County of Oxford Act, R.S.O. 1990, c. C.42

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County of Oxford Act

R.S.O. 1990, CHAPTER C.42

Note: This Act was repealed on January 1, 2003. See: 2001, c. 25, ss. 484 (2), 485 (1).

Amended by: 1991, c. 15, ss. 20-25; 1992, c. 15, ss. 56-70; 1993, c. 11, ss. 1-3; 1993, c. 20, ss. 6, 22; 1994, c. 11, s. 385; 1994, c. 17, s. 46; 1994, c. 23, ss. 81-83; 1994, c. 27, s. 140; 1996, c. 32, s. 67; 1996, c. 33, ss. 22-25; 1997, c. 5, s. 65; 1997, c. 16, s. 3; 1997, c. 24, s. 225; 1997, c. 29, s. 55; 1998, c. 15, Sched. E, s. 6; 1998, c. 18, Sched. B, s. 4; 2000, c. 5, s. 10; 2001, c. 13, s. 12; 2001, c. 25, s. 484.

(NOTE: By Order in Council approved July 12, 1995, the powers and duties of the Minister were transferred to the Minister of Municipal Affairs and Housing.)

SKIP TABLE OF CONTENTS

CONTENTS

Definitions
1.	Definitions
PART I AREA MUNICIPALITIES
2.	Continuation of area municipalities
3.	Alteration of status of area municipality
4.	Votes
5.	Notice of inquiry by Minister
6.	No Board of Control
PART II ESTABLISHMENT OF THE COUNTY COUNCIL
7.	County continued
8.	County Council to exercise corporate powers
10.	Election of warden
11.	First meeting of area councils
12.	Quorum, voting
13.	Meetings
14.	Vacancies
15.	Committees
16.	Conduct of members
17.	Officers
18.	Acting warden
19.	Procedure
20.	Appointment of clerk
21.	Inspection and copying of minutes, etc.
22.	Appointment of treasurer
23.	Receipt and disbursement of money
24.	Bank accounts
25.	Monthly statement
26.	Appointment of auditors
27.	Deemed municipality
PART III COUNTY ROAD SYSTEM
28.	Definitions
29.	County road system
30.	Plans of construction and maintenance
33.	Road maintenance
34.	Sidewalks excepted
35.	Installation of traffic control devices
36.	Intersection of other roads by county road
37.	New roads
38.	Powers and liabilities of County
39.	Erection of gasoline pump and advertising device near county road
40.	By-laws of area municipalities regulating traffic
41.	Agreements for pedestrian walks
42.	Disputes as to maintenance, etc., of bridges and highways
43.	Boundary bridges between area municipalities
44.	Boundary bridges between County and adjoining municipalities
45.	Restrictions
46.	Controlled-access roads
47.	Private roads, etc., opening upon county controlled-access road
48.	Notice
49.	County liability where road forms part of system
50.	Stopping-up highways
51.	County road superintendent
52.	Application
PART IV MUNICIPAL HYDRO-ELECTRIC SERVICE
53.	Definitions
54.	Commissions continued
55.	Powers of commissions
57.	Vesting of real property
58.	Borrowing
PART V PLANNING
59.	Powers of County Council
60.	Official plan for County
PART VI HEALTH AND WELFARE SERVICES
61.	Liability for hospitalization of indigents
62.	Health unit continued
63.	Boundaries fixed
64.	Constitution of health board
65.	County deemed city
66.	Liability for homes for aged
67.	Residents of other homes for aged
68.	Area municipality not deemed municipality
69.	Information
70.	Adjustments
71.	Powers re facilities
PART VII POLICE
72.	Police jurisdiction
73.	Area rating
74.	Policing services reviewed
PART VIII COUNTY WATERWORKS SYSTEM
75.	County to be sole distributor of water
PART IX COUNTY SEWAGE WORKS
76.	County responsible for sanitary sewage
PART X FINANCES
78.	Investment of money
Reserve Funds
85.	Reserve funds of municipalities
86.	Reserve fund
Temporary Loans
87.	Current borrowings
Debt
88.	Debt
89.	Temporary borrowing
91.	Concurrence of specified number of members of area council
92.	Borrowing pending issue and sale of debentures
93.	Principal and interest payments
94.	Debentures payable on a fixed date subject to the annual redemption by lot of a specified principal amount
95.	Debentures
96.	Interest
97.	Repeal of by-law when part only of money to be raised
98.	Until debt paid certain by-laws cannot be repealed
99.	Offence for neglect of officer to carry out by-law
100.	Money by-laws may be registered
101.	Execution
102.	Debentures on which payment has been made for one year to be valid
103.	Mode of transfer
103.1	Records storage
104.	Replacement of lost debentures
105.	Exchange of debentures
106.	Application of proceeds of debentures
107.	Use of proceeds of sale of asset acquired from proceeds of sale of debentures
108.	Tenders for debentures
109.	Accounts, how to be kept
110.	Application of surplus money
111.	Liability of members
112.	Refinancing of debentures
PART XI GENERAL
113.	Special provisions
114.	Expenditures for diffusing information
115.	Payment of damages to employees
116.	Investigation by judge of charges of malfeasance
118.	Entry on highways
119.	Agreements re services
120.	Application of Assessment Act
121.	Execution against County
122.	Powers of O.M.B.
123.	Conditional powers
124.	Conflict with other Acts
125.	Municipal buildings
126.	County responsible for waste facilities
127.	Successor rights
128.	County Fire Co-ordinator
128.1	Emergency response services
129.	Existing speed limits continued
130.	Council deemed recreation committee
131.	County library system
FORM 1
FORM 2

Definitions

Definitions

1. In this Act,

“area municipality” means the municipality or corporation of the City of Woodstock, the Town of Ingersoll, the Town of Tillsonburg, the Township of Blandford-Blenheim, the Township of East Zorra-Tavistock, the Township of Zorra, the Township of Norwich and the Township of South-West Oxford all as continued by section 2; (“municipalité de secteur”)

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

“County” means the County of Oxford; (“comté”)

“County Council” means the council of the County; (“conseil de comté”)

“county road” means a road forming part of the county road system referred to in Part III; (“route de comté”)

“debt” includes any obligation for the payment of money; (“dette”)

“highway” and “road” mean a common and public highway or any part thereof, and include a street, bridge, and any other structure incidental thereto or any part thereof; (“voie publique”, “route”)

“land” includes lands, tenements and hereditaments and any estate or interest therein, and any right or easement affecting them, and land covered with water, and includes any buildings or improvements on land; (“bien-fonds”)

“local board” means any school board, public utility commission, transportation commission, public library board, board of park management, local board of health, police services board, planning board or any other board, commission, committee, body or local authority established or exercising any power or authority under any general or special Act with respect to any of the affairs or purposes, including school purposes, of an area municipality or of two or more area municipalities or parts thereof; (“conseil local”)

“local municipality” means in the year 1974 any local municipality or portion thereof in the County; (“municipalité locale”)

“merged area” means a local municipality that was amalgamated with another local municipality or a part of a local municipality that was annexed to a local municipality to constitute an area municipality under subsection 2 (1) of the County of Oxford Act, being chapter 365 of the Revised Statutes of Ontario, 1980, or the local municipality to which such part was annexed; (“secteur fusionné”)

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

“Ministry” means the Ministry of Municipal Affairs; (“ministère”)

“money by-law” means a by-law for contracting a debt or obligation or for borrowing money; (“règlement municipal de finance”)

“Municipal Board” means the Ontario Municipal Board; (“Commission des affaires municipales”)

“roadway” means that part of the highway designed or intended for use by vehicular traffic. (“chaussée”) R.S.O. 1990, c. C.42, s. 1.

PART I
AREA MUNICIPALITIES

Continuation of area municipalities

2. The area municipalities are continued with the same name, status and boundaries as they had on the 31st day of December, 1990. R.S.O. 1990, c. C.42, s. 2.

Alteration of status of area municipality

3. (1) Despite any Act, upon the recommendation of the Minister pursuant to an application by an area municipality the Lieutenant Governor in Council may, by order, alter the status of the area municipality to that of a township, village, town or city municipality, and may direct the new name that the area municipality will bear when its status is altered and the date when the alteration of status will take effect and may provide for any matters that are considered necessary or desirable for implementing the alteration of status or for carrying on the area municipality after that date, including the composition of its council.

By-laws, assets, etc.

(2) Where an order is made under subsection (1), sections 17, 19 and 22 of the Municipal Act apply, with necessary modifications, and the provisions of any special Act that applied to the area municipality prior to the alteration of its status continue to apply to it after the alteration. R.S.O. 1990, c. C.42, s. 3.

Votes

4. (1) Repealed: 1996, c. 32, s. 67 (1).

Where acclamation or equality of votes

(2) If, after any election in an area municipality, by reason of acclamation or equality of votes, it cannot be determined which councillor or councillors is, or are, entitled to be a member or members of the County Council, the matter shall be determined by resolution of the council of the area municipality passed before the organization meeting of the County Council. R.S.O. 1990, c. C.42, s. 4 (2).

(3) Repealed: 1996, c. 32, s. 67 (1).

(4) Repealed: 1996, c. 32, s. 67 (1).

Notice of inquiry by Minister

5. (1) If the Minister is inquiring into the structure, organization and methods of operation of one or more area municipalities or of the County, the Minister may give the Municipal Board a written notice of the inquiry.

Stay of proceeding before Municipal Board

(2) When the Municipal Board receives the Minister’s notice, the following are stayed until the Minister notifies the Municipal Board that they may be continued:

1. An appeal of a by-law of an area municipality passed under section 13 of the Municipal Act.

2. A petition under section 13.2 of that Act relating to an area municipality. 1996, c. 32, s. 67 (2).

No Board of Control

6. No area municipality shall have a Board of Control. R.S.O. 1990, c. C.42, s. 6.

PART II
ESTABLISHMENT OF THE COUNTY COUNCIL

County continued

7. (1) The County of Oxford is continued and shall exercise the powers and duties and be subject to the obligations and liabilities provided for in this Act.

Deemed municipality

(2) The County shall be deemed to be a municipality for the purposes of the Municipal Affairs Act and the Ontario Municipal Board Act.

Minister’s authority

(3) The Minister may by order deem the County to be a regional municipality for the purposes of any general or special Act.

County deemed not municipality

(4) The County shall not, except as provided for in this Act, be a municipality for the purposes of the Municipal Act. R.S.O. 1990, c. C.42, s. 7.

County Council to exercise corporate powers

8. (1) The powers of the County shall be exercised by the County Council and, except where otherwise provided, the jurisdiction of the County Council is confined to the County.

Powers exercised by by-law

(2) Except where otherwise provided, the powers of the County Council shall be exercised by by-law.

Not to be quashed as unreasonable

(3) A by-law passed by the County Council in the exercise of any of its powers and in good faith shall not be open to question, or be quashed, set aside or declared invalid either wholly or partly, on account of the unreasonableness or the supposed unreasonableness of its provisions or any of them. R.S.O. 1990, c. C.42, s. 8.

9. Repealed: 1996, c. 32, s. 67 (3).

Election of warden

10. (1) At the first meeting of the County Council after a regular election at which a quorum is present, the County Council shall organize as a council and elect from among its members a warden who shall hold office for that term of the council and until a successor is elected, and at such meeting the clerk shall preside until the warden is elected, and the warden so elected shall retain his or her seat on the council of the area municipality to which he or she was elected.

Idem

(2) At the first meeting of the County Council in any year at which the warden is to be elected, the Council shall conduct a draw by lot to determine the area municipality which shall cast the additional vote in the event of a tie to elect the warden.

Failure to elect warden

(3) If, at the first meeting of the County Council after a regular election, a warden is not elected, the presiding officer may adjourn the meeting from time to time, and, if a warden is not elected at any adjourned meeting held within one week after the first meeting, the Lieutenant Governor in Council shall appoint a warden to hold office for the term of the council and until a successor is elected in accordance with this Act. R.S.O. 1990, c. C.42, s. 10.

First meeting of area councils

11. (1) Despite any other general or special Act, the first meeting of the council of each area municipality after a regular election shall be held not later than the seventh day following the day on which the term of office in respect of which the election was held commences. R.S.O. 1990, c. C.42, s. 11 (1).

First meeting of County Council

(2) The first meeting of the County Council after a regular election shall be held after the councils of the area municipalities have held their first meetings under subsection (1), but in any event not later than the fourteenth day following the day on which the term of office in respect of which the election was held commences. R.S.O. 1990, c. C.42, s. 11 (2); 1994, c. 23, s. 81.

Certificates of qualification

(3) Where a person is elected or appointed to represent an area municipality as a member of the County Council or is elected or appointed as mayor of an area municipality, the clerk of the area municipality, forthwith after the election or appointment, shall certify under the seal of the area municipality to the clerk of the County the name of each person who has been so elected or appointed, and the person shall not take the seat to which the person has become entitled until the clerk of the County has received such a certificate in respect of that person.

Oath of allegiance and declaration of qualification

(4) The warden, before taking his or her seat, shall take an oath of allegiance in Form 1 and a declaration of qualification in Form 2, in English or in French.

Declaration of office

(5) No business shall be proceeded with at the first meeting of the County Council until after the declarations of office in Form 3 of the Municipal Act have been made, in English or in French, by all members who present themselves for that purpose.

When County Council deemed organized

(6) The County Council shall be deemed to be organized when the declarations of office have been made by a sufficient number of members to form a quorum as provided for in section 12. R.S.O. 1990, c. C.42, s. 11 (3-6).

Quorum, voting

12. (1) Eleven members of the County Council representing four area municipalities are necessary to form a quorum and the concurring votes of a majority of members present are necessary to carry any resolution or other measure.

One vote

(2) Each member of the County Council has one vote only. R.S.O. 1990, c. C.42, s. 12.

Quorum if size and composition changed

(3) Despite the quorum rule in subsection (1), if a by-law passed by the County Council under section 27 of the Municipal Act is in force, a majority of the members are necessary to form a quorum.

By-law re quorum

(4) Despite subsection (3), the County Council may, by by-law, adopt a different quorum provision that requires the attendance of at least a majority of its members. 1996, c. 32, s. 67 (4).

Meetings

13. Subject to section 11, all meetings of the County Council shall be held within the County. 1994, c. 23, s. 82.

Vacancies

14. (1) When a vacancy occurs in the office of a warden who has been elected under subsection 10 (1), the County Council shall, at a general or special meeting to be held within twenty days after the vacancy occurs, elect a warden who shall be a member of the County Council, to hold office for the remainder of the term of his or her predecessor.

Idem

(2) If the County Council fails to elect a warden within twenty days as required by subsection (1), the Lieutenant Governor in Council may appoint a person as warden to hold office for the remainder of the term of his or her predecessor.

Disqualification and vacancies

(3) Sections 37, 38, 43, 44 and 95 of the Municipal Act apply with necessary modifications to the County Council.

Resignation from County Council

(4) A member of the County Council with the consent of the majority of the members present at a meeting, entered upon the minutes of it, may resign his or her office and seat in the Council which shall then be vacant, but the member shall not vote on a motion as to the resignation and if the Council does not accept the resignation it is of no effect.

