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Ministry of Municipal Affairs and Housing Act

R.S.O. 1990, CHAPTER M.30

Consolidation Period:  From April 1, 2015 to the e-Laws currency date.

Last amendment: 2014, c. 7, Sched. 21.

Legislative History: 1993, c. 27, Sched.; 2002, c. 17, Sched. F, Table; 2006, c. 32, Sched. E, s. 4; 2014, c. 7, Sched. 21.

Definitions

1. In this Act,

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

“Minister” means the member of the Executive Council responsible for the administration of this Act; (“ministre”)

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

“municipality” means a municipality and a local board, both as defined in section 1 of the Municipal Affairs Act. (“municipalité”)  R.S.O. 1990, c. M.30, s. 1; 2002, c. 17, Sched. F, Table.

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

2002, c. 17, Sched. F, Table - 01/01/2003

Ministry

2. There shall be a ministry of the public service to be known in English as the Ministry of Municipal Affairs and Housing and in French as ministère des Affaires municipales et du Logement.  R.S.O. 1990, c. M.30, s. 2.

Minister to have charge

3. The Minister shall preside over and have charge of the Ministry and has power to act for and on behalf of the Ministry.  R.S.O. 1990, c. M.30, s. 3.

Functions of Minister

4. (1) The Minister is responsible for the policies and programs of the Government of Ontario in relation to,

(a) municipal affairs, including the co-ordination of programs of financial assistance to municipalities;

(b) community planning, community development, maintenance and improvement of the built environment and land development; and

(c) housing and related matters.

Implementation of policies and programs

(2) The Minister may take such measures as he or she considers appropriate to implement any policy or program referred to in subsection (1), including entering into any agreements for such purpose with any municipality or with any other person.

Power of municipalities to enter into agreements

(3) A municipality may enter into and perform agreements with the Minister under subsection (2).

Administration of Acts

(4) The Minister is responsible for the administration of this Act and the Acts that are assigned to him or her by the Legislature or by the Lieutenant Governor in Council.

Advances, grants, etc.

(5) The Minister, out of money appropriated therefor by the Legislature,

(a) may make any advances, grants and loans and provide any other financial assistance that may be made or provided by the Lieutenant Governor in Council under section 2 of the Housing Development Act; or

(b) may make advances, grants and loans and provide other financial assistance to assist in the implementation of the policies and programs referred to in clauses (1) (b) and (c).

Exercise of Ministry powers

(6) The Minister may exercise the powers conferred on the Ministry in any general or special Act for which the Minister is responsible.

Annual report

(7) The Minister after the close of each year shall submit to the Lieutenant Governor in Council an annual report upon the affairs of the Ministry and shall then lay the report before the Assembly if it is in session or, if not, at the next session.  R.S.O. 1990, c. M.30, s. 4.

Deputy Minister

5. (1) The Lieutenant Governor in Council shall appoint a Deputy Minister of Municipal Affairs and Housing who shall be the deputy head of the Ministry.

Idem

(2) Under the direction of the Minister, the Deputy Minister shall perform such duties as the Minister may assign or delegate to the Deputy Minister.  R.S.O. 1990, c. M.30, s. 5.

Delegation of powers and duties

6. (1) Where, under this or any other Act, a power or duty is granted to or vested in the Minister, he or she may in writing delegate that power or duty to the Deputy Minister or to any employee of the Ministry or a Crown agency described in subsection 8 (1) or an officer of such a Crown agency, subject to such limitations, restrictions, conditions and requirements as the Minister may set out in the delegation. R.S.O. 1990, c. M.30, s. 6 (1); 1993, c. 27, Sched.

Contracts and agreements

(2) Despite the Executive Council Act, a contract or an agreement made by a person empowered to do so under a delegation made under subsection (1) has the same effect as if made and signed by the Minister.  R.S.O. 1990, c. M.30, s. 6 (2).

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

1993, c. 27, Sched. - 31/12/1991

Protection from personal liability

7. (1) No action or other proceeding for damages shall be instituted against the Deputy Minister or any employee of the Ministry, or anyone acting under the Deputy Minister’s authority for any act done in good faith in the execution or intended execution of the person’s duty, or for any alleged neglect or default in the execution in good faith of the person’s duty.

Crown liability

(2) Subsection (1) does not, by reason of subsections 5 (2) and (4) of the Proceedings Against the Crown Act, relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (1) to which it would otherwise be subject, and the Crown is liable under that Act for any such tort in a like manner as if subsection (1) had not been enacted.  R.S.O. 1990, c. M.30, s. 7.

Control over Crown agencies

8. (1) Where, under this or any other Act, the Minister is made responsible for the administration of a Crown agency or for the administration of an Act relating to a Crown agency, the Minister may give policy direction to that agency and the agency shall follow the direction.  R.S.O. 1990, c. M.30, s. 8 (1).

(2) Repealed: 2014, c. 7, Sched. 21, s. 1.

Idem

(3) The Minister may, by order, divest the Ontario Mortgage and Housing Corporation of all its rights under any agreement mentioned in section 6 of the Ontario Mortgage and Housing Corporation Act and, where an order is made divesting the Corporation of its rights under such an agreement, the rights of the Corporation become vested in Her Majesty in right of Ontario and all obligations under the agreement become obligations of Her Majesty in right of Ontario.  R.S.O. 1990, c. M.30, s. 8 (3); 2006, c. 32, Sched. E, s. 4 (2).

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

2006, c. 32, Sched. E, s. 4 (1, 2) - 20/12/2006

2014, c. 7, Sched. 21, s. 1 - 01/04/2015

Facsimile signature authorized

9. (1) The Minister may authorize the use of a facsimile of his or her signature and the Deputy Minister may authorize the use of a facsimile of his or her signature on any document except an affidavit or a statutory declaration.

Idem

(2) A facsimile of the signature of the Minister or the Deputy Minister affixed to a document under an authorization made under subsection (1) shall be deemed to be the signature of the Minister or the Deputy Minister, as the case may be.  R.S.O. 1990, c. M.30, s. 9.

Seal

10. (1) The Lieutenant Governor in Council may authorize a seal for the Minister and prescribe its use on documents.

Idem

(2) The seal may be reproduced by engraving, lithographing, printing or any other method of mechanical reproduction and, when so produced, has the same force and effect as if manually affixed.  R.S.O. 1990, c. M.30, s. 10.

Advisory committees

11. The Minister may establish advisory committees to the Minister and sub-committees thereto, appoint chairs and other members of such committees and sub-committees and fix the remuneration and expenses of the chairs and other members of committees and sub-committees.  R.S.O. 1990, c. M.30, s. 11.

Note: The Ministry of Municipal Affairs and the Ministry of Housing were established in 1985. The powers and duties of the Minister under this Act were transferred to the ministers responsible for those ministries. See O. Regs. 374/85 and 375/85.

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