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

Municipal Act, 2001

S.O. 2001, Chapter 25

Historical version for the period December 31, 2017 to December 31, 2017.

Last amendment: 2017, c. 34, Sched. 35, s. 28.

Legislative History: 2002, c. 8, Sched. I, s. 17; 2002, c. 17, Sched. A; 2002, c. 22, s. 151-161; 2002, c. 24, Sched. B, s. 25, 42; 2002, c. 33, s. 145; 2003, c. 4, s. 12; 2003, c. 7, s. 14; 2004, c. 7, s. 11-13; 2004, c. 8, s. 46, Table; 2004, c. 31, Sched. 26; 2005, c. 5, s. 44; 2005, c. 8; 2005, c. 31, Sched. 17; 2005, c. 33, s. 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, s. 120, 136 (1); 2006, c. 23, s. 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, s. 86, 134 (3); 2007, c. 7, Sched. 26; 2007, c. 8, s. 218; 2008, c. 7, Sched. O; 2008, c. 14, s. 56; 2009, c. 18, Sched. 18; CTS 4 AU 09 - 2; CTS 4 AU 09 - 3; 2009, c. 22, s. 99; 2009, c. 29, s. 11; 2009, c. 33, Sched. 2, s. 47; 2009, c. 33, Sched. 4, s. 4; 2009, c. 33, Sched. 6, s. 72; 2009, c. 33, Sched. 8, s. 14; 2009, c. 33, Sched. 21, s. 6; 2009, c. 33, Sched. 26, s. 5; 2009, c. 34, Sched. I, s. 22; CTS 10 MR 10 - 1; CTS 27 AL 10 - 2; 2010, c. 16, Sched. 12, s. 3; 2011, c. 6, Sched. 1, s. 187; 2013, c. 13, Sched. 1, s. 16; 2014, c. 13, Sched. 9, s. 21, 22; 2015, c. 27, Sched. 5, s. 4; 2015, c. 38, Sched. 7, s. 53; 2015, c. 38, Sched. 15; 2016, c. 5, Sched. 16; CTS 20 AL 16 - 2; 2016, c. 37, Sched. 15; 2017, c. 5, Sched. 2, s. 27; 2017, c. 8, Sched. 19; 2017, c. 10, Sched. 1; 2017, c. 14, Sched. 4, s. 23; 2017, c. 20, Sched. 8, s. 99; 2017, c. 20, Sched. 11, s. 26; 2017, c. 23, Sched. 5, s. 40-59; 2017, c. 25, Sched. 9, s. 103; 2017, c. 34, Sched. 28; 2017, c. 34, Sched. 35, s. 28.

CONTENTS

 

PART I
GENERAL

Interpretation

1 (1) In this Act,

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

“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”)

“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 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”)

“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”)

“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”)

“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”)

“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”)

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

“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); 2006, c. 32, Sched. A, s. 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).

Taxes of a municipality

(6) In this Act, except in Part IX.1 (Optional Tax on Vacant Residential Units), a reference to a tax of a municipality or any other expression meaning a tax of a municipality does not include a tax imposed under Part IX.1, unless the context requires otherwise. 2017, c. 8, Sched. 19, s. 1.

Same

(7) In this Act, except in Part XII.1 (Power to Impose Transient Accommodation Tax), a reference to a tax of a municipality or any other expression meaning a tax of a municipality does not include a transient accommodation tax imposed under Part XII.1, unless the context requires otherwise. 2017, c. 8, Sched. 19, s. 1.

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

2002, c. 17, Sched. A, s. 1 (1-3) - 01/01/2003

2005, c. 5, s. 44 (1, 2) - 13/06/2005

2006, c. 9, Sched. H, s. 5 (1) - 18/05/2006; 2006, c. 32, Sched. A, s. 1 (1-3) - 01/01/2007

2017, c. 8, Sched. 19, s. 1 - 01/12/2017

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.

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

2006, c. 32, Sched. A, s. 2 - 01/01/2007

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).

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

2005, c. 8, s. 1 - 13/06/2005

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.

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

2006, c. 32, Sched. A, s. 3 - 01/01/2007

Body corporate

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

Non-application

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

Note: On the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force, section 4 of the Act is repealed and the following substituted: (See: 2017, c. 20, Sched. 8, s. 99 (1))

Body corporate

4 The inhabitants of every municipality are incorporated as a body corporate. 2017, c. 20, Sched. 8, s. 99 (1).

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

2006, c. 32, Sched. A, s. 4 - 01/01/2007

2017, c. 20, Sched. 8, s. 99 (1) - not in force

Application of Acts

4.1 (1) The Not-for-Profit Corporations Act, 2010 and the Corporations Information Act do not apply to a municipality. 2017, c. 20, Sched. 8, s. 99 (1).

Local boards and Not-for-Profit Corporations Act, 2010

(2) Except as prescribed, the Not-for-Profit Corporations Act, 2010 does not apply to a local board that is a body corporate. 2017, c. 20, Sched. 8, s. 99 (1).

Regulations

(3) The Lieutenant Governor in Council may, by regulation, prescribe for the purposes of subsection (2),

(a) a local board;

(b) the provisions of the Not-for-Profit Corporations Act, 2010 that are to apply to the local board; and

(c) any modifications subject to which those provisions are to apply to the local board. 2017, c. 20, Sched. 8, s. 99 (1).

Definition

(4) In this section,

“local board” means a local board other than,

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

(b) a board of management established under the Long-Term Care Homes Act, 2007,

(c) a body corporate established under the Planning Act, or

(d) a municipal service board established under this Act. 2017, c. 20, Sched. 8, s. 99 (1).

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

2017, c. 20, Sched. 8, s. 99 (1) - not in force

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 9, shall be exercised by by-law unless the municipality is specifically authorized to do otherwise.  2001, c. 25, s. 5 (3); 2006, c. 32, Sched. A, s. 5.

Scope

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

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

2006, c. 32, Sched. A, s. 5 - 01/01/2007

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.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 6 (2) of the Act is amended by striking out “with the approval of the Ontario Municipal Board” and substituting “with the approval of the Local Planning Appeal Tribunal”. (See: 2017, c. 23, Sched. 5, s. 40)

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

2002, c. 17, Sched. A, s. 2 - 01/01/2003

2017, c. 23, Sched. 5, s. 40 - not in force

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), 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.

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.

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).

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

2006, c. 11, Sched. B, s. 9 (1) - 01/01/2007; 2006, c. 32, Sched. A, s. 6 - 01/01/2007

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 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.  2006, c. 11, Sched. B, s. 9 (2); 2006, c. 32, Sched. A, s. 7.

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).

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

2006, c. 11, Sched. B, s. 9 (2) - 01/01/2007; 2006, c. 32, Sched. A, s. 7 - 01/01/2007

PART II
GENERAL MUNICIPAL POWERS

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.

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

2006, c. 32, Sched. A, s. 8 - 01/01/2007

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.

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

2002, c. 17, Sched. A, s. 3 - 01/01/2003

2006, c. 32, Sched. A, s. 8 - 01/01/2007

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, including respecting climate change.

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; 2017, c. 10, Sched. 1, s. 1.

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,

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (a) of the definition of “local board” in subsection 10 (6) of the Act is repealed and the following substituted: (See: 2017, c. 14, Sched. 4, s. 23 (1))

(a) a society as defined in subsection 2 (1) of the Child, Youth and Family Services Act, 2017,

(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 Long-Term Care Homes Act, 2007,

(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; 2007, c. 8, s. 218 (1).

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

2006, c. 32, Sched. A, s. 8 - 01/01/2007

2007, c. 8, s. 218 (1) - 01/07/2010

2017, c. 10, Sched. 1, s. 1 - 30/05/2017; 2017, c. 14, Sched. 4, s. 23 (1) - not in force

Spheres of Jurisdiction

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, including respecting climate change.

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; 2017, c. 10, Sched. 1, s. 2.

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

Item	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
2a.	Transportation systems, other than highways	Airports	All upper-tier municipalities	Non-exclusive
2b.	Transportation systems, other than highways	Ferries	All upper-tier municipalities	Non-exclusive
2c.	Transportation systems, other than highways	Disabled passenger transportation systems	Peel, Halton	Non-exclusive
2d.	Transportation systems, other than highways	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
4a.	Public utilities	Sewage treatment	All counties, Niagara, Waterloo, York	Non-exclusive
4b.	Public utilities	Sewage treatment	Durham, Halton, Muskoka, Oxford, Peel	Exclusive
4c.	Public utilities	Collection of sanitary sewage	All counties, Niagara, Waterloo, York	Non-exclusive
4d.	Public utilities	Collection of sanitary sewage	Durham, Halton, Muskoka, Oxford, Peel	Exclusive
4e.	Public utilities	Collection of storm water and other drainage from land	All upper-tier municipalities	Non-exclusive
4f.	Public utilities	Water production, treatment and storage	All upper-tier municipalities except counties	Exclusive
4g.	Public utilities	Water distribution	Niagara, Waterloo, York	Non-exclusive
4h.	Public utilities	Water distribution	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	Not assigned
10a.	Economic development services	Promotion of the municipality for any purpose by the collection and dissemination of information	Durham	Exclusive
10b.	Economic development services	Promotion of the municipality for any purpose by the collection and dissemination of information	All counties, Halton, Muskoka, Niagara, Oxford, Peel, Waterloo, York	Non-exclusive
10c.	Economic development services	Acquisition, development and disposal of sites for industrial, commercial and institutional uses	Durham	Exclusive
10d.	Economic development services	Acquisition, development and disposal of sites for industrial, commercial and institutional uses	Halton, Lambton, Oxford, Waterloo	Non-exclusive
11a.	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
11b.	Business licensing	Drainage business, plumbing business	York	Exclusive
11c.	Business licensing	Lodging houses, septic tank business	York	Non-exclusive

2006, c. 32, Sched. A, s. 8; 2015, c. 27, Sched. 5, s. 4 (1); 2017, c. 20, Sched. 11, s. 26.

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

2002, c. 17, Sched. A, s. 4 - 01/01/2003

2006, c. 32, Sched. A, s. 8 - 01/01/2007

2015, c. 27, Sched. 5, s. 4 (1) - 03/12/2015

2017, c. 10, Sched. 1, s. 2 - 30/05/2017; 2017, c. 20, Sched. 11, s. 26 - 14/11/2017

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

“plumbing business” means plumbing contractors and plumbers holding a certificate of qualification under the Ontario College of Trades and Apprenticeship Act, 2009 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; 2007, c. 8, s. 218 (2); 2009, c. 22, s. 99.

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

2006, c. 32, Sched. A, s. 8 - 01/01/2007

2007, c. 8, s. 218 (2) - 01/07/2010

2009, c. 22, s. 99 - 08/04/2013

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.

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

2002, c. 17, Sched. A, s. 5 - 01/01/2003

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.

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

2006, c. 32, Sched. A, s. 9 - 01/01/2007

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.

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

2006, c. 32, Sched. A, s. 9 - 01/01/2007

Conflict between by-law and statutes, etc.

14 (1) 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.

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.

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

2006, c. 32, Sched. A, s. 10 - 01/01/2007

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 9, 10 or 11 and also under a specific provision of this or any other Act, the power conferred by section 9, 10 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); 2006, c. 32, Sched. A, s. 11 (1).

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).

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 9, 10 or 11 comes into force.  2001, c. 25, s. 15 (2); 2006, c. 32, Sched. A, s. 11 (3).

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).

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).

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

2006, c. 32, Sched. A, s. 11 (1-4) - 01/01/2007

16 Repealed:  2006, c. 32, Sched. A, s. 12.

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

2006, c. 32, Sched. A, s. 12 - 01/01/2007

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.

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

2002, c. 17, Sched. A, s. 6 (1-3) - 01/01/2003

2006, c. 32, Sched. A, s. 13 - 01/01/2007

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).

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

2002, c. 17, Sched. A, s. 7 - 01/01/2003

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 under a program established and administered by the Province of Ontario.  2001, c. 25, s. 22 (3); 2006, c. 32, Sched. A, s. 14.

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

2006, c. 32, Sched. A, s. 14 - 01/01/2007

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.

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.

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

2006, c. 32, Sched. A, s. 15 - 01/01/2007

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.

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

2006, c. 32, Sched. A, s. 15 - 01/01/2007

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 section 400.1 and Parts VIII, IX, IX.1 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; 2017, c. 8, Sched. 19, s. 2.

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.

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

2006, c. 32, Sched. A, s. 15 - 01/01/2007

2017, c. 8, Sched. 19, s. 2 - 01/12/2017

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.

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

2006, c. 32, Sched. A, s. 15 - 01/01/2007

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.

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

2006, c. 32, Sched. A, s. 15 - 01/01/2007

Community councils

23.6 (1) Without limiting sections 9, 10 and 11, those sections authorize a municipality to establish one or more community councils which are responsible for,

(a) exercising the powers and duties that have been delegated to the community council by the municipality with respect to matters relating to all or part of the municipality; and

(b) performing the functions assigned to the community council by the municipality with respect to matters relating to all or part of the municipality, which may include the function of making recommendations to council on any matter, such as the budget. 2017, c. 10, Sched. 1, s. 3.

Composition of community council

(2) A community council may include,

(a) a council committee; or

(b) a body having at least two members that is composed of,

(i) one or more members of council,

(ii) individuals appointed by council, or

(iii) a combination of individuals described in subclauses (i) and (ii). 2017, c. 10, Sched. 1, s. 3.

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

2017, c. 10, Sched. 1, s. 3 - 30/05/2017

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.

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

2002, c. 17, Sched. A, s. 8 - 01/01/2003

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.

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

2002, c. 17, Sched. A, s. 9 - 01/01/2003

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) Repealed:  2006, c. 32, Sched. A, s. 16 (1).

By-law necessary

(2) After January 1, 2003, land may only become a highway by virtue of a by-law establishing the highway 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); 2006, c. 32, Sched. A, s. 16 (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).

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

2006, c. 32, Sched. A, s. 16 (1, 2) - 01/01/2007

Unorganized territory

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

33 Repealed:  2006, c. 32, Sched. A, s. 17.

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

2006, c. 32, Sched. A, s. 17 - 01/01/2007

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.

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

2006, c. 32, Sched. A, s. 18 - 01/01/2007

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.

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

2006, c. 32, Sched. A, s. 18 - 01/01/2007

36-39 Repealed:  2006, c. 32, Sched. A, s. 18.

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

2006, c. 32, Sched. A, s. 18 - 01/01/2007

Toll highways

40 (1) A municipality may,

(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); 2006, c. 32, Sched. A, s. 19.

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).

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

2006, c. 32, Sched. A, s. 19 - 01/01/2007

41, 42 Repealed:  2006, c. 32, Sched. A, s. 20.

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

2006, c. 32, Sched. A, s. 20 - 01/01/2007

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, including the date, time and location of the occurrence, 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); 2017, c. 10, Sched. 1, s. 4.

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).

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

2002, c. 24, Sched. B, s. 25, 42 - 01/01/2004

2017, c. 10, Sched. 1, s. 4 - 30/05/2017

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 (8) 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; 2006, c. 32, Sched. A, s. 21.

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

2006, c. 32, Sched. A, s. 21 - 01/01/2007

47 Repealed:  2006, c. 32, Sched. A, s. 22.

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

2006, c. 32, Sched. A, s. 22 - 01/01/2007

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.

49 Repealed:  2006, c. 32, Sched. A, s. 22.

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

2006, c. 32, Sched. A, s. 22 - 01/01/2007

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 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.

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).

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

2006, c. 32, Sched. A, s. 23 - 01/01/2007

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.

57 Repealed:  2006, c. 32, Sched. A, s. 24.

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

2006, c. 32, Sched. A, s. 24 - 01/01/2007

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 Without limiting sections 9, 10 and 11, 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; 2006, c. 32, Sched. A, s. 25.

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

2006, c. 32, Sched. A, s. 25 - 01/01/2007

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) 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); 2006, c. 32, Sched. A, s. 26.

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

2006, c. 32, Sched. A, s. 26 - 01/01/2007

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.

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

2002, c. 17, Sched. A, s. 10 - 01/01/2003

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.

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

2002, c. 17, Sched. A, s. 11 - 01/01/2003

2006, c. 32, Sched. A, s. 27 - 01/01/2007

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).

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.

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

2002, c. 17, Sched. A, s. 12 - 01/01/2003

2006, c. 32, Sched. A, s. 28 - 01/01/2007

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.

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

2002, c. 17, Sched. A, s. 13 - 01/01/2003

2006, c. 32, Sched. A, s. 29 - 01/01/2007

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 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.

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

2002, c. 17, Sched. A, s. 14 - 01/01/2003

2006, c. 32, Sched. A, s. 30 - 01/01/2007

Designation of services, facilities

75 (1) Without limiting sections 9, 10 and 11, 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); 2006, c. 32, Sched. A, s. 31.

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).

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

2006, c. 32, Sched. A, s. 31 - 01/01/2007

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).

77 Repealed:  2006, c. 32, Sched. A, s. 32.

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

2006, c. 32, Sched. A, s. 32 - 01/01/2007

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).

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

2002, c. 17, Sched. A, s. 15 (1-3) - 01/01/2003

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) Without limiting sections 9, 10 and 11, 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); 2006, c. 32, Sched. A, s. 33 (1).

Additional power

(2) In addition to the power under subsection (1), and without limiting sections 9, 10 and 11, 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); 2006, c. 32, Sched. A, s. 33 (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).

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

2006, c. 32, Sched. A, s. 33 (1, 2) - 01/01/2007

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 Without limiting sections 9, 10 and 11, 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; 2006, c. 32, Sched. A, s. 34.

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

2006, c. 32, Sched. A, s. 34 - 01/01/2007

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

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

2002, c. 24, Sched. B, s. 25 - 01/01/2004

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).

92 Repealed:  2006, c. 32, Sched. A, s. 35.

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

2006, c. 32, Sched. A, s. 35 - 01/01/2007

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.

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

2002, c. 17, Sched. A, s. 16 - 01/01/2003

Culture, Parks, Recreation and Heritage

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.

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

2002, c. 17, Sched. A, s. 17 - 01/01/2003

2006, c. 32, Sched. A, s. 36 - 01/01/2007

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 section 128 of the Highway Traffic Act.  2001, c. 25, s. 95 (2); 2006, c. 32, Sched. A, s. 37.

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

2006, c. 32, Sched. A, s. 37 - 01/01/2007

Drainage and Flood Control

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.

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

2006, c. 32, Sched. A, s. 38 - 01/01/2007

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

Environmental standards; construction of buildings

97.1 (1) Without limiting sections 9, 10 and 11, those sections authorize a local municipality to pass a by-law respecting the protection or conservation of the environment that requires buildings to be constructed in accordance with provisions of the building code under the Building Code Act, 1992 that are prescribed under that Act, subject to such conditions and limits as may be prescribed under that Act. 2017, c. 10, Sched. 1, s. 5.

Conflict

(2) Despite section 35 of the Building Code Act, 1992, if there is a conflict between that Act or the building code under that Act and a by-law to which this section applies, that Act or the building code prevails. 2017, c. 10, Sched. 1, s. 5.

Green roofs or alternative roof surfaces

(3) Without limiting sections 9, 10 and 11, the power described in subsection (1) includes the power to require the construction of green roofs or of alternative roof surfaces that achieve similar levels of performance to green roofs. 2017, c. 10, Sched. 1, s. 5.

Definition

(4) For the purposes of subsection (3),

“green roof” means a roof surface that supports the growth of vegetation over a substantial portion of its area for the purpose of water conservation or energy conservation. 2017, c. 10, Sched. 1, s. 5.

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

2017, c. 10, Sched. 1, s. 5 - 30/05/2017

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. (1) This subsection, as it read on the day before section 6 of Schedule 1 to the Modernizing Ontario’s Municipal Legislation Act, 2017 came into force, continues to apply to by-laws passed on or before that day. 2017, c. 10, Sched. 1, s. 6.

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.

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

2002, c. 17, Sched. A, s. 18 - 01/01/2003

2006, c. 32, Sched. A, s. 39 - 01/01/2007

2017, c. 10, Sched. 1, s. 6 - 30/05/2017

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.

Agreements

(2.1) If a condition referred to in clause (2) (c) requires an owner of land to which a by-law passed under this section applies to enter into an agreement with the municipality, the municipality may,

(a) register the agreement against the title to the land to which it applies; and

(b) enforce the agreement against the owner and any subsequent owners of the land. 2017, c. 10, Sched. 1, s. 7.

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.

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

2006, c. 32, Sched. A, s. 40 - 01/01/2007

2017, c. 10, Sched. 1, s. 7 - 30/05/2017

Parking, Except on Highways

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.

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

2002, c. 17, Sched. A, s. 19 - 01/01/2003

2006, c. 32, Sched. A, s. 41 - 01/01/2007

Other land

100.1 (1) Without limiting sections 9, 10 and 11, 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; 2006, c. 32, Sched. A, s. 42.

Exclusion

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

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

2002, c. 17, Sched. A, s. 20 - 01/01/2003

2006, c. 32, Sched. A, s. 42 - 01/01/2007

Impounding vehicles parked

101 (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.

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.

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).

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

2002, c. 17, Sched. A, s. 21 - 01/01/2003

2006, c. 32, Sched. A, s. 43 - 01/01/2007

Accessible parking permits

102 (1) If a municipality passes a by-law for establishing a system of accessible parking, the sole manner of identifying vehicles shall be an accessible parking permit issued and displayed in accordance with the Highway Traffic Act and the regulations made under it.  2009, c. 33, Sched. 26, s. 5 (1).

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 an accessible parking permit and if it does so, the local municipality shall prescribe the conditions of use of the accessible parking permit and shall prohibit the improper use of the permit.  2009, c. 33, Sched. 26, s. 5 (1).

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.

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

2006, c. 32, Sched. A, s. 44 - 01/01/2007

2009, c. 33, Sched. 26, s. 5 (1) - 15/12/2009

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.

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

2006, c. 32, Sched. A, s. 45 - 01/01/2007

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; and

(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.

(c) Repealed:  2006, c. 32, Sched. A, s. 46 (1).

  2001, c. 25, s. 103 (1); 2006, c. 32, Sched. A, s. 46 (1).

Definition

(2) In this section,

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

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

2006, c. 32, Sched. A, s. 46 (1, 2) - 01/01/2007

104 Repealed:  2006, c. 32, Sched. A, s. 47.

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

2006, c. 32, Sched. A, s. 47 - 01/01/2007

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).

(3) Repealed:  2006, c. 32, Sched. A, s. 48.

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).

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

2002, c. 17, Sched. A, s. 22 (1, 2) - 01/01/2003

2006, c. 32, Sched. A, s. 48 - 01/01/2007

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), (7) or (7.2) 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; 2006, c. 23, s. 34.

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

2002, c. 17, Sched. A, s. 23 (1) - 01/10/2004

2006, c. 23, s. 34 - 01/01/2007

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;

(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;

(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); 2006, c. 32, Sched. A, s. 49.

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

2006, c. 32, Sched. A, s. 49 - 01/01/2007

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.

Note: On January 1, 2018, the day named by proclamation of the Lieutenant Governor, paragraph 1 of subsection 108 (2) of the Act is repealed and the following substituted: (See: 2017, c. 10, Sched. 1, s. 8 (1))

1. In accordance with the regulations made under subsection (10), 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.

Note: On January 1, 2018, the day named by proclamation of the Lieutenant Governor, section 108 of the Act is amended by adding the following subsection: (See: 2017, c. 10, Sched. 1, s. 8 (2))

Regulations

(10) The Minister may make regulations prescribing conditions that must be met before a municipality establishes a program under paragraph 1 of subsection (2). 2017, c. 10, Sched. 1, s. 8 (2).

