District Municipality of Muskoka Act, R.S.O. 1990, c. D.14

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District Municipality of Muskoka Act

R.S.O. 1990, Chapter D.14

Note:  This Act was repealed on January 1, 2003.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

Amended by:  1991, c. 15, ss. 7-13; 1992, c. 15, ss. 20-34; 1993, c. 11, ss. 4-7; 1993, c. 20, s. 7; 1993, c. 27, Sched.; 1994, c. 11, s. 387; 1994, c. 17, s. 47; 1994, c. 23, ss. 84, 85; 1994, c. 27, s. 141; 1996, c. 32, s. 69; 1996, c. 33, ss. 26-28; 1997, c. 5, s. 66; 1997, c. 8, s. 42; 1997, c. 16, s. 4; 1997, c. 29, s. 57; 1998, c. 15, Sched. E, s. 9; 1998, c. 18, Sched. B, s. 6; 2001, c. 13, s. 15; 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.)

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CONTENTS

Definitions

Definitions

1. In this Act,

“area municipality” means the municipality or corporation of the Town of Bracebridge, the Township of Georgian Bay, the Town of Gravenhurst, the Town of Huntsville, the Township of Lake of Bays and the Township of Muskoka Lakes, 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”)

“chair” means the chair of the District Council; (“président”)

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

“District Area” means the area from time to time included within the area municipalities; (“secteur de district”)

“District Corporation” means The District Municipality of Muskoka; (“municipalité de district”)

“District Council” means the council of the District Corporation; (“conseil de district”)

“district road” means a road forming part of the district road system continued under Part V; (“route de district”)

“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 the District Corporation or of an area municipality or of two or more area municipalities or parts thereof; (“conseil local”)

“local municipality” means in the year 1970 a local municipality and a geographic township in the District Area and the portion of the geographic township of Finlayson included in the District Area; (“municipalité locale”)

“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, other than a by-law passed under section 86; (“règlement municipal de finance”)

“Municipal Board” means the Ontario Municipal Board. (“Commission des affaires municipales”)  R.S.O. 1990, c. D.14, s. 1.

PART I
AREA MUNICIPALITIES

Area municipalities continued

2. The area municipalities are continued with the same names, status and boundaries as they had on the 31st day of December, 1990.  R.S.O. 1990, c. D.14, s. 2.

Alteration in 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.  R.S.O. 1990, c. D.14, s. 3 (1).

Application of Municipal Act

(2) Where an order is made under subsection (1), sections 17, 19 and 22 of the Municipal Act apply with necessary modifications and any special Act that applied to the area municipality prior to the alteration of its status continues to apply to it subsequent thereto.  R.S.O. 1990, c. D.14, s. 3 (2).

4. Repealed:  1996, c. 32, s. 69 (1).

PART II
INCORPORATION AND COUNCIL OF DISTRICT AREA

District Corporation continued

5. (1) The inhabitants of the District Area are continued as a body corporate under the name of The District Municipality of Muskoka in English and la municipalité de district de Muskoka in French.  R.S.O. 1990, c. D.14, s. 5 (1).

Deemed municipality

(2) The District Corporation shall be deemed to be a municipality for the purposes of the Municipal Affairs Act and the Ontario Municipal Board Act.  R.S.O. 1990, c. D.14, s. 5 (2).

Registry and land titles divisions not affected

(3) Nothing in this Act shall be deemed to alter the boundaries of any registry or land titles division.  R.S.O. 1990, c. D.14, s. 5 (3).

District Council to exercise corporate powers

6. (1) The powers of the District Corporation shall be exercised by the District Council and, except where otherwise provided, the jurisdiction of the District Council is confined to the District Area.  R.S.O. 1990, c. D.14, s. 6 (1).

Powers exercised by by-law

(2) Except where otherwise provided, the powers of the District Council shall be exercised by by-law.  R.S.O. 1990, c. D.14, s. 6 (2).

Not to be quashed as unreasonable

(3) A by-law passed by the District 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 supposed unreasonableness of its provisions or any of them.  R.S.O. 1990, c. D.14, s. 6 (3).

Notice of inquiry by Minister

7. (1) If the Minister is inquiring into the structure, organization and methods of operation of one or more area municipalities or of the District Corporation, the Minister may give the Municipal Board a written notice of the inquiry.  1996, c. 32, s. 69 (2).

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. 69 (2).

Election of chair

8. (1) At the first meeting of the District Council after a regular election at which a quorum is present, the District Council shall organize as a council and elect as chair one of the members of the District Council, or any other person, to hold office for the term of the council and until his or her successor is appointed or elected in accordance with this Act.  1992, c. 15, s. 20.

Idem

(2) At the first meeting, the clerk shall preside until the chair is elected.  1992, c. 15, s. 20.

Special case

(3) If a member of the council of an area municipality becomes chair, the member shall be deemed to have resigned as a member of that council, and the member’s seat on the council thereby becomes vacant.  1992, c. 15, s. 20.

Failure to elect chair

(4) If a chair is not elected at the first meeting, the presiding officer may adjourn the meeting.  1992, c. 15, s. 20.

Appointment

(5) If a chair is not elected at a subsequent meeting held within one week after the first meeting, the Lieutenant Governor in Council shall appoint a chair to hold office for the term of the council and until the chair’s successor is elected or appointed in accordance with this Act.  1992, c. 15, s. 20.

9. Repealed:  1992, c. 15, s. 20.

First meeting of area councils

10. (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. D.14, s. 10 (1).

First meeting

(2) The first meeting of the District Council after a regular election shall be held not later than the fourteenth day following the day that the term of office for which the election was held commences.  1994, c. 23, s. 84.

Certificate of qualification

(3) Where a person is elected or appointed to represent an area municipality as a member of the District 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 District Corporation the name of each person who has been so elected or appointed.  R.S.O. 1990, c. D.14, s. 10 (3).

Declaration of members

(4) A person entitled to be a member of the District Council in accordance with section 7 shall not take a seat as a member of the District Council until the clerk of the District Corporation has received the certificate referred to in subsection (3) and the person has made the declaration of office in Form 3 of the Municipal Act.  R.S.O. 1990, c. D.14, s. 10 (4).

Exception

(5) Subsections (3) and (4) do not apply to a person with respect to whom a certificate has been received by the clerk of the District Corporation under subsection 8 (4) if the person has complied with subsection 8 (6).  R.S.O. 1990, c. D.14, s. 10 (5).

When chair may preside

(6) The chair shall not preside at a meeting of the District Council unless the chair has taken an oath of allegiance in Form 1 and made a declaration of qualification in Form 2.  R.S.O. 1990, c. D.14, s. 10 (6).

Quorum voting

11. (1) Twelve members of the District Council representing at least 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.  R.S.O. 1990, c. D.14, s. 11 (1).

One vote

(2) Subject to subsection (3), each member of the District Council has one vote only.  R.S.O. 1990, c. D.14, s. 11 (2).

Chair vote

(3) The chair does not have a vote except in the event of an equality of votes.  R.S.O. 1990, c. D.14, s. 11 (3).

Quorum if size and composition changed

(4) Despite the quorum rule in subsection (1), if a by-law passed by the District Council under section 27 of the Municipal Act is in force, a majority of the members are necessary to form a quorum.  1996, c. 32, s. 69 (3).

By-law re quorum

(5) Despite subsection (4), the District 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. 69 (3).

Vacancies, chair

12. (1) When a vacancy occurs in the office of a chair who has been appointed by the Lieutenant Governor in Council, some person shall be appointed by the Lieutenant Governor in Council to hold office as chair for the remainder of the term of his or her predecessor.  R.S.O. 1990, c. D.14, s. 12 (1).

Idem

(2) Except as provided in subsection (1), when a vacancy occurs in the office of chair, the District Council shall, at a general or special meeting to be held within twenty days after the vacancy occurs, elect a chair who may be one of the members of the District Council, or any other person, to hold office for the remainder of the term of his or her predecessor.  R.S.O. 1990, c. D.14, s. 12 (2).

Idem

(3) If the District Council fails to elect a chair within twenty days as required by subsection (2), the Minister may appoint a person as chair to hold office for the remainder of the term of his or her predecessor.  R.S.O. 1990, c. D.14, s. 12 (3).

Application of Municipal Act

(4) Sections 37, 38, 43, 44 and 95 of the Municipal Act apply with necessary modifications to the District Council.  R.S.O. 1990, c. D.14, s. 12 (4).

Resignation from District Council

(5) A member of the District 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.  R.S.O. 1990, c. D.14, s. 12 (5).

Where vacancy in District Council or area municipality council

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

(a) the seat of a member of the District 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 District Council is declared vacant by the District Council.  R.S.O. 1990, c. D.14, s. 12 (6).

Declaration of vacancy

(7) Where the District Council or the council of an area municipality declares the seat of a member to be vacant, other than under subsection (8), and subsection (6) applies, the District 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.  R.S.O. 1990, c. D.14, s. 12 (7).

Idem

(8) Upon receiving a copy of a declaration of a vacancy in respect of a member under subsection (7), the District 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.  R.S.O. 1990, c. D.14, s. 12 (8).

Other members

(9) When a vacancy occurs in the office of a member other than the chair or the head of the council of an area municipality, the council of the area municipality from which he or she was elected shall by by-law within sixty days after the vacancy occurs appoint a successor, who is eligible to be elected a member of the District Council, to hold office for the remainder of the term of his or her predecessor.  R.S.O. 1990, c. D.14, s. 12 (9).

Where head of council incapacitated

(10) In the event that the head of a council of an area municipality is for any reason unable to fulfil his or her duties as a member of the District 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 District 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. D.14, s. 12 (10).

Committees

13. The District 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. D.14, s. 13.

Conduct of members

14. The District Council may pass by-laws governing the conduct of its members.  1994, c. 23, s. 85.

Head of Council

15. (1) The chair is the head of the District Council and is the chief executive officer of the District Corporation.  R.S.O. 1990, c. D.14, s. 15 (1).

Chief administrative officer

(2) The District 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 District Corporation and perform such duties as the District 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. 21.

(d) shall receive such salary as the District Council by by-law determines.  R.S.O. 1990, c. D.14, s. 15 (2); 1992, c. 15, s. 21.

(3) Repealed:  1991, c. 15, s. 7.

Acting chair

16. (1) When the chair is absent or refuses to act, or the office of chair is vacant, the District Council may by resolution appoint one of its members to act in the place and stead of the chair and, while so acting, such member has and may exercise all the rights, powers and authority of the chair.  R.S.O. 1990, c. D.14, s. 16 (1).

