Sched. A, s. 98.

Access to records

(2) The Auditor General is entitled to have free access to all books, accounts, financial records, electronic data processing records, reports, files and all other papers, things or property belonging to or used by the municipality, the local board, the municipally-controlled corporation or the grant recipient, as the case may be, that the Auditor General believes to be necessary to perform his or her duties under this Part.  2006, c. 32, Sched. A, s. 98.

No waiver of privilege

(3) A disclosure to the Auditor General under subsection (1) or (2) does not constitute a waiver of solicitor-client privilege, litigation privilege or settlement privilege.  2006, c. 32, Sched. A, s. 98.

Powers re examination

223.21 (1) The Auditor General may examine any person on oath on any matter pertinent to an audit or examination under this Part.  2006, c. 32, Sched. A, s. 98.

Same

(2) For the purpose of an examination, the Auditor General has the powers that Part II of the Public Inquiries Act confers on a commission, and that Part applies to the examination as if it were an inquiry under that Act.  2006, c. 32, Sched. A, s. 98.

Duty of confidentiality

223.22 (1) The Auditor General and every person acting under the instructions of the Auditor General shall preserve secrecy with respect to all matters that come to his or her knowledge in the course of his or her duties under this Part.  2006, c. 32, Sched. A, s. 98.

Same

(2) Subject to subsection (3), the persons required to preserve secrecy under subsection (1) shall not communicate information to another person in respect of any matter described in subsection (1) except as may be required,

(a) in connection with the administration of this Part, including reports made by the Auditor General, or with any proceedings under this Part; or

(b) under the Criminal Code (Canada).  2006, c. 32, Sched. A, s. 98.

Same

(3) A person required to preserve secrecy under subsection (1) shall not disclose any information or document disclosed to the Auditor General under section 223.20 that is subject to solicitor-client privilege, litigation privilege or settlement privilege unless the person has the consent of each holder of the privilege.  2006, c. 32, Sched. A, s. 98.

Section prevails

(4) This section prevails over the Municipal Freedom of Information and Protection of Privacy Act.  2006, c. 32, Sched. A, s. 98.

Testimony

223.23 Neither the Auditor General nor any person acting under the instructions of the Auditor General is a competent or compellable witness in a civil proceeding in connection with anything done under this Part.  2006, c. 32, Sched. A, s. 98.

Regulations

223.24 The Minister may make regulations prescribing local boards for the purposes of the definition of “local board” in section 223.1.  2006, c. 32, Sched. A, s. 98.

See: 2006, c. 32, Sched. A, ss. 98, 192 (2).

PART VI
PRACTICES AND PROCEDURES

Municipal Organization and Administration

Role of council

224. It is the role of council,

(a) to represent the public and to consider the well-being and interests of the municipality;

(b) to develop and evaluate the policies and programs of the municipality;

(c) to determine which services the municipality provides;

(d) to ensure that administrative practices and procedures are in place to implement the decisions of council;

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (d) is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 99 and the following substituted:

(d) to ensure that administrative policies, practices and procedures and controllership policies, practices and procedures are in place to implement the decisions of council;

(d.1) to ensure the accountability and transparency of the operations of the municipality, including the activities of the senior management of the municipality;

See: 2006, c. 32, Sched. A, ss. 99, 192 (2).

(e) to maintain the financial integrity of the municipality; and

(f) to carry out the duties of council under this or any other Act.  2001, c. 25, s. 224.

Role of head of council

225. It is the role of the head of council,

(a) to act as chief executive officer of the municipality;

(b) to preside over council meetings;

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (b) is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 100 (1) and the following substituted:

(b) to preside over council meetings so that its business can be carried out efficiently and effectively;

See: 2006, c. 32, Sched. A, ss. 100 (1), 192 (2).

(c) to provide leadership to the council;

Note: On a day to be named by proclamation of the Lieutenant Governor, section 225 is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 100 (2) by adding the following clause:

(c.1) without limiting clause (c), to provide information and recommendations to the council with respect to the role of council described in clauses 224 (d) and (d.1);

See: 2006, c. 32, Sched. A, ss. 100 (2), 192 (2).

(d) to represent the municipality at official functions; and

(e) to carry out the duties of the head of council under this or any other Act.  2001, c. 25, s. 225.

Substitution

226. A municipality may, with the consent of the head of council, appoint a member of council to act in the place of the head of council on any body, other than on the council of another municipality, of which the head of council is a member by virtue of being head of council.  2001, c. 25, s. 226.

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 101 by adding the following section:

Head of council as chief executive officer

226.1 As chief executive officer of a municipality, the head of council shall,

(a) uphold and promote the purposes of the municipality;

(b) promote public involvement in the municipality’s activities;

(c) act as the representative of the municipality both within and outside the municipality, and promote the municipality locally, nationally and internationally; and

(d) participate in and foster activities that enhance the economic, social and environmental well-being of the municipality and its residents.  2006, c. 32, Sched. A, s. 101.

See: 2006, c. 32, Sched. A, s. 101, 192 (2).

Municipal administration

227. It is the role of the officers and employees of the municipality,

(a) to implement council’s decisions and establish administrative practices and procedures to carry out council’s decisions;

(b) to undertake research and provide advice to council on the policies and programs of the municipality; and

(c) to carry out other duties required under this or any Act and other duties assigned by the municipality.  2001, c. 25, s. 227.

Clerk

228. (1) A municipality shall appoint a clerk whose duty it is,

(a) to record, without note or comment, all resolutions, decisions and other proceedings of the council;

(b) if required by any member present at a vote, to record the name and vote of every member voting on any matter or question; 

(c) to keep the originals or copies of all by-laws and of all minutes of the proceedings of the council;

(d) to perform the other duties required under this Act or under any other Act; and

(e) to perform such other duties as are assigned by the municipality.  2001, c. 25, s. 228 (1).

Deputy clerks

(2) A municipality may appoint deputy clerks who have all the powers and duties of the clerk under this and any other Act.  2001, c. 25, s. 228 (2).

Not required to be an employee

(3) A clerk or deputy clerk is not required to be an employee of the municipality.  2001, c. 25, s. 228 (3).

Delegation

(4) The clerk may delegate in writing to any person, other than a member of council, any of the clerk’s powers and duties under this and any other Act.  2001, c. 25, s. 228 (4).

Clerk retains powers and duties

(5) The clerk may continue to exercise the delegated powers and duties, despite the delegation.  2001, c. 25, s. 228 (5).

Chief administrative officer

229. A municipality may appoint a chief administrative officer who shall be responsible for,

(a) exercising general control and management of the affairs of the municipality for the purpose of ensuring the efficient and effective operation of the municipality; and

(b) performing such other duties as are assigned by the municipality.  2001, c. 25, s. 229.

First Meeting

First council meeting

230. The first meeting of a new council of a municipality after a regular election and after a by-election under section 266 shall be held at the time set out in the municipality’s procedure by-law but in any case not later than 31 days after its term commences.  2001, c. 25, s. 230.

Deemed organization

231. A new council of a municipality shall be deemed to be organized after a regular election or after a by-election under section 266 when the declarations of office under section 232 have been made by a sufficient number of members to form a quorum.  2001, c. 25, s. 231.

Declaration of office

232. (1) A person shall not take a seat on the council of a municipality, including a person appointed to fill a temporary vacancy on an upper-tier council under section 267 but not including a person appointed to act in place of a head of council under section 242, until the person takes the declaration of office in the English or French version of the form established by the Minister for that purpose.  2001, c. 25, s. 232 (1).

Separate declarations

(2) Subsection (1) applies even if the person has already taken a declaration of office for another office on the same or a different council.  2001, c. 25, s. 232 (2).

Note: Effective October 19, 2007 or on an earlier day to be named by proclamation of the Lieutenant Governor, section 232 is amended by the Statutes of Ontario, 2006, chapter 21, Schedule F, subsection 120 (3) by adding the following subsection:

Legislation Act, 2006

(2.1) Part III (Regulations) of the Legislation Act, 2006 does not apply to a form established by the Minister under subsection (1).  2006, c. 21, Sched. F, s. 120 (3).

See: 2006, c. 21, Sched. F, ss. 120 (3), 143 (1).

Membership on both councils

(3) If a person is elected to the councils of both a lower-tier and an upper-tier municipality or is appointed by the council of a lower-tier municipality to the council of an upper-tier municipality, the clerk of the lower-tier municipality shall, immediately after the election or appointment, certify to the clerk of the upper-tier municipality the name of each person so elected or appointed.  2001, c. 25, s. 232 (3).

Restriction

(4) A person elected or appointed under subsection (3) shall not take the seat on the council of the upper-tier municipality until the clerk of the upper-tier municipality has received the certificate under subsection (3) in respect of that person.  2001, c. 25, s. 232 (4).

Condition for conducting business

(5) No business shall be conducted at the first meeting of a council until after the declarations of office have been made by all members who present themselves for that purpose.  2001, c. 25, s. 232 (5).

Deemed resignation

(6) A person shall be deemed to have resigned from an office on the council of a municipality unless the person,

(a) in the case of a regular election or a by-election under section 266, takes the declaration of office with respect to that office on or before the day of the first council meeting of the new council; and

(b) in the case of a by-election or appointment, other than a by-election under section 266, to fill a vacancy on a council, takes the declaration of office with respect to that office on or before the day of the first council meeting after the person is declared to be elected or is appointed.  2001, c. 25, s. 232 (6).

Extension

(7) Despite subsection (6), the council of a municipality may, before the deadline under subsection (6) has passed, extend the deadline by no more than 30 days.  2001, c. 25, s. 232 (7).

Appointment of head

233. (1) If the term of office of an appointed head of council of an upper-tier municipality is one year, the council of the upper-tier municipality shall, in each year of its term, appoint the head of council at its first meeting.  2001, c. 25, s. 233 (1).

Appointment of head, same term as council

(2) If the term of office of an appointed head of council of an upper-tier municipality is the same as the term of council, the council of the upper-tier municipality shall, in the first year of its term, appoint the head of council at its first meeting.  2001, c. 25, s. 233 (2).

Restriction

(3) No other business shall be conducted at a meeting under subsection (1) or (2) until the head of council is appointed.  2001, c. 25, s. 233 (3).

One vote

(4) Even though a member of council may have more than one vote in other circumstances, the member only has one vote in the appointment of the head of council.  2001, c. 25, s. 233 (4).

Secret ballot

(5) The head of council may be appointed by secret ballot.  2001, c. 25, s. 233 (5).

Timing of appointments

234. (1) If a new council of a local municipality after a regular election is required to appoint a member of the new council of the upper-tier municipality, the local municipality shall do so at its first meeting in the first year of its term.  2001, c. 25, s. 234 (1).

Restriction

(2) No other business shall be conducted at a meeting under subsection (1) until the member is appointed.  2001, c. 25, s. 234 (2).

Term, upper-tier members

235. (1) The term of office of a person who becomes a member of the council of an upper-tier municipality under subsection 233 (2), section 234 or by virtue of holding an office on the council of a lower-tier municipality is four years beginning on December 1 in the year of a regular election.  2001, c. 25, s. 235 (1); 2006, c. 9, Sched. H, s. 5 (2).

Term, head of council

(2) The term of office of a person appointed under subsection 233 (1) to fill the office of head of council of an upper-tier council for the fourth year of the term of office of the upper-tier council continues until the new council is organized following the next regular election.  2001, c. 25, s. 235 (2); 2006, c. 9, Sched. H, s. 5 (3).

Location of Meetings and Public Offices

Location

236. (1) The council of a municipality shall hold its meetings and keep its public offices within the municipality or an adjacent municipality at a place set out in the municipality’s procedure by-law; however, in the case of an emergency, it may hold its meetings and keep its public offices at any convenient location within or outside the municipality.  2001, c. 25, s. 236 (1).

Joint meetings

(2) Despite subsection (1), a meeting of the councils of two or more municipalities for the consideration of matters of common interest may be held within any one of those municipalities or in a municipality adjacent to any of them.  2001, c. 25, s. 236 (2).

Quorum

Quorum

237. (1) A majority of the members of a municipal council is necessary to form a quorum with the following exceptions:

1. In the upper-tier municipalities of Durham, Niagara and the County of Oxford, a majority of members representing at least one-half of the lower-tier municipalities is necessary to form a quorum.

2. In the upper-tier municipalities of Halton, York and The District Municipality of Muskoka, a majority of members representing a majority of the lower-tier municipalities is necessary to form a quorum.

3. In The Regional Municipality of Peel, a majority of members representing all lower-tier municipalities is necessary to form a quorum.  2001, c. 25, s. 237 (1); 2002, c. 17, Sched. A, s. 44 (1).

Variation

(2) The council of a municipality referred to in paragraphs 1, 2 and 3 of subsection (1) may reduce its quorum requirement but may not reduce it to less than a majority of its members.  2001, c. 25, s. 237 (2).