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

2006, c. 21, Sched. F, s. 120 (1) - no effect - see 2006, c. 32, Sched. A, s. 50 - 01/01/2007; 2006, c. 32, Sched. A, s. 50 - 01/01/2007

2017, c. 10, Sched. 1, s. 8 (1, 2) - 01/01/2018

109 Repealed:  2006, c. 32, Sched. A, s. 50.

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

2006, c. 32, Sched. A, s. 50 - 01/01/2007

Agreements for municipal capital facilities

110 (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.

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 Finance.  2001, c. 25, s. 110 (5); 2015, c. 27, Sched. 5, s. 4 (2).

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 Housing Services Act, 2011 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); 2011, c. 6, Sched. 1, s. 187 (1).

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).

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

2006, c. 19, Sched. O, s. 3 (1-7) - 22/06/2006; 2006, c. 32, Sched. A, s. 51 - 01/01/2007

2011, c. 6, Sched. 1, s. 187 (1) - 01/01/2012

2015, c. 27, Sched. 5, s. 4 (2) - 03/12/2015

Promotion by lower-tier municipality, special case

111 (1) Despite section 11, a lower-tier municipality in the upper-tier municipality of Durham 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); 2006, c. 32, Sched. A, s. 52 (1).

Upper-tier may authorize promotion by lower-tier

(2) Despite section 11, the upper-tier municipality of Durham 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); 2006, c. 32, Sched. A, s. 52 (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).

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

2002, c. 17, Sched. A, s. 24 (1, 2) - 01/01/2003

2006, c. 32, Sched. A, s. 52 (1, 2) - 01/01/2007

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.

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

2002, c. 17, Sched. A, s. 25 - 01/01/2003

2006, c. 32, Sched. A, s. 53 - 01/01/2007

Markets

113 Without limiting sections 9, 10 and 11, 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; 2006, c. 32, Sched. A, s. 54.

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

2006, c. 32, Sched. A, s. 54 - 01/01/2007

Exhibitions

114 Without limiting sections 9, 10 and 11, a municipality may establish, maintain and operate agricultural, horticultural, commercial or industrial exhibitions.  2001, c. 25, s. 114; 2006, c. 32, Sched. A, s. 55.

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

2006, c. 32, Sched. A, s. 55 - 01/01/2007

Health, Safety and Nuisance

Smoking in public places, etc.

115 (1) Without limiting sections 9, 10 and 11, a municipality may prohibit or regulate the smoking of tobacco in public places and workplaces.  2001, c. 25, s. 115 (1); 2006, c. 32, Sched. A, s. 56 (1).

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) Without limiting sections 9, 10 and 11, a municipality, in a by-law passed under this section, may,

(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); 2006, c. 32, Sched. A, s. 56 (2).

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).

(7), (8) Repealed:  2006, c. 32, Sched. A, s. 56 (3).

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).

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

2006, c. 32, Sched. A, s. 56 (1-3) - 01/01/2007

Emergency communication system

116 (1) Without limiting sections 9, 10 and 11, a municipality may establish, maintain and operate a centralized communication system for emergency response purposes.  2001, c. 25, s. 116 (1); 2006, c. 32, Sched. A, s. 57.

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).

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

2006, c. 32, Sched. A, s. 57 - 01/01/2007

117 Repealed:  2006, c. 32, Sched. A, s. 58.

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

2006, c. 32, Sched. A, s. 58 - 01/01/2007

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.

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

2006, c. 32, Sched. A, s. 59 - 01/01/2007

Discharge of weapons

119 Without limiting sections 9, 10 and 11, 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; 2006, c. 32, Sched. A, s. 60.

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

2006, c. 32, Sched. A, s. 60 - 01/01/2007

Explosives

120 (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).

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 Transportation of Dangerous Goods Act, 1992 (Canada).  2001, c. 25, s. 120 (2); 2010, c. 16, Sched. 12, s. 3.

(3) Repealed:  2006, c. 32, Sched. A, s. 61 (2).

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

2006, c. 32, Sched. A, s. 61 (1, 2) - 01/01/2007

2010, c. 16, Sched. 12, s. 3 - 25/10/2010

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.

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

2006, c. 32, Sched. A, s. 62 - 01/01/2007

Snow and ice

122 (1) Without limiting sections 9, 10 and 11, 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); 2006, c. 32, Sched. A, s. 63.

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).

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

2002, c. 17, Sched. A, s. 26 - 01/01/2003

2006, c. 32, Sched. A, s. 63 - 01/01/2007

Dangerous places

123 Without limiting sections 9, 10 and 11, 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; 2006, c. 32, Sched. A, s. 64.

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

2006, c. 32, Sched. A, s. 64 - 01/01/2007

Pits and quarries

124 (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.

(2) Repealed:  2006, c. 32, Sched. A, s. 65.

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).

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

2006, c. 32, Sched. A, s. 65 - 01/01/2007

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.

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

2006, c. 32, Sched. A, s. 66 - 01/01/2007

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.

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

2006, c. 32, Sched. A, s. 66 - 01/01/2007

Refuse and debris

127 Without limiting sections 9, 10 and 11, a local municipality may,

(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; 2006, c. 32, Sched. A, s. 67.

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

2006, c. 32, Sched. A, s. 67 - 01/01/2007

Public nuisances

128 (1) Without limiting sections 9, 10 and 11, 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); 2006, c. 32, Sched. A, s. 68.

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).

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

2006, c. 32, Sched. A, s. 68 - 01/01/2007

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.

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

2006, c. 32, Sched. A, s. 69 - 01/01/2007

130 Repealed:  2006, c. 32, Sched. A, s. 69.

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

2006, c. 32, Sched. A, s. 69 - 01/01/2007

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.

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

2006, c. 32, Sched. A, s. 69 - 01/01/2007

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).

Entry on land re maintenance, repairs or alterations

132.1 (1) A municipality may enter on land adjoining land owned or occupied by the municipality, at any reasonable time, for the purpose of maintaining or making repairs or alterations to the land owned or occupied by the municipality but only to the extent necessary to carry out the maintenance, repairs or alterations. 2017, c. 10, Sched. 1, s. 9.

Restriction re buildings

(2) Nothing in this section authorizes entry into a building. 2017, c. 10, Sched. 1, s. 9.

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

2017, c. 10, Sched. 1, s. 9 - 30/05/2017

Fortification of land

133 (1) Without limiting sections 9, 10 and 11, a municipality that is responsible for the enforcement of the Building Code Act, 1992 may,

(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); 2006, c. 32, Sched. A, s. 70 (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).

(3) Repealed:  2006, c. 32, Sched. A, s. 70 (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 to which this section applies.  2001, c. 25, s. 133 (4); 2009, c. 33, Sched. 21, s. 6 (1).

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 to which this section applies, the building code prevails.  2001, c. 25, s. 133 (5); 2009, c. 33, Sched. 21, s. 6 (2).

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).

(7)-(9) Repealed:  2006, c. 32, Sched. A, s. 70 (3).

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

2006, c. 32, Sched. A, s. 70 (1-3) - 01/01/2007

2009, c. 33, Sched. 21, s. 6 (1, 2) - 25/01/2010

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) 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).

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).

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) Without limiting sections 9, 10 and 11, a municipality may, in a by-law passed under this section,

(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); 2006, c. 32, Sched. A, s. 71 (2).

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).

(11) Repealed:  2006, c. 32, Sched. A, s. 71 (3).

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).

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

2002, c. 17, Sched. A, s. 27 (1-4) - 01/01/2003

2006, c. 32, Sched. A, s. 71 (1-3) - 01/01/2007

136 Repealed:  2006, c. 32, Sched. A, s. 72.

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

2006, c. 32, Sched. A, s. 72 - 01/01/2007

137 Repealed:  2006, c. 32, Sched. A, s. 72.

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

2002, c. 17, Sched. A, s. 28 - 01/01/2003

2006, c. 32, Sched. A, s. 72 - 01/01/2007

138 Repealed:  2006, c. 32, Sched. A, s. 72.

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

2002, c. 17, Sched. A, s. 29 - 01/01/2003

2006, c. 32, Sched. A, s. 72 - 01/01/2007

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.  2001, c. 25, s. 139; 2006, c. 32, Sched. A, s. 73.

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

2006, c. 32, Sched. A, s. 73 - 01/01/2007

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.  2001, c. 25, s. 140; 2006, c. 32, Sched. A, s. 74.

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

2006, c. 32, Sched. A, s. 74 - 01/01/2007

Planting trees adjacent to highways

141 Without limiting sections 9, 10 and 11, 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; 2006, c. 32, Sched. A, s. 75.

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

2006, c. 32, Sched. A, s. 75 - 01/01/2007

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) 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).

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).

(4) Repealed:  2006, c. 32, Sched. A, s. 76 (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).

(8) Repealed: 2017, c. 10, Sched. 1, s. 10.

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

2002, c. 17, Sched. A, s. 30 (1-3) - 01/01/2003

2006, c. 32, Sched. A, s. 76 (1, 2) - 01/01/2007

2017, c. 10, Sched. 1, s. 10 - 30/05/2017

143 Repealed:  2006, c. 32, Sched. A, s. 77.

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

2006, c. 32, Sched. A, s. 77 - 01/01/2007

144 Repealed:  2006, c. 32, Sched. A, s. 77.

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

2002, c. 17, Sched. A, s. 31 (1, 2) - 01/01/2003

2006, c. 32, Sched. A, s. 77 - 01/01/2007

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.  2001, c. 25, s. 145; 2006, c. 32, Sched. A, s. 78.

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

2006, c. 32, Sched. A, s. 78 - 01/01/2007

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.  2001, c. 25, s. 146; 2006, c. 32, Sched. A, s. 79.

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

2006, c. 32, Sched. A, s. 79 - 01/01/2007

Energy planning

147 (1) Without limiting sections 9, 10 and 11, a municipality may provide for or participate in long-term energy planning in the municipality. 2017, c. 10, Sched. 1, s. 11.

Interpretation

(2) Long-term energy planning referred to in subsection (1) may include consideration of energy conservation, climate change, and green energy. 2017, c. 10, Sched. 1, s. 11.

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

2006, c. 32, Sched. A, s. 80 (1, 2) - 01/01/2007

2017, c. 10, Sched. 1, s. 11 - 30/05/2017

Closing of Retail Business Establishments

Hours of closing

148 (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).

Definitions

(2) In this section,

“holiday” has the same meaning as in subsection 1 (1) of the Retail Business Holidays Act; (“jour férié”)

“retail business establishment” means the premises where goods or services are sold or offered for sale by retail. (“établissement de commerce de détail”) 2001, c. 25, s. 148 (2); 2006, c. 32, Sched. A, s. 81 (2).

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).

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;

(b) liquor under the authority of a licence or permit issued under the Liquor Licence Act; and 

(c) any other prescribed goods or services.  2001, c. 25, s. 148 (4); 2006, c. 32, Sched. A, s. 81 (4).

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).

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

2002, c. 17, Sched. A, s. 32 - 01/01/2003

2006, c. 32, Sched. A, s. 81 (1-5) - 01/01/2007

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
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.

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

2002, c. 17, Sched. A, s. 33 (1-4) - 01/01/2003

2006, c. 32, Sched. A, s. 82 - 01/01/2007

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; and

(f) license, regulate or govern real and personal property used for the business and the persons carrying it on or engaged in it.

(g) Repealed: 2017, c. 10, Sched. 1, s. 12 (1).

2006, c. 32, Sched. A, s. 82; 2017, c. 10, Sched. 1, s. 12 (1).

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) or (e) 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) 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; 2017, c. 10, Sched. 1, s. 12 (2).

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. 

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

2002, c. 17, Sched. A, s. 34 - 01/01/2003

2006, c. 32, Sched. A, s. 82 - 01/01/2007

2017, c. 10, Sched. 1, s. 12 (1, 2) - 30/05/2017

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.

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

2002, c. 17, Sched. A, s. 35 - 01/01/2003

2006, c. 32, Sched. A, s. 82 - 01/01/2007

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.

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

2006, c. 32, Sched. A, s. 82 - 01/01/2007

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.

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

2006, c. 32, Sched. A, s. 82 - 01/01/2007

Note: On January 1, 2018, the day named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2017, c. 5, Sched. 2, s. 27)

Restrictions re payday loan establishments

154.1 (1) Despite section 153 and without limiting sections 9, 10 and 11, a local municipality, in a by-law under section 151 with respect to payday loan establishments, may define the area of the municipality in which a payday loan establishment may or may not operate and limit the number of payday loan establishments in any defined area in which they are permitted. 2017, c. 5, Sched. 2, s. 27.

Exception

(2) Despite subsection (1), a by-law described in that subsection shall not prohibit the operation of all payday loan establishments in the municipality. 2017, c. 5, Sched. 2, s. 27.

Definition

(3) In this section,

“payday loan establishment” means any premises or any part of them in respect of which a licensee within the meaning of the Payday Loans Act, 2008 may operate a business pursuant to a licence issued under that Act. 2017, c. 5, Sched. 2, s. 27.

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

2017, c. 5, Sched. 2, s. 27 - 01/01/2018

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.

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

2006, c. 32, Sched. A, s. 82 - 01/01/2007

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.

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

2006, c. 32, Sched. A, s. 82 - 01/01/2007

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.

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

2006, c. 32, Sched. A, s. 82 - 01/01/2007

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.

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

2002, c. 17, Sched. A, s. 36 - 01/01/2003

2006, c. 32, Sched. A, s. 82 - 01/01/2007

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. 

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

2006, c. 32, Sched. A, s. 82 - 01/01/2007

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.

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

2006, c. 32, Sched. A, s. 82 - 01/01/2007

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.

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

2006, c. 32, Sched. A, s. 82 - 01/01/2007

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.

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

2006, c. 32, Sched. A, s. 82 - 01/01/2007

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.

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

2006, c. 32, Sched. A, s. 82 - 01/01/2007

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.

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

2006, c. 32, Sched. A, s. 82 - 01/01/2007

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.

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

2006, c. 32, Sched. A, s. 82 - 01/01/2007

2007, c. 8, s. 218 (3) - 01/01/2007

166-170 Repealed: 2006, c. 32, Sched. A, s. 82.

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

2006, c. 32, Sched. A, s. 82 - 01/01/2007

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) 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).

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) 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).

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 Part III (Regulations) of the Legislation Act, 2006.  2001, c. 25, s. 173 (13); 2006, c. 21, Sched. F, s. 136 (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).

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

2002, c. 17, Sched. A, s. 37 (1, 2) - 01/01/2003

2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007; 2006, c. 32, Sched. A, s. 83 (1, 2) - 01/01/2007

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 Part III (Regulations) of the Legislation Act, 2006.  2001, c. 25, s. 175 (7); 2006, c. 21, Sched. F, s. 136 (1).

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

2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007

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 (1) 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.

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).

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

2006, c. 21, Sched. F, s. 120 (2) - 25/07/2007

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.

Note: On a day to be named by proclamation of the Lieutenant Governor, clause 179 (b) of the Act is amended by striking out “shall be considered by the Ontario Municipal Board” and substituting “shall be considered by the Local Planning Appeal Tribunal”. (See: 2017, c. 23, Sched. 5, s. 41)

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

2017, c. 23, Sched. 5, s. 41 - not in force

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).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 180 (1) of the Act is amended by striking out “may apply to the Ontario Municipal Board” and substituting “may apply to the Local Planning Appeal Tribunal”. (See: 2017, c. 23, Sched. 5, s. 42 (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).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 180 (2) of the Act is amended by striking out “The Board may” at the beginning and substituting “The Tribunal may”. (See: 2017, c. 23, Sched. 5, s. 42 (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 regulations under the Territorial Division Act, 2002, the municipality shall form part of the territorial district specified by the Board.  2001, c. 25, s. 180 (3); 2009, c. 33, Sched. 21, s. 6 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 180 (3) of the Act is amended by striking out “specified by the Board” at the end and substituting “specified by the Tribunal”. (See: 2017, c. 23, Sched. 5, s. 42 (3))

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

2009, c. 33, Sched. 21, s. 6 (3) - 25/01/2010

2017, c. 23, Sched. 5, s. 42 (1-3) - not in force

Annexation

181 (1) The Ontario Municipal Board may annex a geographic area in unorganized territory to a local municipality upon the application of,

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 181 (1) of the Act is amended by striking out “The Ontario Municipal Board may” at the beginning and substituting “The Local Planning Appeal Tribunal may”. (See: 2017, c. 23, Sched. 5, s. 43 (1))

(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).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 181 (2) of the Act is amended by striking out “The Board may” at the beginning and substituting “The Tribunal may”. (See: 2017, c. 23, Sched. 5, s. 43 (2))

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

2017, c. 23, Sched. 5, s. 43 (1, 2) - not in force

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 regulations under the Territorial Division Act, 2002.  2001, c. 25, s. 182 (1); 2009, c. 33, Sched. 21, s. 6 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 182 (1) of the Act is amended by striking out “may apply to the Ontario Municipal Board” and substituting “may apply to the Local Planning Appeal Tribunal”. (See: 2017, c. 23, Sched. 5, s. 44 (1))

Powers of Board

(2) Upon an application under subsection (1), the Ontario Municipal Board may,

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 182 (2) of the Act is amended by striking out “the Ontario Municipal Board may” in the portion before clause (a) and substituting “the Tribunal may”. (See: 2017, c. 23, Sched. 5, s. 44 (2))

(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).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 182 (3) of the Act is amended by striking out “The Board may” at the beginning and substituting “The Tribunal may”. (See: 2017, c. 23, Sched. 5, s. 44 (3))

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

2009, c. 33, Sched. 21, s. 6 (4) - 25/01/2010

2017, c. 23, Sched. 5, s. 44 (1-3) - not in force

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).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 183 (1) of the Act is amended by striking out “The Ontario Municipal Board” at the beginning and substituting “The Local Planning Appeal Tribunal”. (See: 2017, c. 23, Sched. 5, s. 45 (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).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 183 (2) of the Act is amended by striking out “the Board has the same powers” and substituting “the Tribunal has the same powers”. (See: 2017, c. 23, Sched. 5, s. 45 (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 regulations under the Territorial Division Act, 2002 in which the local municipality is located.  2001, c. 25, s. 183 (3); 2009, c. 33, Sched. 21, s. 6 (5).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 183 (3) of the Act is amended by striking out “If the Board” at the beginning and substituting “If the Tribunal”. (See: 2017, c. 23, Sched. 5, s. 45 (3))

(4) Repealed: 2009, c. 33, Sched. 2, s. 47 (1).

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).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 183 (5) of the Act is repealed and the following substituted: (See: 2017, c. 23, Sched. 5, s. 45 (4))

Deferred proceedings

(5) The Minister may notify the Tribunal in writing that in his or her opinion an application to the Tribunal 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 Tribunal in writing that they may be continued. 2017, c. 23, Sched. 5, s. 45 (4).

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

2009, c. 33, Sched. 2, s. 47 (1) - 15/12/2009; 2009, c. 33, Sched. 21, s. 6 (5) - 25/01/2010

2017, c. 23, Sched. 5, s. 45 (1-4) - not in force

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.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 184 of the Act is amended by striking out “to the Ontario Municipal Board” and substituting “to the Local Planning Appeal Tribunal”. (See: 2017, c. 23, Sched. 5, s. 46)

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

2017, c. 23, Sched. 5, s. 46 - not in force

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,

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 186 (1) of the Act is amended by striking out “or the Ontario Municipal Board” in the portion before clause (a) and substituting “or the Local Planning Appeal Tribunal”. (See: 2017, c. 23, Sched. 5, s. 47 (1))

(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 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.  2001, c. 25, s. 186 (1); 2006, c. 32, Sched. A, s. 84 (1).

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).

Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 6 of subsection 186 (2) of the Act is amended by striking out “or the Ontario Municipal Board” and substituting “or the Local Planning Appeal Tribunal”. (See: 2017, c. 23, Sched. 5, s. 47 (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).

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

2006, c. 32, Sched. A, s. 84 (1, 2) - 01/01/2007

2017, c. 23, Sched. 5, s. 47 (1, 2) - not in force

Revocation of restructuring orders

186.1 (1) Every order described in subsection (2) whose effective date is earlier than January 2, 2005 and that remains in force on the day before the day on which the Good Government Act, 2009 receives Royal Assent is revoked.  2009, c. 33, Sched. 21, s. 6 (6).

Same

(2) Subsection (1) applies to,

(a) orders of the Minister made under subsection 173 (4) or (5) or under a predecessor of one of those subsections; and

(b) orders of a commission made under subsection 175 (1) or a predecessor of that subsection.  2009, c. 33, Sched. 21, s. 6 (6).

Exception, provisions with continuing effect

(3) Despite subsection (1), if a provision of an order that is revoked by that subsection still has effect on the day before the day on which the Good Government Act, 2009 receives Royal Assent, the provision is not revoked and continues to apply.  2009, c. 33, Sched. 21, s. 6 (6).

Application of Legislation Act, 2006, ss. 51, 53, 56 and 57

(4) When an order is revoked by subsection (1), sections 51, 53, 56 and 57 of the Legislation Act, 2006 apply as if the order were a revoked regulation.  2009, c. 33, Sched. 21, s. 6 (6).

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

2009, c. 33, Sched. 21, s. 6 (6) - 15/12/2009

Change of Name

Change of name

187 (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.

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.

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).

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

2006, c. 32, Sched. A, s. 85 - 01/01/2007

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).

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

2002, c. 17, Sched. A, s. 38 (1, 2) - 01/01/2003

CTS 27 AL 10 - 1

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,

“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 section 195. (“service public”)  2001, c. 25, s. 194 (1); 2006, c. 32, Sched. A, s. 86 (1, 2).

(2) Repealed:  2006, c. 32, Sched. A, s. 86 (3).

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

2006, c. 32, Sched. A, s. 86 (1-3) - 01/01/2007

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.

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

2006, c. 32, Sched. A, s. 87 - 01/01/2007

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.

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

2006, c. 32, Sched. A, s. 87 - 01/01/2007

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.

Note: On the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force, subsection 197 (4) of the Act is repealed and the following substituted: (See: 2017, c. 20, Sched. 8, s. 99 (2))

Non-application of Acts

(4) The Not-for-Profit Corporations Act, 2010 and the Corporations Information Act do not apply to a municipal service board that is a body corporate. 2017, c. 20, Sched. 8, s. 99 (2).

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

2006, c. 32, Sched. A, s. 87 - 01/01/2007

2017, c. 20, Sched. 8, s. 99 (2) - not in force

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.

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

2006, c. 32, Sched. A, s. 87 - 01/01/2007

199-201 Repealed:  2006, c. 32, Sched. A, s. 87.

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

2006, c. 32, Sched. A, s. 87 - 01/01/2007

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

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 a secondary corporation and the directors and officers of the corporation shall comply with such requirements as may be prescribed.  2009, c. 33, Sched. 21, s. 6 (7).

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 as defined in the Housing Services Act, 2011 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; 2011, c. 6, Sched. 1, s. 187 (2).

Definition

(3.1) For the purposes of this section,

“secondary corporation” means a corporation established by a corporation that was established under subsection (1) and a corporation deemed under the regulations to be a secondary corporation.  2009, c. 33, Sched. 21, s. 6 (8).

Regulations

(3.2) The Lieutenant Governor in Council may make regulations providing that specified corporations are deemed to be secondary corporations.  2009, c. 33, Sched. 21, s. 6 (8).

Regulations re corporations

(4) The Lieutenant Governor in Council may make regulations governing the powers of a municipality under this section and governing corporations established under subsection (1) and secondary corporations, 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; 2009, c. 33, Sched. 21, s. 6 (9).

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.

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

2002, c. 17, Sched. A, s. 39 - 01/01/2003

2006, c. 32, Sched. A, s. 88 - 01/01/2007

2009, c. 33, Sched. 21, s. 6 (7-9) - 25/01/2010

2011, c. 6, Sched. 1, s. 187 (2) - 01/01/2012

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).

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.

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).