Idem

(2) The District Council may by by-law appoint a member of the District Council to act from time to time in the place and stead of the chair when the chair is absent from the District Area or absent through illness or the chair’s office is vacant and, while so acting, such member has and may exercise all the rights, powers and authority of the chair.  R.S.O. 1990, c. D.14, s. 16 (2).

Application of Municipal Act

17. (1) Sections 57, 58, 59, 61, 127, 134, 135, 136, 137, 138 and 251 of the Municipal Act apply with necessary modifications to the District Corporation.  R.S.O. 1990, c. D.14, s. 17 (1).

Idem

(2) Sections 55, 62 and 106 of the Municipal Act apply with necessary modifications to the District Council and to every local board of the District Corporation.  R.S.O. 1990, c. D.14, s. 17 (2).

Idem

(3) Sections 242, 243, 244 to 248, 249, 251, 252 and 254 of the Municipal Act apply with necessary modifications to the District Council.  R.S.O. 1990, c. D.14, s. 17 (3).

Appointment of clerk

18. (1) The District 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 District 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 District Council and its committees; and

(d) to perform such other duties as may be assigned by the District Council.  R.S.O. 1990, c. D.14, s. 18 (1).

Deputy clerk

(2) The District Council may appoint a deputy clerk who shall have all the powers and duties of the clerk.  R.S.O. 1990, c. D.14, s. 18 (2).

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 District Council may appoint a temporary acting clerk who shall have the powers and duties of the clerk.  R.S.O. 1990, c. D.14, s. 18 (3).

Inspection and copying of minutes, etc.

19. (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 18 and the minutes and proceedings of any committee of the District 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 District Corporation, to any applicant on payment at such rate as the District Council may by by-law establish.  R.S.O. 1990, c. D.14, s. 19 (1); 1992, c. 15, s. 22.

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 District Council that affect land or the use thereof in the District Area but do not directly affect the title to land.  R.S.O. 1990, c. D.14, s. 19 (2).

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 District Corporation, 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. D.14, s. 19 (3).

Appointment of treasurer

20. (1) The District Council shall appoint a treasurer who shall keep the books, records and accounts and prepare the annual financial statements of the District Corporation and preserve and file all accounts of the District Corporation and perform such other duties as may be assigned by the District Council.  R.S.O. 1990, c. D.14, s. 20 (1).

Deputy treasurer

(2) The District Council may appoint a deputy treasurer who shall have all the powers and duties of the treasurer.  R.S.O. 1990, c. D.14, s. 20 (2).

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 District Council may appoint a temporary acting treasurer who shall have all the powers and duties of the treasurer.  R.S.O. 1990, c. D.14, s. 20 (3).

Receipt and disbursement of money

21. (1) The treasurer shall receive and safely keep all money of the District Corporation, 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 District 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 District Council.  R.S.O. 1990, c. D.14, s. 21 (1).

Signing of cheques

(2) Despite subsection (1), the District 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.  R.S.O. 1990, c. D.14, s. 21 (2).

Petty cash fund

(3) The District 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.  R.S.O. 1990, c. D.14, s. 21 (3).

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 District Council, unless another disposition of it is expressly provided for by statute.  R.S.O. 1990, c. D.14, s. 21 (4).

Bank accounts

22. Subject to subsection 21 (3), the treasurer shall,

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

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

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

and, despite subsection 21 (1), the District Council shall not by by-law or resolution direct any variance from the provisions of this section, nor shall the treasurer vary from such provisions.  R.S.O. 1990, c. D.14, s. 22.

Monthly statement

23. (1) The treasurer shall prepare and submit to the District Council, monthly, a statement of the money at the credit of the District Corporation.  R.S.O. 1990, c. D.14, s. 23 (1).

Notice to sureties

(2) Where the treasurer is removed from office or absconds, the District Council shall forthwith give notice to his or her sureties.  R.S.O. 1990, c. D.14, s. 23 (2).

Appointment of auditors

24. (1) The District 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 District Corporation and of every local board of the District Corporation.  1991, c. 15, s. 8.

Cost of audit

(2) Where an auditor audits the accounts and transactions of a local board, the cost thereof shall be paid by the District Corporation 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.  R.S.O. 1990, c. D.14, s. 24 (2).

Disqualification of auditors

(3) No person shall be appointed as an auditor of the District Corporation who is or during the preceding year was a member of the District Council or of the council of an area municipality or of any local board, the accounts and transactions of which it would be an auditor’s duty to audit, or who has or during the preceding year had any direct or indirect interest in any contract with the District Corporation or an area municipality or any such local board, or any employment with any of them other than for services within his or her professional capacity.  R.S.O. 1990, c. D.14, s. 24 (3).

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 District Council or any local board of the District Corporation that do not conflict with the duties prescribed by the Ministry.  R.S.O. 1990, c. D.14, s. 24 (4).

Audit of accounts before payment

(5) The District Council may provide that all accounts shall be audited before payment.  R.S.O. 1990, c. D.14, s. 24 (5).

Application of Municipal Act

25. (1) Sections 82, 83, 88, 90, 91, 92 and 94, subsections 96 (1), (4) and (5), sections 98, 108 and 117 and paragraphs 45, 46, 47, 48 and 49 of section 207 of the Municipal Act apply with necessary modifications to the District Corporation.  R.S.O. 1990, c. D.14, s. 25 (1); 1991, c. 15, s. 9.

Application of Ontario Municipal Employees Retirement System Act

(2) The District Corporation shall be deemed to be a municipality for the purposes of the Ontario Municipal Employees Retirement System Act.  R.S.O. 1990, c. D.14, s. 25 (2).

PART III
DISTRICT WATERWORKS SYSTEM

Supply and distribution of water by District Corporation

26. (1) The District Corporation shall have the sole responsibility for the supply and distribution of water in the District Area, including the establishment, construction, maintenance, operation, improvement and the extension of waterworks systems and the financing thereof, and all the provisions of any general Act relating to such 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 such supply and distribution of water and the financing thereof by an area municipality or a local board thereof, apply with necessary modifications to the District Corporation, except the power to establish a public utilities commission.  R.S.O. 1990, c. D.14, s. 26 (1).

Method of financing

(2) The District Corporation may finance the whole or any part of the cost of the construction, operation, maintenance and debt charges of such supply and distribution of water by establishing one or more urban service areas and raising the money required by imposing a rate or rates in such area or areas, or may raise the money required by any other method or methods authorized by law or by any combination thereof.  R.S.O. 1990, c. D.14, s. 26 (2).

Preparation of special assessment rolls and collection of special assessments

(3) If the District Corporation proceeds under the Local Improvement Act, or any other Act involving the use of a collector’s roll, an area municipality shall provide all information requested by the District Corporation for the purpose of the preparation of the special assessment rolls, and the clerk of the District Corporation, after certifying the special assessment rolls, shall forward the same to the treasurer of the area municipality concerned who shall enter the special assessments on the collector’s roll and collect the same in the same manner as taxes and remit the same with the penalties, if any, to the treasurer of the District Corporation.  R.S.O. 1990, c. D.14, s. 26 (3).

District Corporation may require area municipality to collect money

(4) Where the District Corporation does not proceed under the Local Improvement Act or under section 221 of the Municipal Act, the District Corporation may require any area municipality to collect the sums required for financing such supply and distribution of water either by a general rate in the area municipality or by a special rate on an urban service area within such area municipality and such special rate does not require the approval of the Municipal Board.  R.S.O. 1990, c. D.14, s. 26 (4).

Approval of O.M.B. to undertaking, etc.

(5) Despite any general or special Act, the Municipal Board may hear and determine any application by the District Corporation for approval of any undertaking, work, project or scheme relating to such supply and distribution of water without having regard to the methods by which the District Corporation intends to recover the costs of the undertaking, work, project or scheme for which approval is being sought.  R.S.O. 1990, c. D.14, s. 26 (5).

Powers of O.M.B.

(6) Where application is made to the Municipal Board for its approval to the method of recovering the cost of an undertaking, work, project or scheme approved by the Board under subsection (5) and the Board does not approve the application or approves it in part only, the Board may direct the method by which the cost, or the portion of the cost in respect of which the application is not approved, shall be recovered.  R.S.O. 1990, c. D.14, s. 26 (6).

Area municipalities, no power to supply and distribute water

(7) Subject to subsection (13), no area municipality shall have or exercise any powers under any Act for such supply and distribution of water, or the financing thereof.  R.S.O. 1990, c. D.14, s. 26 (7).

Vesting of property in District Corporation

(8) All waterworks, supply systems, meters, mechanical equipment and all real and personal property of any nature whatsoever used solely for the purpose 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 such supply and distribution of water in the District Area or for any area municipality is vested in the District Corporation effective the 1st day of January, 1973, and no compensation or damages shall be payable to any area municipality in respect thereof.  R.S.O. 1990, c. D.14, s. 26 (8).

Payments of principal and interest to area municipalities

(9) The District Corporation 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 District Corporation under subsection (8), but nothing in this subsection requires the District Corporation 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.  R.S.O. 1990, c. D.14, s. 26 (9).

Interest to be charged by area municipality

(10) If the District Corporation fails to make any payment as required by subsection (9), the area municipality may charge the District Corporation 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.  R.S.O. 1990, c. D.14, s. 26 (10).

Agreements

(11) With respect to any agreements entered into by any municipality or local board thereof in the District Area respecting such supply and distribution of water, the District Corporation shall, on and after the 1st day of January, 1973, stand in the place and stead of such municipality or local board for all purposes of any such agreement.  R.S.O. 1990, c. D.14, s. 26 (11).

Idem

(12) The District Corporation may enter into agreements with any person or municipality, with respect to the matters provided for in this Part.  R.S.O. 1990, c. D.14, s. 26 (12).

Idem

(13) The District Corporation may enter into an agreement with any area municipality or local board thereof regarding the recovery of the cost of the supply and distribution of water.  R.S.O. 1990, c. D.14, s. 26 (13).

Entry by clerk on collector’s roll

(14) The clerk of an area municipality shall, on notice to him or her by the treasurer of the District Corporation of an amount due in respect of the supply of water and by whom it is due and the lands on which a lien is claimed, enter the amount due upon the collector’s roll of the area municipality and section 31 of the Public Utilities Act applies, and the money collected shall be forwarded to the treasurer of the District Corporation.  R.S.O. 1990, c. D.14, s. 26 (14).

Existing urban service areas

(15) All urban service areas as they existed on the 31st day of December, 1990, pertaining to the purposes of this Part, in an area municipality continue until such time as the District Council otherwise determines.  R.S.O. 1990, c. D.14, s. 26 (15).

Application of certain provisions of Municipal Act

(16) Subsections 221 (28) and (34) of the Municipal Act apply with necessary modifications to the District Corporation in the imposition of a rate under subsection (2) or (4).  R.S.O. 1990, c. D.14, s. 26 (16).