Waterloo

(3) The council of the upper-tier municipality of Waterloo may adopt a different quorum requirement that requires the attendance of more than a majority of its members.  2002, c. 17, Sched. A, s. 44 (2).

Procedure By-law

Procedure by-law

Definitions

238. (1) In this section and in section 239,

Note:  On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 102 (1) by striking out the portion before the definition of “committee” and substituting the following:

Procedure by-law

Definitions

(1) In this section and in sections 239 to 239.2,

See:  2006, c. 32, Sched. A, ss. 102 (1), 192 (2).

“committee” means any advisory or other committee, subcommittee or similar entity of which at least 50 per cent of the members are also members of one or more councils or local boards; (“comité”)

“local board” does not include police services boards or public library boards; (“conseil local”)

“meeting” means any regular, special, committee or other meeting of a council or local board. (“réunion”)  2001, c. 25, s. 238 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “meeting” is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 102 (2) and the following substituted:

“meeting” means any regular, special or other meeting of a council, of a local board or of a committee of either of them.  (“réunion”)

See: 2006, c. 32, Sched. A, ss. 102 (2), 192 (2).

Procedure by-laws respecting meetings

(2) Every municipality and local board shall pass a procedure by-law for governing the calling, place and proceedings of meetings.  2001, c. 25, s. 238 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 238 is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 102 (3) by adding the following subsection:

Notice

(2.1) The procedure by-law shall provide for public notice of meetings.  2006, c. 32, Sched. A, s. 102 (3).

See: 2006, c. 32, Sched. A, ss. 102 (3), 192 (2).

Outside municipality

(3) The procedure by-law may provide that meetings be held and public offices be kept at a place outside the municipality within an adjacent municipality.  2001, c. 25, s. 238 (3).

Notice

(4) Before passing a by-law under subsection (2), a municipality and local board shall give notice of its intention to pass the by-law.  2001, c. 25, s. 238 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (4) is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 102 (4) and the following substituted:

Presiding officer

(4) The procedure by-law may, with the consent of the head of council, designate a member of council, other than the head of council, to preside at meetings of council.  2006, c. 32, Sched. A, s. 102 (4).

Secret ballot

(5) A presiding officer may be designated by secret ballot.  2006, c. 32, Sched. A, s. 102 (4).

See: 2006, c. 32, Sched. A, ss. 102 (4), 192 (2).

Meetings

Meetings open to public

239. (1) Except as provided in this section, all meetings shall be open to the public.  2001, c. 25, s. 239 (1).

Exceptions

(2) A meeting or part of a meeting may be closed to the public if the subject matter being considered is,

(a) the security of the property of the municipality or local board;

(b) personal matters about an identifiable individual, including municipal or local board employees;

(c) a proposed or pending acquisition or disposition of land by the municipality or local board;

(d) labour relations or employee negotiations;

(e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board;

(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose;

(g) a matter in respect of which a council, board, committee or other body may hold a closed meeting under another Act.  2001, c. 25, s. 239 (2).

Other criteria

(3) A meeting shall be closed to the public if the subject matter relates to the consideration of a request under the Municipal Freedom of Information and Protection of Privacy Act if the council, board, commission or other body is the head of an institution for the purposes of that Act.  2001, c. 25, s. 239 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 239 is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 103 (1) by adding the following subsection:

Educational or training sessions

(3.1) A meeting of a council or local board or of a committee of either of them may be closed to the public if the following conditions are both satisfied:

1. The meeting is held for the purpose of educating or training the members.

2. At the meeting, no member discusses or otherwise deals with any matter in a way that materially advances the business or decision-making of the council, local board or committee.  2006, c. 32, Sched. A, s. 103 (1).

See: 2006, c. 32, Sched. A, ss. 103 (1), 192 (2).

Resolution

(4) Before holding a meeting or part of a meeting that is to be closed to the public, a municipality or local board or committee of either of them shall state by resolution,

(a) the fact of the holding of the closed meeting; and

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (a) is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 103 (2) and the following substituted:

(a) the fact of the holding of the closed meeting and the general nature of the matter to be considered at the closed meeting; or

See: 2006, c. 32, Sched. A, ss. 103 (2), 192 (2).

(b) the general nature of the matter to be considered at the closed meeting.  2001, c. 25, s. 239 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (b) is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 103 (2) and the following substituted:

(b) in the case of a meeting under subsection (3.1), the fact of the holding of the closed meeting, the general nature of its subject-matter and that it is to be closed under that subsection.

See: 2006, c. 32, Sched. A, ss. 103 (2), 192 (2).

Open meeting

(5) Subject to subsection (6), a meeting shall not be closed to the public during the taking of a vote.  2001, c. 25, s. 239 (5).

Exception

(6) Despite section 244, a meeting may be closed to the public during a vote if,

(a) subsection (2) or (3) permits or requires the meeting to be closed to the public; and

(b) the vote is for a procedural matter or for giving directions or instructions to officers, employees or agents of the municipality, local board or committee of either of them or persons retained by or under a contract with the municipality or local board.  2001, c. 25, s. 239 (6).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 239 is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 103 (3) by adding the following subsections:

Record of meeting

(7) A municipality or local board or a committee of either of them shall record without note or comment all resolutions, decisions and other proceedings at a meeting of the body, whether it is closed to the public or not.  2006, c. 32, Sched. A, s. 103 (3).

Same

(8) The record required by subsection (7) shall be made by,

(a) the clerk, in the case of a meeting of council; or

(b) the appropriate officer, in the case of a meeting of a local board or committee.  2006, c. 32, Sched. A, s. 103 (3).

Record may be disclosed

(9) Clause 6 (1) (b) of the Municipal Freedom of Information and Protection of Privacy Act does not apply to a record of a meeting closed under subsection (3.1).  2006, c. 32, Sched. A, s. 103 (3).

See: 2006, c. 32, Sched. A, ss. 103 (3), 192 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 104 by adding the following sections:

Investigation

239.1 A person may request that an investigation of whether a municipality or local board has complied with section 239 or a procedure by-law under subsection 238 (2) in respect of a meeting or part of a meeting that was closed to the public be undertaken,

(a) by an investigator referred to in subsection 239.2 (1); or

(b) by the Ombudsman appointed under the Ombudsman Act, if the municipality has not appointed an investigator referred to in subsection 239.2 (1).  2006, c. 32, Sched. A, s. 104.

Investigator

239.2 (1) Without limiting sections 9, 10 and 11, those sections authorize the municipality to appoint an investigator who has the function to investigate in an independent manner, on a complaint made to him or her by any person, whether the municipality or a local board has complied with section 239 or a procedure by-law under subsection 238 (2) in respect of a meeting or part of a meeting that was closed to the public, and to report on the investigation.  2006, c. 32, Sched. A, s. 104.

Powers and duties

(2) Subject to this section, in carrying out his or her functions under subsection (1), the investigator may exercise such powers and shall perform such duties as may be assigned to him or her by the municipality.  2006, c. 32, Sched. A, s. 104.

Matters to which municipality is to have regard

(3) In appointing an investigator and in assigning powers and duties to him or her, the municipality shall have regard to, among other matters, the importance of the matters listed in subsection (5).  2006, c. 32, Sched. A, s. 104.

Same, investigator

(4) In carrying out his or her functions under subsection (1), the investigator shall have regard to, among other matters, the importance of the matters listed in subsection (5).  2006, c. 32, Sched. A, s. 104.

Same

(5) The matters referred to in subsections (3) and (4) are,

(a) the investigator’s independence and impartiality;

(b) confidentiality with respect to the investigator’s activities; and

(c) the credibility of the investigator’s investigative process.  2006, c. 32, Sched. A, s. 104.

Delegation

(6) An investigator may delegate in writing to any person, other than a member of council, any of the investigator’s powers and duties under this Part.  2006, c. 32, Sched. A, s. 104.

Same

(7) An investigator may continue to exercise the delegated powers and duties, despite the delegation.  2006, c. 32, Sched. A, s. 104.

Status

(8) An investigator is not required to be a municipal employee.  2006, c. 32, Sched. A, s. 104.

Application

(9) Subsection 223.13 (6) and sections 223.14 to 223.18 apply with necessary modifications with respect to the exercise of functions described in this section.  2006, c. 32, Sched. A, s. 104.

Report and recommendations

(10) If, after making an investigation, the investigator is of the opinion that the meeting or part of the meeting that was the subject-matter of the investigation appears to have been closed to the public contrary to section 239 or to a procedure by-law under subsection 238 (2), the investigator shall report his or her opinion and the reasons for it to the municipality or local board, as the case may be, and may make such recommendations as he or she thinks fit.  2006, c. 32, Sched. A, s. 104.

Publication of reports

(11) The municipality or local board shall ensure that reports received under subsection (10) by the municipality or local board, as the case may be, are made available to the public.  2006, c. 32, Sched. A, s. 104.

See: 2006, c. 32, Sched. A, ss. 104, 192 (2).

Calling of meetings

240. Subject to the procedure by-law passed under section 238,

(a) the head of council may at any time call a special meeting; and

(b) upon receipt of a petition of the majority of the members of council, the clerk shall call a special meeting for the purpose and at the time mentioned in the petition.  2001, c. 25, s. 240.

Head of council

241. (1) The head of council, except where otherwise provided, shall preside at all meetings of the council.  2001, c. 25, s. 241 (1).

Power to expel

(2) The head of council or other presiding officer may expel any person for improper conduct at a meeting.  2001, c. 25, s. 241 (2).

Absence of head

242. A municipality may by by-law or resolution appoint a member of the council to act in the place of the head of council when the head of council is absent or refuses to act or the office is vacant and while so acting such member has all the powers and duties of the head of council.  2001, c. 25, s. 242.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 242 is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 105 and the following substituted:

Absence of head

242. A municipality may, by by-law or resolution, appoint a member of the council to act in the place of the head of council or other member of council designated to preside at meetings in the municipality’s procedure by-law when the head of council or designated member is absent or refuses to act or the office is vacant, and while so acting such member has all the powers and duties of the head of council or designated member, as the case may be.  2006, c. 32, Sched. A, s. 105.

See: 2006, c. 32, Sched. A, ss. 105, 192 (2).

Voting

243. Except as otherwise provided, every member of a council shall have one vote.  2001, c. 25, s. 243.

Open voting

244. Except as provided in section 233, no vote shall be taken by ballot or by any other method of secret voting, and every vote so taken is of no effect.  2001, c. 25, s. 244.

Note:  On a day to be named by proclamation of the Lieutenant Governor, section 244 is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 106 by striking out “Except as provided in section 233” at the beginning and substituting “Except as provided in sections 233 and 238”.  See:  2006, c. 32, Sched. A, ss. 106, 192 (2).

Tie votes

245. Any question on which there is a tie vote shall be deemed to be lost, except where otherwise provided by any Act.  2001, c. 25, s. 245.

Recorded vote

246. (1) If a member present at a meeting at the time of a vote requests immediately before or after the taking of the vote that the vote be recorded, each member present, except a member who is disqualified from voting by any Act, shall announce his or her vote openly and the clerk shall record each vote.  2001, c. 25, s. 246 (1).

Failure to vote

(2) A failure to vote under subsection (1) by a member who is present at the meeting at the time of the vote and who is qualified to vote shall be deemed to be a negative vote.  2001, c. 25, s. 246 (2).

By-laws

Language of by-laws

247. (1) The by-laws and resolutions of a municipality shall be passed in English or in both English and French.  2001, c. 25, s. 247 (1).

Official plan

(2) An official plan adopted by a municipality shall be in English or in both English and French.  2001, c. 25, s. 247 (2).

Proceedings

(3) Every council and every committee of council may conduct its proceedings in English or French or in both English and French.  2001, c. 25, s. 247 (3).

Minutes

(4) Despite subsection (3), the minutes of the proceedings shall be kept in English or in both English and French.  2001, c. 25, s. 247 (4).

Proviso

(5) Nothing in this section,

(a) affects an obligation imposed by or under any Act to make, keep, use, file, register or submit any record in the language or languages specified by or under the Act; or

(b) affects any requirement at law to give reasonable notice.  2001, c. 25, s. 247 (5).

Translations

(6) If a record is submitted by a municipality to a provincial ministry in French, the municipality shall, at the request of the minister of that ministry, supply an English translation of it.  2001, c. 25, s. 247 (6).

Municipal code

248. If a council passes a comprehensive general by-law that consolidates and includes the provisions of any by-law previously passed by the council,

(a) the provisions in the comprehensive general by-law shall be deemed to have come into force on the day the original by-law came into force; and

(b) any condition or approval required by law to the making of the original by-law shall, where such condition was satisfied or approval obtained, be deemed to have been satisfied or obtained in respect of the corresponding provision in the comprehensive general by-law.  2001, c. 25, s. 248.