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

2006, c. 32, Sched. A, s. 89 - 01/01/2007

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).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 205 (4) of the Act is amended by striking out “Section 65 of the Ontario Municipal Board Act” at the beginning and substituting “Section 25 of the Local Planning Appeal Tribunal Act, 2017”. (See: 2017, c. 23, Sched. 5, s. 48)

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

2002, c. 17, Sched. A, s. 40 (1, 2) - 01/01/2003

2017, c. 23, Sched. 5, s. 48 - not in force

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.

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

2002, c. 17, Sched. A, s. 41 - 01/01/2003

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.

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

2002, c. 17, Sched. A, s. 42 - 01/01/2003

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 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;

Note: On a day to be named by proclamation of the Lieutenant Governor, clause 216 (3) (a) of the Act is repealed and the following substituted: (See: 2017, c. 14, Sched. 4, s. 23 (2))

(a) a society as defined in subsection 2 (1) of the Child, Youth and Family Services Act, 2017;

(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 Long-Term Care Homes Act, 2007;

(c.1) Repealed: 2017, c. 10, Sched. 1, s. 13 (1).

(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, ss. 90, 91 (2); 2007, c. 8, s. 218 (4); 2017, c. 10, Sched. 1, s. 13 (1).

Restriction re appeal body under Planning Act

(3.1) Despite subsection (1), a municipality shall not, in accordance with that subsection, dissolve an appeal body established under section 8.1 of the Planning Act. 2017, c. 10, Sched. 1, s. 13 (2).

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.

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

2006, c. 32, Sched. A, s. 90, 91 (2) - 01/01/2007

2007, c. 8, s. 218 (4) - 01/07/2010

2017, c. 10, Sched. 1, s. 13 (1, 2) - 30/05/2017; 2017, c. 14, Sched. 4, s. 23 (2) - not in force

Changes to Council

Composition of council of local municipality

217 (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:

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); 2006, c. 32, Sched. A, s. 92 (1).

(2) Repealed:  2006, c. 32, Sched. A, s. 92 (2).

Coming into force

(3) A by-law described in this section does not come into force until the day the new council is organized,

(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); 2006, c. 32, Sched. A, s. 92 (3).

Election

(4) The regular election held immediately before the coming into force of a by-law described in this section shall be conducted as if the by-law was already in force.  2001, c. 25, s. 217 (4); 2006, c. 32, Sched. A, s. 92 (4).

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).

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

2006, c. 32, Sched. A, s. 92 (1-4) - 01/01/2007

Composition of upper-tier council

218 (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:

1. There shall be a minimum of five members, one of whom shall be the head of council.

2. Subject to paragraph 2.1, 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.

2.1 For a regional municipality other than the County of Oxford, the head of council shall be elected by general vote in accordance with the Municipal Elections Act, 1996.

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); 2006, c. 32, Sched. A, s. 93 (1); 2016, c. 37, Sched. 15, s. 1.

Types of changes

(2) Without limiting sections 9, 10 and 11, the power to change the composition of council includes the power to,

(a) change the size of council;

Note: On January 1, 2018, clause 218 (2) (a) of the Act is repealed and the following substituted: (See: 2017, c. 10, Sched. 1, s. 14 (1))

(a) change the number of members of its council that represent one or more of its lower-tier municipalities;

(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); 2006, c. 32, Sched. A, s. 93 (2).

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).

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).

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).

Note: On January 1, 2018, subsection 218 (5) of the Act is repealed and the following substituted: (See: 2017, c. 10, Sched. 1, s. 14 (2))

Term unaffected

(5) Except as provided in subsection (4), nothing in this section authorizes an upper-tier municipality to change the term of office of a member of council. 2017, c. 10, Sched. 1, s. 14 (2).

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).

Note: On January 1, 2018, subsection 218 (6) of the Act is repealed and the following substituted: (See: 2017, c. 10, Sched. 1, s. 14 (2))

Reviews by regional municipalities

(6) Following the regular election in 2018 and following every second regular election after that, a regional municipality shall review, for each of its lower-tier municipalities, the number of members of its council that represent the lower-tier municipality. 2017, c. 10, Sched. 1, s. 14 (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).

Note: On January 1, 2018, subsection 218 (7) of the Act is repealed and the following substituted: (See: 2017, c. 10, Sched. 1, s. 14 (2))

Regulations

(7) The Minister may make a regulation changing the composition of a council of a regional municipality if the regional municipality does not, in the period of time that starts on the day the new council is organized following a regular election referred to in subsection (6) and ends on the day two years after that day, either,

(a) pass a by-law to change, for one or more of its lower-tier municipalities, the number of the members of its council that represent the lower-tier municipality; or

(b) pass a resolution to affirm, for each of its lower-tier municipalities, the number of the members of its council that represent the lower-tier municipality. 2017, c. 10, Sched. 1, s. 14 (2).

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).

Note: On January 1, 2018, subsection 218 (8) of the Act is repealed and the following substituted: (See: 2017, c. 10, Sched. 1, s. 14 (2))

When regulation may be made

(8) The Minister may make a regulation under subsection (7) only after the period of time referred to in that subsection but before the year of the next regular election after which the regional municipality has a duty to conduct a review under subsection (6). 2017, c. 10, Sched. 1, s. 14 (2).

What regulation may include

(9) A regulation made under subsection (7) may include anything that could be included in a by-law of the upper-tier municipality under subsections (1) to (5) and is subject to the limitations set out in those subsections. 2017, c. 10, Sched. 1, s. 14 (2).

What Minister shall have regard to

(10) When considering whether to make a regulation under subsection (7), the Minister shall, in addition to anything else the Minister wishes to consider, have regard to the principle of representation by population. 2017, c. 10, Sched. 1, s. 14 (2).

Transition

(11) Until after the regular election in 2026, subsections (6) and (7) do not apply to a regional municipality that, during the period between the regular election in 2014 and the regular election in 2018, passes a by-law to change, for one or more of its lower-tier municipalities, the number of members of its council that represent the lower-tier municipality. 2017, c. 10, Sched. 1, s. 14 (2).

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

2002, c. 17, Sched. A, s. 43 (1-3) - 01/01/2003

2006, c. 32, Sched. A, s. 93 (1-3) - 01/01/2007

2016, c. 37, Sched. 15, s. 1 - 08/12/2016

2017, c. 10, Sched. 1, s. 14 (1, 2) - 01/01/2018

Head of regional council

218.1 (1) On the day the new council of a regional municipality is organized following the regular election in 2018, the head of council of a regional municipality shall be elected by general vote in accordance with the Municipal Elections Act, 1996. 2016, c. 37, Sched. 15, s. 2.

Conduct of regular election in 2018

(2) The regular election in 2018 in a regional municipality shall be conducted as if the method of selecting the head of council described in subsection (1) was already in effect. 2016, c. 37, Sched. 15, s. 2.

Exception

(3) This section does not apply to the County of Oxford. 2016, c. 37, Sched. 15, s. 2.

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

2016, c. 37, Sched. 15, s. 2 - 08/12/2016

Notice

219 (1) Before passing a by-law described in 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); 2006, c. 32, Sched. A, s. 94 (1).

Coming into force of by-law

(2) A by-law described in section 218 making changes described in clauses 218 (2) (a), (b) and (c) or in subsection 218 (3) is not valid unless,

(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); 2006, c. 32, Sched. A, s. 94 (2).

Commencement

(3) Despite subsection (2), a by-law described in section 218 does not come into force until the day the new council is organized following,

(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); 2006, c. 32, Sched. A, s. 94 (2).

Election

(4) The regular election held immediately before the coming into force of a by-law described in section 218 shall be conducted as if the by-law was already in force.  2001, c. 25, s. 219 (4); 2006, c. 32, Sched. A, s. 94 (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 described in section 218.  2001, c. 25, s. 219 (5); 2006, c. 32, Sched. A, s. 94 (3).

Note: On January 1, 2018, section 219 of the Act is repealed and the following substituted: (See: 2017, c. 10, Sched. 1, s. 15)

Notice, validity and commencement, by-law or resolution under s. 218

Notice

219 (1) Before passing a by-law described in section 218 or a resolution described in clause 218 (7) (b), the municipality shall give notice of its intention to pass the by-law or resolution and shall hold at least one public meeting to consider the matter. 2017, c. 10, Sched. 1, s. 15.

Validity

(2) A by-law described in section 218 making changes described in clauses 218 (2) (a), (b) and (c) or in subsection 218 (3) or a resolution described in clause 218 (7) (b) is not valid unless,

(a) a majority of all votes on the upper-tier council are cast in favour of the by-law or the resolution;

(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 or the resolution; and

(c) the total number of electors in the lower-tier municipalities that have passed resolutions consenting to the by-law or the resolution form a majority of all the electors in the upper-tier municipality. 2017, c. 10, Sched. 1, s. 15.

Commencement

(3) A by-law described in section 218 does not come into force until the day the new council is organized following,

(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. 2017, c. 10, Sched. 1, s. 15.

Election

(4) The regular election held immediately before the coming into force of a by-law described in section 218 shall be conducted as if the by-law was already in force. 2017, c. 10, Sched. 1, s. 15.

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 described in section 218. 2017, c. 10, Sched. 1, s. 15.

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

2006, c. 32, Sched. A, s. 94 (1-3) - 01/01/2007

2017, c. 10, Sched. 1, s. 15 - 01/01/2018

When regulation under s. 218 (7) begins to apply

219.1 (1) A regulation made under subsection 218 (7) does not begin to apply until the day the new council is organized following,

(a) the first regular election following the making of the regulation; or

(b) if the regulation is made in the year of a regular election before voting day, the second regular election following the making of the regulation. 2017, c. 10, Sched. 1, s. 15.

Election

(2) The regular election held immediately before a regulation made under subsection 218 (7) begins to apply shall be conducted as if the regulation already applied. 2017, c. 10, Sched. 1, s. 15.

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

2017, c. 10, Sched. 1, s. 15 - 01/01/2018

By-laws after regulation under s. 218 (7) made

219.2 If a regulation has been made under subsection 218 (7), the regional municipality that the regulation applies to shall not pass a by-law described in section 218 until after the day the regulation begins to apply. 2017, c. 10, Sched. 1, s. 15.

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

2017, c. 10, Sched. 1, s. 15 - 01/01/2018

Conflicts between by-laws under s. 218 and regulations under s. 218 (7)

219.3 In the event of a conflict between a regulation made under subsection 218 (7) and a by-law described in section 218 that comes into force on a day after the day the regulation begins to apply, the by-law prevails. 2017, c. 10, Sched. 1, s. 15.

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

2017, c. 10, Sched. 1, s. 15 - 01/01/2018

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.

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

2006, c. 32, Sched. A, s. 95 - 01/01/2007

Conflicts

221 In the event of a conflict between section 217, 218, 218.1 or 220 or a by-law described in those sections and any other Act in respect of the composition of a council, the term of office of the head of the upper-tier council, the number of votes given to each member, the method of selecting the head of council of a regional municipality or the titles of members, section 217, 218, 218.1 or 220 or a by-law described in those sections prevails. 2016, c. 37, Sched. 15, s. 3.

Note: On January 1, 2018, section 221 of the Act is amended by adding the following subsection: (See: 2017, c. 10, Sched. 1, s. 16)

Same, regulations under s. 218 (7)

(2) In the event of a conflict between a regulation made under subsection 218 (7) and any other Act in respect of the composition of a council, the term of office of the head of an upper-tier council or the number of votes given to each member, the regulation made under subsection 218 (7) prevails. 2017, c. 10, Sched. 1, s. 16.

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

2016, c. 37, Sched. 15, s. 3 - 08/12/2016

2017, c. 10, Sched. 1, s. 16 - 01/01/2018

Wards

Establishment of wards

222 (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).

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).

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).

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).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 222 (4) of the Act is amended by striking out “to the Ontario Municipal Board” and substituting “to the Local Planning Appeal Tribunal”. (See: 2017, c. 23, Sched. 5, s. 49 (1))

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).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 222 (5) of the Act is amended by striking out “appeal to the Ontario Municipal Board” at the end and substituting “appeal to the Tribunal”. (See: 2017, c. 23, Sched. 5, s. 49 (2))

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).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 222 (6) of the Act is amended by striking out “that the Board requires” and substituting “that the Tribunal requires”. (See: 2017, c. 23, Sched. 5, s. 49 (3))

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).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 222 (7) of the Act is amended by striking out “The Board shall” at the beginning and substituting “The Tribunal shall”. (See: 2017, c. 23, Sched. 5, s. 49 (4))

Coming into force of by-law

(8) A by-law of a municipality described in this section comes into force on the day the new council of the municipality is organized following,

(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

Note: On a day to be named by proclamation of the Lieutenant Governor, subclause 222 (8) (a) (iii) of the Act is amended by striking out “the Board issues” and substituting “the Tribunal issues”. (See: 2017, c. 23, Sched. 5, s. 49 (5))

(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); 2006, c. 32, Sched. A, s. 96 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, clause 222 (8) (b) of the Act is amended by striking out “by the Board” at the end and substituting “by the Tribunal”. (See: 2017, c. 23, Sched. 5, s. 49 (5))

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).

Notice to assessment corporation

(9.1) When a by-law described in this section is passed, the clerk of the municipality shall notify the assessment corporation,

(a) before January 1 in the year of the first regular election after the by-law is passed, if clause (8) (a) applies;

(b) before January 1 in the year of the second regular election after the by-law is passed, if clause (8) (b) applies.  2009, c. 33, Sched. 21, s. 6 (10).

(10) Repealed: 2017, c. 10, Sched. 1, s. 17.

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

2006, c. 32, Sched. A, s. 96 (1, 2) - 01/01/2007

2009, c. 33, Sched. 21, s. 6 (10) - 25/01/2010

2017, c. 10, Sched. 1, s. 17 - 30/05/2017; 2017, c. 23, Sched. 5, s. 49 (1-5) - not in force

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); 2006, c. 32, Sched. A, s. 97 (1).

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 90 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); 2006, c. 32, Sched. A, s. 97 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 223 (4) of the Act is amended by striking out “may apply to the Ontario Municipal Board” and substituting “may apply to the Local Planning Appeal Tribunal”. (See: 2017, c. 23, Sched. 5, s. 50 (1))

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).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 223 (5) of the Act is amended by striking out “The Board shall” at the beginning and substituting “The Tribunal shall”. (See: 2017, c. 23, Sched. 5, s. 50 (2))

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,

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 223 (6) of the Act is amended by striking out “An order of the Board” at the beginning and substituting “An order of the Tribunal”. (See: 2017, c. 23, Sched. 5, s. 50 (3))

(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 by by-law described in section 222.  2001, c. 25, s. 223 (8); 2006, c. 32, Sched. A, s. 97 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 223 (8) of the Act is amended by striking out “Once an order of the Board” at the beginning and substituting “Once an order of the Tribunal”. (See: 2017, c. 23, Sched. 5, s. 50 (4))

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

2006, c. 32, Sched. A, s. 97 (1-3) - 01/01/2007

2017, c. 23, Sched. 5, s. 50 (1-4) - not in force

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,

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (a) of the definition of “local board” in section 223.1 of the Act is repealed and the following substituted: (See: 2017, c. 14, Sched. 4, s. 23 (3))

(a) a society as defined in subsection 2 (1) of the Child, Youth and Family Services Act, 2017,

(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 Long-Term Care Homes Act, 2007,

(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; 2007, c. 8, s. 218 (5).

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

2006, c. 32, Sched. A, s. 98 - 01/01/2007

2007, c. 8, s. 218 (5) - 01/07/2010

2017, c. 14, Sched. 4, s. 23 (3) - not in force

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.

Note: On March 1, 2019, the day named by proclamation of the Lieutenant Governor, section 223.2 of the Act is repealed and the following substituted: (See: 2017, c. 10, Sched. 1, s. 18)

Code of conduct

223.2 (1) A municipality shall establish codes of conduct for members of the council of the municipality and of its local boards. 2017, c. 10, Sched. 1, s. 18.

Same

(2) Without limiting sections 9, 10 and 11, those sections authorize the municipality to establish codes of conduct. 2017, c. 10, Sched. 1, s. 18.

No offence or administrative penalty

(3) A by-law cannot provide that a member who contravenes a code of conduct is guilty of an offence or is required to pay an administrative penalty. 2017, c. 10, Sched. 1, s. 18.

Regulations

(4) The Minister may make regulations prescribing one or more subject matters that a municipality is required to include in a code of conduct. 2017, c. 10, Sched. 1, s. 18.

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

2006, c. 32, Sched. A, s. 98 - 01/01/2007

2017, c. 10, Sched. 1, s. 18 - 01/03/2019

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.

Note: On March 1, 2019, the day named by proclamation of the Lieutenant Governor, subsection 223.3 (1) of the Act is repealed and the following substituted: (See: 2017, c. 10, Sched. 1, s. 19 (1))

Integrity Commissioner

(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 any or all of the following:

1. The application of the code of conduct for members of council and the code of conduct for members of local boards.

2. 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.

3. The application of sections 5, 5.1 and 5.2 of the Municipal Conflict of Interest Act to members of council and of local boards.

4. Requests from members of council and of local boards for advice respecting their obligations under the code of conduct applicable to the member.

5. Requests from members of council and of local boards for advice respecting their obligations under a procedure, rule or policy of the municipality or of the local board, as the case may be, governing the ethical behaviour of members.

6. Requests from members of council and of local boards for advice respecting their obligations under the Municipal Conflict of Interest Act.

7. The provision of educational information to members of council, members of local boards, the municipality and the public about the municipality’s codes of conduct for members of council and members of local boards and about the Municipal Conflict of Interest Act. 2017, c. 10, Sched. 1, s. 19 (1).

Note: On March 1, 2019, the day named by proclamation of the Lieutenant Governor, section 223.3 of the Act is amended by adding the following subsections: (See: 2017, c. 10, Sched. 1, s. 19 (2))

Provision for functions if no Commissioner appointed

(1.1) If a municipality has not appointed a Commissioner under subsection (1), the municipality shall make arrangements for all of the responsibilities set out in that subsection to be provided by a Commissioner of another municipality. 2017, c. 10, Sched. 1, s. 19 (2).

Provision for functions if responsibility not assigned

(1.2) If a municipality has appointed a Commissioner under subsection (1), but has not assigned functions to the Commissioner with respect to one or more of the responsibilities set out in that subsection, the municipality shall make arrangements for those responsibilities to be provided by a Commissioner of another municipality. 2017, c. 10, Sched. 1, s. 19 (2).

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.

Note: On March 1, 2019, the day named by proclamation of the Lieutenant Governor, section 223.3 of the Act is amended by adding the following subsections: (See: 2017, c. 10, Sched. 1, s. 19 (3))

Request for advice shall be in writing

(2.1) A request by a member of council or of a local board for advice from the Commissioner under paragraph 4, 5 or 6 of subsection (1) shall be made in writing. 2017, c. 10, Sched. 1, s. 19 (3).

Advice shall be in writing

(2.2) If the Commissioner provides advice to a member of council or of a local board under paragraph 4, 5 or 6 of subsection (1), the advice shall be in writing. 2017, c. 10, Sched. 1, s. 19 (3).

Content of educational information

(2.3) If the Commissioner provides educational information to the public under paragraph 7 of subsection (1), the Commissioner may summarize advice he or she has provided but shall not disclose confidential information that could identify a person concerned. 2017, c. 10, Sched. 1, s. 19 (3).

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.

Note: On March 1, 2019, the day named by proclamation of the Lieutenant Governor, section 223.3 of the Act is amended by adding the following subsections: (See: 2017, c. 10, Sched. 1, s. 19 (4))

Indemnity

(6) A municipality shall indemnify and save harmless the Commissioner or any person acting under the instructions of that officer for costs reasonably incurred by either of them in connection with the defence of a proceeding if the proceeding relates to an act done in good faith in the performance or intended performance of a duty or authority under this Part or a by-law passed under it or an alleged neglect or default in the performance in good faith of the duty or authority. 2017, c. 10, Sched. 1, s. 19 (4).

Interpretation

(7) For greater certainty, nothing in this section affects the application of section 448 with respect to a proceeding referred to in subsection (6) of this section. 2017, c. 10, Sched. 1, s. 19 (4).

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

2006, c. 32, Sched. A, s. 98 - 01/01/2007

2017, c. 10, Sched. 1, s. 19 (1-4) - 01/03/2019

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 under sections 33 and 34 of the Public Inquiries Act, 2009, in which case those sections apply to the inquiry.  2009, c. 33, Sched. 6, s. 72 (1).

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.

Note: On March 1, 2019, the day named by proclamation of the Lieutenant Governor, section 223.4 of the Act is amended by adding the following subsections: (See: 2017, c. 10, Sched. 1, s. 20)

Termination of inquiry when regular election begins

(7) If the Commissioner has not completed an inquiry before nomination day for a regular election, as set out in section 31 of the Municipal Elections Act, 1996, the Commissioner shall terminate the inquiry on that day. 2017, c. 10, Sched. 1, s. 20.

Same

(8) If an inquiry is terminated under subsection (7), the Commissioner shall not commence another inquiry in respect of the matter unless, within six weeks after voting day in a regular election, as set out in section 5 of the Municipal Elections Act, 1996, the person or entity who made the request or the member or former member whose conduct is concerned makes a written request to the Commissioner that the inquiry be commenced. 2017, c. 10, Sched. 1, s. 20.

Other rules that apply during regular election

(9) The following rules apply during the period of time starting on nomination day for a regular election, as set out in section 31 of the Municipal Elections Act, 1996, and ending on voting day in a regular election, as set out in section 5 of that Act:

1. There shall be no requests for an inquiry about whether a member of council or of a local board has contravened the code of conduct applicable to the member.

2. The Commissioner shall not report to the municipality or local board about whether, in his or her opinion, a member of council or of a local board has contravened the code of conduct applicable to the member.

3. The municipality or local board shall not consider whether to impose the penalties referred to in subsection (5) on a member of council or of a local board. 2017, c. 10, Sched. 1, s. 20.

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

2006, c. 32, Sched. A, s. 98 - 01/01/2007

2009, c. 33, Sched. 6, s. 72 (1) - 01/06/2011

2017, c. 10, Sched. 1, s. 20 - 01/03/2019

Note: On March 1, 2019, the day named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2017, c. 10, Sched. 1, s. 21)

Inquiry by Commissioner re s. 5, 5.1 or 5.2 of Municipal Conflict of Interest Act

223.4.1 (1) This section applies if the Commissioner conducts an inquiry under this Part in respect of an application under subsection (2). 2017, c. 10, Sched. 1, s. 21.

Application

(2) An elector, as defined in section 1 of the Municipal Conflict of Interest Act, or a person demonstrably acting in the public interest may apply in writing to the Commissioner for an inquiry to be carried out concerning an alleged contravention of section 5, 5.1 or 5.2 of that Act by a member of council or a member of a local board. 2017, c. 10, Sched. 1, s. 21.

No application for inquiry during regular election

(3) No application for an inquiry under this section shall be made to the Commissioner during the period of time starting on nomination day for a regular election, as set out in section 31 of the Municipal Elections Act, 1996, and ending on voting day in a regular election, as set out in section 5 of that Act. 2017, c. 10, Sched. 1, s. 21.

Timing

(4) An application may only be made within six weeks after the applicant became aware of the alleged contravention. 2017, c. 10, Sched. 1, s. 21.

Exception

(5) Despite subsection (4), an application may be made more than six weeks after the applicant became aware of the alleged contravention if both of the following are satisfied:

1. The applicant became aware of the alleged contravention within the period of time starting six weeks before nomination day for a regular election, as set out in section 31 of the Municipal Elections Act, 1996, and ending on voting day in a regular election, as set out in section 5 of that Act.

2. The applicant applies to the Commissioner under subsection (2) within six weeks after the day after voting day in a regular election, as set out in section 5 of the Municipal Elections Act, 1996. 2017, c. 10, Sched. 1, s. 21.