Idem

(17) Subsections 221 (29) to (33) of the Municipal Act apply with necessary modifications to the District Corporation with respect to the imposition of a rate under subsection (2) and to an area municipality with respect to the imposition of a rate under subsection (4).  R.S.O. 1990, c. D.14, s. 26 (17).

PART IV
DISTRICT SEWAGE WORKS

District Corporation responsibility for collection and disposal of sewage

27. (1) The District Corporation shall, except as provided in subsection (12), have the sole responsibility for the collection and disposal of all sewage in the District Area, including the establishment, construction, maintenance, operation and financing thereof, and all the provisions of any general Act relating to such collection and disposal of such sewage and the financing thereof by a municipal corporation or a local board thereof and all the provisions of any special Act relating to such collection and disposal of such sewage and the financing thereof by an area municipality or a local board thereof apply with necessary modifications to the District Corporation, except the power to establish a public utilities commission.  R.S.O. 1990, c. D.14, s. 27 (1).

Method of financing

(2) The District Corporation may finance the whole or any part of the cost, including the construction, maintenance, operation and debt charges, of collection and disposal of sewage,

(a) by imposing a surcharge on the water rate collectable in the same manner as water rates;

(b) by establishing one or more urban service areas and imposing a rate or rates in such area or areas; or

(c) by any method or methods authorized by law or by any combination thereof.  R.S.O. 1990, c. D.14, s. 27 (2).

Preparation of special assessment rolls and collection of special assessments

(3) If the District Corporation proceeds under the Local Improvement Act, or any other Act involving the use of a collector’s roll, an area municipality shall provide all information requested by the District Corporation for the purpose of the preparation of the special assessment rolls, and the clerk of the District Corporation, after certifying the special assessment rolls, shall forward the same to the treasurer of the area municipality concerned who shall enter the special assessments on the collector’s roll and collect the same in the same manner as taxes and remit the same with the penalties, if any, to the treasurer of the District Corporation.  R.S.O. 1990, c. D.14, s. 27 (3).

District Corporation may require area municipality to collect money required

(4) Where the District Corporation does not proceed by imposing a surcharge on the water rate, or under the Local Improvement Act, or under section 221 of the Municipal Act, the District Corporation may require any area municipality to collect the sums required for financing the collection and disposal of sewage either by a general rate in the area municipality or by a special rate on an urban service area within such area municipality, and such special rate does not require the approval of the Municipal Board.  R.S.O. 1990, c. D.14, s. 27 (4).

Approval of O.M.B. to undertaking, etc.

(5) Despite any general or special Act, the Municipal Board may hear and determine any application by the District Corporation for approval of any undertaking, work, project or scheme relating to the collection and disposal of sewage without having regard to the methods by which the District Corporation intends to recover the costs of the undertaking, work, project or scheme for which approval is being sought.  R.S.O. 1990, c. D.14, s. 27 (5).

Powers of O.M.B.

(6) Where application is made to the Municipal Board for its approval to the method of recovering the cost of an undertaking, work, project or scheme approved by the Board under subsection (5) and the Board does not approve the application or approves it in part only, the Board may direct the method by which the cost, or the portion of the cost in respect of which the application is not approved, shall be recovered.  R.S.O. 1990, c. D.14, s. 27 (6).

No area municipality to collect and dispose of sewage

(7) Subject to subsection (15), no area municipality shall have or exercise any powers under any Act for the collection and disposal of sewage, or the financing thereof, except as provided in subsection (12).  R.S.O. 1990, c. D.14, s. 27 (7).

Vesting of property in District Corporation

(8) 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, including all assets and liabilities, surpluses, reserves and deficits of an area municipality relating thereto, except as provided in subsection (12), and all real and personal property of any nature whatsoever used solely for the purpose of the collection and disposal of such sewage in the District Area by any area municipality are vested in the District Corporation on the 1st day of January, 1973, and no compensation or damages shall be payable to any area municipality in respect thereof.  R.S.O. 1990, c. D.14, s. 27 (8).

District Corporation liability

(9) The District Corporation 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 District Corporation under subsection (8), but nothing in this subsection requires the District Corporation 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.  R.S.O. 1990, c. D.14, s. 27 (9).

Default

(10) If the District Corporation fails to make any payment as required by subsection (9), the area municipality may charge the District Corporation interest at the rate of 15 per cent per year, or such lower rate as the council of the area municipality determines, from such date until payment is made.  R.S.O. 1990, c. D.14, s. 27 (10).

Agreements

(11) With respect to any agreements entered into by any municipality or local board thereof in the District Area respecting the interception, collecting, settling, treating, dispersing, disposing or discharging of sewage, except as provided for in subsection (12), the District Corporation shall stand in the place and stead of such municipality or local board for all purposes of any such agreement.  R.S.O. 1990, c. D.14, s. 27 (11).

Area municipality responsibility for storm drainage

(12) Subject to subsection (13), each area municipality is responsible for land drainage, including storm, surface, overflow, subsurface, or seepage waters or other drainage from land, within the municipality and including the drainage of any road in the municipality that does not form part of the district road system.  R.S.O. 1990, c. D.14, s. 27 (12).

District Corporation may undertake land drainage program

(13) The District Corporation may undertake such land drainage, including the assumption of any work or works of an area municipality pertaining thereto, in the whole or any part or parts of the District Area, and where the District Corporation does so this Part applies with necessary modifications to the establishment, construction, maintenance, operation and financing thereof.  R.S.O. 1990, c. D.14, s. 27 (13).

Agreements

(14) The District Corporation may enter into agreements with any person or municipality with respect to the matters provided for in this Part.  R.S.O. 1990, c. D.14, s. 27 (14).

Idem

(15) The District Corporation may enter into an agreement with any area municipality or local board thereof regarding the recovery of costs of the collection and disposal of sewage.  R.S.O. 1990, c. D.14, s. 27 (15).

Existing urban service areas

(16) All urban service areas as they existed on the 31st day of December, 1990, pertaining to the purposes of this Part, in an area municipality continue until such time as the District Council otherwise determines.  R.S.O. 1990, c. D.14, s. 27 (16).

Application of Municipal Act

(17) Subsections 221 (28) and (34) of the Municipal Act apply with necessary modifications to the District Corporation in the imposition of a rate or surcharge under subsection (2) or (4).  R.S.O. 1990, c. D.14, s. 27 (17).

Idem

(18) Subsections 221 (29) to (33) of the Municipal Act apply with necessary modifications to the District Corporation with respect to the imposition of a rate or surcharge under subsection (2) and to an area municipality with respect to the imposition of a rate under subsection (4).  R.S.O. 1990, c. D.14, s. 27 (18).

PART V
HIGHWAYS

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 repair; (“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. D.14, s. 28.

District road system

29. (1) The district 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. D.14, s. 29 (1).

Adding or removing roads by by-law

(2) The District Council may by by-law from time to time add roads to or remove roads from the district road system, including such boundary line roads or portions thereof between the District Area and an adjoining municipality as may be agreed upon between the District Council and the council of the adjoining municipality.  R.S.O. 1990, c. D.14, s. 29 (2).

Transfer of provincial highway to District Corporation

(3) The Minister may transfer any highway under the jurisdiction and control of the Ministry within the District Area to the District Corporation and the highway shall for all purposes be deemed to be part of the district 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. D.14, s. 29 (3); 1994, c. 27, s. 141 (1).

Vesting of roads in District Corporation

(4) Every road or part thereof that forms part of the district road system and the jurisdiction and control and the soil and freehold thereof are vested in the District Corporation.  R.S.O. 1990, c. D.14, s. 29 (4).

Removal of roads from the district road system

(5) The Minister may remove any road from the district road system.  R.S.O. 1990, c. D.14, s. 29 (5); 1994, c. 27, s. 141 (2).

Roads removed from district road system

(6) Where a road or a part thereof is removed from the district road system, except by reason of it being stopped-up pursuant to section 39, 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 District Corporation in respect of such road.  R.S.O. 1990, c. D.14, s. 29 (6).

Status of land acquired for widening district road

(7) Despite subsection (9), where the District Corporation acquires land for the purpose of widening a district road, the land so acquired, to the extent of the designated widening, forms part of the road and is included in the district road system.  R.S.O. 1990, c. D.14, s. 29 (7).

Consolidating by-laws

(8) The District Council shall from time to time pass a by-law consolidating all by-laws relating to the district road system.  R.S.O. 1990, c. D.14, s. 29 (8).

(9) Repealed:  1996, c. 33, s. 26.

Plan of construction and maintenance

30. The District 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. D.14, s. 30.

31. Repealed:  1996, c. 33, s. 27.

32. Repealed:  1996, c. 33, s. 27.

Road maintenance

33. (1) The District Corporation shall keep every road included in the district road system in a state of repair that is reasonable in light of all the circumstances, including the road’s character and location.  1996, c. 32, s. 69 (4).

Expenditures

(2) In all cases the Minister of Transportation shall determine the amount of expenditure that is properly chargeable to road improvement, and his or her decision is final.  1996, c. 32, s. 69 (4).

Defence

(3) The District Corporation 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.  1996, c. 32, s. 69 (4).

Same

(4) The District Corporation 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.  1996, c. 32, s. 69 (4).

Same

(5) The District Corporation 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. 69 (4).

Sidewalks excepted

34. (1) The District Corporation is not by reason of a road forming part of the district road system under this Act liable for the construction or maintenance of sidewalks on any road or portion thereof in the district 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.  R.S.O. 1990, c. D.14, s. 34 (1).

Area municipalities may construct sidewalks, etc.

(2) An area municipality may construct a sidewalk, storm sewer or other improvement or service on a district road, and the District Corporation may contribute to the cost of such sidewalk, storm sewer, improvement or service, but no such work shall be undertaken by an area municipality without first obtaining the approval of the District Council expressed by resolution.  R.S.O. 1990, c. D.14, s. 34 (2).

How cost provided

(3) The cost of any such sidewalk, storm sewer, improvement or service constructed on a district 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.  R.S.O. 1990, c. D.14, s. 34 (3).

Area municipalities to conform to requirements and be responsible for damages

(4) An area municipality when constructing such a sidewalk, storm sewer, improvement or service on a district road shall conform to any requirements or conditions imposed by the District 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. D.14, s. 34 (4).

(5) Repealed:  1996, c. 33, s. 27.

Installation of traffic control devices

35. (1) The District Corporation 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 district road system.  R.S.O. 1990, c. D.14, s. 35 (1).

Relocation of intersecting roads

(2) The District Corporation 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 district road system.  R.S.O. 1990, c. D.14, s. 35 (2).

