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St. Clair Parkway Commission Act, R.S.O. 1990, c. S.23, St. Clair Parkway Commission Act



St. Clair Parkway Commission Act

R.S.O. 1990, CHAPTER S.23

Note: This Act was repealed on April 27, 2001. See: 2000, c. 44, ss. 15, 16.

Amended by: 1994, c. 27, s. 106; 1996, c. 32, s. 98; 1997, c. 29, s. 71; 1997, c. 36, s. 3; 2000, c. 44, s. 15.

(NOTE: By Order in Council made March 5, 2001, the powers and duties of the Minister were transferred to the Minister of Tourism, Culture and Recreation.)

Definitions

1. In this Act,

“Commission” means The St. Clair Parkway Commission; (“Commission”)

“Minister” means the Minister of Tourism and Recreation or such other member of the Executive Council to whom the administration of this Act is assigned by the Lieutenant Governor in Council; (“ministre”)

“Parks” means all land and interests in land in the counties of Kent and Lambton and in the cities of Chatham and Sarnia hereafter acquired by, vested in or placed under the control of the Commission, including highways, roads and boulevards; (“parcs”)

“participating municipalities” means The Corporation of the County of Kent, The Corporation of the County of Lambton, The Corporation of the City of Chatham and The Corporation of the City of Sarnia. (“municipalités participantes”) R.S.O. 1990, c. S.23, s. 1.

Commission continued, composition

2. (1) The corporation without share capital known in English as The St. Clair Parkway Commission and in French as Commission de la promenade Sainte-Claire is continued and shall be composed of not more than eleven members as follows:

(a) two persons appointed annually by the council of the County of Lambton;

(b) two persons appointed annually by the council of the City of Sarnia;

(c) one person appointed annually by the council of the County of Kent;

(d) one person appointed annually by the council of the City of Chatham; and

(e) not more than five persons appointed by the Lieutenant Governor in Council for terms of not more than three years,

but each member shall hold office until his or her successor is appointed. R.S.O. 1990, c. S.23, s. 2 (1).

Chair and vice-chair

(2) The Lieutenant Governor in Council shall designate one member as chair and may designate one member as vice-chair. R.S.O. 1990, c. S.23, s. 2 (2).

Remuneration

(3) The chair, the vice-chair, if any, and the other members of the Commission may be paid such remuneration as is fixed by the Lieutenant Governor in Council. R.S.O. 1990, c. S.23, s. 2 (3).

Acting chair

(4) In the case of the absence or illness of the chair or of there being a vacancy in the office of chair, the vice-chair or, if none, such member of the Commission as the Commission designates for such purpose shall act as and have all the powers of the chair. R.S.O. 1990, c. S.23, s. 2 (4).

Vacancies

(5) Where a vacancy occurs on the Commission, the body that made the appointment of the member whose office is vacant may appoint a member to hold office for the remainder of the term of his or her predecessor. R.S.O. 1990, c. S.23, s. 2 (5).

Members of Assembly

(6) Despite the Legislative Assembly Act, any member of the Assembly may be appointed as a member of the Commission and is entitled to act as such and receive remuneration therefor without thereby vacating or forfeiting his or her seat or incurring any other penalty for sitting or voting as a member of the Assembly. R.S.O. 1990, c. S.23, s. 2 (6).

Members of council

(7) Subsection 37 (1) of the Municipal Act does not apply to a member of a municipal council by reason only of his or her being a member of the Commission or of his or her being entitled to or receiving remuneration as a member of the Commission. R.S.O. 1990, c. S.23, s. 2 (7).

Quorum

(8) The powers of the Commission may be exercised by a quorum of not fewer than seven members, but, where the number of members present at a meeting is fewer than ten, any decision of the Commission must have the approval of at least five members. R.S.O. 1990, c. S.23, s. 2 (8).

Local board

(9) The Commission is a local board within the meaning of the Municipal Affairs Act. R.S.O. 1990, c. S.23, s. 2 (9).

Objects

3. (1) The objects of the Commission are to maintain and operate the Parks for the use and enjoyment of the public. 1994, c. 27, s. 106.

Powers

(2) The Commission has the capacity, rights, powers and privileges of a natural person in carrying out its objects. 1994, c. 27, s. 106.