Content of application

(6) An application shall set out the reasons for believing that the member has contravened section 5, 5.1 or 5.2 of the Municipal Conflict of Interest Act and include a statutory declaration attesting to the fact that the applicant became aware of the contravention not more than six weeks before the date of the application or, in the case where an applicant became aware of the alleged contravention during the period of time described in paragraph 1 of subsection (5), a statutory declaration attesting to the fact that the applicant became aware of the alleged contravention during that period of time. 2017, c. 10, Sched. 1, s. 21.

Inquiry

(7) The Commissioner may conduct such inquiry as he or she considers necessary. 2017, c. 10, Sched. 1, s. 21.

Public meeting

(8) If the Commissioner decides to conduct an inquiry, the Commissioner may have a public meeting to discuss the inquiry. 2017, c. 10, Sched. 1, s. 21.

Powers on inquiry

(9) The Commissioner may elect to exercise the powers under sections 33 and 34 of the Public Inquiries Act, 2009, in which case those sections apply to the inquiry. 2017, c. 10, Sched. 1, s. 21.

Information

(10) The municipality and its local boards shall give the Commissioner such information as the Commissioner believes to be necessary for an inquiry. 2017, c. 10, Sched. 1, s. 21.

Same

(11) 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. 2017, c. 10, Sched. 1, s. 21.

Termination of inquiry when regular election begins

(12) If the Commissioner has not completed an inquiry before nomination day for a regular election, as set out in section 31 of the Municipal Elections Act, 1996, the Commissioner shall terminate the inquiry on that day. 2017, c. 10, Sched. 1, s. 21.

Same

(13) If an inquiry is terminated under subsection (12), the Commissioner shall not commence another inquiry in respect of the matter unless, within six weeks after voting day in a regular election, as set out in section 5 of the Municipal Elections Act, 1996, the person who made the application or the member or former member whose conduct is concerned applies in writing to the Commissioner for the inquiry to be carried out. 2017, c. 10, Sched. 1, s. 21.

Timing

(14) The Commissioner shall complete the inquiry within 180 days after receiving the completed application, unless the inquiry is terminated under subsection (12). 2017, c. 10, Sched. 1, s. 21.

Completion

(15) Upon completion of the inquiry, the Commissioner may, if he or she considers it appropriate, apply to a judge under section 8 of the Municipal Conflict of Interest Act for a determination as to whether the member has contravened section 5, 5.1 or 5.2 of that Act. 2017, c. 10, Sched. 1, s. 21.

Notice to applicant re decision not to apply to judge

(16) The Commissioner shall advise the applicant if the Commissioner will not be making an application to a judge. 2017, c. 10, Sched. 1, s. 21.

Reasons after inquiry

(17) After deciding whether or not to apply to a judge, the Commissioner shall publish written reasons for the decision. 2017, c. 10, Sched. 1, s. 21.

Costs

(18) The Commissioner’s costs of applying to a judge shall be paid by the following:

1. If the member is alleged to have contravened section 5, 5.1 or 5.2 of the Municipal Conflict of Interest Act as a member of council of a municipality, the municipality.

2. If the member is alleged to have contravened section 5, 5.1 or 5.2 of the Municipal Conflict of Interest Act as a member of a local board, the local board. 2017, c. 10, Sched. 1, s. 21.

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

2017, c. 10, Sched. 1, s. 21 - 01/03/2019

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.

Note: On March 1, 2019, the day named by proclamation of the Lieutenant Governor, section 223.5 of the Act is amended by adding the following subsections: (See: 2017, c. 10, Sched. 1, s. 22)

Release of advice

(2.1) Advice provided by the Commissioner to a member under paragraph 4, 5 or 6 of subsection 223.3 (1) may be released with the member’s written consent. 2017, c. 10, Sched. 1, s. 22.

Partial release by member

(2.2) If a member releases only part of the advice provided to the member by the Commissioner under paragraph 4, 5 or 6 of subsection 223.3 (1), the Commissioner may release part or all of the advice without obtaining the member’s consent. 2017, c. 10, Sched. 1, s. 22.

Other circumstances

(2.3) The Commissioner may disclose such information as in the Commissioner’s opinion is necessary,

(a) for the purposes of a public meeting under subsection 223.4.1 (8);

(b) in an application to a judge referred to in subsection 223.4.1 (15); or

(c) in the written reasons given by the Commissioner under subsection 223.4.1 (17). 2017, c. 10, Sched. 1, s. 22.

Section prevails

(3) This section prevails over the Municipal Freedom of Information and Protection of Privacy Act.  2006, c. 32, Sched. A, s. 98.

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

2006, c. 32, Sched. A, s. 98 - 01/01/2007

2017, c. 10, Sched. 1, s. 22 - 01/03/2019

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.

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

2006, c. 32, Sched. A, s. 98 - 01/01/2007

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.

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

2006, c. 32, Sched. A, s. 98 - 01/01/2007

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.

Note: On March 1, 2019, the day named by proclamation of the Lieutenant Governor, section 223.8 of the Act is amended by striking out “of any other Act or” and substituting “of any other Act, other than the Municipal Conflict of Interest Act, or”. (See: 2017, c. 10, Sched. 1, s. 23)

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

2006, c. 32, Sched. A, s. 98 - 01/01/2007

2017, c. 10, Sched. 1, s. 23 - 01/03/2019

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.

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

2006, c. 32, Sched. A, s. 98 - 01/01/2007

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.

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

2006, c. 32, Sched. A, s. 98 - 01/01/2007

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 subsection 223.9 (1) and the system of registration and other matters described in subsection 223.9 (2).  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.

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

2006, c. 32, Sched. A, s. 98 - 01/01/2007

CTS 4 AU 09 - 2

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 subsection 223.9 (2) or with a code of conduct established under that subsection.  2006, c. 32, Sched. A, s. 98.

Inquiry

(2) The registrar may elect to exercise the powers under sections 33 and 34 of the Public Inquiries Act, 2009, in which case those sections apply to the inquiry.  2009, c. 33, Sched. 6, s. 72 (2).

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.

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

2006, c. 32, Sched. A, s. 98 - 01/01/2007

2009, c. 33, Sched. 6, s. 72 (2) - 01/06/2011; CTS 4 AU 09 - 3

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.

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

2006, c. 32, Sched. A, s. 98 - 01/01/2007

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 and, for the purpose, references in section 19 of that Act to “any public sector body” are deemed to be references to “the municipality, a local board or a municipally-controlled corporation”. 2014, c. 13, Sched. 9, s. 21.

(4) Repealed: 2014, c. 13, Sched. 9, s. 21.

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

2006, c. 32, Sched. A, s. 98 - 01/01/2007; 2006, c. 35, Sched. C, s. 134 (3) - 20/08/2007

2014, c. 13, Sched. 9, s. 21 - 01/01/2016

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.

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

2006, c. 32, Sched. A, s. 98 - 01/01/2007

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.

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

2006, c. 32, Sched. A, s. 98 - 01/01/2007

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.

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

2006, c. 32, Sched. A, s. 98 - 01/01/2007

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.

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

2006, c. 32, Sched. A, s. 98 - 01/01/2007

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.

Same

(1.1) The Auditor General shall perform his or her responsibilities under this Part in an independent manner.  2009, c. 33, Sched. 21, s. 6 (11).

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.

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

2006, c. 32, Sched. A, s. 98 - 01/01/2007

2009, c. 33, Sched. 21, s. 6 (11) - 25/01/2010

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.

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

2006, c. 32, Sched. A, s. 98 - 01/01/2007

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.

Application of Public Inquiries Act, 2009

(2) Section 33 of the Public Inquiries Act, 2009 applies to an examination by the Auditor General.  2009, c. 33, Sched. 6, s. 72 (3).

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

2006, c. 32, Sched. A, s. 98 - 01/01/2007

2009, c. 33, Sched. 6, s. 72 (3) - 01/06/2011

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.

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

2006, c. 32, Sched. A, s. 98 - 01/01/2007

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.

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

2006, c. 32, Sched. A, s. 98 - 01/01/2007

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.

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

2006, c. 32, Sched. A, s. 98 - 01/01/2007

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 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;

(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; 2006, c. 32, Sched. A, s. 99.

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

2006, c. 32, Sched. A, s. 99 - 01/01/2007

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 so that its business can be carried out efficiently and effectively;

(c) to provide leadership to the council;

(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);

(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; 2006, c. 32, Sched. A, s. 100.

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

2006, c. 32, Sched. A, s. 100 (1, 2) - 01/01/2007

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.

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.

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

2006, c. 32, Sched. A, s. 101 - 01/01/2007

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).

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).

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).

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

2006, c. 21, Sched. F, s. 120 (3) - 25/07/2007

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 November 15 in the year of a regular election.  2001, c. 25, s. 235 (1); 2006, c. 9, Sched. H, s. 5 (2); 2017, c. 10, Sched. 1, s. 24 (1).

Transition

(1.1) Despite subsection (1), with respect to the 2018 regular election, the term of office of a person described in that subsection shall begin on December 1, 2018 and end on November 14, 2022. 2017, c. 10, Sched. 1, s. 24 (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).

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

2006, c. 9, Sched. H, s. 5 (2, 3) - 18/05/2006

2017, c. 10, Sched. 1, s. 24 (1, 2) - 30/05/2017

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).

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

2002, c. 17, Sched. A, s. 44 (1, 2) - 01/01/2003

Procedure By-law

Procedure by-law

Definitions

238 (1) In this section and in sections 239 to 239.2,

“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 or other meeting of a council, of a local board or of a committee of either of them.  (“réunion”) 2001, c. 25, s. 238 (1); 2006, c. 32, Sched. A, s. 102 (1, 2).

Note: On January 1, 2018, the day named by proclamation of the Lieutenant Governor, the definition of “meeting” in subsection 238 (1) of the Act is repealed and the following substituted: (See: 2017, c. 10, Sched. 1, s. 25 (1))

“meeting” means any regular, special or other meeting of a council, of a local board or of a committee of either of them, where,

(a) a quorum of members is present, and

(b) members discuss or otherwise deal with any matter in a way that materially advances the business or decision-making of the council, local board or committee. (“réunion”)

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).

Notice

(2.1) The procedure by-law shall provide for public notice of meetings.  2006, c. 32, Sched. A, s. 102 (3).

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).

Note: On January 1, 2018, the day named by proclamation of the Lieutenant Governor, section 238 of the Act is amended by adding the following subsection: (See: 2017, c. 10, Sched. 1, s. 25 (2))

Electronic participation

(3.1) The applicable procedure by-law may provide that a member of council, of a local board or of a committee of either of them, can participate electronically in a meeting which is open to the public to the extent and in the manner set out in the by-law provided that any such member shall not be counted in determining whether or not a quorum of members is present at any point in time. 2017, c. 10, Sched. 1, s. 25 (2).

Note: On January 1, 2018, the day named by proclamation of the Lieutenant Governor, section 238 of the Act is amended by adding the following subsection: (See: 2017, c. 10, Sched. 1, s. 25 (3))

Same

(3.2) The applicable procedure by-law shall not provide that a member of council, of a local board or of a committee of either of them, can participate electronically in a meeting which is closed to the public. 2017, c. 10, Sched. 1, s. 25 (3).

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).

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

2006, c. 32, Sched. A, s. 102 (1-4) - 01/01/2007

2017, c. 10, Sched. 1, s. 25 (1-3) - 01/01/2018

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).

Note: On January 1, 2018, the day named by proclamation of the Lieutenant Governor, subsection 239 (2) of the Act is amended by adding the following clauses: (See: 2017, c. 10, Sched. 1, s. 26)

(h) information explicitly supplied in confidence to the municipality or local board by Canada, a province or territory or a Crown agency of any of them;

(i) a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization;

(j) a trade secret or scientific, technical, commercial or financial information that belongs to the municipality or local board and has monetary value or potential monetary value; or

(k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board.

Other criteria

(3) A meeting or part of a meeting shall be closed to the public if the subject matter being considered is,

(a) 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; or

(b) an ongoing investigation respecting the municipality, a local board or a municipally-controlled corporation by the Ombudsman appointed under the Ombudsman Act, an Ombudsman referred to in subsection 223.13 (1) of this Act, or the investigator referred to in subsection 239.2 (1). 2014, c. 13, Sched. 9, s. 22.

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).

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 the general nature of the matter to be considered at the closed meeting; or

(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.  2001, c. 25, s. 239 (4); 2006, c. 32, Sched. A, s. 103 (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).

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).

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

2006, c. 32, Sched. A, s. 103 (1-3) - 01/01/2007

2014, c. 13, Sched. 9, s. 22 - 01/01/2016

2017, c. 10, Sched. 1, s. 26 - 01/01/2018

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.

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

2006, c. 32, Sched. A, s. 104 - 01/01/2008

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.

Note: On January 1, 2018, the day named by proclamation of the Lieutenant Governor, section 239.2 of the Act is amended by adding the following subsection: (See: 2017, c. 10, Sched. 1, s. 27)

Requirement to pass resolution re report

(12) If a municipality or a local board receives a report from a person referred to in clause 239.1 (a) or (b) reporting his or her opinion, and the reasons for it, that a meeting or part of a meeting that was the subject-matter of an investigation by that person appears to have been closed to the public contrary to section 239 or to a procedure by-law under subsection 238 (2), the municipality or the local board, as the case may be, shall pass a resolution stating how it intends to address the report. 2017, c. 10, Sched. 1, s. 27.

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

2006, c. 32, Sched. A, s. 104 - 01/01/2008

2017, c. 10, Sched. 1, s. 27 - 01/01/2018

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 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, with respect to the role of presiding at meetings.  2006, c. 32, Sched. A, s. 105; 2017, c. 10, Sched. 1, s. 28.

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

2006, c. 32, Sched. A, s. 105 - 01/01/2007

2017, c. 10, Sched. 1, s. 28 - 30/05/2017

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 sections 233 and 238, 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; 2006, c. 32, Sched. A, s. 106.

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

2006, c. 32, Sched. A, s. 106 - 01/01/2007

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).

Application of Public Inquiries Act, 2009

(2) Section 33 of the Public Inquiries Act, 2009 applies to an inquiry into the sufficiency of the application by the clerk.  2009, c. 33, Sched. 6, s. 72 (4).

Effect of certificate

(3) The certificate of the clerk is conclusive that the application was sufficiently signed.  2001, c. 25, s. 250 (3).

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

2009, c. 33, Sched. 6, s. 72 (4) - 01/06/2011

251, 252 Repealed:  2006, c. 32, Sched. A, s. 107.

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

2006, c. 32, Sched. A, s. 107 - 01/01/2008

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) 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.

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.

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.

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.

(7), (8) Repealed:  2006, c. 32, Sched. A, s. 108.

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).

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

2006, c. 32, Sched. A, s. 108 - 01/01/2007

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 or a local board may be destroyed if a retention period for the record has been established under this section and,

(a) the retention period has expired; or

(b) the record is a copy of the original record.  2001, c. 25, s. 255 (2); 2006, c. 32, Sched. A, s. 109 (1).

Retention periods

(3) A municipality may 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); 2017, c. 10, Sched. 1, s. 29 (1).

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 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); 2017, c. 10, Sched. 1, s. 29 (2).

Records transferred

(5) Subsections (1) to (4) continue to apply to records transferred to a person under section 254.  2001, c. 25, s. 255 (5); 2006, c. 32, Sched. A, s. 109 (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).

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

2006, c. 32, Sched. A, s. 109 (1, 2) - 01/01/2007

2017, c. 10, Sched. 1, s. 29 (1, 2) - 30/05/2017

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,

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.

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 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.  2001, c. 25, s. 258 (1); 2006, c. 32, Sched. A, s. 110; 2006, c. 35, Sched. C, s. 86.

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).

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

2005, c. 5, s. 44 (3) - 13/06/2005

2006, c. 32, Sched. A, s. 110 - 01/01/2007; 2006, c. 35, Sched. C, s. 86 - 20/08/2007

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

(1.1) Clause (1) (c) does not apply to vacate the office of a member of council of a municipality who is absent for 20 consecutive weeks or less if the absence is a result of the member’s pregnancy, the birth of the member’s child or the adoption of a child by the member. 2017, c. 10, Sched. 1, s. 30.

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).

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

2017, c. 10, Sched. 1, s. 30 - 30/05/2017

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).

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).

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

2002, c. 17, Sched. A, s. 45 (1, 2) - 01/01/2003

2006, c. 21, Sched. F, s. 120 (4) - 25/07/2007

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).

268 Repealed:  2006, c. 32, Sched, A, s. 111.

Note: On January 1, 2018, the day named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section before the heading “Policies”: (See: 2017, c. 10, Sched. 1, s. 31)

Temporary replacement, member of upper-tier council

268 (1) Subject to subsection (2), the council of a local municipality may appoint one of its members as an alternate member of the upper-tier council, to act in place of a person who is a member of the councils of the local municipality and its upper-tier municipality, when the person is unable to attend a meeting of the upper-tier council for any reason. 2017, c. 10, Sched. 1, s. 31.

Limitation

(2) Subsection (1) does not authorize,

(a) the appointment of more than one alternate member during the term of council;

(b) the appointment of an alternate member to act in place of an alternate member appointed under subsection 267 (1) or (2); or

(c) the appointment of an alternate head of council of the upper-tier municipality. 2017, c. 10, Sched. 1, s. 31.

Other temporary replacement

(3) Despite clause (2) (a), if the seat of the member who has been appointed as an alternate member under subsection (1) becomes vacant, the council of a local municipality may appoint another of its members as an alternate member for the remainder of the council term. 2017, c. 10, Sched. 1, s. 31.

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

2006, c. 32, Sched. A, s. 111 - 01/01/2007

2017, c. 10, Sched. 1, s. 31 - 01/01/2018

Policies

Interpretation

269 (1) In section 270,

“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 as defined in the Housing Services Act, 2011, despite clause 26 (b) of that Act, and

(e) any other prescribed body performing a public function.  2001, c. 25, s. 269 (1); 2006, c. 32, Sched. A, s. 112; 2011, c. 6, Sched. 1, s. 187 (3).

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).

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

2006, c. 32, Sched. A, s. 112 - 01/01/2007

2011, c. 6, Sched. 1, s. 187 (3) - 01/01/2012

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.

Note: On March 1, 2019, the day named by proclamation of the Lieutenant Governor, subsection 270 (1) of the Act is amended by adding the following paragraph: (See: 2017, c. 10, Sched. 1, s. 32)

2.1 The relationship between members of council and the officers and employees of the municipality.

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.

Note: On March 1, 2019, the day named by proclamation of the Lieutenant Governor, subsection 270 (1) of the Act is amended by adding the following paragraphs: (See: 2017, c. 10, Sched. 1, s. 32)

7. The manner in which the municipality will protect and enhance the tree canopy and natural vegetation in the municipality.

8. Pregnancy leaves and parental leaves of members of council.

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.

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

2006, c. 32, Sched. A, s. 113 - 01/01/2008

2017, c. 10, Sched. 1, s. 32 - 01/03/2019

Integrated Planning for Service Delivery

Regulations re integration of planning for service delivery

271 The Minister may make regulations prescribing actions that municipalities must take which, in the opinion of the Minister, are necessary or desirable to support the integration of planning for municipal service delivery with planning for service delivery by other public bodies or by other persons. 2017, c. 10, Sched. 1, s. 33.

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

2006, c. 32, Sched. A, s. 113 - 01/01/2008

2017, c. 10, Sched. 1, s. 33 - 30/05/2017

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).

Application of Public Inquiries Act, 2009

(2) Section 33 of the Public Inquiries Act, 2009 applies to the investigation or inquiry by the judge.  2009, c. 33, Sched. 6, s. 72 (5).

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).

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

2009, c. 33, Sched. 6, s. 72 (5) - 01/06/2011

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 has a value exceeding $50,000 at the time of disposal; and

(d) making any expenditures or incurring any other liability which exceeds $50,000.  2001, c. 25, s. 275 (3); 2006, c. 32, Sched. A, s. 114 (1).

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).

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).

Upper-tier council

(5) This section applies with necessary modifications to the council of an upper-tier municipality.  2001, c. 25, s. 275 (5).

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).

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

2006, c. 32, Sched. A, s. 114 (1-3) - 01/01/2007

276 Repealed:  2006, c. 32, Sched. A, s. 115.

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

2006, c. 2, s. 49 (1-4) - 30/06/2006; 2006, c. 32, Sched. A, s. 115 - 01/01/2007

277 Repealed:  2006, c. 32, Sched. A, s. 115.

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

2006, c. 32, Sched. A, s. 115 - 01/01/2007

Insurance

Definitions

278 (1) 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.

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).

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

2006, c. 21, Sched. F, s. 120 (5) - 25/07/2007

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).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 279 (2) of the Act is amended by striking out “in accordance with section 418” at the end and substituting “in accordance with section 418, even if section 418.1 applies to one or more of the municipalities”. (See: 2017, c. 10, Sched. 1, s. 34)

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).

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

2017, c. 10, Sched. 1, s. 34 - not in force

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).

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

2005, c. 5, s. 44 (4) - 13/06/2005

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 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 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 or the Town of Markham Act, 1989, respectively.  2002, c. 17, Sched. A, s. 46 (3); 2006, c. 11, Sched. B, s. 9 (3); 2006, c. 32, Sched. A, s. 116 (1).

If by-law not passed under subs. 255 (2) of old Act

(9) If the City of Mississauga or the Town of Markham, as the case may be, does not pass a resolution under subsection 255 (2) of the old Act,

(a) despite the City of Mississauga Act, 1988 or the Town of Markham Act, 1989, the City of Mississauga 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

(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); 2006, c. 11, Sched. B, s. 9 (4); 2006, c. 32, Sched. A, s. 116 (2).

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).

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

2002, c. 17, Sched. A, s. 46 (1-3) - 01/01/2003

2006, c. 9, Sched. H, s. 5 (4) - 18/05/2006; 2006, c. 11, Sched. B, s. 9 (3, 4) - 01/01/2007; 2006, c. 32, Sched. A, s. 116 (1, 2) - 01/01/2007

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).

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.

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

2006, c. 32, Sched. A, s. 117 - 01/01/2007

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).

Note: On a day to be named by proclamation of the Lieutenant Governor, clause 286 (1) (f) of the Act is repealed and the following substituted: (See: 2017, c. 10, Sched. 1, s. 35)

(f) ensuring investments of the municipality are made in compliance with the regulations made under section 418, if applicable; and

(g) complying with any requirements applicable to the treasurer under section 418.1.

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.

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

2002, c. 17, Sched. A, s. 47 - 01/01/2003

2017, c. 10, Sched. 1, s. 35 - not in force

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.

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

2006, c. 32, Sched. A, s. 118 - 01/01/2007

288 Repealed:  2006, c. 32, Sched. A, s. 118.

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

2006, c. 32, Sched. A, s. 118 - 01/01/2007

Yearly budgets, upper-tier

289 (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,

(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); 2006, c. 32, Sched. A, s. 119 (1).

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).

Detail and form

(2) The budget shall, in such detail and form as the Minister may require, set out the following amounts:

1. 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 the amount it intends to raise on less than all the rateable property in the municipality by a special upper-tier levy under section 311.

2. The estimated portion of the estimated revenues described in paragraph 1, if any, to be paid into the municipality’s reserve, sinking and retirement funds.

3. The estimated expenses, subject to any regulation made under clause 292 (2) (a).

4. The estimated portion of the estimated expenses described in paragraph 3, if any, to be paid out of the municipality’s reserve, sinking and retirement funds.  2009, c. 18, Sched. 18, s. 1.

Reserve fund adjustment

(3) The total calculated under paragraph 1 shall be at least equal to the total calculated under paragraph 2:

1. The amount described in paragraph 1 of subsection (2), added to the amount described in paragraph 4 of subsection (2).

2. The amount described in paragraph 2 of subsection (2), added to the amount described in paragraph 3 of subsection (2).  2009, c. 18, Sched. 18, s. 1.