Idem

(3) Where, in relocating, altering or diverting a public road under subsection (2), the District Corporation constructs a new road in lieu of the public road, the District Corporation may close the public road at the point of intersection with the district road and may vest the new road and the soil and freehold and jurisdiction and control thereof in the area municipality in which it is situate.  R.S.O. 1990, c. D.14, s. 35 (3).

Construction of storm sewer, etc., on area municipality road

(4) Where the District Corporation constructs a sidewalk, storm sewer, 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, storm sewer, improvement or service and the work may be undertaken in whole or in part under the Local Improvement Act.  R.S.O. 1990, c. D.14, s. 35 (4).

Intersection of other roads by district roads

36. Where a district road intersects a road that is under the jurisdiction and control of an area municipality, the continuation of the district road to its full width across the road so intersected is a part of the district road system.  R.S.O. 1990, c. D.14, s. 36.

Dedication of lands abutting district roads for widening purposes

37. When land abutting on a district road is dedicated for, or apparently for, widening the district road, the land so dedicated is part of the district road and the jurisdiction and control and the soil and freehold thereof is vested in the District Corporation subject to any rights in the soil reserved by the person who dedicated the land.  R.S.O. 1990, c. D.14, s. 37.

New roads

38. The District Council may pass by-laws for establishing and laying out new roads and adding such new roads to the district 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. D.14, s. 38.

Powers and liabilities of District Corporation

39. (1) With respect to the roads in the district road system and the regulation of traffic thereon, the District Corporation 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.  R.S.O. 1990, c. D.14, s. 39 (1).

Establishment of bus lanes, etc.

(2) The District Council may by by-law designate any lane on any road over which the Council has jurisdiction as a lane solely or principally for use by public transit motor vehicles, or any class or classes thereof as may be defined in the by-law, and by taxicabs and by private motor vehicles carrying such number of passengers as may be specified in the by-law and prohibit and regulate the use thereof by all other vehicles to such extent and for such period or periods as may be specified.  R.S.O. 1990, c. D.14, s. 39 (2).

Definition

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

“public transit motor vehicle” means any motor vehicle operated by, for or on behalf of the District Corporation or any other municipality, including a metropolitan or regional municipality, or by a transit commission, in connection with a regular passenger transportation service and includes such other motor vehicles operated in connection with a regular passenger transportation service as may be specified in the by-law.  R.S.O. 1990, c. D.14, s. 39 (3).

Erection of gasoline pump and advertising device near district road

40. (1) The District 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 district road; and

(b) any sign, notice or advertising device within 400 metres of any limit of a district road.  R.S.O. 1990, c. D.14, s. 40 (1).

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. D.14, s. 40 (2).

By-laws of area municipalities regulating traffic

41. (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 resolution of the District Council.  R.S.O. 1990, c. D.14, s. 41 (1).

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

(2) A by-law submitted for approval of the District 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.  R.S.O. 1990, c. D.14, s. 41 (2).

Withdrawal of approval

(3) The District 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.  R.S.O. 1990, c. D.14, s. 41 (3).

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 District Council, and the District Council may delegate any of its powers in respect of the operation of such devices to an officer of the District Corporation designated in the by-law.  R.S.O. 1990, c. D.14, s. 41 (4).

Contribution toward cost of signal-lights

(5) The District Corporation may contribute towards the cost of the erection of signal-light traffic control devices erected by an area municipality.  R.S.O. 1990, c. D.14, s. 41 (5).

Traffic control within thirty metres of district roads

(6) Subject to the Highway Traffic Act, the District 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 district 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. D.14, s. 41 (6).

Agreement for pedestrian walks

42. The District Council may by by-law authorize agreements between the District Corporation 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 highway 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. D.14, s. 42.

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

43. (1) Sections 291 and 293 of the Municipal Act do not apply to a bridge or highway crossing or forming a boundary between the District Area and an adjoining municipality where such bridge or highway is included in the district road system and in the road system of the municipality.  R.S.O. 1990, c. D.14, s. 43 (1).

Idem

(2) When there is a difference between the District 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 District 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 District Corporation or the corporation of the municipality.  R.S.O. 1990, c. D.14, s. 43 (2).

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 District Corporation, 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 towards the building and maintaining of such bridge or highway.  R.S.O. 1990, c. D.14, s. 43 (3).

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. D.14, s. 43 (4).

Boundary bridges between area municipalities

44. 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 district road system.  R.S.O. 1990, c. D.14, s. 44.

Boundary bridges between District Area and adjoining municipality

45. 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 District Area 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 district road system.  R.S.O. 1990, c. D.14, s. 45.

Restrictions

46. (1) The District Council has, with respect to all land lying within a distance of forty-five metres from any limit of a district road, all the powers conferred on the council of a local municipality by section 40 of the Planning Act.  R.S.O. 1990, c. D.14, s. 46 (1).

Conflict with local by-law

(2) In the event of conflict between a by-law passed under subsection (1) by the District Council and a by-law passed under section 40 of the Planning Act or a predecessor of such 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 District Council prevails to the extent of such conflict.  R.S.O. 1990, c. D.14, s. 46 (2).

Controlled-access roads

47. (1) The District Council may by by-law designate any road in the district road system, or any portion thereof, as a controlled-access road.  R.S.O. 1990, c. D.14, s. 47 (1).

Closing municipal roads

(2) Subject to the approval of the Municipal Board, the District Council may by by-law close any municipal road that intersects or runs into a district controlled-access road.  R.S.O. 1990, c. D.14, s. 47 (2).

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 District Corporation within such time as the Municipal Board shall direct.  R.S.O. 1990, c. D.14, s. 47 (3).

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 such application and fixing the amount of such costs; and

(c) providing for the doing of such other acts as in the circumstances it considers proper.  R.S.O. 1990, c. D.14, s. 47 (4).

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 such approval, the District Corporation may do all such acts as may be necessary to close the road in respect of which the application is made.  R.S.O. 1990, c. D.14, s. 47 (5).

Idem

(6) Where, at any time after making application for the approval of the Municipal Board of the closing of a road, the District Corporation discontinues its application or, having obtained such approval, does not proceed with the closing of the road, the Municipal Board may, upon the application of any person whose land would be injuriously affected by the closing of the road and who has appeared upon such application for approval, make such order as to costs against the District Corporation as it considers proper and may fix the amount of such costs.  R.S.O. 1990, c. D.14, s. 47 (6).

Appeal

(7) Any person who claims to be injuriously affected by the closing of a road may, by leave of the Divisional Court, appeal to that court from any order of the Municipal Board approving the closing of such road, and the District Corporation may, upon like leave, appeal from any order of the Municipal Board made on an application under this section.  R.S.O. 1990, c. D.14, s. 47 (7).

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.  R.S.O. 1990, c. D.14, s. 47 (8).

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.  R.S.O. 1990, c. D.14, s. 47 (9).

Ontario Municipal Board Act not to apply

(10) Section 96 of the Ontario Municipal Board Act does not apply to any appeal under this section.  R.S.O. 1990, c. D.14, s. 47 (10).

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

48. (1) The District 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 district controlled-access road.  R.S.O. 1990, c. D.14, s. 48 (1).

Notice

(2) The District Corporation 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 district controlled-access road in contravention of a by-law passed under subsection (1).  R.S.O. 1990, c. D.14, s. 48 (2).

Service of notice

(3) Every notice given under subsection (2) 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 second day following the mailing thereof.  R.S.O. 1990, c. D.14, s. 48 (3).

Failure to comply with notice

(4) Where the person to whom notice is given under subsection (2) fails to comply with the notice within thirty days after its receipt, the District Council may by resolution direct any officer, employee or agent of the District Corporation 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.  R.S.O. 1990, c. D.14, s. 48 (4).

Offence

(5) Every person who fails to comply with a notice given under subsection (2) is guilty of an offence.  R.S.O. 1990, c. D.14, s. 48 (5).

Compensation

(6) Where a notice given under subsection (2) 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 district controlled-access road was constructed or used, as the case may be,

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

(b) in compliance with a by-law passed under subsection (1), in which case the making of compensation is subject to any provisions of such by-law.  R.S.O. 1990, c. D.14, s. 48 (6).

District Corporation liability when road added

49. (1) Where the District Corporation adds to the district road system any road in an area municipality, no compensation or damages shall be payable to the area municipality in which it was vested.  R.S.O. 1990, c. D.14, s. 49 (1).

Idem

(2) Where a road has been added to the district road system by a by-law passed under subsection 29 (2), the District Corporation 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 District Corporation 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.  R.S.O. 1990, c. D.14, s. 49 (2).

Default

(3) If the District Corporation fails to make any payment on or before the due date required by subsection (2), the area municipality may charge the District Corporation interest at the rate of 15 per cent per year, or such lower rate as the council of the area municipality determines, from such date until payment is made.  R.S.O. 1990, c. D.14, s. 49 (3).

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 added to the district road system, the Municipal Board, upon application, may determine the matter and its decision is final.  R.S.O. 1990, c. D.14, s. 49 (4).

Stopping up highways

50. (1) Where an area municipality intends to stop up a highway or part of a highway, it shall notify by registered mail or personal service the District Corporation of its intention.  R.S.O. 1990, c. D.14, s. 50 (1); 1991, c. 15, s. 10 (1).

Agreement

(2) If the District Council 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 District Council and failing agreement the Municipal Board, upon application, may determine the matter and its decision is final.  R.S.O. 1990, c. D.14, s. 50 (2); 1991, c. 15, s. 10 (2).

Approval required to intersect district road

(3) No area municipality shall open up, establish or assume for public use any highway which intersects with or enters upon any highway in the district road system without the prior written approval of the District Corporation.  R.S.O. 1990, c. D.14, s. 50 (3).

Application of Public Transportation and Highway Improvement Act

51. Sections 101 and 111 of the Public Transportation and Highway Improvement Act apply with necessary modifications with respect to any road in the district road system.  R.S.O. 1990, c. D.14, s. 51; 1996, c. 33, s. 28.

PART VI
PLANNING

Processing of District Plan amendments

52. Where an amendment to the official plan of the District Area has been submitted to the Minister for approval and the amendment or a part thereof is not approved before the 27th day of February, 1989, the Minister or the Municipal Board, on a referral thereto, may, without any further requirement, continue to deal with the amendment or the part thereof under the Planning Act and in so doing, may allocate the amendment or the part thereof to form part of such official plan as is considered appropriate.  R.S.O. 1990, c. D.14, s. 52.

Official plan for District Area

53. The District Council shall continue to maintain in force with such amendments or revisions as it deems appropriate an official plan for the District Area.  R.S.O. 1990, c. D.14, s. 53.