Power to establish fees

3.1 The Commission may establish, subject to the approval of the Minister, fees for entrance into the Parks, for permits and for any services and facilities provided in relation to the Parks. 1997, c. 36, s. 3 (1).

Qualified powers

4. (1) With the approval of the Lieutenant Governor in Council, the Commission has power to acquire by purchase, lease or otherwise and, with or without the consent of the owner, enter upon, take and expropriate and sell or otherwise dispose of any land or any interest in land. R.S.O. 1990, c. S.23, s. 4 (1).

Expropriation

(2) Where the Commission desires to expropriate land under the power conferred by subsection (1), it shall, in addition to the requirements of the Expropriations Act, register in the proper land registry office a certified copy of the order in council approving such expropriation. R.S.O. 1990, c. S.23, s. 4 (2).

Highways

5. (1) Despite any general or special Act, the Lieutenant Governor in Council may vest any highway under the jurisdiction and control of the Ministry of Transportation in the Commission, and thereafter the Commission shall have exclusive jurisdiction over it. R.S.O. 1990, c. S.23, s. 5 (1).

Idem

(2) The Commission and any municipality may enter into agreement as to the acquisition by the Commission or by the municipality of any highway or any land therefor or as to the establishing, laying out, opening, grading, paving, altering, constructing, reconstructing, maintaining or repairing of any highway, including the cost or the apportionment of the cost of the same and the payment thereof. R.S.O. 1990, c. S.23, s. 5 (2).

Appointment of employees

6. The Commission may appoint such officers, clerks and other employees as may be necessary for the purposes of the Commission and shall fix their salaries, wages or other remuneration. R.S.O. 1990, c. S.23, s. 6.

Determination of capital expenditure

7. (1) The Commission may from time to time determine what money will be required for capital expenditures in connection with the Parks. R.S.O. 1990, c. S.23, s. 7 (1).

Portion to be raised by participating municipalities

(2) The portion of the money so required that each participating municipality shall raise shall be determined by the Commission, subject to the approval of at least three of the participating municipalities. R.S.O. 1990, c. S.23, s. 7 (2).

Notice of apportionment

(3) When the Commission has determined the portion that each participating municipality shall raise, it shall cause a notice containing a statement of such apportionment to be sent to the council of each participating municipality by registered mail. R.S.O. 1990, c. S.23, s. 7 (3).

Review of apportionment by O.M.B.

(4) Any participating municipality that is dissatisfied with any such apportionment may, within one month after it receives notice of the apportionment, notify the secretary of the Ontario Municipal Board and the Commission in writing by registered mail that it applies for a review of the apportionment by the Ontario Municipal Board. R.S.O. 1990, c. S.23, s. 7 (4).

Hearing

(5) Upon such application, the Ontario Municipal Board shall fix a date for the hearing of all interested parties and shall give all necessary directions for the hearing. R.S.O. 1990, c. S.23, s. 7 (5).

Powers of O.M.B. on hearing

(6) The Ontario Municipal Board has authority to take evidence, to confirm or vary the apportionment of the Commission and to fix and award costs, and its decision is final and conclusive and is not open to appeal. R.S.O. 1990, c. S.23, s. 7 (6).

How money to be raised

(7) Each participating municipality shall raise by the issue of debentures or otherwise its portion of the money required by the Commission for capital expenditure as apportioned by the Commission or by the Ontario Municipal Board on an appeal. R.S.O. 1990, c. S.23, s. 7 (7); 1996, c. 32, s. 98.

Limited benefit in city

(8) Where the council of a participating city is of opinion that the major part of the benefit to be derived from a specific work accrues to a limited area of the city, the council may by by-law provide that a specified portion of the money required to be raised by the city for capital expenditure in connection with that work shall be raised by a special rate upon the rateable property in that area, which area shall be defined in the by-law, and the balance of such money shall be raised by a special rate upon the rateable property in the remaining portion of the city. R.S.O. 1990, c. S.23, s. 7 (8).

Limited benefit in county

(9) Where the council of a participating county is of opinion that the major part of the benefit to be derived from a specific work accrues to a certain local municipality or local municipalities that form part of the county for municipal purposes, the council may by by-law provide that a specified portion of the money required to be raised by the county for capital expenditure in connection with that work shall be raised by a special rate upon the rateable property of such local municipality or municipalities, and the balance of such money shall be raised by a special rate upon the rateable property in the remaining local municipalities that form part of the county for municipal purposes. R.S.O. 1990, c. S.23, s. 7 (9).