Allowance

(4) In preparing the budget for a year, the upper-tier municipality,

(a) shall not include in the estimated revenues described in paragraph 1 of subsection (2) the estimated proceeds of any borrowing during the year;

(b) shall treat as estimated revenues any surplus of any previous year that resulted because,

(i) revenues for that year were greater than the amount described in paragraph 1 of subsection (2) for that year, or

(ii) expenses for that year were less than the amount described in paragraph 3 of subsection (2) for that year;

(c) shall provide for any deficit of any previous year that resulted because,

(i) revenues for that year were less than the amount calculated by deducting for that year the amount described in paragraph 2 of subsection (2) from the amount described in paragraph 1 of subsection (2), or

(ii) expenses were incurred by the municipality that were not in the budget for that year and were not paid for that year from a reserve, sinking or retirement fund;

(d) 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;

(e) may provide for taxes and other revenues that it is estimated will not be collected during the year; and

(f) may provide for such reserve funds as the municipality considers necessary.  2009, c. 18, Sched. 18, s. 1.

(5) Repealed: 2017, c. 10, Sched. 1, s. 36.

Application of provisions

(6) Section 34 of the Assessment Act and section 353 of this Act apply with necessary modifications to the upper-tier municipality.  2009, c. 18, Sched. 18, s. 1.

Yearly budget from boards, etc.

(7) 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.  2009, c. 18, Sched. 18, s. 1.

Legislation Act, 2006

(8) Part III (Regulations) of the Legislation Act, 2006 does not apply to a requirement of the Minister under subsection (2).  2009, c. 18, Sched. 18, s. 1.

Definition

(9) In this section,

“reserve fund” includes a reserve.  2009, c. 18, Sched. 18, s. 1.

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

2006, c. 21, Sched. F, s. 120 (6) - 25/07/2007; 2006, c. 32, Sched. A, s. 119 (1-4) - 01/01/2007

2009, c. 18, Sched. 18, s. 1 - 01/01/2009

2017, c. 10, Sched. 1, s. 36 - 30/05/2017

Yearly budget, local municipalities

290 (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,

(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); 2006, c. 32, Sched. A, s. 120 (1).

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).

Detail and form

(2) The budget shall, in such detail and form as the Minister may require, set out the following amounts:

1. 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 the amount it intends to raise on less than all the rateable property in the municipality by a special local municipality levy under section 312.

2. The estimated portion of the estimated revenues described in paragraph 1, if any, to be paid into the municipality’s reserve, sinking and retirement funds.

3. The estimated expenses, subject to any regulation made under clause 292 (2) (a).

4. The estimated portion of the estimated expenses described in paragraph 3, if any, to be paid out of the municipality’s reserve, sinking and retirement funds.  2009, c. 18, Sched. 18, s. 2.

Reserve fund adjustment

(3) The total calculated under paragraph 1 shall be at least equal to the total calculated under paragraph 2:

 1. The amount described in paragraph 1 of subsection (2), added to the amount described in paragraph 4 of subsection (2).

2. The amount described in paragraph 2 of subsection (2), added to the amount described in paragraph 3 of subsection (2).  2009, c. 18, Sched. 18, s. 2.

Allowance

(4) In preparing the budget for a year, the local municipality,

(a) shall not include in the estimated revenues described in paragraph 1 of subsection (2) the estimated proceeds of any borrowing during the year;

(b) shall treat as estimated revenues any surplus of any previous year that resulted because,

(i) revenues for that year were greater than the amount described in paragraph 1 of subsection (2) for that year, or

(ii) expenses for that year were less than the amount described in paragraph 3 of subsection (2) for that year;

(c) shall provide for any deficit of any previous year that resulted because,

(i) revenues for that year were less than the amount calculated by deducting for that year the amount described in paragraph 2 of subsection (2) from the amount described in paragraph 1 of subsection (2), or

(ii) expenses were incurred by the municipality that were not in the budget for that year and were not paid for that year from a reserve, sinking or retirement fund;

(d) shall provide for the cost of the collection of taxes and any abatement or discount of taxes;

(e) 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;

(f) may provide for taxes and other revenues that it is estimated will not be collected during the year; and

(g) may provide for such reserve funds as the municipality considers necessary.  2009, c. 18, Sched. 18, s. 2.

(5) Repealed: 2017, c. 10, Sched. 1, s. 37.

Yearly budget from boards, etc.

(6) 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.  2009, c. 18, Sched. 18, s. 2.

Legislation Act, 2006

(7) Part III (Regulations) of the Legislation Act, 2006 does not apply to a requirement of the Minister under subsection (2).  2009, c. 18, Sched. 18, s. 2.

Definition

(8) In this section,

“reserve fund” includes a reserve.  2009, c. 18, Sched. 18, s. 2.

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

2006, c. 21, Sched. F, s. 120 (7) - 25/07/2007; 2006, c. 32, Sched. A, s. 120 (1-4) - 01/01/2007

2009, c. 18, Sched. 18, s. 2 - 01/01/2009

2017, c. 10, Sched. 1, s. 37 - 30/05/2017

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 (4) (b), or section 290, except clause 290 (4) (b), 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; 2009, c. 18, Sched. 18, s. 3.

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.

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

2006, c. 32, Sched. A, s. 121 - 01/01/2007

2009, c. 18, Sched. 18, s. 3 - 05/06/2009

Regulations, changes in financial reporting requirements

292 (1) If changes in the financial reporting requirements of a municipality or local board affect the 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 to its budgets over a period of years;

(b) governing the phase-in.  2009, c. 18, Sched. 18, s. 4.

Regulations, budgets

(2) The Minister may make regulations,

(a) prescribing types of expenses that a municipality or local board may exclude from the estimated expenses described in paragraph 3 of subsection 289 (2) and in paragraph 3 of subsection 290 (2);

(b) prescribing conditions that must be met before a municipality or local board may exclude from the estimated expenses the types of expenses prescribed under clause (a);

(c) prescribing a date for the purposes of subsection (4).  2009, c. 18, Sched. 18, s. 4.

Retroactive

(3) A regulation made under this section may be retroactive to January 1 of the year in which the regulation is made.  2009, c. 18, Sched. 18, s. 4.

Review

(4) The Ministry of Municipal Affairs and Housing shall, on or before a prescribed date, initiate a review of any regulation made under clause (2) (a) or (b).  2009, c. 18, Sched. 18, s. 4.

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

2009, c. 18, Sched. 18, s. 4 - 05/06/2009

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).

(2), (3) Repealed:  2006, c. 32, Sched. A, s. 122.

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).

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

2006, c. 21, Sched. F, s. 120 (8) - 25/07/2007; 2006, c. 32, Sched. A, s. 122 - 01/01/2007

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 Chartered Professional Accountants of Canada.  2006, c. 32, Sched. A, s. 123; 2017, c. 10, Sched. 1, s. 38.

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

2006, c. 32, Sched. A, s. 123 - 01/01/2007

2017, c. 10, Sched. 1, s. 38 - 30/05/2017

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; and

(b) performing duties required by the municipality or local board.

(c) Repealed:  2006, c. 32, Sched. A, s. 124 (1).

2001, c. 25, s. 296 (1); 2004, c. 8, s. 46; 2006, c. 32, Sched. A, s. 124 (1).

(2), (2.1) Repealed: 2015, c. 27, Sched. 5, s. 4 (3).

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 clause (1) (a) 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); 2006, c. 32, Sched. A, s. 124 (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 that is responsible for the largest share of the expenses of the local board in the year is required to audit the local board in that year.  2009, c. 18, Sched. 18, s. 5.

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).

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

2004, c. 8, s. 46, Table - 01/11/2005

2006, c. 21, Sched. F, s. 120 (9) - 25/07/2007; 2006, c. 32, Sched. A, s. 124 (1, 2) - 01/01/2007

2009, c. 18, Sched. 18, s. 5 - 05/06/2009

2015, c. 27, Sched. 5, s. 4 (3) - 03/12/2015

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 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.

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 section 33 of the Public Inquiries Act, 2009 applies to the taking of that evidence.  2009, c. 33, Sched. 6, s. 72 (6).

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).

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

2006, c. 32, Sched. A, s. 125 - 01/01/2007

2009, c. 33, Sched. 6, s. 72 (6) - 01/06/2011

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).

(2) Repealed:  2006, c. 32, Sched. A, s. 126 (1).

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 designated by the Minister but in the manner and form determined by the municipality.  2006, c. 32, Sched. A, s. 126 (2).

(5) Repealed:  2006, c. 32, Sched. A, s. 126 (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).

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).

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

2006, c. 21, Sched. F, s. 120 (10) - 25/07/2007; 2006, c. 32, Sched. A, s. 126 (1, 2) - 01/01/2007

300 Repealed:  2006, c. 32, Sched. A, s. 127.

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

2006, c. 21, Sched. F, s. 120 (11) - no effect - see 2006, c. 32, Sched. A, s. 127 - 01/01/2007; 2006, c. 32, Sched. A, s. 127 - 01/01/2007

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,

“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); 2006, c. 32, Sched. A, s. 128.

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).

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

2006, c. 32, Sched. A, s. 128 - 01/01/2007

303 Repealed:  2006, c. 32, Sched. A, s. 129.

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

2006, c. 21, Sched. F, s. 120 (12) - no effect - see 2006, c. 32, Sched. A, s. 129 - 01/01/2007; 2006, c. 32, Sched. A, s. 129 - 01/01/2007

Use of collection agency

304 If a municipality uses a registered collection agency in good standing under the Collection and Debt Settlement Services Act to recover a debt, including taxes, payable to the municipality, the collection agency may also recover its reasonable costs of collecting the debt but those costs shall not exceed an amount approved by the municipality. 2001, c. 25, s. 304; 2013, c. 13, Sched. 1, s. 16.

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

2013, c. 13, Sched. 1, s. 16 - 01/01/2015

Sale of debt

305 (1) A municipality may sell any prescribed debt payable to the municipality to any other person in accordance with the prescribed rules and conditions.  2001, c. 25, s. 305 (1); 2002, c. 17, Sched. A, s. 48 (1).

Priority passed

(2) A person who acquires the debt has the priority of the municipality with respect to the debt.  2001, c. 25, s. 305 (2).

Regulations

(3) The Minister may make regulations,

(a) prescribing debt for the purpose of this section;

(b) prescribing rules and conditions for the purpose of subsection (1).  2002, c. 17, Sched. A, s. 48 (2).

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

2002, c. 17, Sched. A, s. 48 (1, 2) - 01/01/2003

PART VIII
MUNICIPAL TAXATION

Definitions

306 In this Part,

“assessment” means the assessment for real property made under the Assessment Act according to the last returned assessment roll; (“évaluation”)

“commercial property class” means the commercial property class prescribed under the Assessment Act; (“catégorie des biens commerciaux”)

“general reassessment” means the updating of assessments in a year in respect of which a new valuation date, as specified under subsection 19.2 (1) of the Assessment Act, applies; (”réévaluation générale”)

“payment in lieu of taxes” means an amount referred to in subparagraph 24 iii of subsection 3 (1) of the Assessment Act, taxes for municipal and school purposes payable by a designated electricity utility within the meaning of section 19.0.1 of the Assessment Act or by a corporation referred to in clause (d) of the definition of “municipal electricity utility” in section 88 of the Electricity Act, 1998 or an amount that a local municipality receives under,

(a) subsection 27 (3), section 27.1 or 27.2 of the Assessment Act,

(b) section 323 and subsection 324 (4) of this Act,

(c) section 4 of the Municipal Tax Assistance Act,

(d) section 71 of the Ontario Water Resources Act,

(e) section 84 of the Electricity Act, 1998,

(f) Repealed: 2006, c. 32, Sched. A, s. 130.

(g) the Payments in Lieu of Taxes Act (Canada), or

(h) any Act of Ontario or of Canada or any agreement where the payment is from any government or government agency and is in lieu of taxes on real property, but not including a payment referred to in section 366; (“paiement tenant lieu d’impôts”)

“property class” means a class of real property prescribed under the Assessment Act; (“catégorie de biens”)

“residential property class” means the residential property class prescribed under the Assessment Act; (“catégorie des biens résidentiels”)

“school board” means a board as defined in subsection 1 (1) of the Education Act; (“conseil scolaire”)

“tax rate” means the tax rate to be levied against property expressed as a percentage, to six decimal places, of the assessment of the property. (“taux d’imposition”, “taux de l’impôt”)  2001, c. 25, s. 306; 2002, c. 22, s. 151; 2006, c. 32, Sched. A, s. 130; 2017, c. 10, Sched. 1, s. 39.

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

2002, c. 22, s. 151 (1, 2) - 01/01/2003

2006, c. 32, Sched. A, s. 130 - 01/01/2007

2017, c. 10, Sched. 1, s. 39 - 30/05/2017

Taxes to be levied equally

307 (1) All taxes shall, unless expressly provided otherwise, be levied upon the whole of the assessment for real property or other assessments made under the Assessment Act according to the amounts assessed and not upon one or more kinds of property or assessment or in different proportions.  2001, c. 25, s. 307 (1).

Tax ratios

(2) If, in this or any other Act or any by-law passed under any Act, taxes, fees or charges are expressly or in effect directed or authorized to be levied upon rateable property of a municipality for municipal purposes, unless expressly provided otherwise,

(a) such taxes, fees or charges shall be calculated as percentages of the assessment for real property in each property class; and

(b) the tax rates and the rates to raise the fees or charges shall be in the same proportion to each other as the tax ratios established under section 308 for the property classes are to each other.  2001, c. 25, s. 307 (2).

Deemed imposition

(3) Taxes imposed for a year shall be deemed to have been imposed and to be due on January 1 of the year unless the by-law imposing the tax provides otherwise.  2001, c. 25, s. 307 (3).

Establishment of tax ratios

Definitions

308 (1) In this section,

“commercial classes” means the commercial property class prescribed under the Assessment Act and optional property classes that contain property that, if the council of the municipality did not opt to have the optional property class apply, would be in the commercial property class; (“catégories commerciales”)

“industrial classes” means the industrial property class prescribed under the Assessment Act and optional property classes that contain property that, if the council of the municipality did not opt to have the optional property class apply, would be in the industrial property class; (“catégories industrielles”)

“optional property class” means a property class that the council of a municipality may opt to have apply within the municipality under regulations made under the Assessment Act. (“catégorie de biens facultative”)  2001, c. 25, s. 308 (1).

Tax ratios

(2) A set of tax ratios for every municipality shall be established in accordance with this section.  2001, c. 25, s. 308 (2).

What tax ratios are

(3) The tax ratios are the ratios that the tax rate for each property class must be to the tax rate for the residential property class where the residential property class tax ratio is 1.  2002, c. 22, s. 152 (1).

Single-tier municipalities

(4) A single-tier municipality shall pass a by-law in each year to establish the tax ratios for that year for the municipality.  2009, c. 33, Sched. 21, s. 6 (12).

Tiered municipalities

(5) An upper-tier municipality shall pass a by-law in each year to establish the tax ratios for that year for the upper-tier municipality and its lower-tier municipalities.  2009, c. 33, Sched. 21, s. 6 (12).

Limitation

(6) A municipality shall not pass a by-law under subsection (4) or (5) until transition ratios are established for the property classes that apply within the municipality, other than the residential property class, the farm property class and the managed forests property class prescribed under the Assessment Act.  2001, c. 25, s. 308 (6); 2002, c. 22, s. 152 (2).

Tiered municipalities, uniform ratios

(7) A by-law under subsection (5) must establish, for each property class, a single tax ratio for the upper-tier municipality and its lower-tier municipalities.  2001, c. 25, s. 308 (7).

Ratios within prescribed ranges

(8) The tax ratio for a property class must be within the allowable range prescribed for the property class.  2001, c. 25, s. 308 (8).

Exception

(9) Despite subsection (8), the tax ratio for a property class for a municipality may be outside the allowable range in the following circumstances:

1. For the first year for which the property class applies with respect to a municipality, the tax ratio may be,

i. above the range if it is less than or equal to the prescribed transition ratio for the property class for the municipality, or

ii. below the range if it is greater than or equal to the prescribed transition ratio for the property class for the municipality.

2. For a subsequent year the tax ratio may be,

i. above the range if it is less than or equal to the tax ratio for the property class for the previous year, or

ii. below the range if it is greater than or equal to the tax ratio for the property class for the previous year.  2001, c. 25, s. 308 (9).

Exception, subsequent reassessment

(10) Despite subsections (8) and (9), the Minister of Finance may prescribe a new transition ratio, including the average transition ratio, for a taxation year or any previous taxation year for a property class for a municipality and,

(a) for the first year in respect of which the transition ratio is prescribed, the tax ratio may be,

(i) above the allowable range if it is less than or equal to the prescribed transition ratio for the property class for the municipality, or

(ii) below the allowable range if it is greater than or equal to the prescribed transition ratio for the property class for the municipality; and

(b) for a subsequent year, the tax ratio may be,

(i) above the allowable range if it is less than or equal to the tax ratio for the property class for the previous year, or

(ii) below the allowable range if it is greater than or equal to the tax ratio for the property class for the previous year.  2001, c. 25, s. 308 (10).

Average transition ratios

(11) For each municipality, the council of which is required to pass a by-law under this section to establish tax ratios, there shall be an average transition ratio for the commercial classes and an average transition ratio for the industrial classes, determined in accordance with the following:

1. For the first year that an optional property class applies or, subject to subsection (17) or (18), ceases to apply in the municipality, the average transition ratio shall be the prescribed average transition ratio.

2. For a subsequent year, the average transition ratio shall be the weighted average, for the previous year, of the tax ratios for the property classes to which the average transition ratio relates.  2001, c. 25, s. 308 (11).

If transition ratio is in allowable range for property class

(11.1) If the Minister of Finance prescribes a transition ratio for the purposes of this section that is within the allowable range prescribed for a property class, the tax ratio for the property class must be within the allowable range prescribed for the property class.  2006, c. 33, Sched. V, s. 1.

Special rule, commercial classes

(12) The tax ratio for a property class that is one of the commercial classes may be greater than what would be allowed under subsection (8), (9) or (10) if the following are satisfied:

1. The tax ratio is less than or equal to the average transition ratio for the commercial classes for the year.

2. The weighted average, for the year, of the tax ratios for the commercial classes does not exceed the average transition ratio for the commercial classes for the year.  2001, c. 25, s. 308 (12).

Special rule, industrial classes

(13) The tax ratio for a property class that is one of the industrial classes may be greater than what would be allowed under subsection (8), (9) or (10) if the following are satisfied:

1. The tax ratio is less than or equal to the average transition ratio for the industrial classes for the year.

2. The weighted average, for the year, of the tax ratios for the industrial classes does not exceed the average transition ratio for the industrial classes for the year.  2001, c. 25, s. 308 (13).

Weighted average

(14) For the purposes of subsections (11) to (13), the weighted average, for a year, of the tax ratios for property classes shall be determined as follows:

1. For each property class, multiply the tax ratio for the property class for the year by the total assessment of the properties in the property class for the year.

2. Add the amounts determined under paragraph 1 for each property class together.

3. Add the total assessments of the properties in the property classes for the year, used in the calculation under paragraph 1, together.

4. The weighted average is the amount determined under paragraph 2 divided by the amount determined under paragraph 3.  2001, c. 25, s. 308 (14).

Optional classes, regulations

(15) The Minister of Finance may make regulations prescribing transition ratios for a year,

(a) for the commercial classes if a municipality opts to have a property class that is one of the commercial classes apply for the year and the property class did not apply within the municipality for the previous year; and

(b) for the industrial classes if a municipality opts to have a property class that is one of the industrial classes apply for the year and the property class did not apply within the municipality for the previous year.  2001, c. 25, s. 308 (15).

Effect of new transition ratios

(16) If new transition ratios are prescribed under subsection (15), paragraph 1 of subsection (9) applies, with necessary modifications, for the year with respect to which they apply.  2001, c. 25, s. 308 (16).

Opting out, commercial classes

(17) If all optional property classes that contain property that would otherwise be in the commercial property class cease to apply for a year in a municipality, the transition ratio for the commercial property class for the year shall be equal to the average transition ratio for the commercial classes for the previous year under subsection (11), and subsection (9) or (10) applies, with necessary modifications, for the year.  2001, c. 25, s. 308 (17).

Opting out, industrial classes

(18) If all optional property classes that contain property that would otherwise be in the industrial property class cease to apply for a year in a municipality, the transition ratio for the industrial property class for the year shall be equal to the average transition ratio for the industrial classes for the previous year under subsection (11), and subsection (9) or (10) applies, with necessary modifications, for the year.  2001, c. 25, s. 308 (18).

Regulations, Minister of Finance

(19) The Minister of Finance may make regulations,

(a) Repealed:  2009, c. 33, Sched. 21, s. 6 (13).

(b) governing the determination of the tax ratios by municipalities for a taxation year;

(c) prescribing, for the purposes of subsection (8), the allowable ranges for the tax ratios for the property classes;

(d) prescribing transition ratios for the property classes for the purposes of subsections (9) and (10) or prescribing a method for determining such ratios;

(e) prescribing average transition ratios for the purposes of subsection (11);

(f) designating a group of municipalities specified in the regulations, each one of which is a municipality whose council is required under subsection (4) or (5) to pass a by-law establishing tax ratios for a year, and requiring each such municipality, despite subsections (8), (9) and (10), to establish, as the tax ratio for the year for each property class specified in the regulations, the ratio specified in the regulations for the property class.  2001, c. 25, s. 308 (19); 2009, c. 33, Sched. 21, s. 6 (13).

Regulations can be retroactive

(20) A regulation under clauses (19) (c) to (f) may be retroactive to a date not earlier than January 1 of the year in which the regulation was made.  2001, c. 25, s. 308 (20).

Regulation upon request of municipality

(21) A regulation under clause (19) (f) may not be made unless, before the regulation is made, the council of each municipality to be specified in the regulation passes a resolution requesting that the regulation be made, specifying the property classes to which the regulation is to apply and specifying what the tax ratio for each such class shall be.  2001, c. 25, s. 308 (21).

Regulations

(22) The Minister may make regulations,

(a) requiring municipalities to provide the Minister with the information prescribed at the times and in the manner prescribed;

(b) requiring municipalities that establish tax ratios to give notice of the tax ratios to such persons and in such manner as prescribed.  2001, c. 25, s. 308 (22).

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

2002, c. 22, s. 152 (1, 2) - 01/01/2003

2006, c. 33, Sched. V, s. 1 - 20/12/2006

2009, c. 33, Sched. 21, s. 6 (12, 13) - 25/01/2010

Restrictions, tax ratios for certain property classes

308.1 (1) This section applies despite subsections 308 (4), (5), (8), (9) and (10).  2002, c. 22, s. 153.

Managed forests property class

(2) The tax ratio for the managed forests property class prescribed under the Assessment Act is 0.25.  2002, c. 22, s. 153.

Farm property class

(3) The tax ratio for the farm property class prescribed under the Assessment Act is 0.25 or such lower tax ratio as the upper-tier municipality or single-tier municipality may establish.  2002, c. 22, s. 153.

Same, single-tier municipality

(4) A single-tier municipality that intends to apply a tax ratio of less than 0.25 to the farm property class for a tax year shall pass a by-law in the year to establish the tax ratio for the farm property class for that year for the municipality.  2002, c. 22, s. 153; 2009, c. 33, Sched. 21, s. 6 (14).

Same, upper-tier municipality

(5) An upper-tier municipality that intends to apply a tax ratio of less than 0.25 to the farm property class for a tax year shall pass a by-law in the year to establish the tax ratio for that year for the farm property class for the upper-tier municipality and its lower-tier municipalities.  2002, c. 22, s. 153; 2009, c. 33, Sched. 21, s. 6 (15).

(6) Repealed:  2009, c. 33, Sched. 21, s. 6 (16).