Where vacancy in County Council or area municipality council

(5) If not already vacant by virtue of any general or special Act,

(a) the seat of a member of the County Council becomes vacant if the seat of that member on the council of an area municipality is declared vacant by the council of that area municipality; and

(b) the seat of a member of the council of an area municipality becomes vacant if the seat of that member on the County Council is declared vacant by the County Council.

Declaration of vacancy

(6) Where the County Council or the council of an area municipality declares the seat of a member to be vacant, other than under subsection (7), and subsection (5) applies, the County Council or the area council, as the case may be, shall forthwith cause a copy of its declaration to be sent to the other council.

Idem

(7) Upon receiving a copy of a declaration of a vacancy in respect of a member under subsection (6), the County Council or the council of the area municipality, as the case may be, shall forthwith declare the seat of that member on the council to be vacant.

Other members

(8) When a vacancy occurs in the office of a member, other than the warden or the head of the council of an area municipality, the council of the area municipality of which he or she was a member shall by by-law within sixty days after the vacancy occurs appoint a successor, who may be a member of the council, to hold office for the remainder of the term of his or her predecessor.

Where head of council incapacitated

(9) In the event that the head of the council of an area municipality is for any reason unable to fulfil his or her duties as a member of the County Council for a period exceeding one month, the council of the area municipality may by by-law appoint one of its members as an alternate representative to the County Council who shall act in the place and stead of the head of council during his or her incapacity but no such by-law shall have effect for a period longer than one month from its effective date. R.S.O. 1990, c. C.42, s. 14.

Committees

15. The County Council may from time to time establish such standing or other committees and assign to them such duties as it considers expedient. R.S.O. 1990, c. C.42, s. 15.

Conduct of members

16. The County Council may pass by-laws governing the conduct of its members. 1994, c. 23, s. 83.

Officers

17. (1) The warden is the head of the County Council and is the chief executive officer of the County. R.S.O. 1990, c. C.42, s. 17 (1).

Chief administrative officer

(2) The County Council may by by-law appoint a chief administrative officer, who,

(a) shall have such general control and management of the administration of the government and affairs of the County and perform such duties as the County Council by by-law prescribes;

(b) shall be responsible for the efficient administration of all its departments to the extent that he or she is given authority and control over them by by-law; and

(c) Repealed: 1992, c. 15, s. 56.

(d) shall receive such salary as the County Council by by-law determines. R.S.O. 1990, c. C.42, s. 17 (2); 1992, c. 15, s. 56.

(3) Repealed: 1991, c. 15, s. 20.

Acting warden

18. (1) When the warden is absent or refuses to act, or his or her office is vacant, the County Council may by resolution appoint one of its members to act in the warden’s place and stead and, while so acting, such member has and may exercise all the rights, powers and authority of the warden.

Idem

(2) The County Council may by by-law appoint a member of the County Council to act from time to time in the place and stead of the warden when the warden is absent from the County or absent through illness or his or her office is vacant and, while so acting, such member has and may exercise all the rights, powers and authority of the warden. R.S.O. 1990, c. C.42, s. 18.

Procedure

19. (1) Sections 57, 58, 59, 61, 127, 134 to 138 and 251 of the Municipal Act apply with necessary modifications to the County.

Idem

(2) Sections 55, 62 and 106 of the Municipal Act apply with necessary modifications to the County Council and to every local board of the County.

Remuneration and expenses

(3) Sections 242, 243, 244 to 248, 251, 252, 253 and 254 of the Municipal Act apply with necessary modifications to the County Council. R.S.O. 1990, c. C.42, s. 19.

Appointment of clerk

20. (1) The County Council shall appoint a clerk whose duty it is,

(a) to record truly, without note or comment, all resolutions, decisions and other proceedings of the County Council;

(b) if required by any member present, to record the name and vote of every member voting on any matter or question;

(c) to keep in his or her office, or in the place appointed for that purpose, the originals of all by-laws and of all minutes of the proceedings of the County Council and its committees; and

(d) to perform such other duties as may be assigned by the County Council.

Deputy clerk

(2) The County Council may appoint a deputy clerk who shall have all the powers and duties of the clerk.

Acting clerk

(3) When the office of clerk is vacant or the clerk is unable to carry on his or her duties through illness or otherwise, the County Council may appoint a temporary acting clerk who shall have all the powers and duties of the clerk. R.S.O. 1990, c. C.42, s. 20.

Inspection and copying of minutes, etc.

21. (1) Subject to the Municipal Freedom of Information and Protection of Privacy Act, any person may, at all reasonable hours, inspect any of the records, books or documents mentioned in section 20 and the minutes and proceedings of any committee of the County Council, whether the acts of the committee have been adopted or not, and other documents in the possession or under the control of the clerk, and the clerk shall, within a reasonable time, furnish copies of them, certified under the clerk’s hand and the seal of the County, to any applicant on payment at such rate as the County Council may by by-law establish. R.S.O. 1990, c. C.42, s. 21 (1); 1992, c. 15, s. 57.

Index of by-laws affecting land

(2) The clerk shall keep an index book in which he or she shall enter the number and date of all by-laws passed by the County Council that affect land or the use thereof in the County but do not directly affect the title to land.

Copies certified by clerk to be receivable in evidence

(3) A copy of any record, book or document in the possession or under the control of the clerk, purporting to be certified under his or her hand and the seal of the County, may be filed and used in any court in lieu of the original, and shall be received in evidence without proof of the seal or of the signature or official character of the person appearing to have signed the same, and without further proof, unless the court otherwise directs. R.S.O. 1990, c. C.42, s. 21 (2, 3).

Appointment of treasurer

22. (1) The County Council shall appoint a treasurer who shall keep the books, records and accounts, and prepare the annual financial statements of the County and preserve and file all accounts of the County and shall perform such other duties as may be assigned by the County Council.

Deputy treasurer

(2) The County Council may appoint a deputy treasurer who shall have all the powers and duties of the treasurer.

Acting treasurer

(3) When the office of treasurer is vacant or the treasurer is unable to carry on his or her duties, through illness or otherwise, the County Council may appoint a temporary acting treasurer who shall have all the powers and duties of the treasurer. R.S.O. 1990, c. C.42, s. 22.

Receipt and disbursement of money

23. (1) The treasurer shall receive and safely keep all money of the County and shall pay out money to such persons and in such manner as the law in force in Ontario and the by-laws or resolutions of the County Council direct, provided that every cheque issued by the treasurer shall be signed by the treasurer and by some other person or persons designated for the purpose by by-law or resolution of the County Council.

Signing of cheques

(2) Despite subsection (1), the County Council may by by-law,

(a) designate one or more persons to sign cheques in lieu of the treasurer; and

(b) provide that the signature of the treasurer and of any other person authorized to sign cheques may be written or engraved, lithographed, printed or otherwise mechanically reproduced on cheques.

Petty cash fund

(3) The County Council may by by-law provide that the treasurer may establish and maintain a petty cash fund of an amount of money sufficient to make change and pay small accounts, subject to such terms and conditions as the by-law may provide.

Treasurer’s liability limited

(4) The treasurer is not liable for money paid by him or her in accordance with a by-law or resolution of the County Council, unless another disposition of it is expressly provided for by statute. R.S.O. 1990, c. C.42, s. 23.

Bank accounts

24. Subject to subsection 23 (3), the treasurer shall,

(a) open an account or accounts in the name of the County at such place of deposit as may be approved by the County Council;

(b) deposit all money received by him or her on account of the County, and no other money, to the credit of such account or accounts, and no other account; and

(c) keep the money of the County entirely separate from his or her own money and from that of any other person,

and despite subsection 23 (1), the County Council shall not by by-law or resolution direct any variance from this section, nor shall the treasurer vary from it. R.S.O. 1990, c. C.42, s. 24.

Monthly statement

25. (1) The treasurer shall prepare and submit to the County Council, monthly, a statement of the money at the credit of the County.

Notice to sureties

(2) Where the treasurer is removed from office or absconds, the County Council shall forthwith give notice to his or her sureties. R.S.O. 1990, c. C.42, s. 25.

Appointment of auditors

26. (1) The County Council shall by by-law appoint for a term of five years or less one or more auditors licensed under the Public Accountancy Act who shall audit the accounts and transactions of the County and of every local board of the County, except school boards. 1991, c. 15, s. 21.

Cost of audit

(2) Where an auditor audits the accounts and transactions of a local board, the cost thereof shall be paid by the County and charged back to the local board, and, in the event of a dispute as to the amount of the cost, the Ministry may upon application finally determine the amount thereof.

Disqualification of auditors

(3) No person shall be appointed as an auditor of the County who is or during the preceding year was a member of the County Council or of the council of an area municipality or of any local board, the accounts and transactions of which it would be the auditor’s duty to audit, or who has or during the preceding year had any direct or indirect interest in any contract with the County or an area municipality, or any local board, or any employment with any of them other than for services within the auditor’s professional capacity.

Duties of auditors

(4) An auditor shall perform such duties as are prescribed by the Ministry and also such duties as may be required by the County Council or any local board of the County that do not conflict with the duties prescribed by the Ministry. R.S.O. 1990, c. C.42, s. 26 (2-4).

Deemed municipality

27. The County shall be deemed to be a municipality for the purposes of the Ontario Municipal Employees Retirement System Act. R.S.O. 1990, c. C.42, s. 27.

PART III
COUNTY ROAD SYSTEM

Definitions

28. In this Part,

“approved” means approved by the Minister or of a type approved by the Minister; (“approuvé”)

“construction” includes reconstruction; (“construction”)

“maintenance” includes repairs; (“entretien”)

“Minister” means the Minister of Transportation; (“ministre”)

“Ministry” means the Ministry of Transportation; (“ministère”)

“road authority” means a body having jurisdiction and control of a highway. (“office de la voirie”) R.S.O. 1990, c. C.42, s. 28.

County road system

29. (1) The county road system as it was constituted on the 31st day of December, 1990, is continued except as it may be altered or amended under this Part. R.S.O. 1990, c. C.42, s. 29 (1).

Adding or removing roads

(2)The County Council may by by-law add roads to or remove roads from the county road system, including such boundary line roads or portions thereof between the County and an adjoining county or regional municipality or the Town of Norfolk as may be agreed upon between the County Council and the council of the adjoining county or regional municipality or of the Town. 2000, c. 5, s. 10.

Transfer of provincial highway to County

(3) The Minister may transfer any highway under the jurisdiction and control of the Ministry within the County to the County and the highway shall for all purposes be deemed to be part of the county road system on such date as is designated by the Minister and to have been transferred under section 29 of the Public Transportation and Highway Improvement Act. R.S.O. 1990, c. C.42, s. 29 (3); 1994, c. 27, s. 140 (1).

Vesting of roads in County

(4) Where a road or part thereof forms part of the county road system, jurisdiction and control and the soil and freehold thereof are vested in the County. R.S.O. 1990, c. C.42, s. 29 (4).

Removal of roads from county road system

(5) The Minister may remove any road from the county road system. R.S.O. 1990, c. C.42, s. 29 (5); 1994, c. 27, s. 140 (2).

Roads removed from system

(6) Where a road or a part thereof is removed from the county road system, except by reason of it being stopped-up pursuant to subsection 38 (1), such road or part is thereupon transferred to and the jurisdiction and control and the soil and freehold thereof is thereupon vested in the area municipality in which it is situate, and the area municipality may sue upon any rights or under any agreements or by-laws in the same manner and to the same extent as the County in respect of such road. R.S.O. 1990, c. C.42, s. 29 (6).

Status of land acquired for widening county road

(7) Despite subsection (10), where the County acquires land for the purpose of widening a county road, the land so acquired, to the extent of the designated widening, forms part of the road and is included in the county road system. R.S.O. 1990, c. C.42, s. 29 (7).

Idem

(8) When land abutting on a county road is dedicated for, or apparently for, widening the county road, the land so dedicated is part of the county road and the jurisdiction and control and the soil and freehold thereof is vested in the County subject to any rights in the soil reserved by the person who dedicated the land. R.S.O. 1990, c. C.42, s. 29 (8).

Consolidating by-law

(9) The County Council shall, from time to time, pass a by-law consolidating all by-laws relating to the county road system. R.S.O. 1990, c. C.42, s. 29 (9).

(10) Repealed: 1996, c. 33, s. 22.

Regulations Act

(11) The Regulations Act does not apply to an order in council made under this section. R.S.O. 1990, c. C.42, s. 29 (11).

Plans of construction and maintenance

30. The County Council shall adopt a plan of road construction and maintenance, and from time to time thereafter shall adopt such other plans as may be necessary. R.S.O. 1990, c. C.42, s. 30.

31. Repealed: 1996, c. 33, s. 23.

32. Repealed: 1996, c. 33, s. 23.

Road maintenance

33. (1) The County shall keep every road included in the county road system in a state of repair that is reasonable in light of all the circumstances, including the road’s character and location.

Defence

(2) The County is not liable under subsection (1) for failing to keep a road in a reasonable state of repair if it did not know and could not reasonably have been expected to know about the road’s state of repair.

Same

(3) The County is not liable under subsection (1) for failing to keep a road in a reasonable state of repair if it took reasonable steps to prevent the default from arising.

Same

(4) The County is not liable under subsection (1) for failing to keep a road in a reasonable state of repair if, at the time the cause of action arises,

(a) minimum standards established under subsection 284 (1.5) of the Municipal Act apply,

(i) to the road, and

(ii) to the alleged default; and

(b) those standards have been met. 1996, c. 32, s. 67 (5).

Sidewalks excepted

34. (1) The County is not by reason of a road forming part of the county road system under this Act liable for the construction or maintenance of sidewalks on any road or portion thereof in the county road system, but the area municipality in which such sidewalks are located continues to be liable for the maintenance of such sidewalks and is responsible for any injury or damage arising from the construction or presence of the sidewalks on such road or portion thereof to the same extent and subject to the same limitations to which an area municipality is liable under section 284 of the Municipal Act in respect of a sidewalk on a road over which a council has jurisdiction.

Area municipalities may construct sidewalks, etc.

(2) An area municipality may construct a sidewalk or other improvement or service on a county road, and the County may contribute to the cost of such sidewalk, improvement or service, but no such work shall be undertaken by an area municipality without first obtaining the approval of the County Council expressed by resolution.

How cost provided

(3) The cost of any such sidewalk, improvement or service constructed on a county road may be met out of the general funds of the area municipality or the work may be undertaken in whole or in part as a local improvement under the Local Improvement Act.

Area municipality to conform to requirements and be responsible for damage

(4) An area municipality when constructing such a sidewalk, improvement or service on a county road shall conform to any requirements or conditions imposed by the County Council and is responsible for any injury or damage arising from the construction or presence of the sidewalk, improvement or service on the road. R.S.O. 1990, c. C.42, s. 34.

Installation of traffic control devices

35. (1) The County may construct, install, maintain or remove any works on a highway, other than a road under the jurisdiction and control of the Ministry, including traffic control devices, for the purpose of altering or regulating the flow of traffic upon entering or leaving a road in the county road system.

Relocation of intersecting roads

(2) The County may relocate, alter or divert any public road, other than a road under the jurisdiction and control of the Ministry, entering or touching upon or giving access to a road in the county road system.

Idem

(3) Where, in relocating, altering or diverting a public road under subsection (2), the County constructs a new road in lieu of the public road, the County may close the public road at the point of intersection with the county road and may, by by-law vest the new road and the soil and freehold and jurisdiction and control thereof in the area municipality in which it is situate.