Seal

249. (1) Every by-law of a municipality,

(a) shall be under the seal of the corporation; and

(b) shall be signed by the clerk and by the head of council or presiding officer at the meeting at which the by-law was passed.  2001, c. 25, s. 249 (1).

Failure to seal

(2) If by oversight the seal of the corporation was not affixed to a by-law, it may be affixed at any time afterwards and when so affixed, the by-law is as valid as if it had been originally sealed.  2001, c. 25, s. 249 (2).

By-laws upon application

250. (1) Where by this or any other Act a by-law may be passed by a council upon the application of a prescribed number of electors or inhabitants of the municipality or geographic area, the by-law shall not be finally passed until the clerk has certified that the application was sufficiently signed.  2001, c. 25, s. 250 (1).

Powers

(2) For the purposes of inquiring into the sufficiency of the application, the clerk has the powers of a commission under Part II of the Public Inquiries Act, which Part applies to the inquiry as if it were an inquiry under that Act.  2001, c. 25, s. 250 (2).

Effect of certificate

(3) The certificate of the clerk is conclusive that the application was sufficiently signed.  2001, c. 25, s. 250 (3).

Notice

Notice

251. Where a municipality is required to give notice under a provision of this Act, the municipality shall, except as otherwise provided, give the notice in a form and in the manner and at the times that the council considers adequate to give reasonable notice under the provision.  2001, c. 25, s. 251.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 251 is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 107.  See: 2006, c. 32, Sched. A, ss. 107, 192 (2).

Hearings

Hearings

252. (1) If a council is required by law to hold a hearing or give interested parties an opportunity to be heard before doing any act, passing a by-law or making a decision, the council may delegate that responsibility to a committee of council.  2001, c. 25, s. 252 (1).

Actions of council

(2) The committee shall provide its recommendations to the council after which council may pass the by-law or make the decision.  2001, c. 25, s. 252 (2).

No second hearing

(3) If the committee of council holds a hearing or gives interested parties an opportunity to be heard, council is not required to do so.  2001, c. 25, s. 252 (3).

Proceedings

(4) If the decision to be made by council on a matter is a statutory power of decision within the meaning of the Statutory Powers Procedure Act, that Act, except sections 17, 17.1, 18 and 19, applies to the committee and to the hearing conducted by it.  2001, c. 25, s. 252 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 252 is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 107.  See: 2006, c. 32, Sched. A, ss. 107, 192 (2).

Records

Inspection of records

253. (1) Subject to the Municipal Freedom of Information and Protection of Privacy Act, any person may, at all reasonable times, inspect any of the records under the control of the clerk, including,

(a) by-laws and resolutions of the municipality and of its local boards;

(b) minutes and proceedings of regular, special or committee meetings of the council or local board, whether the minutes and proceedings have been adopted or not;

(c) records considered at a meeting, except those records considered during that part of a meeting that was closed to the public;

(d) the records of the council;

(e) statements of remuneration and expenses prepared under section 284.  2001, c. 25, s. 253 (1).

Certified copies

(2) Upon request, the clerk shall, within a reasonable time, provide a certified copy under seal of the municipality of any record referred to in subsection (1) to any applicant who pays the fee established by council.  2001, c. 25, s. 253 (2).

Retention of records

254. (1) A municipality shall retain and preserve the records of the municipality and its local boards in a secure and accessible manner and, if a local board is a local board of more than one municipality, the affected municipalities are jointly responsible for complying with this subsection.  2001, c. 25, s. 254 (1).

Same, local boards

(2) Despite subsection (1), a local board that has ownership and control of its records shall retain and preserve the records in a secure and accessible manner.  2001, c. 25, s. 254 (2).

Agreement

(3) A municipality, group of municipalities or local board that has a duty to retain and preserve records under this section may enter into an agreement for archival services with an archivist described in subsection (4) with respect to the records but a local board shall not enter into such an agreement without the consent of the municipalities of which it is a local board.  2001, c. 25, s. 254 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (3) is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 108 and the following substituted:

Agreement

(3) If a municipality or a local board has a duty to retain and preserve records under this section, the municipality or local board may enter into an agreement for archival services with respect to the records, but a local board shall not enter into such an agreement without the consent of each of the municipalities of which it is a local board and the municipality shall not enter into such an agreement unless the other municipalities, if any, with whom the municipality has joint duty to retain and preserve the records also are party to the agreement.  2006, c. 32, Sched. A, s. 108.

See: 2006, c. 32, Sched. A, ss. 108, 192 (2).

Archivist

(4) The agreement under subsection (3) may be entered into with,

(a) a local, regional or university archives who shall be deemed to be an archivist for the purposes of this section;

(b) if the agreement relates to records of a municipality, any other archivist who is not an employee of or member of the council of the municipality;

(c) if the agreement relates to records of a local board and a municipality has the duty to retain and preserve the records under this section, any other archivist who is not an employee of the local board or municipality and is not a member of the local board or the council of the municipality; and

(d) if the agreement relates to records of a local board and the local board has the duty to retain and preserve the records under this section, any other archivist who is not an employee of or a member of the local board.  2001, c. 25, s. 254 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (4) is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 108 and the following substituted:

Effect of transfer

(4) Records transferred to a person pursuant to an agreement under subsection (3) remain, for the purposes of the Municipal Freedom of Information and Protection of Privacy Act, under the ownership and control of the municipality or of a local board of the municipality if the local board falls within the definition of or is designated as an institution under that Act.  2006, c. 32, Sched. A, s. 108.

See: 2006, c. 32, Sched. A, ss. 108, 192 (2).

Transfer of records

(5) If a municipality or local board has entered into an agreement under subsection (3), the municipality or the board may transfer to the archivist any record which it has a duty to retain and preserve.  2001, c. 25, s. 254 (5).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (5) is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 108 and the following substituted:

Duties

(5) A person to whom records are transferred pursuant to an agreement under subsection (3) shall retain and preserve the records transferred to it in a secure and accessible manner.  2006, c. 32, Sched. A, s. 108.

See: 2006, c. 32, Sched. A, ss. 108, 192 (2).

Effect of transfer

(6) Records transferred to an archivist pursuant to an agreement under subsection (3) remain, for the purposes of the Municipal Freedom of Information and Protection of Privacy Act, under the ownership and control of the municipality or of a local board thereof if the local board falls within the definition of or is designated as an institution under that Act.  2001, c. 25, s. 254 (6).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (6) is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 108 and the following substituted:

Role of municipality, local board

(6) A municipality and a local board shall ensure that a person to whom records are transferred pursuant to an agreement under subsection (3) fulfils the obligations under subsection (5).  2006, c. 32, Sched. A, s. 108.

See: 2006, c. 32, Sched. A, ss. 108, 192 (2).

Duties of archivist

(7) An archivist that has entered into an agreement under subsection (3) shall retain and preserve the records transferred to it in a secure and accessible manner.  2001, c. 25, s. 254 (7).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (7) is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 108.  See: 2006, c. 32, Sched. A, ss. 108, 192 (2).

Role of municipality, local board

(8) A municipality and a local board shall ensure that an archivist fulfils the obligations under subsection (7).  2001, c. 25, s. 254 (8).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (8) is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 108.  See: 2006, c. 32, Sched. A, ss. 108, 192 (2).

Interpretation

(9) In this section, the requirement to retain and preserve records in an accessible manner means that the records can be retrieved within a reasonable time and that the records are in a format that allows the content of the records to be readily ascertained by a person inspecting the records.  2001, c. 25, s. 254 (9).

Retention periods

255. (1) Except as otherwise provided, a record of a municipality or local board may only be destroyed in accordance with this section.  2001, c. 25, s. 255 (1).

Destruction of records

(2) Despite section 254, a record of a municipality may be destroyed if a retention period for the record has been established under this section and,

Note:  On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 109 (1) by adding “or a local board” after “municipality’ in the portion before clause (a).  See:  2006, c. 32, Sched. A, ss. 109 (1), 192 (2).

(a) the retention period has expired; or

(b) the record is a copy of the original record.  2001, c. 25, s. 255 (2).

Retention periods

(3) A municipality may, subject to the approval of the municipal auditor, establish retention periods during which the records of the municipality and local boards of the municipality must be retained and preserved in accordance with section 254.  2001, c. 25, s. 255 (3).

Joint local boards

(4) Despite subsection (3), if a local board is a local board of more than one municipality, a majority of the affected municipalities may, subject to the approval of the auditor of the local board, establish retention periods during which the records of the local board must be retained and preserved in accordance with section 254.  2001, c. 25, s. 255 (4).

Records transferred

(5) Subsections (1) to (4) continue to apply to records transferred to an archivist under section 254.  2001, c. 25, s. 255 (5).

Note:  On a day to be named by proclamation of the Lieutenant Governor, subsection (5) is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 109 (2) by striking out “an archivist” and substituting “a person”.  See:  2006, c. 32, Sched. A, ss. 109 (2), 192 (2).

Interpretation

(6) In this section,

“record” does not include a record of a police services board that is directly related to any law enforcement activity with respect to a person or body.  2001, c. 25, s. 255 (6).

Eligibility

Eligibility, local municipality

256. Every person is qualified to be elected or to hold office as a member of a council of a local municipality,

(a) who is entitled to be an elector in the local municipality under section 17 of the Municipal Elections Act, 1996; and

(b) who is not disqualified by this or any other Act from holding the office.  2001, c. 25, s. 256.

Eligibility, upper-tier municipality

257. Every person is qualified to be elected or to hold office as a member of a council of an upper-tier municipality,

(a) who is entitled to be an elector in a lower-tier municipality within the upper-tier municipality under section 17 of the Municipal Elections Act, 1996; and

(b) who is not disqualified by this or any other Act from holding the office.  2001, c. 25, s. 257.

Ineligible

258. (1) The following are not eligible to be elected as a member of a council or to hold office as a member of a council:

1. Except in accordance with section 30 of the Municipal Elections Act, 1996, an employee of the municipality or a person who is not an employee of the municipality but who is the clerk or treasurer of the municipality or who holds any administrative position of the municipality.

Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 1 is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 110 and the following substituted:

1. Except in accordance with section 30 of the Municipal Elections Act, 1996,

i. an employee of the municipality,

ii. a person who is not an employee of the municipality but who is the clerk, treasurer, Integrity Commissioner, Auditor General, Ombudsman or registrar referred to in section 223.11 or an investigator referred to in subsection 239.2 (1) of the municipality, or

iii. a person who is not an employee of the municipality but who holds any administrative position of the municipality.

See: 2006, c. 32, Sched. A, ss. 110, 192 (2).

2. A judge of any court.

3. A member of the Assembly as provided in the Legislative Assembly Act or of the Senate or House of Commons of Canada.

4. Except in accordance with Part III of the Public Service Act, a crown employee as defined in that Act.  2001, c. 25, s. 258 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 4 is repealed by the Statutes of Ontario, 2006, chapter 35, Schedule C, section 86 and the following substituted:

4. Except in accordance with Part V of the Public Service of Ontario Act, 2006 and any regulations made under that Part, a public servant within the meaning of that Act.

See: 2006, c. 35, Sched. C, ss. 86, 137 (1).

Disqualification

(2) A member of council of a municipality is disqualified from holding office if, at any time during the term of office of that member, he or she,

(a) ceases to be a Canadian citizen;

(b) is not a resident, the owner or tenant of land or the spouse of an owner or tenant of land in the municipality, in the case of a member of council of a local municipality, or in a lower-tier municipality within the upper-tier municipality, in the case of a member of council of an upper-tier municipality; or

(c) would be prohibited under this or any other Act from voting in an election for the office of member of council of the municipality if an election was held at that time.  2001, c. 25, s. 258 (2); 2005, c. 5, s. 44 (3).

Vacancies

Vacant seat

259. (1) The office of a member of council of a municipality becomes vacant if the member,

(a) becomes disqualified from holding the office of a member of council under section 256, 257 or 258;

(b) fails to make the declaration of office before the deadline in section 232;

(c) is absent from the meetings of council for three successive months without being authorized to do so by a resolution of council;

(d) resigns from his or her office and the resignation is effective under section 260;

(e) is appointed or elected to fill any vacancy in any other office on the same council;

(f) has his or her office declared vacant in any judicial proceeding;

(g) forfeits his or her office under this or any other Act; or

(h) dies, whether before or after accepting office and making the prescribed declarations.  2001, c. 25, s. 259 (1).

Exception

(2) Clause (1) (e) does not apply to vacate the office of a member of an upper-tier council when the member is appointed head of council if the composition of council requires or permits the member to hold both offices.  2001, c. 25, s. 259 (2).

Dual vacancies

(3) If one of the offices of a person who is a member of council of both a local municipality and its upper-tier municipality becomes vacant under this section, the other office also become vacant.  2001, c. 25, s. 259 (3).

Exception

(4) Subsection (3) does not apply to vacate an office of a member when another office of the member becomes vacant if the composition of the councils does not require the member to hold both offices.  2001, c. 25, s. 259 (4).