PART VII
HEALTH AND WELFARE SERVICES

Liability for hospitalization of indigents

54. The District Corporation 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. D.14, s. 54.

District Area part of Muskoka-Parry Sound Health Unit

55. The District Area continues to be part of the health unit established under The Public Health Act, being chapter 377 of the Revised Statutes of Ontario, 1970, known as the Muskoka-Parry Sound Health Unit.  R.S.O. 1990, c. D.14, s. 55.

Representation on board of health

56. The representation of the District Area on the board of health of the Muskoka-Parry Sound Health Unit shall comprise one member of the council of each area municipality, who is also a member of the District Council, appointed by the District Council.  R.S.O. 1990, c. D.14, s. 56.

District Corporation deemed city under certain Acts

57. (1) For the purposes of the following Acts, the District Corporation 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.  R.S.O. 1990, c. D.14, s. 57 (1).

District Corporation deemed county under certain Acts

(2) For the purposes of the following Acts, the District Corporation shall be deemed to be a county and no area municipality shall be deemed to be a municipality:

1. Day Nurseries Act.

2. General Welfare Assistance Act.

3. Homemakers and Nurses Services Act.  R.S.O. 1990, c. D.14, s. 57 (2).

Liability respecting homes for the aged

58. (1) The District Corporation shall be deemed to be a county for the purposes of the Homes for the Aged and Rest Homes Act, and no area municipality has any authority as to the establishment, erection and maintenance of a home for the aged under such Act.  R.S.O. 1990, c. D.14, s. 58 (1).

Revenues and expenditures

(2) The revenues and expenditures of a home maintained by the District Corporation under the Homes for the Aged and Rest Homes Act may be included in the general revenues and expenditures of the District Corporation and the District Corporation shall not be required to maintain a separate bank account in relation thereto.  R.S.O. 1990, c. D.14, s. 58 (2).

Residents of Nipissing Home for the Aged

59. The District Corporation shall pay to the Board of Management of Nipissing Home for the Aged the cost of maintenance in the Nipissing Home for the Aged of every resident of that home who was admitted thereto due to residence in an area that becomes part of any area municipality.  R.S.O. 1990, c. D.14, s. 59.

Amount of maintenance payment

60. The amount payable by the District Corporation under section 59 shall be such as may be agreed upon or, failing agreement, as may be determined by the Municipal Board.  R.S.O. 1990, c. D.14, s. 60.

Area municipality not municipality under Child and Family Services Act

61. 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. D.14, s. 61.

Information

62. Every area municipality and every officer or employee thereof shall, at the request of the officers of the District Corporation 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 Part.  R.S.O. 1990, c. D.14, s. 62.

Adjustments

63. In the event that there is any doubt as to whether the District Corporation 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. D.14, s. 63.

Powers re facilities

64. (1) The District Corporation 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. 15.

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. 15.

PART VIII (ss. 65-68) Repealed:  1997, c. 8, s. 42.

PART IX
FINANCES

69. Repealed:  1997, c. 5, s. 66 (1).

Investment of money

70. (1) Sections 167.1 and 167.3 of the Municipal Act apply to the District Corporation with necessary modifications.  1996, c. 32, s. 69 (5).

Deemed municipality for purposes of Credit Unions and Caisses Populaires Act, 1994

(2) The District Corporation 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. D.14, s. 70 (2); 1994, c. 11, s. 387.

71.- 81. Repealed:  1997, c. 5, s. 66 (2).

Urban Services

Definitions

82. (1) In this section,

“cost” includes the cost of constructing, equipping, extending, enlarging, altering and replacing public works for the purpose of providing an urban service, the cost of managing, operating and maintaining such urban service, the cost of any land, buildings and equipment necessary for providing an urban service, and the cost of the issue and sale of debentures for an urban service and any discount allowed to the purchases of them; (“coût”)

“urban service” means,

(a) land drainage,

(b) the collection and removal of ashes or garbage or other refuse, or

(c) street lighting. (“service urbain”)  R.S.O. 1990, c. D.14, s. 82 (1).

Areas of urban service

(2) The council of each area municipality shall, with the approval of the Municipal Board, by by-law designate the areas in which an urban service is or is to be provided by the area municipality.  R.S.O. 1990, c. D.14, s. 82 (2).

Levy in areas

(3) The aggregate amount of the sums necessary in each year to pay the cost of an urban service in a designated area, including the area municipalities’ portion of all debenture charges for works constructed under the Local Improvement Act and debenture charges for debentures issued under any other Act in connection with such urban service, except to the extent that such cost is raised by special assessments, under any general or special Act, or otherwise, shall be levied in the manner provided by the Municipal Act upon all rateable property in the designated area and no part of the cost of providing such urban service shall be levied on any part of the area municipality lying outside the designated area.  R.S.O. 1990, c. D.14, s. 82 (3).

Reserve Funds

Reserve funds of municipalities

83. (1) Reserve funds established by local municipalities for purposes for which the District Council 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 District Corporation and the assets of such reserve funds are vested in the District Corporation.  R.S.O. 1990, c. D.14, s. 83 (1).

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 District Council 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 such reserve funds are vested in such area municipality.  R.S.O. 1990, c. D.14, s. 83 (2).

Reserve funds, establishment, etc.

84. (1) The District 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. D.14, s. 84 (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 District Corporation is permitted to invest under section 167 of the Municipal Act.  1996, c. 32, s. 69 (6).

Same

(2.1) The earnings derived from investment of the reserve fund form part of it.  1996, c. 32, s. 69 (6).

Expenditure of reserve fund money

(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 District Council.  R.S.O. 1990, c. D.14, s. 84 (3).

Auditor to report on reserve funds

(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. D.14, s. 84 (4).

Planning fund

85. (1) The District Council shall establish and maintain a planning fund.  R.S.O. 1990, c. D.14, s. 85 (1).

Purpose of fund

(2) The money in the fund established under subsection (1) may be used only to defray the costs of the District Council in exercising its powers under Part VI.  R.S.O. 1990, c. D.14, s. 85 (2).

Pollution control fund

(3) The District Council shall establish and maintain a pollution control fund and shall contribute to the fund, in each year, an amount determined in accordance with the following:

1. For 1998, the amount is the amount payable under the predecessor of this subsection for 1997.

2. For a year after 1998, the amount is determined in accordance with the following formula:

where,

“Amount” means the amount payable under this subsection;

“Tax rate” means the tax rate for the general upper-tier levy for the residential/farm property class prescribed under the Assessment Act.  1997, c. 29, s. 57 (1).

Purpose of fund

(4) The money in the fund established under subsection (3) may be used only to defray the costs of the District Council in exercising its powers under Parts III and IV and for pollution control measures undertaken in the District Area, which measures are in addition to the normal pollution control measures being undertaken by the Muskoka-Parry Sound Health Unit.  R.S.O. 1990, c. D.14, s. 85 (4).

Payment out of fund for waste disposal site

(5) Despite subsection (4), the District Council may pay out of the fund established under subsection (3) such sum as it considers desirable to an area municipality to defray in whole or in part the expenses of such area municipality in acquiring, establishing and maintaining a site for the purpose of receiving, dumping and disposal of ashes, garbage, refuse and domestic or industrial waste.  R.S.O. 1990, c. D.14, s. 85 (5).

Cost of District Council under Part IV

(6) None of the costs of the District Council in exercising its powers under Part IV shall form part of the general upper-tier levy or a special upper-tier levy except as provided in subsection (4).  R.S.O. 1990, c. D.14, s. 85 (6); 1997, c. 29, s. 57 (2).

Investments and income

(7) The money raised for a fund established under this section shall be paid into a special account, and may be invested only in securities in which the District Corporation is permitted to invest under section 167 of the Municipal Act.  1996, c. 32, s. 69 (10).

Same

(7.1) The earnings derived from investment of a fund established under this section form part of it.  1996, c. 32, s. 69 (10).

Expenditure of fund money

(8) The money raised for each fund established under this section shall not, without the approval of the Ministry, be expended, pledged or applied to any purpose other than that for which the fund was established.  R.S.O. 1990, c. D.14, s. 85 (8).

Auditor to report on funds

(9) The auditor in the auditor’s annual report shall report on the activities and position of each fund established under this section in the form prescribed by the Ministry.  R.S.O. 1990, c. D.14, s. 85 (9).

Temporary Loans

Current borrowings

86. (1) The District 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 chair and treasurer to borrow from time to time by way of promissory note or banker’s acceptance such sums as the District Council may consider necessary to meet, until the levies and other revenues are received, the current expenditures of the District Corporation for the year, including the amounts required for principal and interest falling due within the year upon any debt of the District Corporation and the sums required by law to be provided by the District Council for any local board of the District Corporation.  R.S.O. 1990, c. D.14, s. 86 (1).

Limit upon borrowings

(2) The amount that may be borrowed at any one time for the purposes mentioned in subsection (1), together with any similar 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 District Corporation as set forth in the estimates adopted for the year.  R.S.O. 1990, c. D.14, s. 86 (2); 1992, c. 15, s. 24 (1).

Temporary application of estimates of preceding 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 District Corporation as set forth in the estimates adopted for the next preceding year.  R.S.O. 1990, c. D.14, s. 86 (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. 24 (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.  R.S.O. 1990, c. D.14, s. 86 (4).

Execution of borrowing instruments

(5) A promissory note or banker’s acceptance made under the authority of this section shall be signed by the chair or by some other person authorized by by-law to sign it and by the treasurer.  R.S.O. 1990, c. D.14, s. 86 (5).

Same

(6) The signature of the chair or any other person authorized to sign promissory notes or banker’s acceptances may be printed, engraved, lithographed or otherwise mechanically reproduced.  1996, c. 32, s. 69 (14).

Creation of charge

(7) The District Council may by by-law provide or authorize the chair 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 District Corporation for the current year and for any preceding years as and when such revenues are received, provided that such charge does not defeat or affect and is subject to any prior charge then subsisting in favour of any other lender.  R.S.O. 1990, c. D.14, s. 86 (7).

Execution of agreements

(8) Any agreement entered into under subsection (7) shall be signed by the chair and treasurer.  R.S.O. 1990, c. D.14, s. 86 (8).

Penalties for excess borrowings

(9) If the District 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.  R.S.O. 1990, c. D.14, s. 86 (9).

Penalty for misapplication of revenues by District Council

(10) If the District Council authorizes the application of any revenues of the District Corporation charged under the authority of this section otherwise than in repayment of the loan secured by such charge, the members who vote for such application are personally liable for the amount so applied, which may be recovered in any court of competent jurisdiction.  R.S.O. 1990, c. D.14, s. 86 (10).