Construction of sidewalk, etc., on area municipality road

(4) Where the County constructs a sidewalk, improvement or service on a road under the jurisdiction and control of an area municipality, the area municipality may contribute to the cost of such sidewalk, improvement or service and the work may be undertaken in whole or in part under the Local Improvement Act. R.S.O. 1990, c. C.42, s. 35.

Intersection of other roads by county road

36. Where a county road intersects a road that is under the jurisdiction and control of an area municipality, the continuation of the county road to its full width across the road so intersected is a part of the county road system. R.S.O. 1990, c. C.42, s. 36.

New roads

37. The County Council may pass by-laws for establishing and laying out new roads and adding such new roads to the county road system, and the provisions of the Municipal Act with respect to the establishment and laying out of highways by municipalities apply with necessary modifications. R.S.O. 1990, c. C.42, s. 37.

Powers and liabilities of County

38. (1) With respect to the roads in the county road system and the regulation of traffic thereon, the County has all the powers conferred, and is subject to all the liabilities imposed, upon the council or corporation of a city by the Municipal Act, the Highway Traffic Act and any other Act with respect to highways.

Establishment of bus lanes, etc.

(2) The County Council may by by-law designate any lane on any road over which it has jurisdiction as a lane solely or principally for use by public transit motor vehicles, taxicabs and by private motor vehicles carrying such number of passengers as may be specified in the by-law, and prohibit or regulate the use thereof by all other vehicles to such extent and for such period or periods as may be specified in the by-law.

Definition

(3) For the purposes of subsection (2),

“public transit motor vehicle” means a motor vehicle owned and operated by, for or on behalf of the County or any other municipality, including a metropolitan or regional municipality, as part of its passenger transportation service and such other class or classes of motor vehicles operated in connection with the provision of a passenger transportation service as may be specified in the by-law. R.S.O. 1990, c. C.42, s. 38.

Erection of gasoline pump and advertising device near county road

39. (1) The County Council may by by-law prohibit or regulate the placing or erecting of,

(a) any gasoline pump within forty-five metres of any limit of a county road;

(b) any sign, notice or advertising device within 400 metres of any limit of a county road.

Permits

(2) A by-law passed under this section may provide for the issuing of permits for the placing or erecting of any gasoline pump, sign, notice or advertising device and may prescribe the form, terms and conditions thereof and the fees to be paid therefor. R.S.O. 1990, c. C.42, s. 39.

By-laws of area municipalities regulating traffic

40. (1) No by-law passed by an area municipality for the regulation of traffic on a highway under the jurisdiction and control of the area municipality, except a by-law for the regulation of parking, shall come into force until it has been approved by the County Council.

County Council may approve by-law in whole or in part

(2) A by-law submitted for approval of the County Council in compliance with subsection (1) may be approved in whole or in part and, where part only of a by-law is approved, that part only shall become operative.

Withdrawal of approval

(3) The County Council may withdraw its approval to any by-law or any part thereof by notice sent by registered mail to the clerk of the area municipality and such by-law or part thereof shall be deemed to be repealed twenty-one days after the sending of the notice.

Signal-light devices

(4) All signal-light traffic control devices heretofore or hereafter erected on a highway under the jurisdiction and control of an area municipality shall be operated, or erected and operated, in the manner prescribed by by-law of the County Council, and the County Council may delegate any of its powers in respect of the operation of such devices to an officer of the County designated in the by-law.

Contribution toward cost of signal-light

(5) The County may contribute toward the cost of the erection of signal-light traffic control devices erected by an area municipality.

Traffic control within thirty metres of county roads

(6) Subject to the Highway Traffic Act, the County Council may pass by-laws to regulate traffic on any highway under the jurisdiction and control of an area municipality for a distance of thirty metres on either side of the limit of a county road and where there is any conflict between such a by-law and a by-law of an area municipality, the by-law passed under this subsection prevails to the extent of such conflict. R.S.O. 1990, c. C.42, s. 40.

Agreements for pedestrian walks

41. The County Council may by by-law authorize agreements between the County and the owners or lessees of land abutting on a highway for the construction, maintenance and use of walks for pedestrians over, across or under the highways upon such terms and conditions as may be agreed and for contributing to the whole or any part of the cost thereof, and for leasing or licensing the use of untravelled portions of such walks and adjoining lands to persons for such considerations and upon such terms and conditions as may be agreed. R.S.O. 1990, c. C.42, s. 41.

Disputes as to maintenance, etc., of bridges and highways

42. (1) Sections 291 and 293 of the Municipal Act do not apply to a bridge or highway crossing or forming a boundary between the County and an adjoining municipality where such bridge or highway is included in the county road system and in the road system of the municipality.

Idem

(2) Where there is a difference between the County Council and the council of a municipality in respect of any such bridge or highway as to the corporation upon which the obligation rests for the constructing or maintaining of the bridge or highway, or as to the proportions in which the corporations should respectively contribute thereto, or where the County Council and the council of the municipality are unable to agree as to any action, matter or thing to be taken or done in respect of such bridge or highway, every such difference shall be determined by the Municipal Board upon an application by the County or the corporation of the municipality.

Hearing by O.M.B.

(3) The Municipal Board shall appoint a day for the hearing of the application, of which ten days notice in writing shall be given to the clerk of each municipality and of the County, and shall, at the time and place appointed, hear and determine all matters in difference between the municipalities, in regard to such bridge or highway, and the Municipal Board may make such order with respect to the same as it may consider just and proper, and may by the order fix and determine the amount or proportion that each municipality shall pay or contribute toward the building and maintaining of such bridge or highway.

Term of order

(4) An order made by the Municipal Board under this section is binding upon the municipalities for such period as the Municipal Board may determine, and is final and conclusive. R.S.O. 1990, c. C.42, s. 42.

Boundary bridges between area municipalities

43. Subsection 265 (1) of the Municipal Act does not apply to a bridge over a river, stream, pond or lake forming or crossing a boundary line between area municipalities, and the councils of the area municipalities on either side of such boundary line have joint jurisdiction over every such bridge that is not included in the county road system. R.S.O. 1990, c. C.42, s. 43.

Boundary bridges between County and adjoining municipalities

44. Section 276 of the Municipal Act does not apply to a bridge over a river, stream, pond or lake forming or crossing a boundary line between the County and an adjoining municipality, and the councils of the area municipality and the adjoining local municipality on either side of such boundary line have joint jurisdiction over every such bridge that is not included in the county road system. R.S.O. 1990, c. C.42, s. 44.

Restrictions

45. (1) The County Council has, with respect to all land lying within a distance of forty-five metres from any limit of a county road, all the powers conferred on the council of a local municipality by section 34 of the Planning Act.

Conflict with local by-laws

(2) In the event of conflict between a by-law passed under subsection (1) by the County Council and a by-law passed under section 34 of the Planning Act or a predecessor of that section by the council of a local municipality that is in force in the area municipality in which the land is situate, the by-law passed by the County Council prevails to the extent of the conflict. R.S.O. 1990, c. C.42, s. 45.

Controlled-access roads

46. (1) The County Council may by by-law designate any road in the county road system, or any portion thereof, as a controlled-access road.

Closing municipal roads

(2) Subject to the approval of the Municipal Board, the County Council may by by-law close any municipal road that intersects or runs into a county controlled-access road.

Notice of application for approval for closing road

(3) The Municipal Board may direct that notice of any application for approval of the closing of a road under this section shall be given at such time, in such manner and to such persons as the Municipal Board may determine, and may further direct that particulars of objections to the closing shall be filed with the Municipal Board and the County within such time as the Municipal Board shall direct.

Order of O.M.B.

(4) Upon the hearing of the application for approval of the closing of a road, the Municipal Board may make such order as it considers proper refusing its approval or granting its approval upon such terms and conditions as it considers proper, and any order of the Municipal Board approving of the closing of a road may contain provisions,

(a) determining the portion or portions of the road that shall be closed;

(b) providing for the payment of the costs of any person appearing on the application and fixing the amount of the costs; and

(c) providing for the doing of such other acts as in the circumstances it considers proper.

Closing road

(5) Upon the approval of the Municipal Board being so obtained but subject to the order of the Municipal Board made on the application for the approval the County may do all such acts as may be necessary to close the road in respect of which the application is made.

Appeal

(6) The County, or any person including an area municipality, that has filed particulars of an objection may, with the leave of the Divisional Court, appeal to that court from any order made under subsection (4).

Time for appeal

(7) Application for leave to appeal shall be made within thirty days after the date of the determination or order of the Municipal Board subject to the rules of the court as to vacations.

Leave to appeal

(8) The leave may be granted on such terms as to the giving of security for costs and otherwise as the court may consider just.

Practice and procedure on appeal

(9) The practice and procedure as to the appeal and matters incidental thereto shall be in accordance with the rules of court and the decision of the Divisional Court is final.

Procedure

(10) Section 96 of the Ontario Municipal Board Act does not apply to an appeal under this section. R.S.O. 1990, c. C.42, s. 46.

Private roads, etc., opening upon county controlled-access road

47. The County Council may pass by-laws prohibiting or regulating the construction or use of any private road, entranceway, structure or facility as a means of access to a county controlled-access road. R.S.O. 1990, c. C.42, s. 47.

Notice

48. (1) The County may give notice to the owner of any land requiring the owner to close up any private road, entranceway, structure or facility constructed or used as a means of access to a county controlled-access road in contravention of a by-law passed under section 47.

Service of notice

(2) Every notice given under subsection (1) shall be in writing and shall be served personally or by registered mail, and in the case of service by registered mail shall be deemed to have been received on the fifth day following the mailing thereof.

Failure to comply with notice

(3) Where the person to whom notice is given under subsection (1) fails to comply with the notice within thirty days after its receipt, the County Council may by resolution direct any officer, employee or agent of the County to enter upon the land of such person and do or cause to be done whatever may be necessary to close up the private road, entranceway, structure or facility as required by the notice.

Offence

(4) Every person who fails to comply with a notice given under subsection (1) is guilty of an offence.

Compensation

(5) Where a notice given under subsection (1) has been complied with, no compensation is payable to the owner of the land unless the private road, entranceway, structure or facility constructed or used as a means of access to a controlled-access road designated under subsection 46 (1) was constructed or used, as the case may be,

(a) before the day on which the by-law designating the road as a controlled-access road became effective; or

(b) in compliance with a by-law passed under section 47, in which case the making of compensation is subject to any provisions of such by-law. R.S.O. 1990, c. C.42, s. 48.

County liability where road forms part of system

49. (1) Subject to subsection (2), no area municipality shall have any right to compensation or damages for any road forming part of the county road system.

Idem

(2) Where a road forms part of the county road system, the County shall thereafter pay to the area municipality before the due date all amounts of principal and interest becoming due upon any outstanding debt of the area municipality in respect of such road, but nothing in this subsection requires the County to pay that portion of the amounts of principal and interest that under the Local Improvement Act is payable as the owners’ share of a local improvement work.

Default

(3) Where the County fails to make any payment required by subsection (2), the area municipality may charge the County interest at the rate of 15 per cent per year thereon, or such lower rate as the council of the area municipality determines, from that date until payment is made.

Settling of doubts

(4) In the event of any doubt as to whether any outstanding debt or portion thereof is a debt in respect of the road forming part of the county road system, the Municipal Board, upon application, may determine the matter and its decision is final. R.S.O. 1990, c. C.42, s. 49.

Stopping-up highways

50. (1) Where an area municipality intends to stop up a highway or part of a highway, it shall so notify the County by registered mail or personal service. R.S.O. 1990, c. C.42, s. 50 (1); 1991, c. 15, s. 22 (1).

Agreement

(2) If the County objects to such stopping up, it shall notify the council of the area municipality by registered mail or personal service within sixty days of the receipt of the notice required under subsection (1) and the highway or part thereof shall not be stopped-up except by agreement between the area municipality and the County Council and failing agreement the Municipal Board, upon application, may determine the matter and its decision is final. R.S.O. 1990, c. C.42, s. 50 (2); 1991, c. 15, s. 22 (2).

County road superintendent

51. Section 46 of the Public Transportation and Highway Improvement Act does not apply to the County. R.S.O. 1990, c. C.42, s. 51; 1996, c. 33, s. 24.

Application

52. Sections 102, 104 and 107 of the Public Transportation and Highway Improvement Act apply with necessary modifications with respect to any road in the county road system. R.S.O. 1990, c. C.42, s. 52; 1996, c. 33, s. 25.

PART IV
MUNICIPAL HYDRO-ELECTRIC SERVICE

Definitions

53. In this Part,

“electrical service area” means an area supplied with retail power by a commission referred to in section 54; (“secteur de services d’électricité”)

“hydro-electric commission” means,

(a) a hydro-electric commission or public utility commission or public utilities commission entrusted with the control and management of works for the retail supply of power and continued or deemed to be continued under Part III of the Public Utilities Act, and

(b) a committee of the council of a municipality entrusted with the control and management of works for the retail supply of power on the 31st day of December, 1974; (“commission hydroélectrique”)

“power” means electrical power and includes electrical energy. (“électricité”) R.S.O. 1990, c. C.42, s. 53.

Commissions continued

54. (1) The hydro-electric commission for each of the City of Woodstock, the Town of Ingersoll, the Town of Tillsonburg, the Township of Blandford-Blenheim, the Township of East Zorra-Tavistock, the Township of Norwich, the Township of South-West Oxford and the Township of Zorra established by The Oxford Municipal Hydro-Electric Service Act, 1977 is continued and each commission shall be deemed to be a commission continued under Part III of the Public Utilities Act. R.S.O. 1990, c. C.42, s. 54 (1); 1998, c. 15, Sched. E, s. 6 (1).

Composition, Woodstock Public Utility Commission

(2) The commission for the City of Woodstock shall be known as the Woodstock Public Utility Commission in English and Commission de services publics de Woodstock in French and shall consist of the mayor of the City of Woodstock and four additional members who are qualified electors under the Municipal Elections Act in the City of Woodstock.

Idem, Ingersoll Public Utility Commission

(3) The commission for the Town of Ingersoll shall be known as the Ingersoll Public Utility Commission in English and Commission de services publics d’Ingersoll in French and shall consist of the mayor of the Town of Ingersoll and four additional members who are qualified electors under the Municipal Elections Act in the Town of Ingersoll.

Idem, Tillsonburg Public Utility Commission

(4) The commission for the Town of Tillsonburg shall be known as the Tillsonburg Public Utility Commission in English and Commission de services publics de Tillsonburg in French and shall consist of the mayor of the Town of Tillsonburg and four additional members who are qualified electors under the Municipal Elections Act in the Town of Tillsonburg.

Idem, Blandford-Blenheim Public Utility Commission

(5) The commission for the Township of Blandford-Blenheim shall be known as the Blandford-Blenheim Public Utility Commission in English and Commission de services publics de Blandford-Blenheim in French and shall consist of the mayor of the Township of Blandford-Blenheim and four additional members who are qualified electors under the Municipal Elections Act in the Township of Blandford-Blenheim,

(a) one of whom is a customer of the commission in the electrical service area commonly known as Drumbo;

(b) one of whom is a customer of the commission in the electrical service area commonly known as Plattsville;

(c) one of whom is a customer of the commission in the electrical service area commonly known as Princeton; and

(d) one of whom is a customer of the commission in one of the electrical service areas commonly known as Drumbo, Plattsville and Princeton.