Resignation as member

260. (1) A member of council of a municipality may resign from office by notice in writing filed with the clerk of the municipality.  2001, c. 25, s. 260 (1).

Restriction

(2) Despite subsection (1), a resignation is not effective if it would reduce the number of members of the council to less than a quorum and, if the member resigning from office is a member of the councils of both a local municipality and its upper-tier municipality, the resignation is not effective if it would reduce the number of members of either council to less than a quorum.  2001, c. 25, s. 260 (2).

Restriction

261. (1) Except where otherwise provided, no person may hold more than one office governed by the Municipal Elections Act, 1996 at the same time anywhere in Ontario.  2001, c. 25, s. 261 (1).

Election void

(2) If a person is nominated for and his or her name appears on the ballots for more than one office and he or she is elected to any of those offices, his or her election is void and the office is vacant.  2001, c. 25, s. 261 (2).

Declaration

262. (1) If the office of a member of a council becomes vacant under section 259, the council shall at its next meeting declare the office to be vacant, except if a vacancy occurs as a result of the death of a member, the declaration may be made at either of its next two meetings.  2001, c. 25, s. 262 (1).

Upper-tier declaration

(2) If an upper-tier municipality declares the office of one of its members who also holds office on the council of a local municipality to be vacant, the upper-tier municipality shall immediately forward a copy of its declaration to the council of the local municipality.  2001, c. 25, s. 262 (2).

Lower-tier declaration

(3) If a local municipality declares the office of one of its members who also holds office on the council of the upper-tier municipality to be vacant, the local municipality shall immediately forward a copy of its declaration to the council of the upper-tier municipality.  2001, c. 25, s. 262 (3).

Filling vacancies

263. (1) If a vacancy occurs in the office of a member of council, the municipality shall, subject to this section,

(a) fill the vacancy by appointing a person who has consented to accept the office if appointed; or

(b) require a by-election to be held to fill the vacancy in accordance with the Municipal Elections Act, 1996.  2001, c. 25, s. 263 (1).

Dual vacancies

(2) If the offices of a person who is a member of council of both a local municipality and its upper-tier municipality become vacant, the local municipality and not the upper-tier municipality shall fill the vacancy in accordance with subsection (1).  2001, c. 25, s. 263 (2).

Court-ordered election

(3) If an order is made in any judicial proceeding requiring a by-election be held to fill a vacancy on a council, the clerk shall hold the by-election in accordance with the Municipal Elections Act, 1996.  2001, c. 25, s. 263 (3).

Vacancy, head of council

(4) Despite subsections (1) to (3), if the head of council of an upper-tier municipality  is required to be appointed by the members of the upper-tier council, the upper-tier municipality shall fill a vacancy in the office of head of council by appointment in the same manner as the head was originally appointed.  2001, c. 25, s. 263 (4).

Rules applying to filling vacancies

(5) The following rules apply to filling vacancies:

1. Within 60 days after the day a declaration of vacancy is made with respect to the vacancy under section 262, the municipality shall,

i. appoint a person to fill the vacancy under subsection (1) or (4), or

ii. pass a by-law requiring a by-election be held to fill the vacancy under subsection (1).

2. Despite paragraph 1, if a court declares an office to be vacant, the council shall act under subsection (1) or (4) within 60 days after the day the court makes its declaration.

3. Despite subsections (1) to (4), if a vacancy occurs within 90 days before voting day of a regular election, the municipality is not required to fill the vacancy.  2001, c. 25, s. 263 (5).

Term

264. A person appointed or elected to fill a vacancy under section 263 shall hold office for the remainder of the term of the person he or she replaced.  2001, c. 25, s. 264.

Application to court

265. (1) Any elector entitled to vote at the election of members of a council may apply to the Superior Court of Justice for a declaration that the office of a member of the council has become vacant in accordance with this Act.  2001, c. 25, s. 265 (1).

Judicial finding

(2) If the court finds that the office of a member of the council has become vacant, it may order the member removed from office and declare the office vacant.  2001, c. 25, s. 265 (2).

Application of S.O. 1996, c. 32

(3) Subsection 83 (3) and sections 85, 86 and 87 of the Municipal Elections Act, 1996 apply to the application as if it were an application under section 83 of that Act.  2001, c. 25, s. 265 (3).

Combined application

(4) The application may be combined with an application under section 83 of the Municipal Elections Act, 1996, in which case the applications shall be heard and disposed of together.  2001, c. 25, s. 265 (4).

Minister’s order

266. (1) If the council of a municipality is unable to hold a meeting for a period of 60 days because of a failure to obtain a quorum, the Minister may by order declare all the offices of the members of the council to be vacant and a by-election shall be held in accordance with the Municipal Elections Act, 1996.  2002, c. 17, Sched. A, s. 45 (1).

Timing

(2) The 60-day period referred to in subsection (1) commences on the day of the first meeting that could not be held because of a failure to obtain a quorum.  2001, c. 25, s. 266 (2).

Interim order

(3) Where the Minister makes an order under subsection (1), or the offices of a majority of the members of a council are for any reason declared vacant, the Minister may by order exercise or appoint one or more persons to exercise the duties and obligations of the council until such time as a by-election is held in accordance with the Municipal Elections Act, 1996, and the members so elected have taken office.  2001, c. 25, s. 266 (3); 2002, c. 17, Sched. A, s. 45 (2).

Note: Effective October 19, 2007 or on an earlier day to be named by proclamation of the Lieutenant Governor, section 266 is amended by the Statutes of Ontario, 2006, chapter 21, Schedule F, subsection 120 (4) by adding the following subsection:

Not regulation

(4) An order of the Minister under this section is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006.  2006, c. 21, Sched. F, s. 120 (4).

See: 2006, c. 21, Sched. F, ss. 120 (4), 143 (1).

Temporary vacancy

267. (1) If a person who is a member of the councils of a local municipality and its upper-tier municipality is unable to act as a member of those councils for a period exceeding one month, the local council may appoint one of its members as an alternate member of the upper-tier council to act in place of the member until the member is able to resume acting as a member of those councils.  2001, c. 25, s. 267 (1).

Alternate member

(2) If the offices of a person who is a member of council of both a local municipality and its upper-tier municipality become vacant and the vacancies will not be filled for a period exceeding one month, the local council may appoint one of its members as an alternate member of the upper-tier council until the vacancies are filled permanently.  2001, c. 25, s. 267 (2).

Exception

(3) This section does not authorize the appointment of an alternate head of council of the upper-tier municipality.  2001, c. 25, s. 267 (3).

Sale of Land

Procedures re: sale of land

268. (1) Every municipality and local board with authority to sell land shall pass a by-law establishing procedures, including the giving of notice to the public, governing the sale of land.  2001, c. 25, s. 268 (1).

Definition

(2) In this section,

“sale” includes a lease of 21 years or longer.  2001, c. 25, s. 268 (2).

Conditions

(3) Before selling any land, every municipality and local board shall,

(a) by by-law or resolution declare the land to be surplus;

(b) obtain at least one appraisal of the fair market value of the land; and

(c) give notice to the public of the proposed sale.  2001, c. 25, s. 268 (3).

No review

(4) The manner in which the municipality or local board carries out the sale of its land, if consistent with this section and with the by-law under subsection (1), is not open to review by any court if the municipality or local board may lawfully sell the property, the purchaser may lawfully buy it and the municipality or local board acted in good faith.  2001, c. 25, s. 268 (4).

Register

(5) Every municipality and local board shall establish and maintain a public register listing and describing the land owned or leased by the municipality or local board.  2001, c. 25, s. 268 (5).

Certificate

(6) The clerk of a municipality or the secretary of a local board may issue a certificate with respect to a sale of land by the municipality or local board verifying that to the best of his or her knowledge the requirements of this section and of a by-law under this section which apply to the sale of land have been complied with.  2001, c. 25, s. 268 (6).

Effect

(7) A certificate under subsection (6) shall be included in a deed or transfer of land and, unless a person to whom the land is sold has notice to the contrary, shall be deemed to be sufficient proof that this section has been complied with.  2001, c. 25, s. 268 (7).

Exclusion, certain classes of land

(8) Clause (3) (b) does not apply to the sale of the following classes of land:

1. Land 0.3 metres or less in width acquired in connection with an approval or decision under the Planning Act.

2. Closed highways if sold to an owner of land abutting the closed highways.

3. Land formerly used for railway lines if sold to an owner of land abutting the former railway land.

4. Land that does not have direct access to a highway if sold to the owner of land abutting that land.

5. Land repurchased by an owner in accordance with section 42 of the Expropriations Act.

6. Land sold under sections 107, 108 and 109.

7. Easements granted to public utilities or to telephone companies.  2001, c. 25, s. 268 (8).

Exclusion, sales to public bodies

(9) Clause (3) (b) does not apply to the sale of land to the following public bodies:

1. A municipality.

2. A local board, including a school board and a conservation authority.

3. The Crown in right of Ontario or Canada and their agencies.  2001, c. 25, s. 268 (9).

Exclusion, classes of land

(10) Subsection (3) does not apply to the sale of the following classes of land:

1. Land sold under section 110.

2. Land to be used for the establishment and carrying on of industries and industrial operations and incidental uses.  2001, c. 25, s. 268 (10).

Exemption from registry

(11) Subsection (5) does not apply to the following classes of land:

1. Land 0.3 metres or less in width acquired in connection with an approval or decision under the Planning Act.

2. Highways.

3. Land formerly used for railway lines.  2001, c. 25, s. 268 (11).

Exemption

(12) This section does not apply to the sale of land under Part XI.  2001, c. 25, s. 268 (12).

Regulations

(13) The Minister may make regulations,

(a) exempting the sale of prescribed classes of land from all or any of the provisions of this section;

(b) removing the requirement to obtain an appraisal of land that is being sold to a prescribed public body;

(c) prescribing classes of land that are not required to be contained in the public register of land under this section.  2001, c. 25, s. 268 (13).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 268 is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 111.  See: 2006, c. 32, Sched, A, ss. 111, 192 (2).

Policies

Interpretation

269. (1) In sections 270 and 271,

Note:  On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 112 by striking out “In sections 270 and 271” at the beginning and substituting “In section 270”.  See:  2006, c. 32, Sched. A, ss. 112, 192 (2).

“local board” means,

(a) a local board as defined in section 1, excluding a police services board and a hospital board,

(b) an area services board, a local services board, a local roads board and any other board, commission or local authority exercising any power with respect to municipal affairs or purposes in unorganized territory, excluding a school board, a hospital board and a conservation authority,

(c) a district social services administration board,

(d) a local housing corporation described in section 23 of the Social Housing Reform Act, 2000, and

(e) any other prescribed body performing a public function.  2001, c. 25, s. 269 (1).

Regulations

(2) The Minister may make regulations prescribing bodies which fall within the definition of “local board” in subsection (1).  2001, c. 25, s. 269 (2).

Hiring of employees

270. (1) Before January 1, 2005, a municipality and a local board shall adopt policies with respect to the hiring of its employees, including policies with respect to,

(a) the hiring of relatives of a member of council or local board, as the case may be;

(b) the hiring of relatives of existing employees of the municipality or local board, as the case may be; and

(c) any other prescribed matter.  2001, c. 25, s. 270 (1).

Regulation

(2) The Minister may prescribe matters for the purpose of clause (1) (c) and the time within which policies must be adopted under subsection (1) with respect to the prescribed matters.  2001, c. 25, s. 270 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 270 is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 113 and the following substituted:

Policies

Adoption of policies

270. (1) A municipality shall adopt and maintain policies with respect to the following matters:

1. Its sale and other disposition of land.

2. Its hiring of employees.

3. Its procurement of goods and services.

4. The circumstances in which the municipality shall provide notice to the public and, if notice is to be provided, the form, manner and times notice shall be given.

5. The manner in which the municipality will try to ensure that it is accountable to the public for its actions, and the manner in which the municipality will try to ensure that its actions are transparent to the public.

6. The delegation of its powers and duties.  2006, c. 32, Sched. A, s. 113.

Policies of local boards

(2) A local board shall adopt and maintain policies with respect to the following matters:

1. Its sale and other disposition of land.

2. Its hiring of employees.

3. Its procurement of goods and services.  2006, c. 32, Sched. A, s. 113.

See: 2006, c. 32, Sched. A, ss. 113, 192 (2).

Procurement of goods

271. (1) Before January 1, 2005, a municipality and a local board shall adopt policies with respect to its procurement of goods and services, including policies with respect to,

(a) the types of procurement processes that shall be used;

(b) the goals to be achieved by using each type of procurement process;

(c) the circumstances under which each type of procurement process shall be used;

(d) the circumstances under which a tendering process is not required;

(e) the circumstances under which in-house bids will be encouraged as part of a tendering process;

(f) how the integrity of each procurement process will be maintained;

(g) how the interests of the municipality or local board, as the case may be, the public and persons participating in a procurement process will be protected;

(h) how and when the procurement processes will be reviewed to evaluate their effectiveness; and

(i) any other prescribed matter.  2001, c. 25, s. 271 (1).