Penalty for misapplication of revenues by officials

(11) If any member of the District Council or officer of the District Corporation applies any revenues so charged otherwise than in repayment of the loan secured by such charge, he or she is personally liable for the amount so applied, which may be recovered in any court of competent jurisdiction.  R.S.O. 1990, c. D.14, s. 86 (11).

Saving as to penalties

(12) Subsections (9), (10) and (11) do not apply to the District Council or any member of the District Council or officer of the District Corporation 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 District Corporation is made with the consent of the lender in whose favour a charge exists.  R.S.O. 1990, c. D.14, s. 86 (12).

Deeming provision

(13) For the purposes of this section, where the District Corporation raises money by means of a banker’s acceptance, the District Corporation shall be deemed to be borrowing money.  R.S.O. 1990, c. D.14, s. 86 (13).

Banker’s acceptance

(14) A banker’s 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.  R.S.O. 1990, c. D.14, s. 86 (14).

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 the money is actually lent.  R.S.O. 1990, c. D.14, s. 86 (15).

Debt

Debt

87. (1) The District Council may borrow money or incur a debt for municipal purposes and may issue debentures for the money borrowed or for the debt.  1996, c. 32, s. 69 (15).

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 District Corporation.

2. The purposes of an area municipality.

3. The joint purposes of two or more area municipalities.  1996, c. 32, s. 69 (15).

Limitations

(1.2) Subsection (1) is subject to the limitations in this or any other Act.  1996, c. 32, s. 69 (15).

Liability

(2) All debentures issued pursuant to a by-law passed by the District Council under the authority of this Act are direct, joint and several obligations of the District Corporation and the area municipalities even though 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 District Corporation and of the area municipalities respectively as among themselves.  R.S.O. 1990, c. D.14, s. 87 (2).

Limitation

(3) Despite any general or special Act, no area municipality has power to issue debentures.  R.S.O. 1990, c. D.14, s. 87 (3).

(4) Repealed:  1998, c. 18, Sched. B, s. 6.

Concurrence of specified number of members of area council

88. 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 District 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 District by-law.  1996, c. 32, s. 69 (16).

Borrowing pending issue and sale of debentures

89. (1) When the District Corporation has authorized the borrowing of money and the issue of debentures for its purposes, the District 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 chair and treasurer to raise money by way of loan on the debentures and to hypothecate them for the loan.  R.S.O. 1990, c. D.14, s. 89 (1); 1992, c. 15, s. 26 (1).

Idem

(2) When the District Corporation has authorized the borrowing of money and the issue of debentures for the purposes of an area municipality, the District Council or the council of the area municipality pending the issue and sale of the debentures may, and the District 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 District Council may, or on the request of the area municipality shall, pending the sale of such debentures or in lieu of selling them, authorize the chair 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 such advance or loan to the area municipality.  R.S.O. 1990, c. D.14, s. 89 (2); 1992, c. 15, s. 26 (2).

Interest on proceeds transferred

(3) The District Corporation 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 such advance or loan.  R.S.O. 1990, c. D.14, s. 89 (3).

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 104, shall be transferred to the area municipality.  R.S.O. 1990, c. D.14, s. 89 (4).

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. D.14, s. 89 (5).

Signatures

(6) The signature of the chair or any other person authorized to sign loan agreements may be printed, engraved, lithographed or otherwise mechanically reproduced.  1996, c. 32, s. 69 (17).

Temporary borrowing

90. (1) Where the District Corporation has entered into an agreement under the Ontario Water Resources Act whereby the District Corporation is entitled to receive money from the Crown, the District 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.  R.S.O. 1990, c. D.14, s. 90 (1).

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 District Corporation under the Ontario Water Resources Act, but the lender shall not be bound to see to the application of the proceeds and, when the District Corporation has received the money to which it is entitled from the Crown under the said agreement, such money shall be applied first in repayment of the advances.  R.S.O. 1990, c. D.14, s. 90 (2).

Principal and interest payments

91. (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. D.14, s. 91 (1); 1996, c. 32, s. 69 (18).

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. D.14, s. 91 (2); 1996, c. 32, s. 69 (19).

When debenture payable

(3) A money by-law shall provide that the whole debt and any 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. 27 (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 such year, and each area municipality shall pay to the District Corporation such sums at the times and in the amounts specified in the by-law.  R.S.O. 1990, c. D.14, s. 91 (4).

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 such year to the extent that such 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.  R.S.O. 1990, c. D.14, s. 91 (5).

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. D.14, s. 91 (6).

Instalment debentures and debentures to refund existing debentures at maturity

(7) Despite subsection (5), the District 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 District Council for the repayment of the debt for which debentures were issued, commencing on the date the original debentures were issued,

and any such 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 such area municipality or municipalities as may be specified in the by-law, and such levy shall be levied against the same area municipality or municipalities in each case.  R.S.O. 1990, c. D.14, s. 91 (7); 1992, c. 15, s. 27 (2); 1996, c. 32, s. 69 (20).

Levy

(8) Any special levy against an area municipality imposed by the by-law under 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.  R.S.O. 1990, c. D.14, s. 91 (8).

Levies a debt

(9) All levies imposed by the by-law against an area municipality are a debt of the area municipality to the District Corporation.  R.S.O. 1990, c. D.14, s. 91 (9).

By-law to change mode of issuing debentures

(10) The District 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 District 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. D.14, s. 91 (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.  1996, c. 32, s. 69 (21).

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.  1996, c. 32, s. 69 (21).

Same

(13) Every debenture in a set or issue of debentures shall bear the same date.  1996, c. 32, s. 69 (21).

Extension of time for issue

(14) The District Council may by by-law extend the date for an issue of debentures or sets of them.  1996, c. 32, s. 69 (21).

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. 69 (21).

(16) Repealed:  1996, c. 32, s. 69 (21).

Consolidation

(17) Despite any general or special Act, the District 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.  R.S.O. 1990, c. D.14, s. 91 (17).

Consolidating debenture by-laws

(18) Section 143 of the Municipal Act applies with necessary modifications to the District Corporation.  R.S.O. 1990, c. D.14, s. 91 (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 District Corporation 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 such 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 such date interest ceases to accrue thereon where provision is duly made for the payment of the 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 such 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 such redemption, notice of intention so to redeem shall be published in The Ontario Gazette and in a daily newspaper of general circulation in the District Area 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, such portion shall comprise only the debentures that have the latest maturity dates and no debentures issued under the by-law shall be called for such redemption in priority to any such debenture that has a later maturity date.

6. Where a debenture is redeemed on a date prior to maturity, such redemption 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 District Council to continue to levy and collect from any area municipality the subsequent payments of principal and interest payable by it to the District Council in respect of the debenture so redeemed.  R.S.O. 1990, c. D.14, s. 91 (19); 1992, c. 15, s. 27 (3).

(20) Repealed:  1996, c. 32, s. 69 (22).

(21) Repealed:  1996, c. 32, s. 69 (22).

(22) Repealed:  1996, c. 32, s. 69 (22).

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. 69 (23).

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 District Corporation 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. D.14, s. 91 (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 District Corporation and such other members appointed by the District Council as it considers appropriate, and the appointed members may be paid, out of the current fund of the District Corporation, such annual remuneration as the District Council determines.  R.S.O. 1990, c. D.14, s. 91 (25); 1991, c. 15, s. 12 (1).

Alternate members

(26) The District 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 District Corporation, such remuneration as the District Council determines.  R.S.O. 1990, c. D.14, s. 91 (26).

Chair

(27) The treasurer of the District Corporation shall be the chair and 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.  R.S.O. 1990, c. D.14, s. 91 (27).

Security

(28) Each member of the sinking fund committee shall, before entering into the duties of his or her 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 District Corporation shall determine, and in other respects section 92 of the Municipal Act applies with respect to such security.  R.S.O. 1990, c. D.14, s. 91 (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. D.14, s. 91 (29); 1991, c. 15, s. 12 (2).

Control of sinking fund assets

(30) All assets of the sinking funds, including all consolidated bank accounts, shall be under the sole control and management of the sinking fund committee.  R.S.O. 1990, c. D.14, s. 91 (30).

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.  R.S.O. 1990, c. D.14, s. 91 (31).

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. D.14, s. 91 (32).

Same

(33) The money in the consolidated bank accounts shall be invested in securities in which the District Corporation is permitted to invest under section 167 of the Municipal Act.  1996, c. 32, s. 69 (24).

(34) Repealed:  1996, c. 32, s. 69 (24).

(35) Repealed:  1996, c. 32, s. 69 (24).

Sinking fund accounts

(36) All sinking fund debentures issued on the same date, payable in the same currency, and maturing on the same date, even though 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. D.14, s. 91 (36).

Earnings credited to sinking fund account

(37) That proportion 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 such earnings by the amount of the compounded interest for that year under subsection (23) with respect to the principal raised up to and including such 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 such year for all outstanding sinking fund debentures,

shall be credited to the sinking fund account mentioned in clause (a).  R.S.O. 1990, c. D.14, s. 91 (37); 1996, c. 32, s. 69 (28).

Sinking fund requirements

(38) The treasurer of the District Corporation shall prepare and lay before the District Council in each year, before the annual district levies are made, a statement showing the sums that the District Council will be required by by-law to raise for sinking funds in that year.  R.S.O. 1990, c. D.14, s. 91 (38).

Offence

(39) If the treasurer of the District Corporation contravenes subsection (24) or (38), he or she is guilty of an offence.  R.S.O. 1990, c. D.14, s. 91 (39).

Failure to levy

(40) If the District Council neglects in any year to levy the amount required to be raised for a sinking fund, each member of the District Council is disqualified from holding any municipal office for two years, unless the member shows that he or she made reasonable efforts to procure the levying of such amount.  R.S.O. 1990, c. D.14, s. 91 (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 District 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. 69 (29).

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 District Corporation or otherwise than is provided in this section.  R.S.O. 1990, c. D.14, s. 91 (42).

Surplus

(43) When there is a surplus in a sinking fund account, the sinking fund committee may, with the approval of the District 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).  1996, c. 32, s. 69 (30).

Purposes

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

1. Retirement of unmatured debentures of the District Corporation 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 District Corporation 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 funds of the District Corporation or of an area municipality.  1996, c. 32, s. 69 (30).

Proportion

(43.2) The surplus shall be used under clause (43) (a) or (b) for the purposes of the District Corporation 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. 69 (30).

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 District Corporation 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. D.14, s. 91 (44).

Application

(44.1) Subsections 144 (2.1) to (2.3) of the Municipal Act apply with necessary modifications to the District Corporation.  1992, c. 15, s. 27 (8).