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

2002, c. 22, s. 153 - 01/01/2003

2009, c. 33, Sched. 21, s. 6 (14-16) - 25/01/2010

Separated municipalities

309 (1) In this section,

“separated area” means all or part of a separated municipality which becomes part of an upper-tier municipality for municipal purposes; (“secteur séparé”)

“separated municipality” means a local municipality that is situated within a geographic county but does not form part of the county for municipal purposes. (“municipalité séparée”)  2001, c. 25, s. 309 (1).

Regulations

(2) If, as a result of an order under section 173 or 175, all or part of a separated municipality becomes part of an upper-tier municipality for municipal purposes on or after January 1, 2001, the Minister may make regulations establishing, or delegating to a municipality the authority to establish, tax ratios for the separated area that may be different from the tax ratios established by the upper-tier municipality for the rest of the upper-tier municipality.  2001, c. 25, s. 309 (2).

Content

(3) A regulation under subsection (2) may impose conditions on the delegation to the municipality of the authority to establish tax ratios for separated areas which may include,

(a) the length of time the authority is delegated;

(b) the dates by which the tax ratios must be set;

(c) requiring the tax ratio differences between the separated area and the rest of the upper-tier municipality to be eliminated in a specified manner over a specified period;

(d) the purposes for which the tax ratios for the separated area shall be used;

(e) apportioning or determining the method of apportioning the general upper-tier levy and any special upper-tier levy that will be raised in the separated area between the separated area and the rest of the upper-tier municipality;

(f) varying the manner in which any tax-related authority of the upper-tier municipality under this Act and subsection 2 (3.1) of the Assessment Act applies in the separated area.  2001, c. 25, s. 309 (3).

Retroactive

(4) A regulation under this section may be retroactive to a date not earlier than January 1 of the year in which the regulation was made.  2001, c. 25, s. 309 (4).

Delegation to lower-tiers

310 (1) An upper-tier municipality may, by by-law passed before the last day of February of a year, delegate to each of its lower-tier municipalities the authority to pass a by-law establishing the tax ratios for the year within the lower-tier municipality for both lower-tier and upper-tier purposes.  2001, c. 25, s. 310 (1); 2017, c. 10, Sched. 1, s. 40.

By-law must apportion upper-tier levies

(2) A by-law under subsection (1) must set out the portion of the general upper-tier levy and any special upper-tier levy that will be raised in each lower-tier municipality or a method by which the portion can be determined.  2001, c. 25, s. 310 (2).

Conflict

(2.1) In the event of a conflict between a by-law under subsection (1) and this Act, other than this section, the by-law prevails.  2009, c. 33, Sched. 21, s. 6 (17).

Lower-tiers must consent

(3) A by-law under subsection (1) establishing tax ratios for a year is not in force unless, before the last day of February of the year, every lower-tier municipality that is part of the upper-tier municipality passes a resolution consenting to the by-law.  2001, c. 25, s. 310 (3); 2017, c. 10, Sched. 1, s. 40.

Notice of by-law

(3.1) An upper-tier municipality that passes a by-law for a year under subsection (1) shall give a copy of the by-law and a copy of the resolutions under subsection (3) consenting to the by-law to the Minister by March 15 of the year.  2009, c. 33, Sched. 21, s. 6 (18).

Designation by regulation

(4) A by-law under subsection (1) establishing tax ratios for a year does not come into force unless, as of April 1 of the year, a regulation is in force designating the upper-tier municipality for the purposes of this section.  2009, c. 33, Sched. 21, s. 6 (19).

Limitation on amendment, revocation

(5) A by-law under subsection (1) establishing tax ratios for a year may not be amended or repealed on or after the last day of February of the year.  2001, c. 25, s. 310 (5); 2017, c. 10, Sched. 1, s. 40.

Delegated authority is exclusive

(6) A lower-tier municipality that has been delegated authority to pass a by-law establishing the tax ratios for a year within the municipality has the exclusive authority to pass such a by-law for the year.  2001, c. 25, s. 310 (6).

When tax ratios must be established

(7) If a lower-tier municipality has been delegated the authority to pass a by-law establishing the tax ratios for a year, the lower-tier municipality shall pass a by-law to do so in the year.  2009, c. 33, Sched. 21, s. 6 (20).

Application

(8) Subsections 308 (8) to (10) and (19) to (22) apply with necessary modifications with respect to a by-law made under a delegation under subsection (1).  2001, c. 25, s. 310 (8).

Single set of tax ratios

(9) The tax ratios established by a municipality must be the same for both upper-tier and lower-tier purposes.  2001, c. 25, s. 310 (9).

Regulations

(10) The Minister may make regulations,

(a) designating an upper-tier municipality for the purposes of this section;

(b) prescribing conditions that must be satisfied before an upper-tier municipality may make a delegation under subsection (1);

(c) governing the requisitions or levies that may be made by an upper-tier municipality that has made a delegation under subsection (1) or that may be made by any other body;

(d) if, in the opinion of the Minister, it is necessary or desirable as a result of a delegation being made under subsection (1) or as a result of a delegation under subsection (1) not being made in the year following a year in which such a delegation was made,

(i) varying the application of this or any other Act,

(ii) prescribing provisions to operate in place of any part of this or any other Act,

(iii) prescribing provisions to operate in addition to this or any other Act.  2001, c. 25, s. 310 (10).

Extension of time

(11) The Minister of Finance may make regulations extending the time limit in subsections (1), (3), (4) and (5) and the regulations may be made even if the time limit has expired.  2001, c. 25, s. 310 (11); 2009, c. 33, Sched. 21, s. 6 (21).

Retroactive

(12) A regulation under this section may be retroactive to a date not earlier than January 1 of the year in which the regulation is made.  2001, c. 25, s. 310 (12).

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

2009, c. 33, Sched. 21, s. 6 (17-21) - 25/01/2010

2017, c. 10, Sched. 1, s. 40 - 30/05/2017

Upper-tier levies

Definitions

311 (1) In this section,

“commercial classes” has the meaning given to that expression by subsection 308 (1); (“catégories commerciales”)

“general upper-tier levy” means the amount the upper-tier municipality decided to raise in its budget for the year under section 289 on all rateable property in the upper-tier municipality; (“impôt général de palier supérieur”)

“industrial classes” has the meaning given to that expression by subsection 308 (1); (“catégories industrielles”)

“optional property class” has the meaning given to that expression by subsection 308 (1); (“catégorie de biens facultative”)

“special upper-tier levy” means, where an upper-tier municipality is authorized under a provision of any Act, other than this section, or under a regulation under section 326 or any other Act, to raise an amount for any purpose on less than all the rateable property in the upper-tier municipality, the amount the upper-tier municipality decided to raise in its budget for the year under section 289 for that purpose on less than all the rateable property. (“impôt extraordinaire de palier supérieur”)  2001, c. 25, s. 311 (1); 2002, c. 17, Sched. A, s. 49 (1).

General rating by-law

(2) For purposes of raising the general upper-tier levy, an upper-tier municipality, in each year, shall pass a by-law directing each lower-tier municipality to levy a separate tax rate, as specified in the by-law, on the assessment in each property class in the lower-tier municipality rateable for upper-tier purposes.  2001, c. 25, s. 311 (2); 2009, c. 33, Sched. 21, s. 6 (22).

Assessment for general upper-tier levy purposes

(3) For the purposes of subsection (2), the assessment in each property class includes any adjustments made under section 32, 33, 34, 39.1 or 40 of the Assessment Act to the assessments on the assessment roll as returned for the taxation year if the adjustments are made on the tax roll before the by-law mentioned in subsection (2) is passed for the taxation year.  2001, c. 25, s. 311 (3).

Special levies

(4) For purposes of raising a special upper-tier levy, an upper-tier municipality shall, in each year, pass a by-law directing each applicable lower-tier municipality to levy a separate tax rate, as specified in the by-law, on all or part of the assessment, as specified in the by-law, in each property class in the lower-tier municipality rateable for upper-tier purposes.  2001, c. 25, s. 311 (4); 2009, c. 33, Sched. 21, s. 6 (23).

Assessment for special upper-tier levy purposes

(5) For the purposes of subsection (4), the assessment in each property class includes any adjustments made under section 32, 33, 34, 39.1 or 40 of the Assessment Act to the assessments on the assessment roll as returned for the taxation year if the adjustments are made on the tax roll before the by-law mentioned in subsection (4) is passed for the taxation year.  2001, c. 25, s. 311 (5).

Restrictions on rates

(6) The tax rates that an upper-tier municipality shall direct to be levied in an upper-tier rating by-law are subject to the following restrictions:

1. The rates must be set so that, when they are levied on the applicable assessment rateable for upper-tier purposes, an amount equal to the general upper-tier levy or special upper-tier levy, as the case may be, is raised.

2. The rates on the different classes of property must be in the same proportion to each other as the tax ratios established under section 308 for the property classes are to each other.

3. The rate for each class of property must be the same for each lower-tier municipality.  2001, c. 25, s. 311 (6).

Exception, tax increases

(7) Despite subsection (6), if the tax ratio or average tax ratio for the property class for a taxation year is above the tax ratio for the property class, as prescribed under clause (9) (a), tax rates to be levied on property in the property class shall be determined in the manner provided under clause (9) (b).  2001, c. 25, s. 311 (7).

Average tax ratio

(8) For the purpose of subsection (7), the average tax ratio shall be equal to the average transition ratio for the municipality determined under subsection 308 (11) for the commercial classes or for the industrial classes.  2001, c. 25, s. 311 (8).

Exception

(8.1) Despite subsection (8), if a municipality opts to have an optional property class apply within a taxation year, the municipality may establish an average tax ratio for the commercial classes or for the industrial classes for that year, whichever includes the optional property class, using the assessment as determined under subsection (3), and the average tax ratio must not exceed the tax ratio prescribed under clause (9) (a).  2002, c. 17, Sched. A, s. 49 (2).

Regulations

(9) The Minister of Finance may make regulations,

(a) prescribing a tax ratio for a property class for the purpose of subsection (7), including a single tax ratio for the commercial classes or industrial classes;

(b) providing the manner in which the tax rates on property in a property class are to be determined under subsection (7);

(c) providing for the determination of changes in taxes for municipal purposes for a property class.  2001, c. 25, s. 311 (9).

Rates adopted

(10) In each year, each lower-tier municipality shall levy, in accordance with the upper-tier rating by-law passed for that year, the tax rates specified in the by-law.  2001, c. 25, s. 311 (10).

Estimate of amount to be raised

(11) An upper-tier rating by-law shall estimate the amount to be raised in a lower-tier municipality as a result of a levy being made in that municipality in accordance with the by-law.  2001, c. 25, s. 311 (11).

Instalments, other than counties

(12) An upper-tier rating by-law passed by the council of an upper-tier municipality, other than a county, may require specified portions of the estimate to be paid to the treasurer of the upper-tier municipality on or before specified dates.  2001, c. 25, s. 311 (12).

Instalments, counties

(13) In each year, a lower-tier municipality in a county shall pay amounts to the upper-tier municipality in the following instalments:

1. 25 per cent of the amount required to be raised by the lower-tier municipality for upper-tier purposes in the previous year, on or before March 31.

2. 50 per cent of the amount required to be raised by the lower-tier municipality for upper-tier purposes in the current year, less the amount of the instalment paid under paragraph 1, on or before June 30.

3. 25 per cent of such current amount, on or before September 30.

4. The balance of the entitlement for the year, on or before December 15.  2001, c. 25, s. 311 (13).

Adjustment

(14) The instalment under paragraph 2 of subsection (13) shall be adjusted in accordance with the following:

1. The instalment shall be decreased by 50 per cent of the upper-tier’s share of the costs, for the prior year, of deferrals, cancellations or other relief under a by-law under section 319, 361, 362 or 364.

2. The instalment shall be increased by 50 per cent of the upper-tier’s share of any taxes, deferred under a by-law under subsection 319 (1), that were due in the prior year.  2001, c. 25, s. 311 (14).

Variation by agreement

(15) Despite subsection (13), a county may, by agreement with a majority of its lower-tier municipalities representing at least two-thirds of the total weighted assessment of all its lower-tier municipalities, provide by by-law for any number of instalments and their due dates other than those provided in subsection (13) and those alternative instalments and due dates shall be applicable to all its lower-tier municipalities.  2001, c. 25, s. 311 (15).

Definition

(16) For the purposes of subsection (15),

“weighted assessment” means the assessment for a property multiplied by the tax ratio, established under section 308, for the property class the property is in.  2001, c. 25, s. 311 (16).

Interest on advance payments

(17) The upper-tier municipality may pay interest at a rate to be determined by the council of the upper-tier municipality on any payment, or portion of such a payment, made in advance by a lower-tier municipality.  2001, c. 25, s. 311 (17).

Payment

(18) The amount levied by a lower-tier municipality pursuant to an upper-tier rating by-law shall be deemed to be taxes and is a debt of the lower-tier municipality to the upper-tier municipality and the treasurer of the lower-tier municipality shall pay the amount owing by the lower-tier municipality to the treasurer of the upper-tier municipality on or before the dates and in the portions as determined in accordance with  subsections (12) to (15).  2001, c. 25, s. 311 (18).

Default

(19) If a lower-tier municipality fails to make any payment, or portion of it, in accordance with subsections (12) to (15), the lower-tier municipality shall pay to the upper-tier municipality interest on the amount in default at the rate of 15 per cent per year, or such lower rate as the upper-tier municipality may by by-law determine, from the date payment is due until it is made.  2001, c. 25, s. 311 (19).

Amount payable, adjustments if estimate incorrect

(20) If the amount levied by a lower-tier municipality pursuant to an upper-tier rating by-law is different from the amount estimated in the by-law, the lower-tier municipality is required to pay only the amount levied and the appropriate adjustments shall be made in respect of any amounts already paid.  2001, c. 25, s. 311 (20).

(21) Repealed:  2009, c. 33, Sched. 21, s. 6 (24).

Regulations, funding of rebates

(22) The Minister of Finance may make regulations allowing, subject to conditions prescribed in the regulations, the tax rate for a property class to be greater than would be allowed under paragraph 2 of subsection (6) for the purpose of allowing additional taxes to be levied on property in the property class to fund rebates under section 361 on the following property:

1. Property in the property class.

2. If the property class is one of the commercial classes within the meaning of subsection 308 (1), property in those classes.

3. If the property class is one of the industrial classes within the meaning of subsection 308 (1), property in those classes.  2001, c. 25, s. 311 (22).

Funding of rebates, commercial

(23) The tax rates for the commercial classes, within the meaning of subsection 308 (1), shall be set as allowed under the regulations under subsection (22) so that the tax rates are higher than would be allowed under paragraph 2 of subsection (6) to the extent necessary to raise additional taxes to fund the upper-tier municipality’s share of the cost of rebates under section 361 on property in the commercial classes.  2001, c. 25, s. 311 (23).

Funding of rebates, industrial

(24) The tax rates for the industrial classes, within the meaning of subsection 308 (1), shall be set as allowed under the regulations under subsection (22) so that the tax rates are higher than would be allowed under paragraph 2 of subsection (6) to the extent necessary to raise additional taxes to fund the upper-tier municipality’s share of the cost of rebates under section 361 on property in the industrial classes.  2001, c. 25, s. 311 (24).

Special reductions

(25) An upper-tier municipality may, with the written approval of the Minister of Finance, set a tax rate for a property class that is lower than would otherwise be allowed under this section.  2001, c. 25, s. 311 (25).

Regulations

(26) The Minister may make regulations varying the application of subsections (13) and (14).  2001, c. 25, s. 311 (26).

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

2002, c. 17, Sched. A, s. 49 (1, 2) - 01/01/2003

2009, c. 33, Sched. 21, s. 6 (22-24) - 25/01/2010

Local municipality levies

Definitions

312 (1) In this section,

“commercial classes” has the meaning given to that expression by subsection 308 (1); (“catégories commerciales”)

“general local municipality levy” means the amount the local municipality decided to raise in its budget for the year under section 290 on all rateable property in the local municipality; (“impôt général local”)

“industrial classes” has the meaning given to that expression by subsection 308 (1); (“catégories industrielles”)

“optional property class” has the meaning given to that expression by subsection 308 (1); (“catégorie de biens facultative”)

“special local municipality levy” means, where a local municipality is authorized under a provision of any Act, other than this section, or under a regulation under section 326 or any other Act to raise an amount for any purpose on less than all the rateable property in the local municipality, the amount the local municipality decided to raise in its budget for the year under section 290 for that purpose on less than all the rateable property. (“impôt extraordinaire local”)  2001, c. 25, s. 312 (1); 2002, c. 17, Sched. A, s. 50 (1).

General local municipality levies

(2) For purposes of raising the general local municipality levy, a local municipality shall, each year, pass a by-law levying a separate tax rate, as specified in the by-law, on the assessment in each property class in the local municipality rateable for local municipality purposes.  2001, c. 25, s. 312 (2).

Assessment for general local municipality levy purposes

(3) For the purposes of subsection (2), the assessment in each property class includes any adjustments made under section 32, 33, 34, 39.1 or 40 of the Assessment Act to the assessments on the assessment roll as returned for the taxation year if the adjustments are made on the tax roll before,

(a) the by-law mentioned in subsection (2) is passed for the taxation year, if the local municipality is a single-tier municipality; or

(b) the by-law mentioned in subsection 311 (2) is passed for the taxation year, if the local municipality is a lower-tier municipality.  2001, c. 25, s. 312 (3).

Later date

(3.1) Despite subsection (3), an upper-tier municipality may, by agreement with a majority of its lower-tier municipalities representing at least two-thirds of the total weighted assessment of all its lower-tier municipalities, provide by by-law for a later date than that provided in clause (3) (b) and that later date shall be applicable to all its lower-tier municipalities.  2002, c. 17, Sched. A, s. 50 (2).

Definition

(3.2) In subsection (3.1),

“weighted assessment” means the assessment for a property multiplied by the tax ratio established under section 308 for the property class the property is in.  2002, c. 17, Sched. A, s. 50 (2).

Limitation

(3.3) An agreement under subsection (3.1) for a taxation year shall not be entered into after the day the by-law mentioned in subsection 311 (2) is passed for the taxation year.  2002, c. 17, Sched. A, s. 50 (2).

Special local municipality levies

(4) For purposes of raising a special local municipality levy, a local municipality shall, each year, pass a by-law levying a separate tax rate, as specified in the by-law, on all or part of the assessment, as specified in the by-law, in each property class in the local municipality rateable for local municipality purposes.  2001, c. 25, s. 312 (4).

Assessment for special local municipality levy purposes

(5) For the purposes of subsection (4), the assessment in each property class includes any adjustments made under section 32, 33, 34, 39.1 or 40 of the Assessment Act to the assessments on the assessment roll as returned for the taxation year if the adjustments are made on the tax roll before,

(a) the by-law mentioned in subsection (4) is passed for the taxation year; or

(b) the by-law mentioned in subsection 311 (4) is passed for the taxation year, if the local municipality is a lower-tier municipality.  2001, c. 25, s. 312 (5).

Restrictions on rates

(6) The tax rates to be levied under subsection (2) or (4) are subject to the following restrictions:

1. The rates must be set so that, when they are levied on the applicable assessment rateable for local municipality purposes, an amount equal to the general local municipality levy or special local municipality levy, as the case may be, is raised.

2. The rates on the different classes of property must be in the same proportion to each other as the tax ratios established under section 308 for the property classes are to each other.  2001, c. 25, s. 312 (6).

Exception, tax increases

(7) Despite subsection (6), if the tax ratio or average tax ratio for the property class for the 2001 taxation year or a subsequent taxation year is above the tax ratio for the property class as prescribed under clause (9) (a), tax rates to be levied on property in the property class shall be determined in the manner provided under clause (9) (b).  2001, c. 25, s. 312 (7).

Average tax ratio

(8) For the purpose of subsection (7), the average tax ratio shall be equal to the average transition ratio for the municipality determined under subsection 308 (11) for the commercial classes or for the industrial classes.  2001, c. 25, s. 312 (8).

Exception

(8.1) Despite subsection (8), if a municipality opts to have an optional property class apply within a taxation year, the municipality may establish an average tax ratio for the commercial classes or for the industrial classes for that year, whichever includes the optional property class, using the assessment as determined under subsection (3), and the average tax ratio must not exceed the tax ratio prescribed under clause (9) (a).  2002, c. 17, Sched. A, s. 50 (2).

Regulations

(9) The Minister of Finance may make regulations,

(a) prescribing a tax ratio for a property class for the purpose of subsection (7), including a single tax ratio for the commercial classes or industrial classes;

(b) providing the manner in which the tax rates on property in a property class are to be determined under subsection (7);

(c) providing for the determination of changes in taxes for municipal purposes for a property class.  2001, c. 25, s. 312 (9).

Regulations, funding of rebates

(10) The Minister of Finance may make regulations allowing, subject to conditions prescribed in the regulations, the tax rate for a property class to be greater than would be allowed under paragraph 2 of subsection (6) for the purpose of allowing additional taxes to be levied on property in the property class to fund rebates under section 361 on the following property:

1. Property in the property class.

2. If the property class is one of the commercial classes within the meaning of subsection 308 (1), property in those classes.

3. If the property class is one of the industrial classes within the meaning of subsection 308 (1), property in those classes.  2001, c. 25, s. 312 (10).

Funding of rebates, commercial

(11) The tax rates for the commercial classes, within the meaning of subsection 308 (1), shall be set as allowed under the regulations under subsection (10) so that the tax rates are higher than would be allowed under paragraph 2 of subsection (6) to the extent necessary to raise additional taxes to fund the local municipality’s share of the cost of rebates under section 361 on property in the commercial classes.  2001, c. 25, s. 312 (11).

Funding of rebates, industrial

(12) The tax rates for the industrial classes, within the meaning of subsection 308 (1), shall be set as allowed under the regulations under subsection (10) so that the tax rates are higher than would be allowed under paragraph 2 of subsection (6) to the extent necessary to raise additional taxes to fund the local municipality’s share of the cost of rebates under section 361 on property in the industrial classes.  2001, c. 25, s. 312 (12).

Special reductions

(13) A local municipality may, with the written approval of the Minister of Finance, set a tax rate for a property class that is lower than would otherwise be allowed under this section.  2001, c. 25, s. 312 (13).

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

2002, c. 17, Sched. A, s. 50 (1, 2) - 01/01/2003

Prescribed subclass tax reductions

313 (1) The tax rates that would otherwise be levied for municipal purposes for the subclasses prescribed under subsection 8 (1) of the Assessment Act shall be reduced in accordance with the following rules:

1. The tax rates that would otherwise be levied for municipal purposes for the subclasses prescribed under paragraph 1 of subsection 8 (1) of the Assessment Act shall be reduced by the percentages prescribed by, or determined in accordance with, the regulations.

2. The tax rates that would otherwise be levied for municipal purposes for the subclasses prescribed under subparagraph 2 i of subsection 8 (1) of the Assessment Act shall be reduced by 30 per cent or such other percentage prescribed by, or determined in accordance with, the regulations.

3. The tax rates that would otherwise be levied for municipal purposes for the subclasses prescribed under subparagraph 2 ii of subsection 8 (1) of the Assessment Act shall be reduced by 35 per cent or such other percentage prescribed by, or determined in accordance with, the regulations.

4. The tax rates that would otherwise be levied for municipal purposes for the subclasses prescribed under subparagraph 3 i of subsection 8 (1) of the Assessment Act shall be reduced by 30 per cent or such other percentage prescribed by, or determined in accordance with, the regulations.

5. The tax rates that would otherwise be levied for municipal purposes for the subclasses prescribed under subparagraph 3 ii of subsection 8 (1) of the Assessment Act shall be reduced by 35 per cent or such other percentage prescribed by, or determined in accordance with, the regulations.  2001, c. 25, s. 313 (1); 2016, c. 5, Sched. 16, s. 1 (1); 2017, c. 8, Sched. 19, s. 3 (1, 2).

Municipal option

(1.1) Despite subsection (1), a municipality, other than a lower-tier municipality, may pass a by-law providing for the application of a single percentage that is not less than 30 per cent and not more than 35 per cent instead of the percentages described in paragraphs 2, 3, 4 and 5 of subsection (1). 2016, c. 37, Sched. 15, s. 4.