Regulations

(2) The Minister may make regulations,

(a) prescribing matters for the purpose of clause (1) (i) and the time within which policies must be adopted under subsection (1) with respect to the prescribed matters;

(b) establishing policies related to the procurement of goods and services by a municipality and a local board;

(c) requiring a municipality and a local board to comply with the policies established under clause (b) when procuring goods and services.  2001, c. 25, s. 271 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 271 is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 113.  See: 2006, c. 32, Sched. A, ss. 113, 192 (2).

Quashing By-laws

Restriction on quashing by-law

272. A by-law passed in good faith under any Act shall not be quashed or open to review in whole or in part by any court because of the unreasonableness or supposed unreasonableness of the by-law.  2001, c. 25, s. 272.

Application to quash by-law

273. (1) Upon the application of any person, the Superior Court of Justice may quash a by-law of a municipality in whole or in part for illegality.  2001, c. 25, s. 273 (1).

Definition

(2) In this section,

“by-law” includes an order or resolution.  2001, c. 25, s. 273 (2).

Inquiry

(3) If an application to quash alleges a contravention of subsection 90 (3) of the Municipal Elections Act, 1996, the Superior Court of Justice may direct an inquiry into the alleged contravention to be held before an official examiner or a judge of the court, and the evidence of the witnesses in the inquiry shall be given under oath and shall form part of the evidence in the application to quash.  2001, c. 25, s. 273 (3).

Other cases

(4) The court may direct that nothing shall be done under the by-law until the application is disposed of.  2001, c. 25, s. 273 (4).

Timing

(5) An application to quash a by-law in whole or in part, subject to section 415, shall be made within one year after the passing of the by-law.  2001, c. 25, s. 273 (5).

Judicial Investigation

Investigation by judge

274. (1) If a municipality so requests by resolution, a judge of the Superior Court of Justice shall,

(a) investigate any supposed breach of trust or other misconduct of a member of council, an employee of the municipality or a person having a contract with the municipality in relation to the duties or obligations of that person to the municipality;

(b) inquire into any matter connected with the good government of the municipality; or

(c) inquire into the conduct of any part of the public business of the municipality, including business conducted by a commission appointed by the council or elected by the electors.  2001, c. 25, s. 274 (1).

Powers

(2) In making the investigation or inquiry, the judge has the powers of a commission under Part II of the Public Inquiries Act, which Part applies to the investigation or inquiry as if it were an inquiry under that Act.  2001, c. 25, s. 274 (2).

Report

(3) The judge shall report the results of the investigation or inquiry to the council as soon as practicable.  2001, c. 25, s. 274 (3).

Counsel

(4) The council may hire counsel to represent the municipality and pay fees for witnesses who are summoned to give evidence at the investigation or inquiry.  2001, c. 25, s. 274 (4).

Representation by counsel

(5) Any person whose conduct is called into question in the investigation or inquiry may be represented by counsel.  2001, c. 25, s. 274 (5).

Costs

(6) The judge may engage counsel and other persons to assist in the investigation or inquiry and the costs of engaging those persons and any incidental expenses shall be paid by the municipality.  2001, c. 25, s. 274 (6).

Restricted Acts after Nomination Day

Restricted acts

275. (1) The council of a local municipality shall not take any action described in subsection (3) after the first day during the election for a new council on which it can be determined that one of the following applies to the new council that will take office following the election:

1. If the new council will have the same number of members as the outgoing council, the new council will include less than three-quarters of the members of the outgoing council.

2. If the new council will have more members than the outgoing council, the new council will include less than three-quarters of the members of the outgoing council or, if the new council will include at least three-quarters of the members of the outgoing council, three-quarters of the members of the outgoing council will not constitute, at a minimum, a majority of the members of the new council.

3. If the new council will have fewer members than the outgoing council, less than three-quarters of the members of the new council will have been members of the outgoing council or, if at least three-quarters of the members of the new council will have been members of the outgoing council, three-quarters of the members of the new council will not constitute, at a minimum, a majority of the members of the outgoing council.  2001, c. 25, s. 275 (1).

Basis for determination

(2) If a determination under subsection (1) is made,

(a) after nomination day but before voting day, the determination shall be based on the nominations to the new council that have been certified and any acclamations made to the new council; or

(b) after voting day, the determination shall be based on the declaration of the results of the election including declarations of election by acclamation.  2001, c. 25, s. 275 (2).

Restrictions

(3) The actions referred to in subsection (1) are,

(a) the appointment or removal from office of any officer of the municipality;

(b) the hiring or dismissal of any employee of the municipality;

(c) the disposition of any real or personal property of the municipality which had a value exceeding $50,000 when it was acquired by the municipality; and

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (c) is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 114 (1) and the following substituted:

(c) the disposition of any real or personal property of the municipality which has a value exceeding $50,000 at the time of disposal; and

See: 2006, c. 32, Sched. A, ss. 114 (1), 192 (2).

(d) making any expenditures or incurring any other liability which exceeds $50,000.  2001, c. 25, s. 275 (3).

Exception

(4) Clauses (3) (c) and (d) do not apply if the disposition or liability was included in the most recent budget adopted by the council before nomination day in the election.  2001, c. 25, s. 275 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 275 is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 114 (2) by adding the following subsection:

Emergencies

(4.1) Nothing in this section prevents a municipality taking any action in the event of an emergency.  2006, c. 32, Sched. A, s. 114 (2).

See: 2006, c. 32, Sched. A, ss. 114 (2), 192 (2).

Upper-tier council

(5) This section applies with necessary modifications to the council of an upper-tier municipality.  2001, c. 25, s. 275 (5).

Powers unaffected

(6) Nothing in this section prevents any person or body exercising authority delegated by council.  2001, c. 25, s. 275 (6).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (6) is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 114 (3) and the following substituted:

Delegated authority unaffected

(6) Nothing in this section prevents any person or body exercising any authority of a municipality that is delegated to the person or body prior to nomination day for the election of the new council.  2006, c. 32, Sched. A, s. 114 (3).

See: 2006, c. 32, Sched. A, s. 114 (3), 192 (2).

Pensions and Retirement Benefits

Pensions

276. (1), (2) Repealed:  2006, c. 2, s. 49 (1).

Past service

(3) Payments made under the Ontario Municipal Employees Retirement System Act, 2006 with respect to past service may be on a deferred basis or provided for by the issue of debentures and raised in a subsequent year or years and payments with respect to past service and future service shall be deemed to be current expenditures.  2001, c. 25, s. 276 (3); 2006, c. 2, s. 49 (2).

(4), (5) Repealed:  2006, c. 2, s. 49 (3).

Regulations

(6) The Lieutenant Governor in Council may make regulations prescribing limitations or restrictions applicable to pensions provided by municipalities and local boards other than pensions provided under the Ontario Municipal Employees Retirement System Act, 2006.  2001, c. 25, s. 276 (6); 2006, c. 2, s. 49 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 276 is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 115.  See: 2006, c. 32, Sched. A, ss. 115, 192 (2).

Retirement incentives

277. (1) Financial incentives in respect of retirement and severance payments provided to employees by a municipality shall be deemed not to be pensions under this or any other Act.  2001, c. 25, s. 277 (1).

Regulations

(2) The Lieutenant Governor in Council may make regulations prescribing limitations or conditions that apply to the provision by a municipality of financial incentives in respect of retirement and severance payments to its employees or any class of its employees.  2001, c. 25, s. 277 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 277 is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 115.  See: 2006, c. 32, Sched. A, ss. 115, 192 (2).

Insurance

Definitions

278. In sections 279, 280 and 282,

“employee” means any salaried officer, or any other person in the employ of the municipality or of a local board and includes,

(a) a member of the police force of the municipality,

(b) persons that provide their services on behalf of the municipality without remuneration, exclusive of reimbursement of expenses or honoraria, if council of the municipality has passed a by-law designating such persons or classes of persons as employees for the purposes of this section, and

(c) any other person or class of person designated as an employee by the Minister; (“employé”)

“former employee” means a person who was formerly an employee of a municipality or local board; (“ancien employé”)

“former member” means a person who was formerly a member of a council of a municipality or local board; (“ancien membre”)

“local board” means a local board as defined in the Municipal Affairs Act. (“conseil local”)  2001, c. 25, s. 278.

Note: Effective October 19, 2007 or on an earlier day to be named by proclamation of the Lieutenant Governor, section 278 is amended by the Statutes of Ontario, 2006, chapter 21, Schedule F, subsection 120 (5) by adding the following subsection:

Not regulation

(2) A designation by the Minister under this section is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006.  2006, c. 21, Sched. F, s. 120 (5).

See: 2006, c. 21, Sched. F, ss. 120 (5), 143 (1).

Insurance

279. (1) Despite the Insurance Act, a municipality may be or act as an insurer and may exchange with other municipalities in Ontario reciprocal contracts of indemnity or inter-insurance in accordance with Part XIII of the Insurance Act with respect to the following matters:

1. Protection against risks that may involve pecuniary loss or liability on the part of the municipality or any local board of the municipality.

2. The protection of its employees or former employees or those of any local board of the municipality against risks that may involve pecuniary loss or liability on the part of those employees.

3. Subject to section 14 of the Municipal Conflict of Interest Act, the protection of the members or former members of the council or of any local board of the municipality or any class of those members against risks that may involve pecuniary loss or liability on the part of the members.

4. Subject to section 14 of the Municipal Conflict of Interest Act, the payment of any damages or costs awarded against any of its employees, members, former employees or former members or expenses incurred by them as a result of any action or other proceeding arising out of acts or omissions done or made by them in their capacity as employees or members, including while acting in the performance of any statutory duty.

5. Subject to section 14 of the Municipal Conflict of Interest Act, the payment of any sum required in connection with the settlement of an action or other proceeding referred to in paragraph 4 and for assuming the cost of defending the employees or members in the action or proceeding.  2001, c. 25, s. 279 (1).

Limitation

(2) Despite section 387 of the Insurance Act, any surplus funds and the reserve fund of a municipal reciprocal exchange may be invested only in accordance with section 418.  2001, c. 25, s. 279 (2).

Reserve funds

(3) The money raised for a reserve fund of a municipal reciprocal exchange may be spent, pledged or applied to a purpose other than that for which the fund was established if two-thirds of the municipalities that are members of the exchange together with two-thirds of the municipalities that previously were members of the exchange and that may be subject to claims arising while they were members of the exchange, agree in writing and if section 386 of the Insurance Act is complied with.  2001, c. 25, s. 279 (3).

Insurance Act does not apply

(4) The Insurance Act does not apply to a municipality acting as an insurer for the purpose of this section.  2001, c. 25, s. 279 (4).

Powers re: local boards

280. (1) A municipality may contract for insurance for, pay any part of the premiums for or pay for any part of the damages, risks or costs referred to in subsection 279 (1) for any local board of the municipality or for any of the members, former members, employees or former employees of a local board of a municipality.  2001, c. 25, s. 280 (1).

Local board powers

(2) A local board of a municipality has the same powers with respect to itself, its members, former members, employees and former employees to contract for insurance, pay premiums for the insurance, be or act as an insurer, exchange reciprocal contracts of indemnity and to pay damages and costs as are conferred upon a municipality by this Act.  2001, c. 25, s. 280 (2).

Health Benefits

Sick leave credit gratuities

281. (1) Under a plan of sick leave credit gratuities established for employees by a municipality, on the termination of employment, no employee is entitled to more than an amount equal to the salary, wages or other remuneration for one-half the number of days standing to his or her credit up to a maximum of one-half year’s earnings at the rate received by him or her immediately before termination of employment.  2001, c. 25, s. 281 (1).

Local board

(2) Any local board may establish a plan of sick leave credit gratuities for employees or any class of them and this section applies with necessary modifications to the local board.  2001, c. 25, s. 281 (2).

Definition

(3) In this section,

“employee” means “employee” as defined in section 278.  2001, c. 25, s. 281 (3).

Insurance, health, etc.

282. (1) Subject to the Health Insurance Act, a municipality may provide, only through contract either with an insurer licensed under the Insurance Act or with an association registered under the Prepaid Hospital and Medical Services Act,

(a) group life insurance for members of council or any local board of the municipality, employees or former employees of the municipality or any local board of the municipality or any class of them and their spouses and children;

(b) group accident insurance or group sickness insurance for members of council or any local board of the municipality, employees or former employees of the municipality or any local board of the municipality or any class of them and their spouses and children; and

(c) hospital, medical, surgical, nursing or dental services or payments for those services for members of council or any local board of the municipality, employees or former employees of the municipality or any local board of the municipality or any class of them and their spouses and children.  2001, c. 25, s. 282 (1); 2005, c. 5, s. 44 (4).