Idem, East Zorra-Tavistock Public Utility Commission

(6) The commission for the Township of East Zorra-Tavistock shall be known as the East Zorra-Tavistock Public Utility Commission in English and Commission de services publics de East Zorra-Tavistock in French and shall consist of the mayor of the Township of East Zorra-Tavistock and two additional members who are qualified electors under the Municipal Elections Act in the Township of East Zorra-Tavistock and who are customers of the commission.

Idem, Norwich Public Utility Commission

(7) The commission for the Township of Norwich shall be known as the Norwich Public Utility Commission in English and Commission de services publics de Norwich in French and shall consist of the mayor of the Township of Norwich and four additional members who are qualified electors under the Municipal Elections Act in the Township of Norwich,

(a) one of whom is a customer of the commission in the electrical service area commonly known as Burgessville;

(b) two of whom are customers of the commission in the electrical service area commonly known as Norwich; and

(c) one of whom is a customer of the commission in the electrical service area commonly known as Otterville.

Idem, South-West Oxford Public Utility Commission

(8) The commission for the Township of South-West Oxford shall be known as the South-West Oxford Public Utility Commission in English and Commission de services publics de South-West Oxford in French and shall consist of the mayor of the Township of South-West Oxford and two additional members who are qualified electors under the Municipal Elections Act in the Township of South-West Oxford and who are customers of the commission.

Idem, Zorra Public Utility Commission

(9) The commission for the Township of Zorra shall be known as the Zorra Public Utility Commission in English and Commission de services publics de Zorra in French and shall consist of the mayor of the Township of Zorra and four additional members who are qualified electors under the Municipal Elections Act in the Township of Zorra,

(a) two of whom are customers of the commission in the electrical service area commonly known as Embro; and

(b) two of whom are customers of the commission in the electrical service area commonly known as Thamesford.

Additional members of commissions

(10) The additional members of each commission shall be elected by a general vote of the electors of the area municipality served by the commission, unless before the 1st day of July, 1978, the council of the area municipality has provided by by-law that the additional members shall be appointed by the council.

Eligibility of members of council

(11) Members of the council of an area municipality served by a commission may be appointed as members of the commission, but the members of the council shall not form a majority of the commission.

Term of office

(12) A member of a commission shall hold office for the same term as the members of council or until a successor is elected or appointed.

Delegates

(13) The council of an area municipality served by a commission may, by by-law passed with the written consent of the mayor, appoint a delegate from among the members of the council to represent the mayor on the commission.

Resignation

(14) A resignation from the council of a member of a council who is a member of a commission shall be deemed to be a resignation from both the commission and the council. R.S.O. 1990, c. C.42, s. 54 (2-14).

Powers of commissions

55. (1) Except as herein provided, all the powers, rights, authorities and privileges that are conferred by the Public Utilities Act on a municipal corporation with respect to power, shall be exercised on behalf of each area municipality by the commission established in respect of that area municipality and not by the council of any municipality or any other body. R.S.O. 1990, c. C.42, s. 55 (1).

(2) Repealed: R.S.O. 1990, c. C.42, s. 55 (2.2). See: 1998, c. 15, Sched. E, s. 6 (2).

(2.1) Repealed: R.S.O. 1990, c. C.42, s. 55 (2.2). See: 1998, c. 15, Sched. E, s. 6 (2).

(2.2) Spent: 1998, c. 15, Sched. E, s. 6 (2).

(3) Repealed: R.S.O. 1990, c. C.42, s. 55 (3.2). See: 1998, c. 15, Sched. E, s. 6 (3).

(3.1) Repealed: R.S.O. 1990, c. C.42, s. 55 (3.2). See: 1998, c. 15, Sched. E, s. 6 (3).

(3.2) Spent: 1998, c. 15, Sched. E, s. 6 (3).

(4) Repealed: 1998, c. 15, Sched. E, s. 6 (4).

(5) Repealed: R.S.O. 1990, c. C.42, s. 55 (5.2). See: 1998, c. 15, Sched. E, s. 6 (5).

(5.1) Repealed: R.S.O. 1990, c. C.42, s. 55 (5.2). See: 1998, c. 15, Sched. E, s. 6 (5).

(5.2) Spent: 1998, c. 15, Sched. E, s. 6 (5).

(6) Repealed: 1998, c. 15, Sched. E, s. 6 (6).

56. Repealed: 1998, c. 15, Sched. E, s. 6 (7).

Vesting of real property

57. (1) All real property transferred to the control and management of a commission under section 55 of the County of Oxford Act, being chapter 365 of the Revised Statutes of Ontario, 1980, or otherwise acquired by or for the commission, shall be vested in the area municipality served by the commission. R.S.O. 1990, c. C.42, s. 57 (1).

Disposition of real property

(2) Where a commission is of the opinion, and so declares by resolution, that any real property under its control and management is not required for its purposes, unless otherwise agreed upon by the commission and the area municipality served by the commission, the real property may be disposed of as follows:

1. In the event that the area municipality served by the commission wishes in good faith to retain the real property for a municipal purpose, it shall compensate the commission for the real property at its actual cost, less accrued depreciation as shown on the books of the commission or the assessed value of the real property, whichever is the greater and the area municipality may sell, lease or otherwise dispose of the real property and may retain the proceeds of the sale, lease or disposition as municipal funds.

2. In the event that the area municipality served by the commission does not wish to retain the real property in accordance with paragraph 1, the area municipality shall, as soon as practicable, sell, lease or otherwise dispose of the real property at fair market value on behalf of the municipality, and the net proceeds derived from the sale, lease or other disposition of the real property or the compensation paid therefor pursuant to this subsection shall be paid over to the commission and shall be applied in accordance with the Public Utilities Act. R.S.O. 1990, c. C.42, s. 57 (2); 1998, c. 15, Sched. E, s. 6 (8).

Borrowing

58. Except as otherwise provided in this Act, sections 88 to 112 apply, with necessary modifications, to any borrowing for the purposes of a commission. R.S.O. 1990, c. C.42, s. 58.

PART V
PLANNING

Powers of County Council

59. (1) The County Council may exercise all the powers, including the powers of a local municipality, under the Planning Act and no area municipality shall, except as provided in subsections (2), (3), (3.1) and (4), exercise any powers under the Planning Act. R.S.O. 1990, c. C.42, s. 59 (1); 1997, c. 24, s. 225 (1).

Committee of adjustment

(2) The council of each area municipality is deemed to be a committee of adjustment under the Planning Act. R.S.O. 1990, c. C.42, s. 59 (2).

Powers of area municipality councils

(3) The council of an area municipality may exercise the powers provided in section 28, except subsection (11) thereof, sections 29, 30, 32, 33, 34, 36, 37, 38, 39, 40, 41, 42, 46 and 69 of the Planning Act, but in the event that there is a conflict between a by-law passed by the County Council and a by-law passed by the council of an area municipality in the exercise of such powers, the by-law passed by the County Council shall prevail. R.S.O. 1990, c. C.42, s. 59 (3); 1997, c. 24, s. 225 (2).

Same

(3.1) The council of an area municipality may exercise the powers provided in sections 15.1 to 15.8 inclusive of the Building Code Act, 1992, but in the event that there is a conflict between a by-law passed by the County Council and a by-law passed by the council of an area municipality in the exercise of such powers, the by-law passed by the County Council shall prevail. 1997, c. 24, s. 225 (3).

Powers of County Council

(4) The County Council may exercise any of the powers set out in paragraphs 164 to 176 of section 210 of the Municipal Act, and in the event that there is a conflict between a by-law passed by the County Council and a by-law passed by the council of an area municipality in the exercise of such powers, the by-law passed by the County Council shall prevail.

Subdivision agreements

(5) The County Council may delegate to the council of an area municipality any of its powers in respect of subdivision agreements.

Official plan continued

(6) All official plans in effect in the County on the 31st day of December, 1974 are deemed to be the official plans of the County until such time as they are repealed in whole or in part.

Appointment of land division committee

(7) Subsection 54 (1) of the Planning Act has no application to the County and the County Council may be or may constitute and appoint a land division committee for the purposes of giving consents under the Planning Act. R.S.O. 1990, c. C.42, s. 59 (4-7).

Official plan for County

60. The County Council shall continue to maintain in force with such amendments or revisions as it deems appropriate, an official plan for the County. R.S.O. 1990, c. C.42, s. 60.

PART VI
HEALTH AND WELFARE SERVICES

Liability for hospitalization of indigents

61. The County shall be deemed to be a city for all the purposes of the provisions of the Public Hospitals Act and the Private Hospitals Act respecting hospitalization and burial of indigent persons and their dependants and no area municipality has any liability under such provisions. R.S.O. 1990, c. C.42, s. 61.

Health unit continued

62. The health unit serving the County is continued under the name of the Oxford County Board of Health. R.S.O. 1990, c. C.42, s. 62.

Boundaries fixed

63. Despite any other Act, the boundaries of the health unit shall not be altered except by order of the Minister of Health. R.S.O. 1990, c. C.42, s. 63.

Constitution of health board

64. (1) The Oxford County Board of Health shall be composed of,

(a) not more than seven members of the County Council appointed by the County Council; and

(b) not more than three persons appointed by the Lieutenant Governor in Council upon the recommendation of the Minister of Health.

Expenses of board

(2) Despite any other Act, the expenses incurred by the Oxford County Board of Health in establishing and maintaining the health unit and performing its functions under the Health Protection and Promotion Act or any other Act shall be accounted for, borne and paid by the County. R.S.O. 1990, c. C.42, s. 64.

County deemed city

65. (1) For the purposes of the following Acts, the County shall be deemed to be a city and no area municipality shall be deemed to be a municipality:

1. Anatomy Act.

2. Mental Hospitals Act.

3. War Veterans Burial Act.

County responsibility

(2) For the purposes of the following Acts, no area municipality shall be deemed to be a municipality and the County shall have sole responsibility as a county for all matters provided for in such Acts.

1. Day Nurseries Act.

2. General Welfare Assistance Act.

3. Homemakers and Nurses Services Act. R.S.O. 1990, c. C.42, s. 65.

Liability for homes for aged

66. (1) No area municipality has any authority to establish, erect and maintain a home for the aged under the Homes for the Aged and Rest Homes Act.

Levy

(2) The costs of operating and maintaining Woodingford Lodge shall form part of the levy under section 80. R.S.O. 1990, c. C.42, s. 66.

Residents of other homes for aged

67. (1) The County shall pay to the committee or board of management of any home for the aged located outside the County the cost of support in such home of every resident of such home who was admitted thereto due to residence in any area that becomes part of an area municipality.

Amount of support payment

(2) The amount payable by the County under subsection (1) shall be such as may be agreed upon or, failing agreement, as may be determined by the Municipal Board. R.S.O. 1990, c. C.42, s. 67.

Area municipality not deemed municipality

68. No area municipality shall be deemed to be a municipality for the purposes of the Child and Family Services Act. R.S.O. 1990, c. C.42, s. 68.

Information

69. Every area municipality and every officer or employee thereof shall, at the request of the officers of the County who are responsible for the administration of the Acts referred to in this Part, furnish forthwith to such officers any information they may require for the purposes of this Act. R.S.O. 1990, c. C.42, s. 69.

Adjustments

70. In the event that there is any doubt as to whether the County is liable under this Part in respect of the liabilities imposed herein, the matter may be settled by agreement between the municipalities concerned or, failing agreement, may be determined by the Municipal Board. R.S.O. 1990, c. C.42, s. 70.

Powers re facilities

71. (1) The County may grant aid to and may enter into an agreement with a corporation described in subsection (2) that operates or intends to operate a facility that is or will be governed by the Developmental Services Act, with respect to the construction, operation or maintenance of the facility. 2001, c. 13, s. 12.

Same

(2) Subsection (1) applies to a corporation without share capital having objects of a charitable nature,

(a) to which Part III of the Corporations Act applies; or

(b) that is incorporated under a general or special Act of the Parliament of Canada. 2001, c. 13, s. 12.

PART VII
POLICE

Police jurisdiction

72. Each police force within the County shall continue to have jurisdiction in the area in which each police force had jurisdiction on the 31st day of December, 1974. R.S.O. 1990, c. C.42, s. 72.

Area rating

73. In any area municipality in which a police force has jurisdiction and does not provide police service to the entire area municipality, the council of such area municipality shall be entitled to establish a police area to which the costs of policing shall be charged. R.S.O. 1990, c. C.42, s. 73.

Policing services reviewed

74. Despite the provisions of sections 72 and 73, the County Council may make application to the Minister for a review of the policing services being provided in the County. R.S.O. 1990, c. C.42, s. 74.

PART VIII
COUNTY WATERWORKS SYSTEM

County to be sole distributor of water

75. (1) The County shall have the sole responsibility for the supply and distribution of water and the financing thereof in the County and all the provisions of any general Act relating to the supply and distribution of water and the financing thereof, by a municipal corporation or a local board thereof and all of the provisions of any special Act relating to the supply and distribution of water and the financing thereof by an area municipality or a local board thereof, including the Local Improvement Act, apply with necessary modifications to the County, except the power to establish a public utilities commission.

No area municipality to distribute water

(2) No area municipality shall have or exercise any powers under any Act for the supply and distribution of water, including the financing thereof, except as provided in subsection (7).

Vesting of water supply facilities

(3) All waterworks, supply systems, meters, mechanical equipment and all real and personal property of any nature whatsoever used solely or primarily for the purposes of the supply and distribution of water and all other assets, liabilities and surpluses or deficits, including reserves, of the local municipalities relating to any facility for the supply and distribution of water in the County or for any area municipality are vested in the County effective the 1st day of January, 1975, and no compensation or damages shall be payable to any area municipality in respect thereof.

County liability

(4) The County shall pay to the corporation of any area municipality before the due date all amounts of principal and interest becoming due upon any outstanding debt of such area municipality in respect of the property assumed by the County under subsection (3), but nothing in this subsection requires the County to pay that portion of the amounts of principal and interest that under the Local Improvement Act is payable as the owners’ share of a local improvement work.

Default

(5) If the County fails to make any payment as required by subsection (4), the area municipality may charge the County interest at the rate of 15 per cent per year thereon, or such lower rate as the council of the area municipality determines, from such date until payment is made.

Water supply agreements

(6) With respect to any agreements entered into or matters commenced by any municipality or local board thereof in the County respecting the supply and distribution of water and the financing thereof, the County shall, on the 1st day of January, 1975, stand in the place and stead of such municipality or local board for all purposes of any such agreement or matter.

Idem

(7) The County is entitled to enter into agreements with any person, area municipality or local board thereof with respect to any of the matters provided for in this Part, and in such event the person, area municipality or local board thereof has authority to enter into such agreements. R.S.O. 1990, c. C.42, s. 75.

PART IX
COUNTY SEWAGE WORKS

County responsible for sanitary sewage

76. (1) The County shall have the sole responsibility for the collection and disposal of all sewage including the financing thereof, except as provided for in subsection (7), in the County and all of the provisions of any general Act relating to the collection and disposal of such sewage and the financing thereof by a municipal corporation or a local board thereof and all of the provisions of any special Act relating to the collection and disposal of such sewage and the financing thereof, by an area municipality or a local board thereof including the Local Improvement Act apply with necessary modifications to the County, except the power to establish a public utilities commission.