Same

(1.2) Despite subsection (1), a municipality, other than a lower-tier municipality, may pass a by-law providing for the application of a percentage within a range prescribed by, or determined in accordance with, the regulations instead of the percentage described in paragraph 1, 2, 3, 4 or 5 of subsection (1), as the case may be. 2017, c. 8, Sched. 19, s. 3 (3).

Same

(1.2.1) If the Minister of Finance prescribes a range or a manner of determining a range of percentages with respect to a subclass described in paragraph 1 of subsection (1), but does not prescribe a percentage or manner of determining a percentage for the subclass for the purposes of paragraph 1 of subsection (1), and a municipality does not pass a by-law described in subsection (1.2) with respect to the subclass, the tax rate that would otherwise be levied for municipal purposes for the subclass shall be reduced by the highest percentage in the range prescribed by, or determined in accordance with, the regulation. 2017, c. 8, Sched. 19, s. 3 (3).

Same

(1.3) Despite subsection (1), a municipality, other than a lower-tier municipality, may, if authorized by the regulations, pass a by-law providing that a tax rate reduction in paragraph 1, 2, 3, 4 or 5 of subsection (1) does not apply. 2016, c. 37, Sched. 15, s. 4; 2017, c. 8, Sched. 19, s. 3 (4).

Regulations

(2) The Minister of Finance may make regulations,

(a) prescribing percentages or the manner of determining percentages for the purposes of subsection (1);

(b) prescribing ranges of percentages or the manner of determining ranges of percentages for the purposes of subsection (1.2);

(c) authorizing a municipality to pass a by-law referred to in subsection (1.3);

(d) imposing conditions on the ability of a municipality to pass a by-law referred to in this section. 2016, c. 37, Sched. 15, s. 4; 2017, c. 8, Sched. 19, s. 3 (5).

(3) Repealed: 2017, c. 8, Sched. 19, s. 3 (6).

(4) Repealed: 2016, c. 5, Sched. 16, s. 1 (4).

Overlap with graduated tax rates

(5) The Minister of Finance may make regulations governing the application of this section and section 314 and regulations or by-laws made under those sections in situations in which both of those sections, or the regulations or by-laws made under them, apply.  2001, c. 25, s. 313 (5).

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

2016, c. 5, Sched. 16, s. 1 (1-4) - 19/04/2016; 2016, c. 37, Sched. 15, s. 4 - 08/12/2016

2017, c. 8, Sched. 19, s. 3 (1-6) - 17/05/2017

Further prescribed subclass tax reductions

313.1 (1) Subject to subsection (2), the tax rate that would be levied for municipal purposes for a subclass prescribed under subsection 8 (1.1) of the Assessment Act because of the class to which the subclass belongs shall be reduced by either,

(a) the percentage prescribed by, or determined in accordance with, the regulations; or

(b) if the regulations prescribe a range of percentages, and a municipality, other than a lower-tier municipality, passes a by-law providing for the application in the municipality of a percentage within the range, the percentage set out in the by-law. 2017, c. 8, Sched. 19, s. 4.

Same

(2) A municipality, other than a lower-tier municipality may, if authorized by the regulations, pass a by-law providing that subsection (1) does not apply to a specified tax rate for a subclass. 2017, c. 8, Sched. 19, s. 4.

Regulations

(3) The Minister of Finance may make regulations,

(a) prescribing percentages, ranges of percentages or the manner of determining percentages or ranges for the purposes of subsection (1); and

(b) authorizing a municipality to pass a by-law referred to in subsection (2). 2017, c. 8, Sched. 19, s. 4.

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

2017, c. 8, Sched. 19, s. 4 - 17/05/2017

Graduated tax rates

314 (1) A municipality other than a lower-tier municipality may, by by-law passed in the year to which it relates,

(a) establish two or three bands of assessment of property for the purposes of facilitating graduated tax rates for any one or more of the classes prescribed under clause (5) (0.a) or included in the commercial classes or the industrial classes; and

(b) set the ratios that the tax rates for each band must bear to each other.  2001, c. 25, s. 314 (1); 2004, c. 31, Sched. 26, s. 1 (1); 2009, c. 33, Sched. 21, s. 6 (25); 2016, c. 37, Sched. 15, s. 5 (1).

(2) Repealed:  2004, c. 31, Sched. 26, s. 1 (2).

Restrictions on bands

(3) The bands for each property class are subject to the following:

1. The lowest band must be the portion of the assessment of a property that is less than or equal to an amount set out in the by-law.

2. The highest band must be the portion of the assessment of a property that is greater than an amount set out in the by-law.

3. If there is a third band it must cover the portion of the assessment between the lowest and highest bands.

4. The bands must be established so that they cover all of the assessment of a property and do not overlap.

5. The bands must be the same for all properties in the property class.  2001, c. 25, s. 314 (3).

Setting of rates for bands

(4) Instead of setting a single tax rate under section 311 or 312 for a property class for which bands are established, a municipality shall set a separate tax rate for each band in accordance with the ratios set under clause (1) (b).  2001, c. 25, s. 314 (4).

Regulations

(5) The Minister of Finance may make regulations,

(0.a) prescribing classes of real property for the purposes of clause (1) (a), other than the residential property class, the multi-residential property class, the farm property class, the pipe line property class or the managed forests property class;

(a) governing the ratios set under clause (1) (b);

(b) governing the setting of tax rates in accordance with the ratios set under clause (1) (b);

(c) varying the application of subsection (6) with respect to a unit or proposed unit within the meaning of the Condominium Act, 1998.  2001, c. 25, s. 314 (5); 2016, c. 37, Sched. 15, s. 5 (2).

Determination of taxes

(6) The taxes for municipal purposes on a property shall be determined by applying the tax rate for each band to the portion of the assessment of the property within that band.  2001, c. 25, s. 314 (6).

(7) Repealed:  2009, c. 33, Sched. 21, s. 6 (26).

Definitions

(8) In this section,

“commercial classes” has the meaning given to that expression by subsection 308 (1); (“catégories commerciales”)

“industrial classes” has the meaning given to that expression by subsection 308 (1). (“catégories industrielles”)  2004, c. 31, Sched. 26, s. 1 (3).

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

2004, c. 31, Sched. 26, s. 1 (1-3) - 16/12/2004

2009, c. 33, Sched. 21, s. 6 (25, 26) - 25/01/2010

2016, c. 37, Sched. 15, s. 5 (1, 2) - 08/12/2016

Taxation of certain railway, power utility lands

315 (1) Every local municipality shall impose taxes, in accordance with the regulations, on the following land:

1. The roadway or right-of-way of a railway company, other than the structures, substructures and superstructures, rails, ties, poles and other property on the roadway or right-of-way, not including land leased by the railway company to another person for rent or other valuable consideration.

2. Land owned by a power utility prescribed by the Minister of Finance, other than a public utility defined in subsection 27 (1) of the Assessment Act, and used as a transmission or distribution corridor, not including land leased by the power utility to another person for rent or other valuable consideration.  2001, c. 25, s. 315 (1).

Distribution of the tax

(2) Part of the taxes imposed by a local municipality on land described in subsection (1) shall be distributed to the upper-tier municipality, if any.  2001, c. 25, s. 315 (2).

Amount of share

(3) The upper-tier municipality’s share of tax under this section shall be determined in accordance with the following:

where,

“Total commercial tax” means the total tax levied on land in the commercial property class and other property classes prescribed for the purposes of this definition, for upper-tier and lower-tier purposes, in the local municipality;

“Upper-tier commercial tax” means that portion of the Total commercial tax levied in the local municipality for upper-tier purposes.

2001, c. 25, s. 315 (3); 2004, c. 31, Sched. 26, s. 2 (1).

Regulations

(4) The Minister of Finance may make regulations,

(a) prescribing, for each geographic area described in subsection (6), the rate of tax to be imposed by a local municipality on the land described in subsection (1);

(a.1) prescribing the rate of tax to be imposed for 2005 or a subsequent year by a local municipality on certain land described in subsection (1) instead of the rate of tax prescribed under clause (a) for that year for the geographic area in which the land is located;

(b) prescribing power utilities for the purposes of paragraph 2 of subsection (1);

(c) governing when the distribution under subsection (2) shall be made;

(d) prescribing property classes for the purposes of the definition of “Total commercial tax” in subsection (3).  2001, c. 25, s. 315 (4); 2004, c. 31, Sched. 26, s. 2 (2).

Scope

(5) A regulation under subsection (4) may provide for land described in paragraph 1 of subsection (1) to be taxed differently from land described in paragraph 2 of subsection (1).  2001, c. 25, s. 315 (5).

Geographic areas

(6) For the purposes of this section, the following geographic areas are established:

1. The upper-tier municipalities of Durham, Halton, Peel and York.

2. The City of Ottawa and the upper-tier municipalities of Lanark, Leeds and Grenville, Prescott and Russell, Renfrew and Stormont, Dundas and Glengarry, including the municipalities separated from the upper-tier municipalities for municipal purposes.

3. The City of Kawartha Lakes and the County of Prince Edward and the upper-tier municipalities of Frontenac, Haliburton, Hastings, Lennox and Addington, Northumberland and Peterborough, including the municipalities separated from the upper-tier municipalities for municipal purposes.

4. The upper-tier municipalities of Niagara and Waterloo and the City of Hamilton.

5. Haldimand County, Norfolk County, the City of Brantford, the County of Brant, the Municipality of Chatham-Kent and the upper-tier municipalities of Elgin, Essex, Lambton, Middlesex and Oxford, including the municipalities separated from the upper-tier municipalities for municipal purposes.

6. The upper-tier municipalities of Bruce, Dufferin, Grey, Huron, Perth, Simcoe and Wellington, including the municipalities separated from the upper-tier municipalities for municipal purposes.

7. The City of Greater Sudbury and the districts of Algoma, Manitoulin and Sudbury.

8. The District Municipality of Muskoka and the districts of Cochrane, Nipissing, Parry Sound and Temiskaming.

9. The districts of Kenora, Rainy River and Thunder Bay.  2001, c. 25, s. 315 (6); 2006, c. 11, Sched. B, s. 9 (5, 6); 2006, c. 32, Sched. A, s. 131.

References to municipalities and districts

(7) In the description of a geographic area in subsection (6), a reference to a municipality or district is a reference to the municipality or district as it was on December 31, 2001.  2001, c. 25, s. 315 (7).

Tax roll

(8) The treasurer of a municipality shall, for land described in subsection (1), enter on the tax roll the number of acres or other measure showing the extent of the land and the amounts of the taxes under this section.  2001, c. 25, s. 315 (8).

Amount to be distributed is a debt

(9) An amount that a local municipality is required to distribute to an upper-tier municipality is a debt of the local municipality to the upper-tier municipality.  2001, c. 25, s. 315 (9).

Default

(10) If a lower-tier municipality fails to make any payment, or portion of it, to an upper-tier municipality as required under this section, the lower-tier municipality shall pay to the upper-tier municipality interest on the amount in default at the rate of 15 per cent per year, or such lower rate as the upper-tier municipality may by by-law determine, from the date payment is due until it is made.  2001, c. 25, s. 315 (10).

Interest on advance payments

(11) An upper-tier municipality may, by by-law, provide that the upper-tier municipality shall pay interest at a rate to be determined by the council of the upper-tier municipality on any payment under this section, or portion of such a payment, made in advance by a local municipality.  2001, c. 25, s. 315 (11).

Transitional taxation

(12) The Minister of Finance may make regulations providing for the taxation under this section for the taxation years 1998 to 2005, both inclusive, of land that the owner owned on December 31, 1997, for the purposes of providing for the transition from the taxation of such land as it was taxed in 1997 and the regulations may provide,

(a) for land described in paragraph 1 of subsection (1) to be taxed differently from land described in paragraph 2 of subsection (1); and

(b) for different taxation of particular parcels of land or of parcels of land owned by particular owners.  2001, c. 25, s. 315 (12).

Retroactive

(13) Regulations under subsection (12) are, if they so provide, effective with reference to periods before they are filed.  2002, c. 17, Sched. A, s. 51.

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

2002, c. 17, Sched. A, s. 51 - 01/01/2003

2004, c. 31, Sched. 26, s. 2 (1, 2) - 16/12/2004

2006, c. 11, Sched. B, s. 9 (5, 6) - 01/01/2007; 2006, c. 32, Sched. A, s. 131 - 01/01/2007

Interim financing, upper-tier

316 (1) The council of an upper-tier municipality, other than a county, before the adoption of the estimates for a year under section 289, may by by-law requisition a sum from each lower-tier municipality not exceeding an amount determined by,

(a) adding the prescribed percentage, or 50 per cent if no percentage is prescribed, of the amount that, in the upper-tier rating by-law for the previous year, was estimated to be raised in the particular lower-tier municipality;

(b) subtracting the prescribed percentage, or 50 per cent if no percentage is prescribed, of the upper-tier municipality’s share of the costs, for the previous year, of deferrals, cancellations or other relief under a by-law under section 319, 361, 362 or 364; and

(c) adding the prescribed percentage, or 50 per cent if no percentage is prescribed, of the upper-tier municipality’s share of any taxes deferred under a by-law under subsection 319 (1) that were due in the previous year.  2001, c. 25, s. 316 (1).

Instalments

(2) A by-law passed under subsection (1) may require specified portions of the sum to be paid to the treasurer of the upper-tier municipality on or before specified dates.  2001, c. 25, s. 316 (2).

Interest on advance payments

(3) A by-law passed under subsection (1) may provide that the upper-tier municipality shall pay interest at a rate to be determined by the council of the upper-tier municipality on any payment, or portion of such a payment, made in advance by a lower-tier municipality.  2001, c. 25, s. 316 (3).

Amount to be paid is a debt

(4) An amount that a lower-tier municipality is required to pay under a by-law passed under subsection (1) is a debt of the lower-tier municipality to the upper-tier municipality.  2001, c. 25, s. 316 (4).

Default

(5) If a lower-tier municipality fails to make any payment, or portion of it, to an upper-tier municipality as required under a by-law passed under subsection (1), the lower-tier municipality shall pay to the upper-tier municipality interest on the amount in default at the rate of 15 per cent per year, or such lower rate as the upper-tier municipality may by by-law determine, from the date payment is due until it is made.  2001, c. 25, s. 316 (5).

Yearly amount reduced

(6) The amount of any requisition made under subsection (1) in a year upon a lower-tier municipality shall be deducted from the amounts to be paid by the lower-tier municipality to the upper-tier municipality under the upper-tier rating by-law for the year.  2001, c. 25, s. 316 (6).

Regulations

(7) The Minister may make regulations with respect to a taxation year for which there is a general reassessment prescribing a percentage for the purpose of subsection (1).  2001, c. 25, s. 316 (7).

Interim levy, local municipality

317 (1) A local municipality, before the adoption of the estimates for the year under section 290, may pass a by-law levying amounts on the assessment of property in the local municipality rateable for local municipality purposes.  2001, c. 25, s. 317 (1).

By-law

(2) A by-law under subsection (1) shall be passed in the year that the amounts are to be levied or may be passed in November or December of the previous year if it provides that it does not come into force until a specified day in the following year.  2001, c. 25, s. 317 (2); 2006, c. 32, Sched. A, s. 132.

Rules

(3) The amounts to be levied are subject to the following rules:

1. The amount levied on a property shall not exceed the prescribed percentage, or 50 per cent if no percentage is prescribed, of the total amount of taxes for municipal and school purposes levied on the property for the previous year.

2. The percentage under paragraph 1 may be different for different property classes but shall be the same for all properties in a property class.

3. For the purposes of calculating the total amount of taxes for the previous year under paragraph 1, if any taxes for municipal and school purposes were levied on a property for only part of the previous year because assessment was added to the tax roll during the year, an amount shall be added equal to the additional taxes that would have been levied on the property if the taxes for municipal and school purposes had been levied for the entire year.  2001, c. 25, s. 317 (3).

By-law passed before assessment roll returned

(4) If a by-law is passed under subsection (1) before the assessment roll for taxation in the current year is returned, the amounts under subsection (1) shall be levied on the assessment according to,

(a) the tax roll for taxation in the previous year as most recently revised before the by-law is passed; or

(b) a preliminary assessment roll provided by the assessment corporation for that purpose.  2001, c. 25, s. 317 (4).

Added assessment

(5) A by-law under subsection (1) may provide for the levying of amounts on assessment added, after the by-law is passed, to the tax roll for the current year that was not on the assessment roll upon which the amounts are levied.  2001, c. 25, s. 317 (5).

Deduction

(6) An amount levied under subsection (1) on a property in a year shall be deducted from other amounts levied on the property for the year that are payable to the local municipality.  2001, c. 25, s. 317 (6).

Refund

(7) If the amount levied under subsection (1) on a property exceeds the other amounts levied on the property that are payable to the local municipality, the treasurer of the local municipality shall refund that excess amount not later than 21 days after giving a notice of demand of taxes payable for the year.  2001, c. 25, s. 317 (7).

Application after municipal restructuring

(8) If, as a result of a municipal restructuring, parts of a local municipality as it exists on January 1 of a year were, at any time in the preceding year, in different local municipalities or were, at any time in the preceding year, territory without municipal organization, this section applies for the purposes of the current year with respect to each such area as though it were a separate municipality.  2001, c. 25, s. 317 (8).

Adjustments to interim levy

(9) If the council of a municipality is of the opinion that the taxes levied under subsection (1) on a property are too high or too low in relation to its estimate of the total taxes that will be levied on the property, the council may adjust the taxes on the property under subsection (1) to the extent it considers appropriate.  2001, c. 25, s. 317 (9).

Regulations to vary interim powers

(10) The Minister may make regulations with respect to a taxation year for which there is a general reassessment prescribing a percentage for the purpose of paragraph 1 of subsection (3).  2001, c. 25, s. 317 (10).

Retroactive

(11) A regulation under this section may be retroactive to a date not earlier than December 1 of the year before the year in which the regulation is made.  2001, c. 25, s. 317 (11).

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

2006, c. 32, Sched. A, s. 132 - 01/01/2007

Phase-in of tax changes resulting from reassessments

318 (1) On or before December 31 of the taxation year, a municipality, other than a lower-tier municipality, may pass a by-law to phase in tax increases or decreases for eligible properties for a taxation year in respect of which there is a general reassessment.  2001, c. 25, s. 318 (1).

Definitions

(2) In this section,

“eligible property” means property classified in any property class prescribed under the Assessment Act; (“bien admissible”)

“first taxation year” means a taxation year in respect of which there is a general reassessment; (“première année d’imposition”)

“preceding year” means the taxation year immediately preceding the first taxation year. (“année précédente”)  2001, c. 25, s. 318 (2).

Tax increase to be phased in

(3) If the total taxes for municipal and school purposes for the first taxation year for an eligible property, but for the application of this section, exceed its total taxes for municipal and school purposes for the preceding year, the maximum amount of the tax increase to be phased in is the amount of the difference.  2001, c. 25, s. 318 (3).

Tax decrease to be phased in

(4) If the total taxes for municipal and school purposes for the preceding year for an eligible property exceed its total taxes for municipal and school purposes for the first taxation year, but for the application of this section, the maximum amount of the tax decrease to be phased in is the amount of the difference.  2001, c. 25, s. 318 (4).

Amounts to be phased in

(5) For properties subject to Part IX and for the purposes of subsections (3) and (4), the taxes for municipal and school purposes for that year shall be determined under subsection 329 (2).  2001, c. 25, s. 318 (5).

Same

(6) For properties that are not subject to Part IX and for the purposes of subsections (3) and (4), the taxes for municipal and school purposes for the preceding year shall be determined as follows:

1. Determine the taxes for municipal and school purposes that were levied on the property in the year.

2. If a supplementary assessment or change in classification was made under section 34 of the Assessment Act during that year or if an assessment or change in classification could have been made under section 34 of that Act and the appropriate change is made to the assessment roll for taxation in the first taxation year, recalculate the taxes determined under paragraph 1 as if the increase in the assessment or change in classification, as the case may be, had applied to the property for all of the year.

3. If the council of a municipality cancels, reduces or refunds taxes under section 357 for the year on an application under clause 357 (1) (a), (c), (d) or (f) or under section 358 for the year, recalculate the taxes determined under paragraph 1 as if the event that caused the cancellation, reduction or refund had occurred on January 1 of that year.  2001, c. 25, s. 318 (6).

Application to lower-tiers

(7) A by-law under subsection (1) of an upper-tier municipality also applies with respect to the taxes of its lower-tier municipalities.  2001, c. 25, s. 318 (7).

Copy

(8) An upper-tier municipality shall provide a copy of the by-law under subsection (1) to each lower-tier municipality as soon as is practicable.  2001, c. 25, s. 318 (8).

By-law requirements

(9) A by-law under subsection (1) is subject to the following:

1. The by-law may apply to the first taxation year and up to the next seven taxation years.

2. The by-law may replace a by-law made under section 372.2 of the old Act or this section so long as the first-mentioned by-law applies for at least the same number of years as remains outstanding under the by-law made under section 372.2 or this section.

3. The by-law may modify the phase-in on individual properties subject to a phase-in under a by-law made under section 372.2 of the old Act or this section in order to reflect tax increases or decreases determined under subsection (3) or (4).

4. The amount to be phased in in a year, other than in the first taxation year, must be the same or less than the amount phased in in the previous year.

5. The amount phased in in the last year in which a tax increase or decrease is phased in plus the total amounts phased in in the previous years must equal the tax increase or decrease for each property as determined under subsection (3) or (4).

6. The by-law may treat different property classes differently and it may provide for no phase-ins for some classes but, if the by-law applies to property in a property class, it must apply to all properties in the property class.

7. For the purposes of paragraph 6, the residential property class, the farm property class and the managed forests property class shall be treated as a single property class.

8. In the first taxation year, the amounts recovered from all properties in the property class whose tax decreases are being phased in shall not exceed the revenues foregone from all properties in the property class whose tax increases are being phased-in for the municipality referred to in subsection (1).

9. The by-law may provide for a threshold amount in each taxation year, determined in dollars or as a percentage.

10. For the purposes of paragraph 9, the threshold amount for eligible properties in a property class in the municipality to which subsection (3) applies may be different from the threshold amount for eligible properties in the property class in the municipality to which subsection (4) applies.

11. If an assessment is made for a property under subsection 32 (2) or 33 (1) of the Assessment Act in or after the first taxation year but the assessment applies to a year prior to the first taxation year,

i. the by-law made under subsection (1) shall apply to the property, and

ii. the taxes for municipal and school purposes on the property shall be recalculated for the first taxation year and for any subsequent taxation year that is subject to the by-law under subsection (1).  2001, c. 25, s. 318 (9); 2002, c. 22, s. 154.

If change in use, character, classification of property

(10) If there has been a change in the use or character of any eligible property or in its classification under the Assessment Act that, in the opinion of the council of the municipality, makes a phase-in or the continuation of a phase-in in respect of the property inappropriate, the council may, in the by-law under subsection (1) or in another by-law, exclude such property from the application of the phase-in.  2001, c. 25, s. 318 (10).

Improvements replaced after scheme begins

(11) If an improvement to an eligible property is substantially destroyed before a by-law under subsection (1) is passed and, before the end of the last year in which a tax increase or decrease is phased in, the improvement is replaced, the council of the municipality may amend the by-law under subsection (1) so that the by-law applies to the property as though the improvement had not been substantially destroyed.  2001, c. 25, s. 318 (11).

Exception

(12) Subsection (11) does not apply with respect to an improvement if the destruction of the improvement is by the owner, is permitted by the owner or is done by a person who had a right to destroy the improvement.  2001, c. 25, s. 318 (12).

No lower-tier surplus or shortfall

(13) The council of an upper-tier municipality shall, in a by-law under subsection (1), provide that adjustments shall be made between the upper-tier municipality and lower-tier municipalities so that no lower-tier municipality has a surplus or shortfall as a result of the phase-in of the tax increases or decreases.  2001, c. 25, s. 318 (13).