Local board

(2) Any local board may provide the insurance, services or payments referred to in subsection (1) and may pay for them in the same manner and for the same classes of persons as the council of a municipality, and subsection (1) applies with necessary modifications to the local board.  2001, c. 25, s. 282 (2).

Remuneration and Expenses

Remuneration and expenses

283. (1) A municipality may pay any part of the remuneration and expenses of the members of any local board of the municipality and of the officers and employees of the local board.  2001, c. 25, s. 283 (1).

Limitation

(2) Despite any Act, a municipality may only pay the expenses of the members of its council or of a local board of the municipality and of the officers and employees of the municipality or local board if the expenses are of those persons in their capacity as members, officers or employees and if,

(a) the expenses are actually incurred; or

(b) the expenses are, in lieu of the expenses actually incurred, a reasonable estimate, in the opinion of the council or local board, of the actual expenses that would be incurred.  2001, c. 25, s. 283 (2).

Local boards

(3) A local board of a municipality may pay remuneration to and the expenses incurred by its members, officers and employees to the extent that the municipality is able to do so under this Act.  2001, c. 25, s. 283 (3).

Limitation

(4) No part of the remuneration of a member of a council or local board paid under this section is deemed to be for expenses incidental to his or her duties as a member and a municipality or local board shall not provide that any part of the remuneration is for such deemed expenses.  2001, c. 25, s. 283 (4).

Former by-law

(5) Despite subsection (4), if a resolution of a municipality under subsection 255 (2) or (3) of the old Act is not revoked before January 1, 2003, the resolution shall be deemed to be a by-law of the municipality and one-third of the remuneration paid to the elected members of the council and its local boards is deemed as expenses incident to the discharge of their duties as members of the council or local board.  2001, c. 25, s. 283 (5); 2002, c. 17, Sched. A, s. 46 (1).

Repeal

(6) A council may repeal a by-law under subsection (5) and the repealing by-law shall be effective on January 1 of the year after the year in which it is passed.  2001, c. 25, s. 283 (6).

Review

(7) On or after December 1, 2003, a council shall review a by-law under subsection (5) at a public meeting at least once during the four-year period corresponding to the term of office of its members after a regular election.  2001, c. 25, s. 283 (7); 2002, c. 17, Sched. A, s. 46 (2); 2006, c. 9, Sched. H, s. 5 (4).

If by-law passed under subs. 255 (2) of old Act

(8) If the City of Mississauga, the City of Toronto or the Town of Markham, as the case may be, passes a resolution under subsection 255 (2) of the old Act and, as of January 1, 2003, is deemed to have passed a by-law under subsection (5), then, despite subsection (6), the by-law shall not be repealed by the City of Mississauga, the City of Toronto or the Town of Markham, as the case may be, unless the municipality proposing to repeal the by-law first ceases to provide any pension benefits under the City of Mississauga Act, 1988, section 13 of the City of Toronto Act, 1997 (No. 2) or the Town of Markham Act, 1989, respectively.  2002, c. 17, Sched. A, s. 46 (3).

Note:  On a day to be named by proclamation of the Lieutenant Governor, subsection (8) is amended by the Statutes of Ontario, 2006, chapter 11, Schedule B, subsection 9 (3) by striking out “the City of Toronto” wherever it appears and by striking out “section 13 of the City of Toronto Act, 1997 (No. 2)”.  See:  2006, c. 11, Sched. B, ss. 9 (3), 14 (1).

Note:  On a day to be named by proclamation of the Lieutenant Governor, subsection (8) is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 116 (1) by striking out “the City of Toronto” in two places and by striking out “section 13 of the City of Toronto Act, 1997 (No. 2)”.  See:  2006, c. 32, Sched. A, ss. 116 (1), 192 (2).

If by-law not passed under subs. 255 (2) of old Act

(9) If the City of Mississauga, the City of Toronto or the Town of Markham, as the case may be, does not pass a resolution under subsection 255 (2) of the old Act,

Note:  On a day to be named by proclamation of the Lieutenant Governor, subsection (9) is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 116 (2) by striking out “the City of Toronto” in the portion before clause (a).  See:  2006, c. 32, Sched. A, ss. 116 (2), 192 (2).

(a) despite the City of Mississauga Act, 1988, section 13 of the City of Toronto Act, 1997 (No. 2) or the Town of Markham Act, 1989, the City of Mississauga, the City of Toronto or the Town of Markham, as the case may be, shall not provide a contribution for a pension under those provisions and no calculation of a pension or combination of a pension with another pension shall be made under those provisions in respect of service of a council member after that date; and

Note:  On a day to be named by proclamation of the Lieutenant Governor, clause (a) is amended by the Statutes of Ontario, 2006, chapter 11, Schedule B, subsection 9 (4) by striking out “section 13 of the City of Toronto Act, 1997 (No. 2)” and by striking out “the City of Toronto” in the English version.  See:  2006, c. 11, Sched. B, ss. 9 (4), 14 (1).

Note:  On a day to be named by proclamation of the Lieutenant Governor, clause (a) is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 116 (2) by striking out “section 13 of the City of Toronto Act, 1997 (No. 2)” and by striking out “the City of Toronto”.  See:  2006, c. 32, Sched. A, ss. 116 (2), 192 (2).

(b) any pension benefit earned or accruing under those provisions with respect to service on or before December 31, 2002 shall continue.  2002, c. 17, Sched. A, s. 46 (3).

Regulation

(10) The Minister may, by regulation, prescribe transition rules in respect of the matters set out in subsections (8) and (9).  2002, c. 17, Sched. A, s. 46 (3).

Statement

284. (1) The treasurer of a municipality shall in each year on or before March 31 provide to the council of the municipality an itemized statement on remuneration and expenses paid in the previous year to,

(a) each member of council in respect of his or her services as a member of the council or any other body, including a local board, to which the member has been appointed by council or on which the member holds office by virtue of being a member of council;

(b) each member of council in respect of his or her services as an officer or employee of the municipality or other body described in clause (a); and

(c) each person, other than a member of council, appointed by the municipality to serve as a member of any body, including a local board, in respect of his or her services as a member of the body.  2001, c. 25, s. 284 (1).

Mandatory item

(2) The statement shall identify the by-law under which the remuneration or expenses were authorized to be paid.  2001, c. 25, s. 284 (2).

Statement to be provided to municipality

(3) If, in any year, any body, including a local board, pays remuneration or expenses to one of its members who was appointed by a municipality, the body shall on or before January 31 in the following year provide to the municipality an itemized statement of the remuneration and expenses paid for the year.  2001, c. 25, s. 284 (3).

Public records

(4) Despite the Municipal Freedom of Information and Protection of Privacy Act, statements provided under subsections (1) and (3) are public records.  2001, c. 25, s. 284 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 117 by adding the following section:

Review or Appeal re Delegated Authority

Power to authorize review or appeal

284.1 (1) Without limiting sections 9, 10 and 11, those sections authorize a municipality to provide for a review or appeal of a decision made by a person or body in the exercise or intended exercise of a power or the performance or intended performance of a duty delegated to him, her or it by the municipality under this Act.  2006, c. 32, Sched. A, s. 117.

Scope of power

(2) Without limiting sections 9, 10 and 11, the power described in subsection (1) includes the power,

(a) to designate the person or body, including council, that will conduct the review or appeal, but the municipality cannot designate a person or body without his, her or its consent;

(b) to provide for the powers the person or body conducting the review or appeal may exercise;

(c) to establish procedures with respect to the review or appeal;

(d) to provide for rules for authorizing the person or body conducting the review or appeal to determine when decisions subject to review or appeal come into force, including a retroactive date not earlier than the day on which the by-law was passed.  2006, c. 32, Sched. A, s. 117.

Restriction

(3) A municipality shall not provide for a review or appeal of such decisions as may be prescribed.  2006, c. 32, Sched. A, s. 117.

Reconsideration of decisions

(4) Nothing in this section affects the authority of the person or body to reconsider his, her or its own decisions.  2006, c. 32, Sched. A, s. 117.

Regulations re review or appeal

(5) The Minister may make regulations prescribing decisions for the purposes of subsection (3).  2006, c. 32, Sched. A, s. 117.

See: 2006, c. 32, Sched. A, ss. 117, 192 (2).

PART VII
FINANCIAL ADMINISTRATION

Fiscal year

285. (1) The fiscal year of a municipality and a local board of a municipality is January 1 to December 31.  2001, c. 25, s. 285 (1).

Public hospitals

(2) Despite subsection (1), the fiscal year of a public hospital which is a local board of a municipality is the fiscal year of a public hospital under the Public Hospitals Act.  2001, c. 25, s. 285 (2).

Treasurer

286. (1) A municipality shall appoint a treasurer who is responsible for handling all of the financial affairs of the municipality on behalf of and in the manner directed by the council of the municipality, including,

(a) collecting money payable to the municipality and issuing receipts for those payments;

(b) depositing all money received on behalf of the municipality in a financial institution designated by the municipality;

(c) paying all debts of the municipality and other expenditures authorized by the municipality;

(d) maintaining accurate records and accounts of the financial affairs of the municipality;

(e) providing the council with such information with respect to the financial affairs of the municipality as it requires or requests; 

(f) ensuring investments of the municipality are made in compliance with the regulations made under section 418.  2001, c. 25, s. 286 (1).

Deputy treasurers

(2) The municipality may appoint deputy treasurers who shall have all the powers and duties of the treasurer under this and any other Act.  2001, c. 25, s. 286 (2).

Not required to be an employee

(3) A treasurer or deputy treasurer is not required to be an employee of the municipality.  2001, c. 25, s. 286 (3).

Liability limited

(4) The treasurer or deputy treasurer is not liable for money paid in accordance with the directions of the council of the municipality unless the disposition of the money is expressly provided for under any Act.  2001, c. 25, s. 286 (4).

Delegation

(5) The municipality may delegate to any person all or any of the powers and duties of the treasurer under this or any other Act with respect to the collection of taxes.  2002, c. 17, Sched. A, s. 47.

Continuation despite delegation

(6) The treasurer may continue to exercise the delegated powers and duties, despite the delegation.  2002, c. 17, Sched. A, s. 47.

Bonding requirement

287. (1) A municipality may require its treasurer, deputy treasurer and any other person designated by the municipality, as a condition of acting or continuing to act on behalf of the municipality,

(a) to be bonded in the manner and to the extent designated by the municipality; and

(b) to provide the municipality with proof of the designated bonding at the times and in the manner the municipality requires.  2001, c. 25, s. 287 (1).

Interpretation

(2) For the purposes of subsection (1), a person is bonded if there exists a bond, policy or guarantee contract which protects the municipality in the manner and to the extent designated by the municipality if the person does not faithfully perform his or her duties.  2001, c. 25, s. 287 (2).

Proof of bonding

(3) The council of a municipality shall require proof of the designated bonding to be produced for all persons who are required to be bonded under this section,

(a) at a council meeting at least once each calendar year; and

(b) with respect to a person who is newly appointed, at the first council meeting following the appointment.  2001, c. 25, s. 287 (3).

Costs

(4) The municipality shall pay the costs of the required bonding out of its general fund.  2001, c. 25, s. 287 (4).

Other entities

(5) This section applies with necessary modifications to a local board and a board, body or local authority established or exercising any power or authority with respect to municipal affairs under any Act in unorganized territory, other than a school board.  2001, c. 25, s. 287 (5).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 287 is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 118 and the following substituted:

Signatures of cheques

287. A municipality may provide that the signatures on a cheque of the municipality be mechanically or electronically reproduced.  2006, c. 32, Sched. A, s. 118.

See: 2006, c. 32, Sched. A, ss. 118, 192 (2).

Endorsement of cheques

288. (1) Every cheque issued by a municipality shall be signed by the treasurer and the head of council.  2001, c. 25, s. 288 (1).

Same

(2) A municipality may designate persons to sign cheques in place of the treasurer or the head of council but the same person cannot be designated to sign in place of both of them.  2001, c. 25, s. 288 (2).

Signature may be mechanically reproduced

(3) A municipality may provide that the signatures on a cheque of the municipality be mechanically or electronically reproduced.  2001, c. 25, s. 288 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 288 is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 118.  See: 2006, c. 32, Sched. A, ss. 118, 192 (2).

Yearly budgets, upper-tier

289. (1) An upper-tier municipality shall in each year prepare and adopt a budget including estimates of all sums required during the year for the purposes of the upper-tier municipality including,

Note:  On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 119 (1) by striking out the portion before clause (a) and substituting the following:

Yearly budgets, upper-tier

(1) For each year, an upper-tier municipality shall, in the year or the immediately preceding year, prepare and adopt a budget including estimates of all sums required during the year for the purposes of the upper-tier municipality, including,

See:  2006, c. 32, Sched. A, ss. 119 (1), 192 (2).