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 such debentures shall be known as term debentures.  R.S.O. 1990, c. D.14, s. 91 (45); 1992, c. 15, s. 27 (9); 1996, c. 32, s. 69 (31).

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.  R.S.O. 1990, c. D.14, s. 91 (46).

Retirement fund administration

(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 such retirement fund.  R.S.O. 1990, c. D.14, s. 91 (47).

All debentures to rank proportionately

(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 District Corporation except as to the availability of any sinking funds applicable to any particular issue of debentures.  R.S.O. 1990, c. D.14, s. 91 (48); 1996, c. 32, s. 69 (32).

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

92. Despite this Act,

(a) a money by-law of the District 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 District Corporation to redeem by lot annually on each anniversary of the date of such debentures a specified principal amount of such debentures upon payment by the District Corporation 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 such date, interest ceases to accrue thereon where provision is duly made by the District Corporation 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 such debentures shall be selected by lot by the treasurer of the District Corporation in such manner as may be prescribed by by-law of the District 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 District Corporation, 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 such 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 such 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 District Corporation to redeem by lot annually a specified principal amount of such 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. D.14, s. 92; 1992, c. 15, s. 28.

Application of Municipal Act

93. Section 141 of the Municipal Act applies with necessary modifications to the District Corporation.  R.S.O. 1990, c. D.14, s. 93.

Application of Municipal Act

94. (1) Subsection 149 (1) of the Municipal Act applies with necessary modifications to the District Council.  R.S.O. 1990, c. D.14, s. 94 (1).

Hypothecation not a sale under this section

(2) For the purposes of this section, the hypothecation of debentures under section 89 shall not constitute a sale or other disposal thereof.  R.S.O. 1990, c. D.14, s. 94 (2).

Consolidation of debentures

(3) The District 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.  R.S.O. 1990, c. D.14, s. 94 (3).

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 District Council to continue to levy and collect from any area municipality the subsequent payments of principal and interest payable by it to the District Council.  R.S.O. 1990, c. D.14, s. 94 (4).

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

95. (1) Where part only of a sum of money provided for by a by-law has been raised, the District Council may repeal the by-law as to any part of the residue, and as to a proportionate part of the amounts to be raised annually.  R.S.O. 1990, c. D.14, s. 95 (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. 69 (33).

Until debt paid certain by-laws cannot be repealed

96. (1) Subject to section 95, after a debt has been contracted under a by-law, the District 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 alter any such by-law so as to diminish the amount to be raised annually and shall not apply to any other purpose any money of the District Corporation that has been directed to be applied to such payment.  R.S.O. 1990, c. D.14, s. 96 (1).

Application of payments

(2) When the District Corporation, 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. D.14, s. 96 (2).

Offence for neglect of officer to carry out by-law

97. Any officer of the District Corporation whose duty it is to carry into effect any of the provisions of a money by-law of the District Corporation 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. D.14, s. 97.

Money by-laws may be registered

98. (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 or her hand and the seal of the District Corporation in the Land Registry Office for the Registry Division of Muskoka (No. 35).  R.S.O. 1990, c. D.14, s. 98 (1).

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 such application has been made or action brought, is registered in such registry office within such period of three months, or one month, as the case may be.  R.S.O. 1990, c. D.14, s. 98 (2).

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.  R.S.O. 1990, c. D.14, s. 98 (3).

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.  R.S.O. 1990, c. D.14, s. 98 (4).

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 such 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. D.14, s. 98 (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 subsection 91 (5) has not been substantially complied with.  R.S.O. 1990, c. D.14, s. 98 (6); 1996, c. 32, s. 69 (34).

Failure to register

(7) Failure to register a by-law as prescribed by this section does not invalidate it.  R.S.O. 1990, c. D.14, s. 98 (7).

Execution

99. (1) A debenture shall bear,

(a) the seal of the District Corporation; and

(b) the signatures of,

(i) the chair, or another person authorized to sign by a by-law of the District Council, and

(ii) the treasurer.  1996, c. 32, s. 69 (35).

To whom payable

(2) A debenture may be made payable to bearer or to a named person or bearer.  1996, c. 32, s. 69 (35).

Full amount recoverable

(3) The full amount of a debenture is recoverable even if it was negotiated at a discount by the District Corporation.  1996, c. 32, s. 69 (35).

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.  1996, c. 32, s. 69 (35).

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.  1996, c. 32, s. 69 (35).

Interest coupons

(6) Interest coupons, each bearing the treasurer’s signature, may be attached to a debenture.  1996, c. 32, s. 69 (35).

Applications of subss. (4) and (5)

(7) Subsections (4) and (5) also apply to the execution of interest coupons.  1996, c. 32, s. 69 (35).

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

100. 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 District Corporation, the by-law and the debentures issued under it are valid and binding upon the District Corporation.  R.S.O. 1990, c. D.14, s. 100.

Mode of transfer may be prescribed

101. (1) Where a debenture contains or has endorsed upon it a provision 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 by such other person authorized by by-law of this Corporation to endorse such certificate of ownership), transferable except by entry by the treasurer (or by such other person so authorized) in the debenture registry of the Corporation at the

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

the treasurer (or such other person 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 such debenture.  R.S.O. 1990, c. D.14, s. 101 (1); 1992, c. 15, s. 30 (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 such corporation, or its successors, which authority shall be retained and filed by the treasurer.  R.S.O. 1990, c. D.14, s. 101 (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 by such other person so authorized) in the debenture registry as and when a transfer of the debenture is authorized by the then owner of it or the owner’s executors or administrators or the owner’s or the executors’ or administrators’ attorney and, if the then owner of it is a corporation, the written authority of such corporation, or its successors.  R.S.O. 1990, c. D.14, s. 101 (3); 1992, c. 15, s. 30 (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. 30 (3).

Where debenture registry may be maintained outside Canada

(5) Where debentures are payable in a currency other than that of Canada, the District Council may provide that the debenture registry of the District Corporation 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 District Council considers appropriate.  R.S.O. 1990, c. D.14, s. 101 (5); 1992, c. 15, s. 30 (4).

Records storage

101.1 (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 101 (1).

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

3. Particulars of the cancellation and destruction of debentures under subsection 103 (4) and the issuance of any new debentures in exchange.  1992, c. 15, s. 31.

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 98 (1).  1992, c. 15, s. 31.

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. 31.

Replacement of lost debentures

102. Where a debenture is defaced, lost or destroyed, the District 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. D.14, s. 102.

Exchange of debentures

103. (1) On request of the holder of any debenture issued by the District Corporation, the treasurer of the District Corporation may issue and deliver to such holder a new debenture or new debentures in exchange therefor for the same aggregate principal amount.  R.S.O. 1990, c. D.14, s. 103 (1).

On request of sinking fund committee

(2) On the request of the sinking fund committee, the treasurer of the District Corporation may, as provided in this section, exchange debentures heretofore or hereafter issued by the District Corporation.  R.S.O. 1990, c. D.14, s. 103 (2).

New debentures of same force and effect as debentures surrendered

(3) Any new debentures 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. D.14, s. 103 (3).

Duty of treasurer

(4) When a debenture is surrendered for exchange under subsection (2), the treasurer of the District Corporation 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. 69 (36).

Application of proceeds of debentures

104. (1) The money received by the District Corporation from the sale or hypothecation of any debentures to the extent that such 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. D.14, s. 104 (1).

Idem

(2) None of the money received by the District Corporation from the sale or hypothecation of any debentures shall be applied towards payment of the current or other expenditures of the District Corporation or an area municipality.  R.S.O. 1990, c. D.14, s. 104 (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 such debentures are redeemable prior to maturity at the option of the District Corporation, to redeem one or more of the debentures having the latest maturity date;

(b) to reduce the next annual levy on account of principal and interest payable with respect to such 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 District Corporation, provided that the principal and interest charges of such debentures are levied upon the assessment of the same class of rate-payers 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. D.14, s. 104 (3); 1996, c. 32, s. 69 (37).

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 such 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. D.14, s. 104 (4); 1996, c. 32, s. 69 (38).

Use of proceeds of sale of assets acquired from proceeds of sale of debentures

105. Where real or personal property acquired out of money received by the District Corporation from the sale or hypothecation of any debentures is disposed of by sale or otherwise, the net proceeds of such disposal shall be applied as an excess in accordance with subsection 104 (3) or may be applied to meet the whole or a portion of any other 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 debentures issued in respect of the property disposed of or sold.  R.S.O. 1990, c. D.14, s. 105; 1996, c. 32, s. 69 (39).

Tenders for debentures

106. When the District Corporation intends to borrow money on debentures under this or any other Act, the District 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. D.14, s. 106.

Accounts, how to be kept

107. (1) The District 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.  R.S.O. 1990, c. D.14, s. 107 (1).

Consolidated interest account

(2) The District 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. D.14, s. 107 (2).

Application of surplus money

108. 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 such debt, it shall so remain until required in due course for the payment of interest or in payment of the principal.  R.S.O. 1990, c. D.14, s. 108.

Liability members

109. (1) If the District Council applies any money raised for a special purpose or collected for a sinking fund in paying current or other expenditure, the members who vote for such application are personally liable for the amount so applied, which may be recovered in any court of competent jurisdiction.  R.S.O. 1990, c. D.14, s. 109 (1).

Action by ratepayer

(2) If the District 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 District Area.  R.S.O. 1990, c. D.14, s. 109 (2).

Disqualification

(3) The members who vote for such application are disqualified from holding any municipal office for two years.  R.S.O. 1990, c. D.14, s. 109 (3).

Refinancing of debentures

110. When, by or under the authority of this Act, the District Corporation 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 District Corporation may,

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

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

(c) purchase, by agreement with the owner or owners thereof, all such debentures of a single issue of the area municipality, and issue new debentures of the District Corporation to raise the money required to complete such purchase.  R.S.O. 1990, c. D.14, s. 110; 1996, c. 32, s. 69 (40, 41).

111. Repealed:  1996, c. 32, s. 69 (42).

PART X
GENERAL

Application of Municipal Act

112. (1) Section 5, Parts XIII, XIV and XIX, section 103, subsection 104 (1), sections 105, 111, 113, 115, 116, 121, 126, subsection 163 (3), section 188, paragraphs 3, 11, 12, 23, 24, 30, 50, 51 and 55 of section 207, subparagraph (iii) of paragraph 69 and paragraph 131 of section 210 and paragraph 10 of section 314 of the Municipal Act apply with necessary modifications to the District Corporation, and, for the purposes of section 257 of the Municipal Act, the District Corporation shall be deemed to be a local municipality.  R.S.O. 1990, c. D.14, s. 112 (1); 1991, c. 15, s. 13; 1992, c. 15, s. 33.