No area municipality to collect sanitary sewage

(2) No area municipality shall have or exercise any powers under any Act for the collection and disposal of sewage and financing thereof, except as provided in subsections (7) and (9).

Vesting of sanitary sewage facilities

(3) All sewage works, sewer systems and treatment works, including buildings, structures, plant, machinery, equipment, devices, intakes and outfalls or outlets, or other works designed for the interception, collection, settling, treating, dispersing, disposing or discharging of sewage, except as provided in subsection (7), and all real and personal property of any nature whatsoever used solely or primarily for the purpose of the collection and disposal of such sewage in the County by any area municipality is vested in the County on the 1st day of January, 1975, and no compensation or damages shall be payable to any area municipality in respect thereof.

County liability

(4) The County shall pay to the corporation of any area municipality before the due date all amounts of principal and interest becoming due upon any outstanding debt of such area municipality in respect of the property assumed by the County under subsection (3), but nothing in this subsection requires the County to pay that portion of the amounts of principal and interest that under the Local Improvement Act is payable as the owners’ share of the local improvement work.

Default

(5) If the County fails to make any payment as required by subsection (4), the area municipality may charge the County interest at the rate of 15 per cent per year thereon, or such lower rate as the council of the area municipality determines, from such date until payment is made.

Agreements

(6) With respect to any agreements entered into or matters commenced by any municipality or local board thereof in the County respecting the interception, collecting, settling, treating, dispersing, disposing or discharging of sewage, including the financing thereof, except as provided for in subsection (7), the County Council shall stand in the place and stead of such municipality or local board for all purposes of any such agreement or matter.

Land drainage

(7) The County shall be responsible for undertaking the land drainage system including storm sewers with respect to county roads and any surrounding lands which naturally drain into such land drainage system and may undertake a land drainage program including storm sewers in any part of the County as the County Council deems necessary and the area municipalities shall be responsible for all other land drainage systems, including storm sewers, within their respective boundaries.

Assumption of area municipal land drainage systems

(8) Where the County undertakes a program provided for in subsection (7), the County may assume all or any portion of the land drainage system, including storm sewers, of an area municipality, without compensation, and subsections (4) and (5) shall apply thereto, with necessary modifications.

Idem

(9) The County is entitled to enter into agreements with any person, area municipality or local board thereof with respect to any of the matters provided for in this Part, and in such event the person, area municipality or local board thereof has authority to enter into such agreements. R.S.O. 1990, c. C.42, s. 76.

PART X
FINANCES

77. Repealed: 1997, c. 5, s. 65 (1).

Investment of money

78. (1) Sections 167.1 and 167.3 of the Municipal Act apply to the County with necessary modifications. 1996, c. 32, s. 67 (6).

County deemed municipality

(2) The County shall be deemed to be a municipality for the purposes of section 34 of the Credit Unions and Caisses Populaires Act, 1994. R.S.O. 1990, c. C.42, s. 78 (2); 1994, c. 11, s. 385.

79.-84. Repealed: 1997, c. 5, s. 65 (2).

84.1-84.14 Repealed: 1997, c. 5, s. 65 (2).

Reserve Funds

Reserve funds of municipalities

85. (1) Reserve funds established by local municipalities for purposes for which the County has authority to spend funds and for which the council of an area municipality has no authority to spend funds are reserve funds of the County and the assets of the reserve funds are vested in the County.

Idem

(2) Reserve funds established by local municipalities, other than divided municipalities, for purposes for which the councils of area municipalities have authority to spend funds and for which the County has no authority to spend funds are reserve funds of the area municipality of which the local municipality forms a part and the assets of the reserve funds are vested in the area municipality. R.S.O. 1990, c. C.42, s. 85.

Reserve fund

86. (1) The County Council may in each year provide in the estimates for the establishment or maintenance of a reserve fund for any purpose for which it has authority to spend funds. R.S.O. 1990, c. C.42, s. 86 (1).

Investments and income

(2) The money raised for a reserve fund shall be paid into a special account, and may be invested only in securities in which the County is permitted to invest under section 167 of the Municipal Act.

Same

(2.1) The earnings derived from investment of the reserve fund form part of it. 1996, c. 32, s. 67 (7).

Application of funds

(3) The money raised for a reserve fund established under subsection (1) shall not be expended, pledged or applied to any purpose other than that for which the fund was established, unless approved by the County Council.

Auditor’s report

(4) The auditor in the auditor’s annual report shall report on the activities and position of each reserve fund established under subsection (1). R.S.O. 1990, c. C.42, s. 86 (3, 4).

Temporary Loans

Current borrowings

87. (1) The County Council may by by-law, either before or after the passing of by-laws for imposing levies on the area municipalities for the current year, authorize the warden and treasurer to borrow from time to time by way of promissory note or bankers’ acceptance such sums as the County Council considers necessary to meet, until the levies and other revenues are received, the current expenditures of the County for the year, including the amounts required for principal and interest falling due within the year upon any debt of the County and the sums required by law to be provided by the County Council for any local board of the County. R.S.O. 1990, c. C.42, s. 87 (1).

Limit upon borrowings

(2) The amount that may be borrowed at any one time for the purposes mentioned in subsection (1), together with borrowings that have not been repaid, shall not, except with the approval of the Municipal Board, exceed from January 1st to September 30th of the year, 50 per cent and from October 1st to December 31st, 25 per cent of the total amount of the estimated revenues of the County as set forth in the estimates adopted for the year. R.S.O. 1990, c. C.42, s. 87 (2); 1992, c. 15, s. 60 (1).

Temporary application of estimates of previous year

(3) Until such estimates are adopted, the limitation upon borrowing prescribed by subsection (2) shall temporarily be calculated upon the estimated revenues of the County as set forth in the estimates adopted for the next preceding year. R.S.O. 1990, c. C.42, s. 87 (3).

Exclusion

(3.1) For the purposes of subsections (2) and (3), estimated revenues do not include revenues derivable or derived from,

(a) borrowings or issues of debentures;

(b) a surplus, including arrears of levies; or

(c) a transfer from reserve funds or reserves. 1992, c. 15, s. 60 (2).

Protection of lender

(4) The lender is not bound to establish the necessity of borrowing the sum lent or to see to its application.

Execution of borrowing instruments

(5) A promissory note or bankers’ acceptance made under the authority of this section shall be signed by the warden or by some other person authorized by by-law to sign it and by the treasurer. R.S.O. 1990, c. C.42, s. 87 (4, 5).

Same

(6) The signature of the warden or any other person authorized to sign promissory notes or bankers’ acceptances may be printed, engraved, lithographed or otherwise mechanically reproduced. 1996, c. 32, s. 67 (11).

Creation of charge

(7) The County Council may by by-law provide or authorize the warden and treasurer to provide by agreement that all or any sums borrowed for any or all of the purposes mentioned in this section shall, with interest thereon, be a charge upon the whole or any part or parts of the revenues of the County for the current year and for any preceding years as and when the revenues are received, provided that the charge does not defeat or affect and is subject to any prior charge then subsisting in favour of any other lender.

Execution of agreements

(8) Any agreement entered into under subsection (7) shall be signed by the warden and treasurer.

Penalties for excess borrowings

(9) If the County Council authorizes the borrowing of or borrows any larger amount than is permitted under this section, every member who knowingly votes therefor is disqualified from holding any municipal office for two years.

Penalty for misapplication of revenues by County Council

(10) If the County Council authorizes the application of any revenues of the County charged under the authority of this section otherwise than in repayment of the loan secured by the charge, the members who knowingly vote for the application are personally liable for the amount so applied, which may be recovered in any court of competent jurisdiction.

Penalty for misapplication of revenues by officials

(11) If any member of the County Council or officer of the County knowingly applies any revenues so charged otherwise than in repayment of the loan secured by the charge, he or she is personally liable for the amount so applied, which may be recovered in any court of competent jurisdiction.

Saving as to penalties

(12) Subsections (9), (10) and (11) do not apply to the County Council or any member of the County Council or officer of the County acting under an order or direction issued or made under the authority of the Municipal Affairs Act, nor do they apply in any case where application of the revenues of the County is made with the consent of the lender in whose favour a charge exists.

Deeming provision

(13) For the purposes of this section, where the County raises money by means of a bankers’ acceptance, the County shall be deemed to be borrowing money.

Bankers’ acceptance

(14) A bankers’ acceptance authorized under this section,

(a) shall be drawn as a bill of exchange under the Bills of Exchange Act (Canada);

(b) shall be accepted by a bank to which the Bank Act (Canada) applies; and

(c) may be discounted.

Interest on promissory note

(15) A promissory note authorized under this section may be expressed so as to bear interest only upon such money as may be borrowed thereon from the time when such money is actually lent. R.S.O. 1990, c. C.42, s. 87 (7-15).

Debt

Debt

88. (1) The County may borrow money or incur a debt for municipal purposes and may issue debentures for the money borrowed or for the debt.

Municipal purposes

(1.1) In subsection (1),

“municipal purposes” means all the following purposes, under this or any other Act:

1. The purposes of the County.

2. The purposes of an area municipality.

3. The joint purposes of two or more area municipalities.

Limitations

(1.2) Subsection (1) is subject to the limitations in this or any other Act. 1996, c. 32, s. 67 (12).

Liability

(2) All debentures issued pursuant to a by-law passed by the County Council under the authority of this Act are direct, joint and several obligations of the County and the area municipalities despite the fact that the whole or any portion of the rates imposed for the payment thereof may have been levied only against one or more of the area municipalities, but nothing in this subsection affects the rights of the County and of the area municipalities respectively as among themselves.

Limitation

(3) Despite any general or special Act, no area municipality has power to issue debentures. R.S.O. 1990, c. C.42, s. 88 (2, 3).

(4) Repealed: 1998, c. 18, Sched. B, s. 4.

Temporary borrowing

89. (1) Where the County has entered into an agreement under the Ontario Water Resources Act whereby the County is entitled to receive money from the Crown, the County Council pending the receipt of such money may, in order to meet expenditures incurred in carrying out the agreement, agree with a bank or a person for temporary advances from time to time.

Application of proceeds

(2) The proceeds of every advance under this section shall be applied to the expenditures incurred in carrying out the agreement made by the County under the Ontario Water Resources Act, but the lender shall not be bound to see to the application of the proceeds and, when the County has received the money to which it is entitled from the Crown under the agreement, the money shall be applied first in repayment of the advances. R.S.O. 1990, c. C.42, s. 89.

90. Repealed: 1996, c. 32, s. 67 (13).

Concurrence of specified number of members of area council

91. If, under any general or special Act, an area municipality cannot incur a debt or issue debentures for a particular purpose without the concurrence of a specified number of the members of its council, the County Council shall not pass a by-law authorizing the issue of debentures on behalf of the area municipality for that purpose unless that concurrence has been obtained to the passing of the County by-law. 1996, c. 32, s. 67 (14).

Borrowing pending issue and sale of debentures

92. (1) When the County has authorized the borrowing of money and the issue of debentures for its purposes, the County Council pending the issue and sale of the debentures may agree with a bank or person for temporary advances from time to time for the purposes authorized, and may by by-law pending the sale of such debentures or in lieu of selling them authorize the warden and treasurer to raise money by way of loan on the debentures and to hypothecate them for the loan. R.S.O. 1990, c. C.42, s. 92 (1); 1992, c. 15, s. 62 (1).

Idem

(2) When the County has authorized the borrowing of money and the issue of debentures for the purposes of an area municipality, the County Council or the council of the area municipality pending the issue and sale of the debentures may, and the County Council on the request of the area municipality shall, agree with a bank or person for temporary advances from time to time for the purposes authorized, and the County Council may, or on the request of the area municipality shall, pending the sale of the debentures or in lieu of selling them, authorize the warden and treasurer to raise money by way of loan on the debentures and to hypothecate them for the loan, and shall transfer the proceeds of the advance or loan to the area municipality. R.S.O. 1990, c. C.42, s. 92 (2); 1992, c. 15, s. 62 (2).

Interest on proceeds transferred

(3) The County may charge interest on any proceeds of an advance or loan transferred under subsection (2) at a rate sufficient to reimburse it for the cost of the advance or loan.

Application of proceeds of loan

(4) The proceeds of every advance or loan under this section shall be applied to the purposes for which the debentures were authorized, but the lender shall not be bound to see to the application of the proceeds and, if the debentures are subsequently sold, the proceeds of the sale shall be applied first in repayment of the loan and, where the debentures were issued for the purposes of an area municipality, the balance, subject to section 106, shall be transferred to the area municipality.

Hypothecation not to prevent subsequent sale of debentures

(5) Subject to subsection (4), the redemption of a debenture hypothecated does not prevent the subsequent sale thereof. R.S.O. 1990, c. C.42, s. 92 (3-5).

Signatures

(6) The signature of the warden or any other person authorized to sign loan agreements may be printed, engraved, lithographed or otherwise mechanically reproduced. 1996, c. 32, s. 67 (15).

Principal and interest payments

93. (1) Subject to subsection (2), a money by-law for the issuing of debentures shall provide that the principal shall be repaid in annual instalments with interest payable in one or more instalments in each year, and the by-law may provide for annual instalments of combined principal and interest. R.S.O. 1990, c. C.42, s. 93 (1); 1996, c. 32, s. 67 (16).

Sinking fund debentures

(2) A money by-law for the issuing of debentures may provide that the principal shall be repaid at a fixed date with interest payable in one or more instalments in each year, in which case debentures issued under the by-law shall be known as sinking fund debentures. R.S.O. 1990, c. C.42, s. 93 (2); 1996, c. 32, s. 67 (17).

When debentures payable

(3) The whole debt and the debentures to be issued therefor shall be made payable within a term not to exceed the lifetime of the undertaking up to a maximum of forty years. 1992, c. 15, s. 63 (1).

Special levy against area municipalities

(4) The by-law may provide for raising in each year, by special levy or levies against one or more area municipalities, the whole or specified portions of the sums of principal and interest payable under the by-law in the year, and each area municipality shall pay to the County such sums at the times and in the amounts specified in the by-law.

General levy

(5) The by-law shall provide for raising in each year, by a special levy on all the area municipalities, the sums of principal and interest payable under the by-law in the year to the extent that the sums have not been provided for by any special levy or levies against any area municipality or municipalities made especially liable therefor by the by-law.

Levy by area municipalities

(6) Any special levy against an area municipality imposed by the by-law under the authority of subsection (4) may be levied by the area municipality against persons or property in the same manner and subject to the same limitations as if it were passing a by-law authorizing the issue of debentures of the area municipality for the same purpose for the portion of the debt levied against it under subsection (4). R.S.O. 1990, c. C.42, s. 93 (4-6).