(a) amounts sufficient to pay all debts of the upper-tier municipality falling due within the year;

(b) amounts required to be raised for sinking funds or retirement funds;

(c) amounts in respect of debenture debt of lower-tier municipalities for the payment of which the upper-tier municipality is liable; and

(d) amounts required by law to be provided by the upper-tier municipality for any of its local boards, excluding school boards.  2001, c. 25, s. 289 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 289 is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 119 (2) by adding the following subsection:

Exception

(1.1) Despite subsection (1), a budget for a year immediately following a year in which a regular election is held, may only be adopted in the year to which the budget applies.  2006, c. 32, Sched. A, s. 119 (2).

See: 2006, c. 32, Sched. A, ss. 119 (2), 192 (2).

Detail and form

(2) The budget shall,

(a) in such detail and form as the Minister may require, set out the estimated revenues, including the amount the municipality intends to raise on all the rateable property in the municipality by its general upper-tier levy and on less than all the rateable property in the municipality by a special upper-tier levy under section 311, and the estimated expenditures; and

(b) provide that the estimated revenues are equal to the estimated expenditures.  2001, c. 25, s. 289 (2).

Allowance

(3) In preparing the budget, the upper-tier municipality,

Note:  On a day to be named by proclamation of the Lieutenant Governor, subsection (3) is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 119 (3) by adding “for a year” after “budget” in the portion before clause (a).  See:  2006, c. 32, Sched. A, ss. 119 (3), 192 (2).

(a) shall treat any operating surplus of any previous year as revenue that will be available during the current year;

Note:  On a day to be named by proclamation of the Lieutenant Governor, clause (a) is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 119 (3) by striking out “current”.  See:  2006, c. 32, Sched. A, ss. 119 (3), 192 (2).

(b) shall provide for any operating deficit of any previous year;

(c) shall provide for taxes and other revenues that in the opinion of the treasurer are uncollectible and for which provision has not been previously made;

(d) may provide for taxes and other revenues that it is estimated will not be collected during the year; and

(e) may provide for such reserves as the upper-tier municipality considers necessary.  2001, c. 25, s. 289 (3).

Application of provisions

(4) Section 34 of the Assessment Act and section 353 of this Act apply with necessary modifications to the upper-tier municipality.  2001, c. 25, s. 289 (4).

Yearly budget from boards, etc.

(5) The upper-tier municipality may by by-law require that the current year’s budget of every board, commission or other body, for which the municipality is required by law to provide money, be submitted to the municipality on or before March 1 in each year and that the budget shall be in such detail and form as the by-law provides.  2001, c. 25, s. 289 (5).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (5) is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 119 (4) and the following substituted:

Yearly budget from boards, etc.

(5) Despite any other Act, for the purpose of preparing and adopting its budget for a year, the upper-tier municipality may by by-law require that the year’s budget of every board, commission or other body, for which the municipality is required by law to provide money, be submitted to the municipality on or before a date specified by the municipality and that the budget shall be in such detail and form as the by-law provides.  2006, c. 32, Sched. A, s. 119 (4).

See: 2006, c. 32, Sched. A, ss. 119 (4), 192 (2).

Note: Effective October 19, 2007 or on an earlier day to be named by proclamation of the Lieutenant Governor, section 289 is amended by the Statutes of Ontario, 2006, chapter 21, Schedule F, subsection 120 (6) by adding the following subsection:

Legislation Act, 2006

(6) Part III (Regulations) of the Legislation Act, 2006 does not apply to a requirement of the Minister under clause (2) (a).  2006, c. 21, Sched. F, s. 120 (6).

See: 2006, c. 21, Sched. F, ss. 120 (6), 143 (1).

Yearly budget, local municipalities

290. (1) A local municipality shall in each year prepare and adopt a budget including estimates of all sums required during the year for the purposes of the municipality including,

Note:  On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 120 (1) by striking out the portion before clause (a) and substituting the following:

Yearly budget, local municipalities

(1) For each year, a local municipality shall, in the year or the immediately preceding year, prepare and adopt a budget including estimates of all sums required during the year for the purposes of the municipality, including,

See:  2006, c. 32, Sched. A, ss. 120 (1), 192 (2).

(a) amounts sufficient to pay all debts of the municipality falling due within the year;

(b) amounts required to be raised for sinking funds or retirement funds; and

(c) amounts required for any board, commission or other body.  2001, c. 25, s. 290 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 290 is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 120 (2) by adding the following subsection:

Exception

(1.1) Despite subsection (1), a budget for a year immediately following a year in which a regular election is held, may only be adopted in the year to which the budget applies.  2006, c. 32, Sched. A, s. 120 (2).

See: 2006, c. 32, Sched. A, ss. 120 (2), 192 (2).

Detail and form

(2) The budget shall,

(a) in such detail and form as the Minister may require, set out the estimated revenues, including the amount the municipality intends to raise on all the rateable property in the municipality by its general local municipality levy and on less than all the rateable property in the municipality by a special local municipality levy under section 312, and the estimated expenditures; and

(b) provide that the estimated revenues are equal to the estimated expenditures.  2001, c. 25, s. 290 (2).

Allowance

(3) In preparing the budget, the local municipality,

Note:  On a day to be named by proclamation of the Lieutenant Governor, subsection (3) is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 120 (3) by adding “for a year” after “budget” in the portion before clause (a).  See:  2006, c. 32, Sched. A, ss. 120 (3), 192 (2).

(a) shall treat any operating surplus of any previous year as revenue that will be available during the current year;

Note:  On a day to be named by proclamation of the Lieutenant Governor, clause (a) is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 120 (3) by striking out “current”.  See:  2006, c. 32, Sched. A, ss. 120 (3), 192 (2).

(b) shall provide for any operating deficit of any previous year and for the cost of the collection of taxes and any abatement or discount of taxes;

(c) shall provide for taxes and other revenues that in the opinion of the treasurer are uncollectible and for which provision has not been previously made;

(d) may provide for taxes and other revenues that it is estimated will not be collected during the year; and

(e) may provide for such reserves as the municipality considers necessary.  2001, c. 25, s. 290 (3).

Yearly budget from boards, etc.

(4) The local municipality may by by-law require that the current year’s budget of every board, commission or other body, other than an upper-tier municipality or school board, for which the municipality is required by law to levy a tax or provide money, be submitted to the municipality on or before March 1 in each year and that the budget shall be in such detail and form as the by-law provides.  2001, c. 25, s. 290 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (4) is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 120 (4) and the following substituted:

Yearly budget from boards, etc.

(4) Despite any other Act, for the purpose of preparing and adopting its budget for a year, the local municipality may by by-law require that the year’s budget of every board, commission or other body, other than an upper-tier municipality or school board, for which the municipality is required by law to levy a tax or provide money, be submitted to the municipality on or before a date specified by the local municipality, and that the budget shall be in such detail and form as the by-law provides.  2006, c. 32, Sched. A, s. 120 (4).

See: 2006, c. 32, Sched. A, ss. 120 (4), 192 (2).

Note: Effective October 19, 2007 or on an earlier day to be named by proclamation of the Lieutenant Governor, section 290 is amended by the Statutes of Ontario, 2006, chapter 21, Schedule F, subsection 120 (7) by adding the following subsection:

Legislation Act, 2006

(5) Part III (Regulations) of the Legislation Act, 2006 does not apply to a requirement of the Minister under clause (2) (a).  2006, c. 21, Sched. F, s. 120 (7).

See: 2006, c. 21, Sched. F, ss. 120 (7), 143 (1).

Notice

291. (1) Before adopting all or part of a budget under section 289 or 290, or amending such a budget, a municipality shall give public notice of its intention to adopt or amend the budget at a council meeting specified in the notice.  2001, c. 25, s. 291 (1).

Public statement

(2) If a budget is not adopted or amended at the council meeting specified in a notice under subsection (1) but consideration of the matter is deferred, no further notice is required under subsection (1) if a public statement is made at the meeting that the matter has been deferred and that the municipality now intends to adopt or amend the budget at a later council meeting specified in the public statement.  2001, c. 25, s. 291 (2).

Further deferral

(3) If a budget is not adopted or amended at the council meeting specified in a public statement under subsection (2), no further notice is required under subsection (1) if a public statement is made at the meeting that the matter has been deferred and that the municipality now intends to adopt or amend the budget at a later council meeting specified in the public statement.  2001, c. 25, s. 291 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 291 is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 121 and the following substituted:

Multi-year budget

291. (1) Despite sections 289 and 290, a municipality may prepare and adopt a budget covering a period of two to five years in the first year to which the budget applies or in the year immediately preceding the first year to which the budget applies.  2006, c. 32, Sched. A, s. 121.

Restriction

(2) Despite subsection (1), if the first year of a multi-year budget immediately follows a year in which a regular election is held, the budget may only be adopted in the first year to which the budget applies.  2006, c. 32, Sched. A, s. 121.

First year

(3) Except as provided in subsection (1), the provisions of the budget for the first year to which the multi-year budget applies shall comply with the requirements of section 289 or 290, as the case may be.  2006, c. 32, Sched. A, s. 121.

Other years, mandatory review of annual budget

(4) For the second and each subsequent year to which a multi-year budget applies, the municipality shall, in the year or the immediately preceding year,

(a) review the budget for that year;

(b) make such changes as are required for the purpose of making the provisions of the budget for that year comply with the requirements of section 289, except clause 289 (3) (a) or section 290, except clause 290 (3) (a), as the case may be; and

(c) readopt the budget for that year and for subsequent years to which the budget applies.  2006, c. 32, Sched. A, s. 121.

Exception

(5) Despite subsection (4), if a year for which a budget is being reviewed and changed is a year immediately following a year in which a regular election is held, the budget may only be readopted in the year for which the budget is being reviewed and changed.  2006, c. 32, Sched. A, s. 121.

Power and duty not affected

(6) Nothing in this section,

(a) limits the power of a municipality to amend or revoke a budget adopted or readopted under this section; or

(b) removes the obligation of a municipality to levy taxes in each year.  2006, c. 32, Sched. A, s. 121.

Deemed adoption

(7) The budget for the first year of a multi-year budget adopted under subsection (1) and the budget for the first year of the remaining years in a multi-year budget readopted under subsection (4) is deemed, for the purposes of this and every other Act, to be the budget or estimates adopted for the year under section 289 or 290, as the case may be, and, before a budget is adopted or readopted for the year under this section, the municipality is deemed, for the purposes of this and every other Act, not to have adopted a budget or estimates for that year under this Part.  2006, c. 32, Sched. A, s. 121.

Submission of budgets of boards, etc.

(8) Despite any other Act, for the purpose of adopting a multi-year budget for two or more years or readopting a multi-year budget for one or more remaining years, a municipality may by by-law require that a budget for the year or years of every board, commission or other body, other than a school board, for which the municipality is required by law to levy a tax or provide money, be submitted to the municipality on or before a date specified by the municipality and that the budget shall be in such detail and form as the by-law provides.  2006, c. 32, Sched. A, s. 121.

See: 2006, c. 32, Sched. A, ss. 121, 192 (2).

Change in financial reporting requirements, regulations

292. (1) If changes in the financial reporting requirements of a municipality or local board affect the operating surplus or deficit of the municipality or local board, the Minister may make regulations,

(a) phasing-in or authorizing the municipality or local board to phase-in the changes in its budget over a period of years; and

(b) governing the phase-in.  2001, c. 25, s. 292 (1).

Retroactive

(2) A regulation under this section may be retroactive to January 1 of the year in which the regulation is made.  2001, c. 25, s. 292 (2).

Regulations, reserve fund

293. The Minister may make regulations,

(a) requiring a municipality to establish a reserve fund designated for prescribed liabilities of the municipality which are incurred but not payable until later years;

(b) defining “liabilities” of the municipality which are incurred for the purpose of clause (a);

(c) requiring a municipality to make payments into the reserve fund to fund all or part of a prescribed liability at the prescribed times and in the prescribed manner;

(d) prohibiting the municipality from changing the purpose for which the reserve fund is designated;

(e) prescribing the conditions under which and the purposes for which the municipality may,

(i) change the designation of all or any part of the reserve fund, and

(ii) borrow from the reserve fund.  2001, c. 25, s. 293.

Annual return

294. (1) The treasurer of a municipality shall in each year provide the Minister with a return containing information designated by the Minister with respect to the financial affairs of the municipality, at the times and in the manner and form designated by the Minister.  2001, c. 25, s. 294 (1).

Offence

(2) A treasurer who contravenes subsection (1) is guilty of an offence.  2001, c. 25, s. 294 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 122.  See: 2006, c. 32, Sched. A, ss. 122, 192 (2).

Tabulation

(3) The Minister shall for each year prepare a tabulated statement of the returns received under this section for that year which shall be laid before the Legislative Assembly.  2001, c. 25, s. 294 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (3) is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 122.  See: 2006, c. 32, Sched. A, ss. 122, 192 (2).