Exceptions

(2) Sections 10 and 11 and subsection 14 (2) of the Municipal Act do not apply to any area municipality.  R.S.O. 1990, c. D.14, s. 112 (2).

Nuisances

(3) The District Corporation shall be deemed to be a local municipality for the purpose of paragraph 140 of section 210 of the Municipal Act.  R.S.O. 1990, c. D.14, s. 112 (3).

Purchasing or renting machinery

(4) The District Corporation shall be deemed to be, and to have always been, a municipality for the purposes of section 311 of the Municipal Act.  R.S.O. 1990, c. D.14, s. 112 (4).

Delegation of approval and consents

(5) Despite this Act, the District Council may pass by-laws authorizing the head of the department concerned to grant such of the approvals and consents required by subsection 34 (2) as are designated in the by-law, and any such by-law may prescribe terms and conditions under which any such approval or consent may be granted.  R.S.O. 1990, c. D.14, s. 112 (5).

Application of Charities Accounting Act

(6) The District Corporation shall be deemed to be a municipal corporation for the purposes of section 9 of the Charities Accounting Act.  R.S.O. 1990, c. D.14, s. 112 (6).

By-laws to remain in force

(7) Every by-law of a local municipality as it exists on the 31st day of December, 1970, shall remain in force in the area of the former local municipality on and after the 1st day of January, 1971, until repealed by the council of an area municipality as it affects such area municipality.  R.S.O. 1990, c. D.14, s. 112 (7).

Expenditures for diffusing information

113. The District Corporation may make expenditures for the purpose of diffusing information respecting the advantages of the district municipality as an industrial, business, educational, residential or vacation centre.  R.S.O. 1990, c. D.14, s. 113.

Payment of damages to employees

114. Where, in an action or by the settlement of a claim arising out of an injury to an employee or to any person deemed an employee for the purposes of the insurance plan established under the Workplace Safety and Insurance Act, 1997, the District Corporation recovers damages from a third person, such damages or any portion thereof may be paid to such employee or person or, in the event of his or her death, to one or more dependants, upon such terms and conditions as the District Corporation may impose.  R.S.O. 1990, c. D.14, s. 114; 1997, c. 16, s. 4.

Investigation by judge of charges of malfeasance

115. (1) Where the District 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 District Council, or an officer or employee of the District Corporation, 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 District Corporation, or to inquire into or concerning any matter connected with the good government of the District Corporation or the conduct of any part of its public business, including any business conducted by a local board of the District Corporation, the judge shall make the inquiry and for that purpose has the powers of a commission under Part II of the Public Inquiries Act, which Part applies to the inquiry as if it were an inquiry under that Act, and he or she shall with all convenient speed report to the District Council the result of the inquiry and the evidence taken.  R.S.O. 1990, c. D.14, s. 115 (1).

Engaging counsel

(2) The District Council may engage and pay counsel to represent the District Corporation, and may pay all proper witness fees to persons summoned to give evidence at the instance of the District Corporation, and any person charged with malfeasance, breach of trust or other misconduct, or whose conduct is called in question on such investigation or inquiry, may be represented by counsel.  R.S.O. 1990, c. D.14, s. 115 (2).

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 District Corporation shall pay the costs thereof.  R.S.O. 1990, c. D.14, s. 115 (3).

116. Repealed:  1996, c. 32, s. 69 (43).

Entry on highways

117. The District Corporation 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 such highways, lanes and other public communications shall be restored to their original condition without unnecessary delay.  R.S.O. 1990, c. D.14, s. 117.

Agreements re services

118. The District Corporation and any area municipality may enter into agreements for the use within any part of the District Area of the services of their respective officers, employees and equipment.  R.S.O. 1990, c. D.14, s. 118.

Application of Assessment Act

119. (1) For the purposes of paragraph 9 of section 3 and section 27 of the Assessment Act, the District Corporation shall be deemed to be a municipality.  R.S.O. 1990, c. D.14, s. 119 (1).

District Corporation and area municipalities not deemed tenants

(2) For the purposes of paragraph 9 of section 3 of the Assessment Act, where property belonging to the District Corporation is occupied by an area municipality or where property belonging to an area municipality is occupied by the District Corporation or another area municipality, the occupant shall not be deemed to be a tenant or lessee, whether rent is paid for such occupation or not.  R.S.O. 1990, c. D.14, s. 119 (2).

Definitions

(3) In subsection (2),

“District Corporation” and “area municipality” include a local board thereof.  R.S.O. 1990, c. D.14, s. 119 (3).

Executions against District Corporation

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

1. The sheriff shall deliver a copy of the writ and endorsement to the treasurer of the District Corporation, or leave such copy at the office or dwelling place of that officer, 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 District Council 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 such 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 rates 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 such rate and shall by the precept, after reciting the writ and that the District Corporation has neglected to satisfy the same, and referring to the roll annexed to the precept, command the collector to levy such rate at the time and in the manner by law required in respect of the general annual rates.

5. If at any time for levying the annual rates next after the receipt of such 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 rate in A.B. vs. The District Municipality of Muskoka” or “Execution rate in A.B. vs. The District Municipality of Muskoka/Impôt relatif à l’exécution forcée dans l’affaire de A.B. c. La municipalité de district de Muskoka”, adding a similar column for each execution if more than one, and shall insert therein the amount by such precept required to be levied upon each person respectively, and shall levy the amount of such 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.  R.S.O. 1990, c. D.14, s. 120 (1).

Functions of clerk, etc.

(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 such execution, be deemed 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. D.14, s. 120 (2).

Settling of doubts

121. In the event of any doubt as to whether any particular asset or liability is vested in the District Corporation 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 such power.  R.S.O. 1990, c. D.14, s. 121.

Conditional powers

122. 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 intent and purposes of this Act.  R.S.O. 1990, c. D.14, s. 122.

Conflict with other Acts

123. 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.  R.S.O. 1990, c. D.14, s. 123.

Municipal buildings

124. (1) The District Corporation or an area municipality or the District Corporation 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 District Corporation or the District Corporation and one or more area municipalities or any local board thereof.  R.S.O. 1990, c. D.14, s. 124 (1).

Application of Municipal Act

(2) Section 124 of the Municipal Act applies with necessary modifications to any joint undertaking under this section.  R.S.O. 1990, c. D.14, s. 124 (2).

District Fire Co-ordinator

125. The District Corporation shall appoint a District Fire Co-ordinator who shall be responsible for the establishment of an emergency fire service plan and program for the District Area, and the District Corporation is authorized to expend such sums as it considers necessary to implement such plan and program.  R.S.O. 1990, c. D.14, s. 125.

Emergency response services

125.1 The District 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. 34.

Recreation and parks management boards

126. The Minister may by order, on the request of any area municipality, dissolve any board of a community recreation centre or board of recreation or park management of the area municipality and transfer the assets and liabilities of such board to the area municipality and may deem the council of the area municipality 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. D.14, s. 126.

Deemed municipality under Municipal Act

127. (1) The District Corporation shall be deemed to be a local municipality for the purposes of paragraph 10 of section 207 of the Municipal Act.  R.S.O. 1990, c. D.14, s. 127 (1).

Deemed regional municipality

(2) The District Corporation shall be deemed to be a regional municipality for the purposes of the Tile Drainage Act and the Conservation Authorities Act.  R.S.O. 1990, c. D.14, s. 127 (2).

Waste management

128. (1) Sections 149 to 159 of the Regional Municipalities Act apply, with necessary modifications, to the District Corporation.  1993, c. 20, s. 7.

By-law not applicable

(2) A by-law passed under paragraph 135 of section 210 of the Municipal Act does not apply to the District Corporation.  1993, c. 20, s. 7.

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 areas in the District Area that, on the 31st day of December, 1970, formed part of a town, village or township municipality shall be deemed to continue to form part of a town, village or township municipality.  R.S.O. 1990, c. D.14, s. 129 (1).

By-laws of District Council and area councils

(2) Despite subsection (1), the District 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.  R.S.O. 1990, c. D.14, s. 129 (2).

Certain by-laws continued

(3) Every by-law passed by the council of a municipality under any provision of section 59 of The Highway Traffic Act, being chapter 172 of the Revised Statutes of Ontario, 1960, that applied, on the 31st day of December, 1970, to any highway or portion thereof within the District Area shall continue to apply thereto until a by-law passed by the District Council or the council of an area municipality under section 128 of the Highway Traffic Act applies thereto.  R.S.O. 1990, c. D.14, s. 129 (3).

Transer of power

130. (1) Repealed:  1998, c. 15, Sched. E, s. 9 (1).

Powers of utilities commissions transferred to area municipality or District Corporation

(2) The public utilities commissions that have control and management of the distribution and supply of electrical power and energy and hydro-electric commissions within the District Area are continued until such date as the Minister may by order designate as local boards of the area municipality in which they have jurisdiction, and the powers and duties of every such public utility commission, except with respect to the distribution and supply of electrical power and energy are powers and duties of an area municipality or the District Corporation as required by this Act.  R.S.O. 1990, c. D.14, s. 130 (2).

(3) Repealed:  R.S.O. 1990, c. D.14, s. 130 (3.3).  See:  1998, c. 15, Sched. E, s. 9 (2).

(3.1) Repealed:  R.S.O. 1990, c. D.14, s. 130 (3.3).  See:  1998, c. 15, Sched. E, s. 9 (2).

(3.2) Repealed:  R.S.O. 1990, c. D.14, s. 130 (3.3).  See:  1998, c. 15, Sched. E, s. 9 (2).

(3.3) Spent:  1998, c. 15, Sched. E, s. 9 (2).

Members of commissions continued in office

(4) The members of a public utilities commission or a hydro-electric commission referred to in subsection (2), including members by virtue of office, who hold office when this section comes into force, shall continue to hold office until such date as the Minister may by order designate, and in addition to such members, the mayor elected for the area municipality in which such a commission operates shall also be a member of such commission.  R.S.O. 1990, c. D.14, s. 130 (4).

Waterworks, sewage systems not to be entrusted to commissions

(5) No area municipality shall entrust the construction, control and management of a waterworks or sewage system to any public utilities commission.  R.S.O. 1990, c. D.14, s. 130 (5).

FORM 1

(Subsection 10 (6))

Oath of Allegiance

I,. ....................................., having been elected (or appointed) as chair of the council of The District Municipality of Muskoka, 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. D.14, Form 1.

FORM 2

(Subsection 10 (6))

DECLARATION OF QUALIFICATION BY CHAIR

I, ......................................, having been elected (or appointed) as chair of the council of The District Municipality of Muskoka, declare that:

1. I am a Canadian citizen.

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

3. I am not an officer or employee of any area municipality or any 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. D.14, Form 2.

_______________

 

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