Instalment debentures and debentures to refund existing debentures at maturity

(7) Despite subsection (5), the County Council may by by-law,

(a) authorize the borrowing of money by the issue of instalment debentures, the last instalment of which shall mature not earlier than five years after the date upon which they are issued, and a specified sum of principal payable thereunder in the final year shall be raised by the issue of refunding debentures as provided in clause (b), and it shall not be necessary to raise by special rate in the year of maturity of the debentures to be refunded an amount equal to the specified principal amount of the debentures which are being refunded; and

(b) authorize the issue of debentures to refund at maturity outstanding debentures of the municipality, but the refunding debentures shall be payable within the maximum period of years that was authorized by the County for the repayment of the debt for which debentures were issued, commencing on the date the original debentures were issued,

and the by-law shall provide that the sums of principal and interest payable under the by-law shall be raised by a special levy or levies against the area municipality or municipalities as may be specified in the by-law and the levy shall be levied against the same area municipality or municipalities in each case. R.S.O. 1990, c. C.42, s. 93 (7); 1992, c. 15, s. 63 (2); 1996, c. 32, s. 67 (18).

Levy

(8) Any special levy against an area municipality imposed by the by-law under the authority of subsection (7) may be levied by the area municipality against persons or property in the same manner and subject to the same limitations as if it were passing a by-law authorizing the issue of debentures of the area municipality for the same purpose for the portion of the debt levied against it under subsection (7), and any levy imposed by a by-law under clause (7) (b) shall be levied by the area municipality against the same persons or property as the levy imposed by the related by-law under clause (7) (a) was levied.

Levies a debt

(9) All levies imposed by the by-law against an area municipality are a debt of the area municipality to the County.

By-law to change mode of issuing debentures

(10) The County Council may by by-law authorize a change in the mode of issue of the debentures and may provide that the debentures be issued with coupons instead of in amounts of combined principal and interest or vice versa, and where any debentures issued under the by-law have been sold, pledged or hypothecated by the County Council upon again acquiring them or at the request of any holder of them, may cancel them and issue one or more debentures in substitution for them, and make such new debenture or debentures payable by the same or a different mode on the instalment plan, but no change shall be made in the amount payable in each year. R.S.O. 1990, c. C.42, s. 93 (8-10).

Dating and issuing of debentures

(11) A by-law for the issuing of debentures may provide for issuing them,

(a) on any date specified in the by-law; or

(b) in sets in the amounts and on the dates required.

Same

(12) Subject to subsection (13), debentures may bear any date or dates specified in the issuing by-law, including a date before the by-law is passed if the by-law provides for the first levy being made in the year in which the debentures are dated or in the next year.

Same

(13) Every debenture in a set or issue of debentures shall bear the same date.

Extension of time for issue

(14) The County Council may by by-law extend the date for an issue of debentures or sets of them.

Effective date of by-law

(15) A by-law passed under this section comes into force on the day it is passed, unless a later date is specified in the by-law. 1996, c. 32, s. 67 (19).

(16) Repealed: 1996, c. 32, s. 67 (19).

Consolidation

(17) Despite any general or special Act, the County Council may borrow sums for two or more purposes in one debenture by-law and provide for the issue of one series of debentures therefor.

Consolidating debenture by-laws

(18) Section 143 of the Municipal Act applies with necessary modifications to the County. R.S.O. 1990, c. C.42, s. 93 (17, 18).

Redemption before maturity

(19) The by-law may provide that all the debentures or a portion thereof shall be redeemable at the option of the County on any date prior to maturity, subject to the following provisions:

1. The by-law and every debenture that is so redeemable shall specify the place or places of payment and the amount at which the debenture may be so redeemed.

2. The principal of every debenture that is so redeemable becomes due and payable on the date set for the redemption thereof, and from and after that date interest ceases to accrue thereon where provision is duly made for the payment of principal thereof, the interest to the date set for redemption and any premium payable on redemption.

3. Notice of intention so to redeem shall be sent by prepaid mail at least thirty days prior to the date set for redemption to the person in whose name the debenture is registered at the address shown in the debenture registry.

4. At least thirty days prior to the date set for redemption notice of intention so to redeem shall be published in The Ontario Gazette and in a daily newspaper of general circulation in the County and in such other manner as the by-law may provide.

5. Where only a portion of the debentures issued under the by-law is so to be redeemed, the portion shall comprise only the debentures that have the latest maturity dates and no debentures issued under the by-law shall be called for redemption in priority to any debentures that have a later maturity date.

6. Where a debenture is redeemed on a date prior to maturity, the redemption does not affect the validity of any by-law by which special assessments are imposed or instalments thereof levied, the validity of the special assessments or levies, or the powers of the County Council to continue to levy and collect from any area municipality the subsequent payments of principal and interest payable by it to the County Council in respect of the debenture so redeemed. R.S.O. 1990, c. C.42, s. 93 (19); 1992, c. 15, s. 63 (3).

(20)Repealed: 1996, c. 32, s. 67 (20).

(21)Repealed: 1996, c. 32, s. 67 (20).

(22)Repealed: 1996, c. 32, s. 67 (20).

Principal levies

(23) When sinking fund debentures are issued, the amount of principal to be raised in each year shall be a specific amount that, with the estimated interest at a rate not exceeding 8 per cent per year, compounded annually, will be sufficient to pay the principal of the debentures at maturity. 1996, c. 32, s. 67 (21).

Consolidated bank accounts

(24) When sinking fund debentures are issued, the sinking fund committee shall keep one or more consolidated bank accounts in which,

(a) the treasurer of the County shall deposit each year during the term of the debentures the money raised for the sinking fund of all debts that are to be paid by means of sinking funds; and

(b) there shall be deposited all earnings derived from, and all proceeds of the sale, redemption or payment of, sinking fund investments. R.S.O. 1990, c. C.42, s. 93 (24).

Sinking fund committee

(25) When sinking fund debentures are issued, there shall be a sinking fund committee that shall be composed of the treasurer of the County and such other members appointed by the County Council as it considers appropriate, and the appointed members may be paid, out of the current fund of the County, such annual remuneration as the County Council determines. R.S.O. 1990, c. C.42, s. 93 (25); 1991, c. 15, s. 24 (1).

Alternate members

(26) The County Council may appoint an alternate member for each of the appointed members and any such alternate member has all the powers and duties of the member in the absence or inability to act of such member and any such alternate member may be paid, out of the current fund of the County, such remuneration as the County Council determines.

Chair

(27) The treasurer of the County shall be the chair and the treasurer of the sinking fund committee and in his or her absence the appointed members may appoint one of themselves as acting chair and treasurer.

Security

(28) Each member of the sinking fund committee shall, before entering into the duties of his office, give security for the faithful performance of his or her duties and for duly accounting for and paying over all money that come into his or her hands, in such amount as the auditor of the County shall determine, and in other respects the provisions of section 92 of the Municipal Act apply with respect to such security. R.S.O. 1990, c. C.42, s. 93 (26-28).

Quorum

(29) A majority of the members of the sinking fund committee is a quorum, and all investments and disposals of investments must be approved by a majority of all the members of the committee. R.S.O. 1990, c. C.42, s. 93 (29); 1991, c. 15, s. 24 (2).

Control of sinking fund assets

(30) All assets of the sinking fund, including all consolidated bank accounts, shall be under the sole control and management of the sinking fund committee.

Withdrawals from bank accounts

(31) All withdrawals from the consolidated bank accounts shall be authorized by the sinking fund committee, and all cheques on the consolidated bank accounts shall be signed by the chair or acting chair and one other member of the sinking fund committee.

Investments

(32) The sinking fund committee shall invest any money on deposit from time to time in the consolidated bank accounts and may at any time or times vary any investments. R.S.O. 1990, c. C.42, s. 93 (30-32).

Same

(33) The money in the consolidated bank accounts shall be invested in securities in which the County is permitted to invest under section 167 of the Municipal Act. 1996, c. 32, s. 67 (22).

(34)Repealed: 1996, c. 32, s. 67 (22).

(35)Repealed: 1996, c. 32, s. 67 (22).

Sinking fund accounts

(36) All sinking fund debentures issued on the same date, payable in the same currency, and maturing on the same date, although they are issued under one or more by-laws, shall be deemed one debt and be represented by one sinking fund account. R.S.O. 1990, c. C.42, s. 93 (36).

Earnings credited to sinking fund accounts

(37) That portion of the amount of all earnings in any year, on an accrual basis, from sinking fund investments obtained by,

(a) multiplying the amount of all the earnings by the amount of the compounded interest for that year under subsection (23) with respect to the principal raised up to and including that year for all sinking fund debentures represented by any sinking fund account; and

(b) dividing the product obtained under clause (a) by the amount of all compounded interest for that year under subsection (23) with respect to all principal raised up to and including that year for all outstanding sinking fund debentures,

shall be credited to the sinking fund account mentioned in clause (a). R.S.O. 1990, c. C.42, s. 93 (37); 1996, c. 32, s. 67 (26).

Sinking fund requirements

(38) The treasurer of the County shall prepare and lay before the County Council in each year, before the annual County levies are made, a statement showing the sums that the County Council will be required, by by-law, to raise for sinking funds in that year.

Offence

(39) If the treasurer of the County contravenes subsection (24) or (38), he or she is guilty of an offence.

Failure to levy

(40) If the County Council neglects in any year to levy the amount required to be raised for a sinking fund, each member of the County Council is disqualified from holding any municipal office for two years, unless he or she shows that he or she made reasonable efforts to procure the levying of such amount. R.S.O. 1990, c. C.42, s. 93 (38-40).

Where sinking fund account more than sufficient to pay debt

(41) Despite this or any other Act or by-law, if it appears at any time that the amount at the credit of a sinking fund account will, together with the estimated earnings to be credited to it under subsection (37) and the levy required by the by-law or by-laws that authorized the issue of the debentures represented by the sinking fund account, be more than sufficient to pay the principal of the debt when it matures, the County Council or the council of an area municipality may reduce the amount of money to be raised with respect to the debt. 1996, c. 32, s. 67 (27).

No diversion of sinking funds

(42) No money collected for the purpose of a sinking fund shall be applied towards paying any part of the current or other expenditure of the County or otherwise than is provided in this section. R.S.O. 1990, c. C.42, s. 93 (42).

Surplus

(43) When there is a surplus in a sinking fund account, the sinking fund committee may, with the approval of the County Council,

(a) use the surplus to increase the amount at the credit of another sinking fund account; or

(b) authorize the withdrawal of the surplus from the consolidated bank accounts, to be used for one or more of the purposes described in subsection (43.1).

Purposes

(43.1) The purposes referred to in clause (43) (b) are:

1. Retirement of unmatured debentures of the County or of an area municipality.

2. Reduction of the next annual levy on account of principal and interest payable with respect to debentures of the County or of an area municipality.

3. Reduction of the amount of debentures to be issued for capital expenditures for which the issue of debentures has been approved.

4. Transfer to the general fund of the County or of an area municipality.

Proportion

(43.2) The surplus shall be used under clause (43) (a) or (b) for the purposes of the County or an area municipality in the proportion that the amount of the contribution for the purposes of each bears to the total contributions to the sinking fund account in which the surplus arose. 1996, c. 32, s. 67 (28).

Deficit and surplus

(44) Even though sinking fund debentures have been issued for the purposes of one or more area municipalities, any deficit in the sinking fund account shall be provided by the County out of its current funds and any surplus in the sinking fund account shall be used as provided in subsection (43). R.S.O. 1990, c. C.42, s. 93 (44).

Application

(44.1) Subsections 144 (2.1) to (2.3) of the Municipal Act apply with necessary modifications to the County. 1992, c. 15, s. 63 (7).

Term debentures

(45) A money by-law may authorize the issue of debentures of which all or a portion shall be payable on a fixed date with interest payable in one or more instalments in each year, in which case the debentures shall be known as term debentures. R.S.O. 1990, c. C.42, s. 93 (45); 1992, c. 15, s. 63 (8); 1996, c. 32, s. 67 (29).

Amounts to be raised annually

(46) In respect of the term debentures, the by-law shall provide for raising,

(a) in each year of the currency of the term debentures a sum sufficient to pay the interest on the term debentures; and

(b) in each year of the currency of the term debentures in which no other debentures issued under the same by-law become due and payable, a specific amount to form a retirement fund for the term debentures which, with interest at a rate not to exceed 8 per cent per year compounded yearly, will be sufficient to pay the principal of the term debentures at maturity.

Retirement fund

(47) The retirement fund for the term debentures shall be administered by the sinking fund committee in all respects in the same manner as a sinking fund established under this section and the provisions of subsections (24) to (44) of this section with respect to a sinking fund shall apply with necessary modifications to the retirement fund.

All debentures rank equally

(48) Despite any general or special Act or any differences in date of issue or maturity, every debenture issued shall rank concurrently and equally in respect of payment of principal and interest thereon with all other debentures of the County, except as to the availability of any sinking funds applicable to any particular issue of debentures. R.S.O. 1990, c. C.42, s. 93 (46-48).

Debentures payable on a fixed date subject to the annual redemption by lot of a specified principal amount

94. Despite any other provision of this Act,

(a) a money by-law of the County Council may provide that all or a portion of the debentures to be issued thereunder shall be payable on a fixed date, subject to the obligation of the County to redeem by lot annually on each anniversary of the date of the debentures a specified principal amount of the debentures upon payment by the County of such principal amount plus accrued interest to the date of redemption and upon giving notice as provided in this section;

interest ceases to accrue on date set for redemption

(b) the principal amount of every debenture that is called for redemption shall become due and payable on the date set for the redemption thereof and, after that date, interest ceases to accrue thereon where provision is duly made by the County for the payment of the principal amount thereof;

debentures to be redeemed may be purchased

(c) the debentures to be redeemed on each anniversary of the date of the debentures shall be selected by lot by the treasurer of the County in such manner as may be prescribed by by-law of the County Council and when redeemed shall be cancelled and shall not be reissued, provided always that the principal amount of the debentures to be redeemed in any year may be reduced by the principal amount of any debentures purchased by the County, at a price or prices not exceeding the principal amount thereof, and surrendered for cancellation on the date fixed for redemption;

notice to redeem to be sent by mail

(d) notice of intention to redeem any debenture shall be sent by prepaid mail at least thirty days prior to the date set for redemption to the person, if any, in whose name the debenture may be registered at the address shown in the debenture registry;

notice to redeem to be published

(e) notice of intention to redeem any debenture shall be published at least thirty days prior to the date set for redemption in such manner as the by-law may provide;

where only portion of debentures payable on fixed date

(f) where only a portion of the debentures issued under a by-law is payable on a fixed date, the obligation of the County to redeem by lot annually a specified principal amount of debentures does not apply in any year in which an instalment of principal of the remaining debentures issued under such by-law becomes due and payable; and

annual amounts payable to be approximately equal

(g) the aggregate amounts of principal and interest, or the amounts of principal, payable in each year during the currency of debentures issued under this section shall be approximately equal. R.S.O. 1990, c. C.42, s. 94; 1992, c. 15, s. 64.

Debentures

95. Section 141 of the Municipal Act applies with necessary modifications to the County. R.S.O. 1990, c. C.42, s. 95.

Interest

96. (1) Subsection 149 (1) of the Municipal Act applies with necessary modifications to the County Council.

Hypothecation not a sale under this section

(2) For the purposes of this section, the hypothecation of debentures under section 92 shall not constitute a sale or other disposal thereof.

Consolidation of debentures

(3) The County Council may by one by-law authorized under subsection (1) amend two or more by-laws and provide for the issue of one series of new debentures in substitution and exchange for the debentures issued thereunder.