Note: Effective October 19, 2007 or on an earlier day to be named by proclamation of the Lieutenant Governor, section 294 is amended by the Statutes of Ontario, 2006, chapter 21, Schedule F, subsection 120 (8) by adding the following subsection:

Not regulation

(4) A designation by the Minister under subsection (1) is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006.  2006, c. 21, Sched. F, s. 120 (8).

See: 2006, c. 21, Sched. F, ss. 120 (8), 143 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by the Statutes of Ontario, 2006, chapter 32, Schedule  A, section 123 by adding the following section:

Annual financial statements

294.1 A municipality shall, for each fiscal year, prepare annual financial statements for the municipality in accordance with generally accepted accounting principles for local governments as recommended, from time to time, by the Public Sector Accounting Board of the Canadian Institute of Chartered Accountants.  2006, c. 32, Sched. A, s. 123.

See: 2006, c. 32, Sched. A, ss. 123, 192 (2).

Publication of financial statements, etc.

295. (1) Within 60 days after receiving the audited financial statements of the municipality for the previous year, the treasurer of the municipality,

(a) shall publish in a newspaper having general circulation in the municipality,

(i) a copy of the audited financial statements, the notes to the financial statements, the auditor’s report and the tax rate information for the current and previous year as contained in the financial review, or

(ii) a notice that the information described in subclause (i) will be made available at no cost to any taxpayer or resident of the municipality upon request; and

(b) may provide the information described in subclause (a) (i) or (ii) to such persons and in such other manner as the treasurer considers appropriate.  2001, c. 25, s. 295 (1).

Copy to be provided at no cost

(2) If a request is made under subsection (1), the treasurer shall provide a copy of the information to the taxpayer or resident at no cost.  2001, c. 25, s. 295 (2).

Auditor

296. (1) A municipality shall appoint an auditor licensed under the Public Accounting Act, 2004 who is responsible for,

(a) annually auditing the accounts and transactions of the municipality and its local boards and expressing an opinion on the financial statements of these bodies based on the audit;

Note:  On a day to be named by proclamation of the Lieutenant Governor, clause (a) is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 124 (1) by adding “and” at the end.  See:  2006, c. 32, Sched. A, ss. 124 (1), 192 (2).

(b) performing duties designated by the Minister; and

Note:  On a day to be named by proclamation of the Lieutenant Governor, clause (b) is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 124 (1) and the following substituted:

(b) performing duties required by the municipality or local board.

See:  2006, c. 32, Sched. A, ss. 124 (1), 192 (2).

(c) performing duties required by the municipality or local board which do not conflict with the duties designated by the Minister.  2001, c. 25, s. 296 (1); 2004, c. 8, s. 46.

Note:  On a day to be named by proclamation of the Lieutenant Governor, clause (c) is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 124 (1).  See:  2006, c. 32, Sched. A, ss. 124 (1), 192 (2).

Scope

(2) A duty designated by the Minister under this section may be general or specific in its application and may be restricted to the municipalities, local boards or auditors designated.  2001, c. 25, s. 296 (2).

Note: Effective October 19, 2007 or on an earlier day to be named by proclamation of the Lieutenant Governor, section 296 is amended by the Statutes of Ontario, 2006, chapter 21, Schedule F, subsection 120 (9) by adding the following subsection:

Not regulation

(2.1) A designation by the Minister under this section is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006.  2006, c. 21, Sched. F, s. 120 (9).

See: 2006, c. 21, Sched. F, ss. 120 (9), 143 (1).

Term

(3) An auditor of a municipality shall not be appointed for a term exceeding five years.  2001, c. 25, s. 296 (3).

Non-employee

(4) Despite any Act, the auditor of a municipality shall not be an employee of the municipality or of a local board of the municipality.  2001, c. 25, s. 296 (4).

Reporting relationship

(5) The auditor of a municipality shall report to the council of the municipality.  2001, c. 25, s. 296 (5).

Inspection

(6) The reports of the auditor provided to council under clauses (1) (a) and (b) are public records and may be inspected by any person at the clerk’s office during normal office hours.  2001, c. 25, s. 296 (6).

Note:  On a day to be named by proclamation of the Lieutenant Governor, subsection (6) is amended by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 124 (2) by striking out “clauses (1) (a) and (b)” and substituting “clause (1) (a)”.  See:  2006, c. 32, Sched. A, ss. 124 (2), 192 (2).

Copies

(7) A person may make copies of the reports upon payment of the fee established by the clerk which shall not exceed the lowest rate the clerk charges for copies of other records.  2001, c. 25, s. 296 (7).

Separate opinion not required

(8) An auditor is not required in any report to council to provide a separate opinion with respect to each reserve fund except as otherwise provided in any Act.  2001, c. 25, s. 296 (8).

Payment of fees

(9) Where an auditor of a municipality audits a local board, the municipality shall pay the fees of the auditor and may collect the fees as a debt of the local board payable to the municipality.  2001, c. 25, s. 296 (9).

Joint boards

(10) If a local board is a local board of more than one municipality, only the auditor of the municipality which is responsible for the largest share of the operating costs of the local board is required to audit the local board.  2001, c. 25, s. 296 (10).

Consolidated statements

(11) Where the financial statements of a municipality and a local board are consolidated, the municipality may require the local board to be audited as if it were part of the municipality, in which case, the auditor of the municipality is not required to provide a separate opinion with respect to the statements of the local board.  2001, c. 25, s. 296 (11).

Separate auditor not required

(12) Despite any Act, other than Part IX of the Education Act, a local board is not required to have its own auditor.  2001, c. 25, s. 296 (12).

Unorganized territory

(13) A board, commission, body or local authority established or exercising any power or authority with respect to municipal affairs under any Act in unorganized territory shall appoint an auditor and the provisions of this Act with respect to audits apply with necessary modifications to that board, commission, body or local authority.  2001, c. 25, s. 296 (13).

Right of access

297. (1) The auditor of a municipality has right of access at all reasonable hours to all records of the municipality or any of its local boards.  2001, c. 25, s. 297 (1).

Information

(2) The auditor may require from the current and former members of council and local boards and from the current and former officers of the municipality and its local boards such information and explanation as in his or her opinion is necessary to carry out the duties of the auditor.  2001, c. 25, s. 297 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 125 and the following substituted:

Information

(2) The auditor may require from the current and former members of council and local boards and from the current and former officers and employees of the municipality and its local boards such information and explanation as in his or her opinion is necessary to carry out the duties of the auditor.  2006, c. 32, Sched. A, s. 125.

See: 2006, c. 32, Sched. A, ss. 125, 192 (2).

Evidence on oath

(3) The auditor may require any person to give evidence on oath respecting any of the information and explanation under subsection (2) and for that purpose has the powers of a commission under Part II of the Public Inquiries Act, which Part applies as if the taking of the evidence were an inquiry under that Act.  2001, c. 25, s. 297 (3).

Auditor may attend meetings

(4) The auditor may attend any meeting of members of council or any local board of the municipality and is entitled,

(a) to receive all notices relating to the meeting that any member is entitled to receive; and

(b) to make representations at that meeting on any matter that concerns him or her as auditor.  2001, c. 25, s. 297 (4).

Default in providing information

298. The Minister of Finance may retain any money payable to a municipality if the municipality or any officer of the municipality has not provided the Minister of Municipal Affairs and Housing with any information that the municipality or officer is required to provide under this Part.  2001, c. 25, s. 298.

Information re: municipal operations

299. (1) In this section,

“municipality” includes,

(a) a local board,

(b) a conservation authority,

(c) any board, commission or local authority exercising any power with respect to municipal purposes, excluding school purposes, in unorganized territory, and

(d) any other body performing a public function designated by the Minister.  2001, c. 25, s. 299 (1).

Standards

(2) A municipality shall establish objectives and standards with respect to any matter designated by the Minister related to the efficiency and effectiveness of the municipality’s operation.  2001, c. 25, s. 299 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 126 (1).  See: 2006, c. 32, Sched. A, ss. 126 (1), 192 (2).

Information to be provided

(3) A municipality shall provide the Minister with information designated by the Minister which, in the Minister’s opinion, relate to the efficiency and effectiveness of the municipality’s operations, at the times and in the manner and form designated by the Minister.  2001, c. 25, s. 299 (3).

Publication

(4) A municipality shall publish all or such portion of the information as may be designated by the Minister at the times and in the manner and form designated by the Minister.  2001, c. 25, s. 299 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (4) is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 126 (2) and the following substituted:

Publication

(4) A municipality shall publish all or such portion of the information as may be designated by the Minister at the times designated by the Minister but in the manner and form determined by the municipality.  2006, c. 32, Sched. A, s. 126 (2).

See: 2006, c. 32, Sched. A, ss. 126 (2), 192 (2).

Review

(5) A municipality shall have the information under subsections (2) and (3), or such other portions of it as the Minister may designate,

(a) reviewed or audited at the times and in the manner and form designated by the Minister; and

(b) made available to a person designated by the Minister so that the information or portion of it can be reviewed or audited by the person at the times and in the manner and form designated by the Minister.  2001, c. 25, s. 299 (5).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (5) is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, subsection 126 (2).  See: 2006, c. 32, Sched. A, ss. 126 (2), 192 (2).

Scope

(6) A designation by the Minister under this section may be general or specific in its application.  2001, c. 25, s. 299 (6).

Note: Effective October 19, 2007 or on an earlier day to be named by proclamation of the Lieutenant Governor, section 299 is amended by the Statutes of Ontario, 2006, chapter 21, Schedule F, subsection 120 (10) by adding the following subsection:

Not regulation

(7) A designation by the Minister under this section is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006.  2006, c. 21, Sched. F, s. 120 (10).

See: 2006, c. 21, Sched. F, ss. 120 (10), 143 (1).

Notice re: improvements in service

300. (1) A municipality shall, at least once each calendar year, provide notice to the public of,

(a) improvements in the efficiency and effectiveness of the delivery of services by the municipality and its local boards; and

(b) barriers identified by the municipality and its local boards to achieving improvements in the efficiency and effectiveness of the delivery of services by them.  2001, c. 25, s. 300 (1).

Form of notice

(2) The Minister may designate the manner and form in which notice shall be given under this section.  2001, c. 25, s. 300 (2).

Note: Effective October 19, 2007 or on an earlier day to be named by proclamation of the Lieutenant Governor, section 300 is amended by the Statutes of Ontario, 2006, chapter 21, Schedule F, subsection 120 (11) by adding the following subsection:

Not regulation

(3) A designation by the Minister under subsection (2) is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006.  2006, c. 21, Sched. F, s. 120 (11).

See: 2006, c. 21, Sched. F, ss. 120 (11), 143 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 300 is repealed by the Statutes of Ontario, 2006, chapter 32, Schedule A, section 127.  See: 2006, c. 32, Sched. A, ss. 127, 192 (2).

Financial information

301. The Minister of Finance may by regulation require municipalities to provide to the Minister of Finance, at the times and in the manner and form prescribed, copies of by-laws made under Parts VIII and IX and any other information specified in the regulation.  2001, c. 25, s. 301.

Financial assistance

302. (1) In this section and in section 303,

Note:  On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by the Statutes of Ontario, 2006, chapter 32, section 128 by striking out “and in section 303” in the portion before the definition of “municipality”.  See:  2006, c. 32, Sched. A, ss. 128, 192 (2).

“municipality” includes,

(a) a local board, including a school board and a conservation authority,

(b) a First Nation,

(c) a board, commission or other local authority exercising any power with respect to municipal affairs or purposes, including school purposes, in unorganized territory, and

(d) any other body performing a public function prescribed by the Minister.  2001, c. 25, s. 302 (1).

Grants and loans

(2) The Minister may, upon such conditions as may be considered advisable, make grants and loans and provide other financial assistance to a municipality.  2001, c. 25, s. 302 (2).

Regulations

(3) The Minister may make regulations providing that other bodies performing a public function are municipalities for the purpose of this section.  2001, c. 25, s. 302 (3).

Standards for activities

303. (1) Upon the recommendation of the Minister, the Lieutenant Governor in Council may, if of the opinion that a matter is of provincial significance, make regulations,

(a) establishing standards for activities of municipalities including the provision of services; and

(b) requiring municipalities to comply with the standards when carrying out the activity.  2001, c. 25, s. 303 (1).

Failure to comply

(2) If, in the opinion of the Minister, a municipality fails to comply with a standard established under this section, the Minister may, by order,

(a) reduce a grant, loan or other financial assistance that the Minister would otherwise have provided to the municipality under this Act;

(b) require the municipality to pay to the Minister an amount not exceeding the total value of grants, loans and other financial assistance provided under this Act to the municipality in the year the municipality failed to comply with the standard;

(c) if a grant, loan