Upper-tier shortfall

(14) If the upper-tier municipality experiences a shortfall as a result of the application of subsection (13), the by-law made under subsection (1) shall provide that any shortfall shall be shared by the upper-tier municipality and lower-tier municipalities in the same proportion as those municipalities share in the taxes levied on the property class for municipal purposes.  2001, c. 25, s. 318 (14).

Information on notice of demand

(15) A notice of demand of taxes payable in respect of which there is a phase-in shall indicate the amount of taxes that would have been payable without the phase-in, the amount of taxes that are payable and the difference.  2001, c. 25, s. 318 (15).

List to be kept

(16) The treasurer of the local municipality shall maintain a list of the tax increases or decreases for each eligible property to which the by-law under subsection (1) applies.  2001, c. 25, s. 318 (16).

Application to payments in lieu of taxes

(17) This section applies to payments in lieu of taxes, other than an amount referred to in subparagraph 24 iii of subsection 3 (1) of the Assessment Act or an amount received under section 323 or subsection 324 (4) of this Act, as though they were taxes but a by-law under subsection (1) may provide that it does not apply to payments in lieu of taxes.  2001, c. 25, s. 318 (17); 2017, c. 10, Sched. 1, s. 41.

Taxes for school purposes

(18) No phase-in of a tax increase or decrease under this section shall affect the amount a local municipality is required to pay a school board.  2001, c. 25, s. 318 (18).

Certain changes in first taxation year assessments

(19) The following apply if the assessment of an eligible property for the first taxation year changes as a result of a request under section 39.1 of the Assessment Act, an appeal under section 40 of that Act or an application under section 46 of that Act:

1. The tax increase or decrease for the property shall be redetermined under subsection (3) or (4) using the new assessment for the property.

2. The taxes on the property shall be recalculated using the amount determined under paragraph 1 for each year in which there is a tax increase or decrease.

3. The tax roll shall be amended to reflect the recalculated taxes.  2001, c. 25, s. 318 (19); 2008, c. 7, Sched. O, s. 1.

Certain changes in assessment in preceding year

(20) The following apply if the assessment of an eligible property for the preceding year changes as a result of a request under section 39.1 of the Assessment Act, an appeal under section 40 of that Act or an application under section 46 of that Act:

1. The tax increase or decrease for the property shall be redetermined under subsection (3) or (4) using the new assessment for the property to determine the taxes for the preceding year.

2. The taxes on the property shall be recalculated using the amount determined under paragraph 1 for each year in which there is a tax increase or decrease.

3. The tax roll shall be amended to reflect the recalculated taxes.  2001, c. 25, s. 318 (20); 2008, c. 7, Sched. O, s. 1.

Mixed use

(21) If portions of an eligible property are classified in different property classes on the assessment roll for the first taxation year, each portion shall be deemed to be a separate property for the purposes of this section.  2001, c. 25, s. 318 (21).

Regulations

(22) The Minister of Finance may make regulations,

(a) prescribing a later deadline for the purposes of subsection (1), either before or after the deadline has passed;

(b) governing by-laws under this section and the calculation of tax increases and decreases to be phased in under such by-laws.  2001, c. 25, s. 318 (22).

Restructuring orders

(23) Despite section 151 of the City of Toronto Act, 2006 and section 186 of this Act, a by-law under this section may be made instead of any phase-in authority or requirement set out in an order under section 173 or 175 of this Act or section 149 of the City of Toronto Act, 2006, but the by-law under this section must apply for at least the same number of years as remains outstanding under the phase-in authority or requirement.  2006, c. 32, Sched. A, s. 133.

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

2002, c. 22, s. 154 - 01/01/2003

2006, c. 32, Sched. A, s. 133 - 01/01/2007

2008, c. 7, Sched. O, s. 1 - 14/05/2008

2017, c. 10, Sched. 1, s. 41 - 30/05/2017

Tax deferrals, relief of financial hardship

319 (1) For the purposes of relieving financial hardship, a municipality, other than a lower-tier municipality, may pass a by-law providing for deferrals or cancellation of, or other relief in respect of, all or part of a tax increase for 1998 and subsequent years on property in the residential property class for persons assessed as owners who are, or whose spouses are,

(a) low-income seniors as defined in the by-law; or

(b) low-income persons with disabilities as defined in the by-law.  2001, c. 25, s. 319 (1); 2002, c. 17, Sched. A, s. 52; 2002, c. 22, s. 155; 2005, c. 5, s. 44 (5).

Tax relief must be given

(2) A municipality, other than a lower-tier municipality, shall pass a by-law under subsection (1).  2001, c. 25, s. 319 (2).

(2.1) Repealed:  2003, c. 7, s. 14 (1).

(2.2) Repealed:  2003, c. 7, s. 14 (1).

Tax increases

(3) For a tax increase beginning in a taxation year in which a general reassessment occurs, the tax increase is the tax increase determined under subsection 318 (3) reduced, if the tax increase is being phased in under a by-law made under subsection 318 (1), by the amount not yet phased in.  2001, c. 25, s. 319 (3).

(3.1) Repealed:  2003, c. 7, s. 14 (1).

Subsequent years

(4) The Minister of Finance may make regulations determining the amount of tax increases beginning in a year subsequent to the taxation year referred to in subsection (3).  2001, c. 25, s. 319 (4).

Application to lower-tiers

(5) A by-law of an upper-tier municipality providing for a deferral or cancellation of tax increases or other relief in respect of tax increases also applies with respect to the tax increases for lower-tier and school purposes.  2001, c. 25, s. 319 (5); 2003, c. 4, s. 12 (2); 2003, c. 7, s. 14 (2).

Amounts transferred by local municipalities adjusted

(6) If a local municipality levies a tax rate for upper-tier or school purposes in respect of which there is a deferral or cancellation of tax increases or other relief in respect of tax increases, the amount of taxes the local municipality shall pay the upper-tier municipality or school boards shall be reduced accordingly.  2001, c. 25, s. 319 (6).

Deferred taxes, payments to upper-tier, school boards

(7) If a local municipality levies a tax rate for upper-tier or school purposes in respect of which there is a deferral of tax increases, the local municipality shall pay the upper-tier municipality or school boards their share of any deferred taxes and interest when they are paid.  2001, c. 25, s. 319 (7).

Deferred taxes, etc., shown on tax certificates

(8) The treasurer of a municipality who issues a tax certificate in respect of a property for which taxes have been deferred shall show the amount of the deferred taxes and any accrued interest on the certificate.  2001, c. 25, s. 319 (8).

Interest

(9) Interest may be charged on taxes for taxation years before 2001 that are deferred under a by-law of a municipality at a rate not exceeding the market rate as determined by the municipality but no such interest may be charged for the 2001 or subsequent taxation years.  2001, c. 25, s. 319 (9).

Part payments credited to interest first

(10) An amount received in part payment of deferred taxes and interest shall be credited towards the interest before being credited towards the taxes.  2001, c. 25, s. 319 (10).

By-law may apply to taxes already paid

(11) A by-law may provide for the cancellation or deferral of, or other relief in respect of, taxes that have already been paid.  2001, c. 25, s. 319 (11).

Interest and penalties

(12) The municipality that passed the by-law under subsection (1) or, if the municipality is an upper-tier municipality, the lower-tier municipality,

(a) may waive interest and penalties on amounts that were not paid when they were due and that, as a result of the deferral, cancellation or other relief, are no longer owed; and

(b) may pay interest on amounts paid on account of taxes that, as a result of the deferral, cancellation or other relief, exceed the taxes.  2001, c. 25, s. 319 (12).

Different due dates

(13) For the purposes of clause (12) (a), if different parts of the taxes were due at different times, the amounts that are no longer owed shall be deemed to have been the latest taxes due.  2001, c. 25, s. 319 (13).

Special lien

(14) Subsection 349 (3) applies with necessary modifications with respect to deferred taxes and interest on such taxes.  2001, c. 25, s. 319 (14).

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

2002, c. 17, Sched. A, s. 52 - 01/01/2003; 2002, c. 22, s. 155 - 01/01/2003

2003, c. 4, s. 12 (1, 2) - 26/06/2003; 2003, c. 7, s. 14 (1, 2) - 18/12/2003

2005, c. 5, s. 44 (5) - 13/06/2005

Taxes on international bridges and tunnels

320 (1) The owner of a bridge or tunnel that crosses a river forming the boundary between Ontario and the United States shall pay a tax on the bridge or tunnel structure to the local municipality in which the Ontario end of the bridge or tunnel is located.  2001, c. 25, s. 320 (1).

Amount of tax

(2) The amount of the tax for a taxation year is the prescribed amount plus the amount under subsection (3) for the taxation year, if applicable.  2001, c. 25, s. 320 (2).

Additional amount

(3) For prescribed bridges or tunnels, the amount of the tax shall be increased by any amount by which the American municipal and school taxes for the year on the bridge or tunnel exceed the Ontario municipal taxes for the year on the bridge or tunnel, determined in accordance with the following:

1. The American municipal and school taxes on the bridge or tunnel are the taxes for municipal or school purposes on the bridge or tunnel structure and on land used for the purposes of the bridge or tunnel, converted to Canadian dollars in accordance with the prescribed method.

2. The Ontario municipal taxes on the bridge or tunnel are the taxes for municipal purposes on the bridge or tunnel structure and on land used for the purposes of the bridge or tunnel.  2001, c. 25, s. 320 (3).

Distribution of the tax

(4) The local municipality shall pay a share of the tax to the upper-tier municipality of which it forms part for municipal purposes, if any.  2001, c. 25, s. 320 (4).

Amount of share

(5) The upper-tier municipality’s share of tax under this section shall be determined in accordance with the following:

where,

“Total commercial tax” means the total tax levied on land in the commercial property class and other property classes prescribed for the purposes of this definition, for upper-tier and lower-tier purposes, in the local municipality;

“Upper-tier commercial tax” means the amount of the Total commercial tax levied for upper-tier purposes.

2001, c. 25, s. 320 (5).

When share paid

(6) The local municipality shall pay the upper-tier municipality its share of the tax under this section for a taxation year in accordance with the following:

1. The upper-tier municipality’s share of the prescribed amount referred to in subsection (2) shall be paid,

i. if the upper-tier municipality is a county, on or before December 15 of the taxation year, or

ii. if the upper-tier municipality is not a county, on or before the day the local municipality’s last instalment of taxes for the taxation year is due under the upper-tier rating by-law.

2. The upper-tier municipality’s share of the amount under subsection (3) shall be paid on or before January 31 of the year after the taxation year.  2001, c. 25, s. 320 (6).

Information from owners

(7) The municipality to which the tax must be paid may, by by-law, require owners of bridges and tunnels to provide information for the purposes of verifying the amount of the tax and the by-law may specify the information to be provided and the date by which it must be provided.  2001, c. 25, s. 320 (7).

Regulations

(8) The Minister may make regulations prescribing anything that under this section is to be prescribed.  2001, c. 25, s. 320 (8).

Taxes are taxes on land

(9) Taxes under this section shall be deemed to be taxes on the land used for the purposes of the bridge or tunnel.  2001, c. 25, s. 320 (9).

Exception, railway bridges

(10) This section does not apply with respect to a bridge or tunnel used exclusively for railway purposes.  2001, c. 25, s. 320 (10).

Definition

(11) In this section,

“land used for the purposes of the bridge or tunnel” includes land at the end of the bridge or tunnel used in connection with the bridge or tunnel, including duty-free stores.  2001, c. 25, s. 320 (11).

321 Repealed:  2006, c. 32, Sched. A, s. 134.

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

2002, c. 17, Sched. A, s. 53 (1, 2) - 01/01/2003

2006, c. 32, Sched. A, s. 134 - 01/01/2007

2007, c. 8, s. 218 (6) - 01/01/2007

Payments in lieu of taxes, distribution

322 (1) The Minister of Finance may make regulations governing the distribution of payments in lieu of taxes received by local municipalities.  2001, c. 25, s. 322 (1).

Same

(2) Regulations under this section may,

(a) govern which municipalities or school boards payments in lieu of taxes shall be distributed to;

(b) govern how much shall be distributed to each municipality or school board;

(c) govern when the distribution shall be made.  2001, c. 25, s. 322 (2).

Different rules for different payments

(3) Regulations under this section may treat different payments in lieu of taxes differently.  2001, c. 25, s. 322 (3).

Variation of time of distribution

(4) Regulations under clause (2) (c) may provide for the time the distribution shall be made to be varied by all or some of the interested municipalities and school boards.  2001, c. 25, s. 322 (4).

Amount to be distributed is a debt

(5) An amount that a local municipality is required to pay under this section is a debt of the local municipality to the municipality or school board to which the amount is required to be paid.  2001, c. 25, s. 322 (5).

Overpayments by local municipalities

(6) A local municipality that distributes more than is required under this section shall notify the municipality or school board to which the overpayment was distributed of the amount of the overpayment and that municipality or school board shall promptly pay that amount to the local municipality.  2001, c. 25, s. 322 (6).

Default

(7) If a local municipality fails to make any payment, or portion of it, as required under this section, the local municipality shall pay to the municipality or school board to which the amount is required to be paid, interest on the amount in default at the rate of 15 per cent per year, or such lower rate as the municipality or school board to which the amount is required to be paid may by by-law determine, from the date payment is due until it is made.  2001, c. 25, s. 322 (7).

Payments credited to general funds

(8) The portion of payments in lieu of taxes received and not distributed by a local municipality shall be credited to its general fund.  2001, c. 25, s. 322 (8).

Payments credited to other municipality

(9) The portion of payments in lieu of taxes received by a local municipality that are distributed to another municipality shall be credited to the general fund of that municipality.  2001, c. 25, s. 322 (9).

End of year statement

(10) On or before December 31 in each year, the treasurer of a local municipality shall give each municipality or school board to which the local municipality is required to distribute payments in lieu of taxes a statement setting out sufficient information to enable the municipality or school board to which the statement is given to determine the amount that the local municipality is required to distribute to the municipality or school board under this section.  2001, c. 25, s. 322 (10).

Conflict

(11) In the event of a conflict between a regulation under this section and a provision of this or of any other Act or regulation, the regulation under this section prevails.  2001, c. 25, s. 322 (11).

Universities, etc., liable to tax

323 (1) Despite any Act, a local municipality in which there is situate a university designated by the Minister of Training, Colleges and Universities or a college of applied arts and technology may by by-law levy an annual tax payable on or after July 1 upon the university or college, not exceeding the prescribed amount for each full-time student enrolled in the university or college in the year preceding the year of levy, as determined by the Minister of Training, Colleges and Universities.  2001, c. 25, s. 323 (1).

Annual levy on correctional institutions, etc.

(2) Despite any Act, if there is situate in a municipality a correctional institution that is designated by the Minister of Community Safety and Correctional Services or a training school or a youth custody facility (designated under subsection 85 (2) of the Youth Criminal Justice Act (Canada)) that is designated by the Minister of Community and Social Services, the municipality may by by-law levy an annual amount payable on or after July 1 upon such institution, school or facility, not exceeding the prescribed amount for each resident placed in such institution, school or facility as determined by the Minister of Community Safety and Correctional Services or the Minister of Community and Social Services, as the case may be.  2006, c. 32, Sched. A, s. 135.

Annual levy on public hospitals, etc.

(3) Despite any Act, a local municipality, in which there is situate a public hospital or provincial mental health facility designated by the Minister of Health and Long-Term Care, may by by-law levy an annual amount payable on or after July 1 upon such institution, not exceeding the prescribed amount for each provincially rated bed in the public hospital or provincial mental health facility as determined by the Minister of Health and Long-Term Care.  2001, c. 25, s. 323 (3).

Annual levy on residences for the developmentally disabled

(4) Despite any Act, a local municipality in which are situate one or more residences that are supported group living residences or intensive support residences under the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008 and that are designated by the Minister of Community and Social Services may by by-law levy an annual amount payable on or after July 1 upon those residences, not exceeding the prescribed amount for each provincially rated bed in the residences as determined by the Minister of Community and Social Services.  2009, c. 33, Sched. 8, s. 14 (1).

(4.1) Repealed:  2008, c. 14, s. 56 (2).

Annual levy on provincial education institutions

(5) Despite any Act, a local municipality, in which there is situate a provincial education institution designated by the Minister under whose jurisdiction that institution falls, may by by-law levy an annual amount payable on or after July 1 upon such institution, not exceeding the prescribed amount for each place in the institution as determined by that Minister.  2001, c. 25, s. 323 (5).

Agreement for municipal services authorized

(6) A municipality in which an institution designated under subsection (2), (3), (4) or (5) is situate may enter into an agreement with one or more municipalities for providing municipal service or services to that institution.  2001, c. 25, s. 323 (6).

Minister may direct agreement be entered into

(7) The Minister may direct a municipality in which an institution designated under subsection (2), (3), (4) or (5) is situate to enter into an agreement with another municipality to provide any municipal service or services to that institution on such terms as the Minister may stipulate.  2001, c. 25, s. 323 (7).

Application to O.M.B.

(8) If the Minister has directed that an agreement be entered into under subsection (7) and the municipalities fail to reach agreement within 60 days after the Minister’s direction, either of the municipalities or the Minister may apply to the Ontario Municipal Board and the Board shall settle the terms of the agreement.  2001, c. 25, s. 323 (8).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 323 (8) of the Act is repealed and the following substituted: (See: 2017, c. 23, Sched. 5, s. 51)

Application to L.P.A.T.

(8) If the Minister has directed that an agreement be entered into under subsection (7) and the municipalities fail to reach agreement within 60 days after the Minister’s direction, either of the municipalities or the Minister may apply to the Local Planning Appeal Tribunal and the Tribunal shall settle the terms of the agreement. 2017, c. 23, Sched. 5, s. 51.

Termination of existing agreements

(9) If a municipality has entered into an agreement under subsection (6) or (7), the Province may terminate any agreement between the Province and that municipality to provide any service or services to institutions designated under subsection (2), (3), (4) or (5).  2001, c. 25, s. 323 (9).

Not regulation

(9.1) A direction by the Minister under subsection (7) is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006.  2006, c. 21, Sched. F, s. 120 (13).

Regulations

(10) The Minister of Finance may make regulations prescribing amounts for the purposes of this section.  2001, c. 25, s. 323 (10).

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

2006, c. 19, Sched. D, s. 13 - 22/06/2006; 2006, c. 21, Sched. F, s. 120 (13) - 25/07/2007; 2006, c. 32, Sched. A, s. 135 - 01/01/2007

2008, c. 14, s. 56 (1, 2) - 01/01/2011

2009, c. 33, Sched. 8, s. 14 (1, 2) - 01/01/2011

2017, c. 23, Sched. 5, s. 51 - not in force

Non-profit hospital service corporation

Definition

324 (1) In this section,

“non-profit hospital service corporation” means a corporation without share capital that provides laundry or food services to one or more public hospitals, as defined in the Public Hospitals Act.  2001, c. 25, s. 324 (1).

Tax exemption

(2) Real property occupied by a non-profit hospital service corporation and used chiefly by the corporation for providing laundry or food services, or both, is exempt from taxation for municipal and school purposes but, subject to subsection (3), is not exempt from a fee or charge under Part XII in relation to sewage or water.  2001, c. 25, s. 324 (2).

Exemption from sewer, water fees and charges

(3) The municipality that imposed the fee or charge may by by-law exempt the property exempted from taxation for municipal and school purposes under subsection (2) from all or part of the fee or charge based on the amount of service received or the amount of benefit derived or derivable from the construction of the sewage works or water works.  2001, c. 25, s. 324 (3).

Payment in lieu of taxes

(4) In each year, the Minister may pay to a local municipality, in which there is real property exempt from taxation under subsection (2), an amount equal to the taxes for municipal purposes that would have been payable in respect of that real property in that year if the real property had been subject to municipal taxation.  2001, c. 25, s. 324 (4).

325 Repealed:  2006, c. 33, Sched. V, s. 2.

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

2006, c. 33, Sched. V, s. 2 - 20/12/2006

By-laws re special services

326 (1) A municipality may by by-law,

(a) identify a special service;

(b) determine which of the costs, including capital costs, debenture charges, charges for depreciation or a reserve fund, of the municipality are related to that special service;

(c) designate the area of the municipality in which the residents and property owners receive or will receive an additional benefit from the special service that is not received or will not be received in other areas of the municipality;

(d) determine the portion and set out the method of determining the portion of the costs determined in clause (b) which represent the additional costs to the municipality of providing the additional benefit in the area designated in clause (c);

(e) determine whether all or a specified portion of the additional costs determined in clause (d) shall be raised under subsection (4).  2001, c. 25, s. 326 (1); 2006, c. 32, Sched. A, s. 136 (1).

Definitions

(2) In this section,

“benefit” means a direct or indirect benefit that is currently available or will be available in the future; (“avantage”)

“special service” means a service or activity of a municipality or a local board of the municipality that is,

(a) not being provided or undertaken generally throughout the municipality, or

(b) being provided or undertaken at different levels or in a different manner in different parts of the municipality. (“service spécial”)  2001, c. 25, s. 326 (2).

Limitation

(3) An area designated by a municipality for a year under clause (1) (c) cannot include an area in which the residents and property owners do not currently receive an additional benefit but will receive it in the future unless the expenditures necessary to make the additional benefit available appear in the budget of the municipality for the year adopted under section 289 or 290 or the municipality has established a reserve fund to finance the expenditures over a period of years.  2001, c. 25, s. 326 (3).

Levies

(4) For each year a by-law of a municipality under this section remains in force, the municipality shall, except as otherwise authorized by regulation,

(a) in the case of a local municipality, levy a special local municipality levy under section 312 on the rateable property in the area designated in clause (1) (c) to raise the costs determined in clause (1) (e);

(b) in the case of an upper-tier municipality, direct each lower-tier municipality which includes any part of the area designated in clause (1) (c) to levy a special upper-tier levy under section 311 on the rateable property in that part of the municipality to raise its share of the costs determined in clause (1) (e).  2001, c. 25, s. 326 (4).

Regulations

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

(a) prescribing services that cannot be identified as a special service under clause (1) (a);

(b) establishing conditions and limits on the exercise of the powers of a municipality under this section, including making the exercise of the powers subject to the approval of any person or body;

(c) prescribing the amount of the costs or the classes of costs for the purpose of clause (1) (b);

(d) prescribing the area or rules for determining the area for the purpose of clause (1) (c);

(e) prescribing the amount of the additional costs or the rules for determining the additional costs for the purpose of clause (1) (d);

(f) providing for a process of appealing a by-law under this section and the powers the person or body hearing the appeal may exercise;

(g) providing that an appeal under clause (f) may apply to all or any aspect of the by-law;

(h) providing for rules or authorizing the person or body hearing an appeal under clause (f) to determine when by-laws subject to appeal come into force, including a retroactive date not earlier than the day on which the by-law was passed;

(i) for the purpose of subsection (4), exempting or delegating to a municipality the power to exempt specified rateable property from all or part of a special local municipality levy or a special upper-tier levy for a specified special service.  2001, c. 25, s. 326 (5); 2006, c. 32, Sched. A, s. 136 (2).

Retroactive

(6) A regulation under this section may be retroactive to a date not earlier than January 1 of the year in which the regulation is made.  2001, c. 25, s. 326 (6).

Deemed services

(7) If a municipality or a local board of a municipality pays for a service or activity provided or undertaken by another municipality or a local board of another municipality, the service or activity shall be deemed to be a service or activity of the first municipality or local board.  2001, c. 25, s. 326 (7).

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

2006, c. 32, Sched. A, s. 136 (1, 2) - 01/01/2007

PART IX
LIMITATION ON TAXES FOR CERTAIN PROPERTY CLASSES

Interpretation

327 (1) In this Part,

“commercial classes” means the commercial property class prescribed under the Assessment Act and optional property c