Special assessment and levies

(4) A by-law passed under this section does not affect the validity of any by-law by which special assessments are imposed or instalments thereof levied, the validity of such special assessments or levies, or the powers of the County Council to continue to levy and collect from any area municipality the subsequent payments of principal and interest payable by it to the County Council. R.S.O. 1990, c. C.42, s. 96.

Repeal of by-law when part only of money to be raised

97. (1) Where part only of a sum of money provided for by a by-law has been raised, the County Council may repeal the by-law as to any part of the residue, and as a proportionate part of the amounts to be raised annually. R.S.O. 1990, c. C.42, s. 97 (1).

Effective date

(2) The repealing by-law shall recite the facts on which it is founded, shall provide that it comes into force on December 31 in the year of its passing, and shall not affect any rates or levies due or penalties incurred before that day. 1996, c. 32, s. 67 (30).

Until debt paid certain by-laws cannot be repealed

98. (1) Subject to section 97, after a debt has been contracted under a by-law, the County Council shall not, until the debt and interest have been paid, repeal the by-law or any by-law appropriating, for the payment of the debt or the interest, the surplus income from any work or any interest therein, or money from any other source, and shall not apply to any other purpose any money of the County that has been directed to be applied to the payment.

Application of payments

(2) When the County, by or under the authority of this Act, pays to an area municipality any amount of principal and interest becoming due upon any outstanding debentures issued by the area municipality, neither the council of the area municipality nor any officer thereof shall apply any of the money so paid for any purpose other than the payment of the amounts of principal and interest so becoming due. R.S.O. 1990, c. C.42, s. 98.

Offence for neglect of officer to carry out by-law

99. Any officer of the County whose duty it is to carry into effect any of the provisions of a money by-law of the County who neglects or refuses to do so, under colour of a by-law illegally attempting to repeal or amend it, so as to diminish the amount to be raised annually under it, is guilty of an offence. R.S.O. 1990, c. C.42, s. 99.

Money by-laws may be registered

100. (1) Within four weeks after the passing of a money by-law, the clerk may register a duplicate original or a copy of it certified under his hand and the seal of the County in the appropriate land registry office.

Application to quash registered by-law, when to be made

(2) Subject to section 62 of the Ontario Municipal Board Act, every by-law registered in accordance with subsection (1), or before the sale or other disposition of the debentures issued under it, and the debentures are valid and binding, according to the terms thereof, and the by-law shall not be quashed, unless within one month after the registration in the case of by-laws passed under the Drainage Act or the Local Improvement Act, and in the case of other by-laws, within three months after the registration, an application or action to quash the by-law is made to or brought in a court of competent jurisdiction, and a certificate under the hand of the proper officer of the court and its seal, stating that the application has been made or action brought, is registered in the registry office within the period of three months or one month, as the case may be.

Time when by-law to be valid and binding

(3) After the expiration of the period prescribed by subsection (2), if no application or action to quash the by-law is made or brought, the by-law is valid and binding according to its terms.

Quashing part of by-law

(4) If an application or action to quash the by-law is made or brought within the period prescribed by subsection (2), but part only of the by-law is sought to be quashed, the remainder of it, if no application or action to quash it is made or brought within that period, is after the expiration of that period, valid and binding according to its terms.

Dismissal of application

(5) If the application or action is dismissed in whole or in part, a certificate of the dismissal may be registered, and after the dismissal and the expiration of the period prescribed by subsection (2), if it has not already expired, the by-law, or so much of it as is not quashed, is valid and binding according to its terms. R.S.O. 1990, c. C.42, s. 100 (1-5).

Illegal by-laws not validated

(6) Nothing in this section makes valid a by-law where it appears on the face of it that any of the provisions of subsection 93 (5) have not been substantially complied with. R.S.O. 1990, c. C.42, s. 100 (6); 1996, c. 32, s. 67 (31).

Failure to register

(7) Failure to register a by-law as prescribed by this section does not invalidate it. R.S.O. 1990, c. C.42, s. 100 (7).

Execution

101. (1) A debenture shall bear,

(a) the County’s seal; and

(b) the signatures of,

(i) the warden, or another person authorized to sign by a by-law of the County, and

(ii) the treasurer.

To whom payable

(2) A debenture may be made payable to bearer or to a named person or bearer.

Full amount recoverable

(3) The full amount of a debenture is recoverable even if it was negotiated at a discount by the County.

Mechanical reproduction of seal and signatures

(4) The seal and signatures referred to in this section may be printed, lithographed, engraved or otherwise mechanically reproduced.

Signature

(5) A debenture is sufficiently signed if,

(a) it bears the required signatures; and

(b) each person signing has authority to do so on the date he or she signs.

Interest coupons

(6) Interest coupons, each bearing the treasurer’s signature, may be attached to a debenture.

Application of subss. (4) and (5)

(7) Subsections (4) and (5) also apply to the execution of interest coupons. 1996, c. 32, s. 67 (32).

Debentures on which payment has been made for one year to be valid

102. Where the interest for one year or more on the debentures issued under a by-law and the principal of any debenture that has matured has been paid by the County, the by-law and the debentures issued under it are valid and binding upon the County. R.S.O. 1990, c. C.42, s. 102.

Mode of transfer

103. (1) Where a debenture contains or has endorsed upon it provisions to the following effect:

This debenture, or any interest therein, is not, after a certificate of ownership has been endorsed thereon by the treasurer of this Corporation (or other person authorized by by-law of this Corporation to endorse the certificate of ownership), transferable except by entry by the treasurer (or other person so authorized) in the debenture registry of the Corporation at the .............................

.................................................................

.................................................................

of ............................................................

the treasurer (or other persons so authorized), on the application of the owner of the debenture or of any interest in it, shall endorse upon the debenture a certificate of ownership and shall record in a debenture registry a copy of the certificate and of every certificate that is subsequently given, and shall also enter a memorandum of every transfer of the debenture. R.S.O. 1990, c. C.42, s. 103 (1); 1992, c. 15, s. 66 (1).

Requirements as to endorsing certificate of ownership

(2) A certificate of ownership shall not be endorsed on a debenture except by the written authority of the person last entered as the owner of it, or of the owner’s executors or administrators, or of the owner’s or the executors’ or administrators’ attorney, and, if the person last entered as owner of it is a corporation, the written authority of corporation, or its successors, which authority shall be retained and filed by the treasurer. R.S.O. 1990, c. C.42, s. 103 (2).

Transfer by entry in debenture registry

(3) After a certificate of ownership has been endorsed, the debenture, if it contains or has endorsed upon it a provision to the like effect of the provision contained in subsection (1), is transferable only by entry by the treasurer (or other authorized person) in the debenture registry as and when a transfer of the debenture is authorized by the then owner of it or his or her executors or administrators or his, her or their attorney and, if the then owner of it is a corporation, the written authority of the corporation, or its successors. R.S.O. 1990, c. C.42, s. 103 (3); 1992, c. 15, s. 66 (2).

Registration of debenture

(4) A debenture may be registered as to principal and interest, in which case the interest shall be paid by cheque or, if authorized in writing by the owner of the debenture, by electronic transfer and the debenture may be referred to as a fully registered debenture. 1992, c. 15, s. 66 (3).

Where debenture registry may be maintained outside Canada

(5) Where debentures are payable in a currency other than that of Canada, the County Council may provide that the debenture registry of the County in respect of such debentures be maintained outside Canada by a corporation or person other than the treasurer and may make such other provisions for the registration and transfer of such debentures as the County Council considers appropriate. R.S.O. 1990, c. C.42, s. 103 (5); 1992, c. 15, s. 66 (4).

Records storage

103.1 (1) The following records may be kept electronically or by using a magnetic medium:

1. Copies of certificates of ownership and original memoranda of debenture transfers under subsection 103 (1).

2. Names and addresses of the owners of registered debentures.

3. Particulars of the cancellation and destruction of debentures under subsection 105 (4) and the issuance of any new debentures in exchange.

Admissibility

(2) Any writing produced from an electronic or magnetic medium that represents the copy of a certificate of ownership kept under paragraph 1 of subsection (1) and that is in a readily understandable form is admissible in evidence to the same extent as a copy of the certificate under subsection 103 (1).

Idem

(3) If there is no original written record, any writing produced from an electronic or magnetic medium that is in a readily understandable form and that represents a memorandum of debenture transfer or the records kept under paragraph 2 or 3 of subsection (1) is admissible in evidence to the same extent as if it were an original written record. 1992, c. 15, s. 67.

Replacement of lost debentures

104. Where a debenture is defaced, lost or destroyed, the County Council may by by-law provide for the replacing of the debenture on the payment of such fee and on such terms as to evidence and indemnity as the by-law may provide. R.S.O. 1990, c. C.42, s. 104.

Exchange of debentures

105. (1) On request of the holder of any debenture issued by the County, the treasurer of the County may issue and deliver to the holder a new debenture or new debentures in exchange therefor for the same aggregate principal amount.

On request of sinking fund committee

(2) On the request of the sinking fund committee, the treasurer of the County may, as provided in this section, exchange debentures, heretofore or hereafter issued by the County.

New debenture of same force and effect as debenture surrendered

(3) Any new debenture mentioned in subsection (1) may be registered as to principal and interest but in all other respects shall be of the same force and effect as the debenture or debentures surrendered for exchange. R.S.O. 1990, c. C.42, s. 105 (1-3).

Duty of treasurer

(4) When a debenture is surrendered for exchange under subsection (2), the treasurer of the County shall,

(a) cancel and destroy it;

(b) certify the cancellation and destruction in the debenture registry; and

(c) enter in the debenture registry particulars of the new debenture or debentures issued in exchange. 1996, c. 32, s. 67 (33).

Application of proceeds of debentures

106. (1) The money received by the County from the sale or hypothecation of any debentures, to the extent that the money is required for the purposes for which the debentures were issued and for the repayment of any outstanding temporary loans with respect thereto, shall be used only for such purpose or purposes. R.S.O. 1990, c. C.42, s. 106 (1).

Idem

(2) None of the money received by the County from the sale or hypothecation of any debentures shall be applied towards payment of the current or other expenditures of the County or an area municipality. R.S.O. 1990, c. C.42, s. 106 (2).

Surplus

(3) Where on the sale of any debenture an amount is realized in excess of that required for the purpose or purposes for which the debentures were issued, the excess amount shall be applied,

(a) if any debentures are redeemable prior to maturity at the option of the County to redeem one or more of the debentures having the latest maturity date; or

(b) to reduce the next annual levy on account of principal and interest payable with respect to the debentures; or

(c) to reduce the amount of debentures to be issued for capital expenditures for which the issue of debentures has been approved by the County, provided that the principal and interest charges of the debentures are levied upon the assessment of the same class of ratepayers as was levied upon for the principal and interest charges of the debentures with respect to which the excess arose. R.S.O. 1990, c. C.42, s. 106 (3); 1992, c. 15, s. 69 (1); 1996, c. 32, s. 67 (34).

Deficiency

(4) Where on the sale of any debentures a deficiency in the amount required for the purpose or purposes for which the debentures were issued is sustained, the amount of the deficiency shall be added to the sum to be raised for the first annual payment of principal and interest with respect to the debentures and the levy made in the first year for such purpose or purposes shall be increased accordingly or shall be raised by the issue of other debentures for the same or any similar purpose or purposes. R.S.O. 1990, c. C.42, s. 106 (4); 1992, c. 15, s. 69 (2); 1996, c. 32, s. 67 (35).

Use of proceeds of sale of asset acquired from proceeds of sale of debentures

107. Where real or personal property acquired out of money received by the County from the sale or hypothecation of any debentures is disposed of by sale or otherwise, the net proceeds of the disposal shall be applied as an excess in accordance with subsection 106 (3) or may be applied to meet the whole or a portion of any capital expenditure the debt charges for which, if raised by taxation, would be raised by taxation levied upon the assessment of the same class of ratepayers as was levied upon for the principal and interest charges of the property disposed of or sold. R.S.O. 1990, c. C.42, s. 107; 1996, c. 32, s. 67 (36).

Tenders for debentures

108. When the County intends to borrow money on debentures under this or any other Act, the County Council may prior to the issue thereof call for tenders for the amount of money required and the person tendering shall specify the rate of interest the debentures shall bear when issued at par. R.S.O. 1990, c. C.42, s. 108.

Accounts, how to be kept

109. (1) The County Council shall,

(a) keep a separate account of every debenture debt;

(b) where the whole of a debenture debt is not payable in the current year, keep in respect thereof,

(i) an additional account for the interest, if any, and

(ii) an additional account for the sinking fund or the instalments of principal,

distinguished from all other accounts by a prefix designating the purpose for which the debenture debt was contracted; and

(c) keep the accounts so as to exhibit at all times the state of every debt, and the amount of money raised, obtained and appropriated for the payment of it.

Consolidated interest account

(2) The County Council may by by-law provide and direct that instead of a separate account of the interest upon every debt being kept, a consolidated account of the interest upon all debts may be kept, but which consolidated account shall be so kept that it will be possible to determine therefrom the true state of the interest account upon every debt and that provision has been made to meet the interest upon every debt. R.S.O. 1990, c. C.42, s. 109.

Application of surplus money

110. If, in any year after paying the interest and appropriating the necessary sum in payment of the instalments, there is a surplus properly applicable to the debt, it shall so remain until required in due course for the payment of interest or in payment of principal. R.S.O. 1990, c. C.42, s. 110.

Liability of members

111. (1) If the County Council applies any money raised for a special purpose or collected for a sinking fund in payment of current or other expenditures, the members who vote for the application are personally liable for the amount so applied, which may be recovered in any court of competent jurisdiction.

Action by ratepayer

(2) If the County Council, upon the request in writing of a ratepayer of any area municipality, refuses or neglects for one month to bring an action therefor, the action may be brought by any such ratepayer on behalf of the ratepayer and all other ratepayers in the County.

Disqualification

(3) The members who vote for the application are disqualified from holding any municipal office for two years. R.S.O. 1990, c. C.42, s. 111.

Refinancing of debentures

112. When, by or under the authority of this Act, the County is or becomes liable for the payment to an area municipality of all amounts of principal and interest becoming due upon any outstanding debentures issued by the area municipality, the County may,

(a) cancel all the debentures that have not been sold and issue new debentures of the County in substitution and exchange therefor and apply the proceeds for the purposes for which the debentures were issued;

(b) arrange with the area municipality for redemption of all the debentures as are redeemable and issue new debentures of the County to raise the money required for the redemption; and

(c) purchase, by agreement with the owner or owners thereof, all the debentures of a single issue of the area municipality, and issue new debentures of the Corporation to raise the money required to complete the purchase. R.S.O. 1990, c. C.42, s. 112; 1996, c. 32, s. 67 (37, 38).

PART XI
GENERAL

Special provisions

113. (1) Sections 5, 82, 83, 88, 90, 91, 92, 94, subsections 96 (1), (4), (5), sections 98, 103, subsection 104 (1), sections 105, 108, 111, 113, 114, 115, 116, 117, 120, 121, 126, subsection 163 (3), section 188, paragraphs 3, 10, 11, 12, 23, 24, 30, 45, 46, 47, 48, 49, 50, 51 and 55 of section 207, subparagraph iii of paragraph 69 and paragraph 135 of section 210, paragraph 10 of section 314 and Parts XIII, XIV, XV and XIX of the Municipal Act apply with necessary modifications to the County. R.S.O. 1990, c. C.42, s. 113 (1); 1991, c. 15, s. 25.

Exceptions

(2) Sections 10 and 11 of the Municipal Act do not apply to any area municipality.

Public transportation systems, refuse disposal, entertainment expenses, etc.

(3) The County shall be considered to be a local municipality for the purposes of paragraphs 104 and 135 of section 210 and section 257 of the Municipal Act.

Charity

(4) The County shall be deemed to be a municipal corporation for the purposes of section 9 of the Charities Accounting Act.

Purchasing or renting machinery

(5) The County shall be deemed to be, and to have always been, a municipality for the purposes of section 311 of the Municipal Act.

Delegation of approval

(6) Despite any other provision in this Act, the County may pass a by-law authorizing the head of the department concerned to grant the approval required by subsection 34 (2) and any such by-law may prescribe terms and conditions under which the approval or consent may be granted.

By-laws

(7) Every by-law of a local municipality as it existed on the 31st day of December, 1974, shall remain in force in the area of the former local municipality on and after the 1st day of January, 1975, and may be amended or repealed by the council of an area municipality as it affects the area municipality and where the by-law pertains to a function of the County it may be amended or repealed by the County Council.

Vesting of transportation assets in County

(8) In the event that the County establishes a transportation system in accordance with subsection (3), no area municipality shall operate a system and all the assets and liabilities of any area municipality used for a public transportation system vest in the County on the day the County transportation system is established, without compensation, and the County shall thereafter pay to the area municipality before the due date all amounts of principal and interest becoming due upon any outstanding debt of the area municipality in respect of the assets.

Default

(9) If the County fails to make any payment required by subsection (8), the area municipality may charge the County interest at the rate of 12 per cent per year thereon, or such lower rate as the council of the area municipality determines, from such date until payment is made.

Conservation Authority representation

(10) Despite section 4 of the Conservation Authorities Act, the County Council may appoint to the Upper Thames River Conservation Authority the same number of members as the local municipalities within the County were entitled to appoint in the year 1974. R.S.O. 1990, c. C.42, s. 113 (2-10).

Expenditures for diffusing information

114. (1) The County may make expenditures for the purpose of diffusing information respecting the advantages of the County as an industrial, business, educational, residential or vacation centre.

Industrial sites and publicity

(2) Paragraph 22 of section 207 and paragraph 57 of section 210 of the Municipal Act apply with necessary modifications to the County, and no area municipality shall exercise any such powers,

(a) save and except in respect of those lands acquired or held by a local municipality on or before the 31st day of December, 1974; or

(b) unless the by-law of the area municipality has been approved by the County Council. R.S.O. 1990, c. C.42, s. 114.

Payment of damages to employees

115. Where, in an action or by the settlement of a claim arising out of any injury to an employee or to any person considered an employee for the purposes of the insurance plan established under the Workplace Safety and Insurance Act, 1997, the County recovers damages from a third person, the damages or any portion thereof may be paid to the employee or person or, in the event of his or her death, to one or more of his or her dependants upon such terms and conditions as the County may impose. R.S.O. 1990, c. C.42, s. 115; 1997, c. 16, s. 3.

Investigation by judge of charges of malfeasance

116. (1) Where the County Council passes a resolution requesting a judge of the Ontario Court (General Division) to investigate any matter relating to a supposed malfeasance, breach of trust or other misconduct on the part of a member of the County Council, or an officer or employee of the County, or of any person having a contract with it, in regard to the duties or obligations of the member, officer, employee or other person to the County, or to inquire into or concerning any matter connected with the good government of the County or the conduct of any part of its public business, including any business conducted by a local board of the County, the judge shall make the inquiry and for that purpose has all the powers of a commission under Part II of the Public Inquiries Act, which Part applies to such inquiry as if it were an inquiry under that Act, and he or she shall, with all convenient speed, report to the County Council the result of the inquiry and the evidence taken.

Engaging counsel

(2) The County Council may engage and pay counsel to represent the County, and may pay all proper witness fees to persons summoned to give evidence at the instance of the County, and any person charged with malfeasance, breach of trust or other misconduct, or whose conduct is called in question on the investigation or inquiry, may be represented by counsel.

Idem

(3) The judge may engage counsel and such other assistants and staff and incur such incidental expenses as he or she considers advisable for the proper conduct of the investigation or inquiry, and the County shall pay the costs thereof. R.S.O. 1990, c. C.42, s. 116.

117. Repealed: 1996, c. 32, s. 67 (39).

Entry on highways

118. The County for its purposes may enter, break up, dig and trench in, upon and under the highways, lanes and other public communications of any area municipality and may construct and maintain therein pipes, sewers, drains, conduits and other works necessary for its purposes, without making compensation therefor, but all the highways, lanes and other public communications shall be restored to their original condition without unnecessary delay. R.S.O. 1990, c. C.42, s. 118.

Agreements re services

119. The County and any area municipality may enter into agreements for the use within any part of the County of the services of their respective officers, employees and equipment on any such terms and conditions as the councils deem necessary. R.S.O. 1990, c. C.42, s. 119.

Application of Assessment Act

120. (1) For the purposes of paragraph 9 of section 3 and section 27 of the Assessment Act, the County shall be deemed to be a municipality.

County and area municipalities deemed not tenants

(2) For the purposes of paragraph 9 of section 3 of the Assessment Act, where property belonging to the County is occupied by an area municipality or where property belonging to an area municipality is occupied by the County or another area municipality, the occupant shall not be considered to be a tenant or lessee, whether rent is paid for such occupation or not.

Definitions

(3) In subsection (2),

“County” and “area municipality” include a local board thereof. R.S.O. 1990, c. C.42, s. 120.

Execution against County

121. (1) An execution against the County may be endorsed with a direction to the sheriff to levy the amount thereof by rate, and the proceedings therein shall then be the following:

1. The sheriff shall deliver a copy of the writ and endorsement to the treasurer of the County, or leave the copy at the office or dwelling place of the treasurer, with a statement in writing of the sheriff’s fees and of the amount required to satisfy the execution, including the interest calculated to some day as near as is convenient to the day of the service.

2. If the amount with interest thereon from the day mentioned in the statement is not paid to the sheriff within one month after the service, the sheriff shall examine the assessment rolls of all the area municipalities and shall, in like manner as the levies of the County for general purposes are apportioned among the area municipalities, determine the portion of the amount mentioned in the statement that shall be levied against and in each area municipality.

3. The sheriff shall then in like manner as rates struck for general municipal purposes within each area municipality strike a rate sufficient in the dollar to cover its share of the amount due from the execution, and in determining the amount he or she may make such addition to the same as the sheriff considers sufficient to cover its share of the interest up to the time when the rate will probably be available and his or her own fees and poundage.

4. The sheriff shall thereupon issue a precept under his or her hand and seal of office directed to the collector of the area municipality and shall annex to the precept the roll of the rate and shall by the precept, after reciting the writ and that the County has neglected to satisfy the same, and referring to the roll annexed to the precept, command the collector to levy the rate at the time and in the manner by law required in respect to the general annual rates.

5. If, at the time for levying the annual rates next after the receipt of the report, the collector has a general rate roll delivered to him or her for the year, he or she shall add a column thereto, headed “Execution in A.B. vs. the County of Oxford” or “Execution in A.B. vs. the County of Oxford/Exécution forcée dans l’affaire de A.B. c. le comté d’Oxford”, adding a similar column for each execution if more than one, and shall insert therein the amount by the precept required to be levied upon each person respectively, and shall levy the amount of the execution rate as aforesaid, and shall, within the time within which he or she is required to make the return of the general annual rate, return to the sheriff the precept with the amount levied thereon.

6. The sheriff shall, after satisfying the execution and all the fees and poundage thereon, pay any surplus, within ten days after receiving the same, to the treasurer of the area municipality.

Function of clerk and treasurer

(2) The clerk, assessor and collector of each area municipality shall, for all purposes connected with carrying into effect, or permitting or assisting the sheriff to carry into effect, the provisions of this Act with respect to the execution, be considered to be officers of the court out of which the writ issued, and as such are amenable to the court and may be proceeded against by attachment, mandamus or otherwise in order to compel them to perform the duties imposed upon them. R.S.O. 1990, c. C.42, s. 121.

Powers of O.M.B.

122. (1) In the event of any doubt as to whether any particular asset or liability is vested in the County under this Act, the Municipal Board upon application has power to determine the matter as sole arbitrator and sections 95 and 96 of the Ontario Municipal Board Act do not apply to decisions or orders made in the exercise of power.

Settling of doubts

(2) In the event of any doubt as to whether any outstanding debt or portion thereof is a debt in respect of any asset assumed by or vested in the County under this Act, the Municipal Board upon application may determine the matter and its decision is final. R.S.O. 1990, c. C.42, s. 122.

Conditional powers

123. The Lieutenant Governor in Council, upon the recommendation of the Minister, may authorize all such acts or things not specifically provided for in this Act that are considered necessary or advisable to carry out effectively the purposes of this Act. R.S.O. 1990, c. C.42, s. 123.

Conflict with other Acts

124. (1) This Act applies despite any general or special Act and, in the event of any conflict between this Act and any general or special Act, this Act prevails.

Special legislation

(2) The provisions of any special Act relating to a local municipality or local board thereof within the County, in so far as the provisions of the special Act are not in conflict with the provisions of this Act, continue in force, and the powers conferred by the special Act may be exercised by the County or a local board thereof or by the corporation of the appropriate area municipality or a local board thereof according to whether the powers conferred by the special Act relate to a function assigned under this Act to the County or a local board thereof or to the area municipalities or local boards thereof. R.S.O. 1990, c. C.42, s. 124.

Municipal buildings

125. (1) The County or an area municipality or the County and one or more area municipalities,

(a) may acquire land for the purpose of constructing municipal buildings; and

(b) may construct municipal buildings for the use of the County or the County and one or more area municipalities or any local board thereof.

Debentures

(2) Section 124 of the Municipal Act applies with necessary modifications to any joint undertaking under this section. R.S.O. 1990, c. C.42, s. 125.

County responsible for waste facilities

126. (1) In this section,

“waste” includes ashes, garbage, refuse, domestic waste, industrial solid waste or municipal refuse, and such other materials as may be designated by by-law of the County Council. R.S.O. 1990, c. C.42, s. 126 (1); 1993, c. 20, s. 22 (1).

Receiving and disposing of waste

(2) The County shall provide facilities for the purpose of receiving, dumping and disposing of waste, and no area municipality shall provide such facilities. R.S.O. 1990, c. C.42, s. 126 (2).

Powers, etc.

(3) For the purposes of subsection (2), sections 208.1, 208.3, 208.4 and 208.6 to 208.11 of the Municipal Act and section 155 of the Regional Municipalities Act apply, with necessary modifications, to the County of Oxford.

Designation

(3.1) The County Council may, for each area municipality, designate one or more facilities for the receiving, dumping and disposing of waste or any class of waste.

Restriction

(3.2) Where a designation has been made, an area municipality shall not utilize any facilities except the facilities that have been designated for that area municipality. 1993, c. 20, s. 6 (1).

Payment of principal and interest to area municipalities

(4) The County shall pay to the corporation of any area municipality on or before the due date all amounts of principal and interest becoming due upon any outstanding debt of such area municipality in respect of the property assumed by the County under the provisions of subsection (3).

Default

(5) If the County fails to make any payment required by subsection (4), the area municipality may charge the County interest at the rate of 12 per cent per year thereon or such lower rate as the council of the area municipality determines from such date until payment is made.

O.M.B. to arbitrate

(6) In the event of any doubt as to whether any outstanding debt or portion thereof was incurred in respect of any property vested in the County under this section, the Municipal Board may determine the matter and such determination is final and binding. R.S.O. 1990, c. C.42, s. 126 (4-6).

Waste management powers

(7) Sections 149 to 160 of the Regional Municipalities Act apply, with necessary modifications, to the County of Oxford.

By-law not applicable

(8) A by-law passed under paragraph 135 of section 210 of the Municipal Act does not apply to the County of Oxford. 1993, c. 20, s. 6 (2).

Successor rights

127. There any agreement has been entered into or proceeding commenced by a local municipality, providing the terms thereof are not inconsistent with the provisions of this Act, the County or the appropriate area municipality shall on and after the 1st day of January, 1975, be deemed to stand in the place and stead of such local municipality for all purposes in so far as the agreement or proceeding pertains to the functions of the County or area municipality. R.S.O. 1990, c. C.42, s. 127.

County Fire Co-ordinator

128. The County shall appoint a County Fire Co-ordinator who shall be responsible for the establishment of an emergency fire service plan and program for the County including the establishment of a communications system and training facilities for fire-fighters, and the County is authorized to expend such sums as it considers necessary to implement such plan and program. R.S.O. 1990, c. C.42, s. 128.

Emergency response services

128.1 The County Council and area municipalities may pass by-laws and enter into agreements to establish and operate a centralized communication system either alone or with other persons, municipalities, including regional, district or metropolitan municipalities or the County of Oxford, or local boards to provide emergency response services. 1992, c. 15, s. 70.

Existing speed limits continued

129. (1) Despite the other provisions of this Act but subject to subsections (2) and (3), for the purposes of section 128 of the Highway Traffic Act the area in the County that, on the 31st day of December, 1974, formed part of a city, town, village or township municipality shall be considered to continue to form part of a city, town, village or township municipality.

By-laws of County and area municipalities

(2) Despite subsection (1), the County Council and the council of each area municipality may exercise any of its powers under section 128 of the Highway Traffic Act in respect of highways under its jurisdiction and control.

Existing speed limits continued

(3) Every by-law passed by the council of a municipality under section 128 of the Highway Traffic Act that applied, on the 31st day of December, 1974, to any highway or portion thereof within the County shall continue to apply thereto until a by-law passed by the County Council or the council of an area municipality under section 128 applies thereto. R.S.O. 1990, c. C.42, s. 129.

Council deemed recreation committee

130. The council of an area municipality shall be deemed to be a recreation committee under the Ministry of Tourism and Recreation Act and the regulations thereunder, and a board of a community recreation centre under the Community Recreation Centres Act. R.S.O. 1990, c. C.42, s. 130.

County library system

131. The operating costs of the County library system shall be raised by a special upper-tier levy on the rateable property in the area municipalities other than the City of Woodstock and the Town of Tillsonburg. 1997, c. 29, s. 55.

FORM 1

(Section 11 (4))

Oath of Allegiance

I, ................, having been elected (or appointed) as Warden of the council of the County of Oxford, do swear that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth II (or the reigning sovereign for the time being).

Sworn before me, etc.

R.S.O. 1990, c. C.42, Form 1.

FORM 2

(Section 11 (4))

Declaration of Qualification by Warden

I, .................., having been elected (or appointed) as Warden of the council of the County of Oxford declare that:

1. I am a Canadian citizen.

2. I am of the full age of eighteen years.

3. I am not an employee of any area municipality or local board of any area municipality.

4. I have taken the oath of allegiance (Form 1) which I attach hereto.

And I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath.

Declared before me, etc.

R.S.O. 1990, c. C.42, Form 2.

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