Estimates

8. (1) The Commission in each year shall prepare and adopt estimates of all sums required during the year for the purposes of the Commission, and such estimates,

(a) shall set forth the estimated revenues and expenditures of the Commission;

(b) shall make due allowance for a surplus of the previous year that will be available during the current year;

(c) shall provide for any deficit of any previous year; and

(d) may provide for capital expenditures to be made out of current funds. R.S.O. 1990, c. S.23, s. 8 (1).

Apportionment

(2) After the adoption of the estimates, the Commission shall, subject to the approval of at least three of the participating municipalities, determine the proportion of the money required for the purposes of the Commission to be raised by each participating municipality. R.S.O. 1990, c. S.23, s. 8 (2).

Notice of amount to be raised by each participating municipality

(3) The chair of the Commission shall, on or before the last day of February in each year, give notice in writing to the treasurer of each participating municipality of the amount that such participating municipality shall raise for the Commission. R.S.O. 1990, c. S.23, s. 8 (3).

Money to be raised, debt to Commission

9. All money required to be raised by a participating municipality under the authority of section 7 or 8 shall be deemed to be taxes and are a debt of the participating municipality to the Commission, and the treasurer of each participating municipality shall pay the money so required to be raised to the Commission in equal quarterly payments. R.S.O. 1990, c. S.23, s. 9.

Limit on levy

10. (1) No participating municipality shall be required to raise in any year, under section 7, an amount that exceeds the maximum amount determined in accordance with the following:

1. For 1998, the maximum amount is the maximum amount for section 7 determined under the predecessor of this section for 1997.

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

Where,

“Maximum” means the maximum amount determined under this subsection;

“Tax rate” means the tax rate for the general levy for the participating municipality for the residential/farm property class prescribed under the Assessment Act. 1997, c. 29, s. 71.

Same

(2) No participating municipality shall be required to raise in any year, under section 8, an amount that exceeds the maximum amount determined in accordance with the following:

1. For 1998, the maximum amount is the maximum amount for section 8 determined under the predecessor of this section for 1997.

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

Where,

“Maximum” means the maximum amount determined under this subsection;

“Tax rate” means the tax rate for the general levy for the participating municipality for the residential/farm property class prescribed under the Assessment Act. 1997, c. 29, s. 71.

Variation by agreement

(3) A participating municipality may be required to raise in a year, under section 7 or 8, an amount that exceeds the maximum amount under subsection (1) or (2) if, in that year, the council of the participating municipality agrees with the Commission to do so. 1997, c. 29, s. 71.

Local improvement works

11. The Commission and any municipality within which any of the Parks are situate or that adjoin or are within five kilometres of the Parks may enter into agreement as to any work of any of the characters or descriptions mentioned in the Local Improvement Act, and the Commission may agree to contribute any sum towards the cost of any work undertaken, either in cash or by annual or other instalments or otherwise. R.S.O. 1990, c. S.23, s. 11.

Assent of electors not necessary

12. Where by this Act any power is conferred or duty imposed upon a municipality or the council of a municipality, including a power or duty to raise money, such power may be exercised and such duty shall be performed by the council of the municipality without the assent of the electors. R.S.O. 1990, c. S.23, s. 12.

Money to be paid to Commission

13. All money required by this Act to be raised for the purposes of the Commission shall be paid to the Commission, and the Commission may spend such money for its purposes. R.S.O. 1990, c. S.23, s. 13.

Grants

14. The Minister may make grants to the Commission, which shall be paid out of the money appropriated therefor by the Legislature. R.S.O. 1990, c. S.23, s. 14.

Payments in lieu of taxes

15. (1) The Minister of Municipal Affairs may pay in each year to a municipality in which there are one or more parks operated by the Commission,

(a) $12.35 per hectare for each of the first forty hectares of each such park and $5 per hectare for each hectare in excess of forty hectares in each such park up to 4,000 hectares in each such park and $1.25 per hectare for each hectare in excess of 4,000 hectares in each such park; or

(b) $100,

whichever is the greater, and the Minister shall recover such payments out of the funds of the Commission. R.S.O. 1990, c. S.23, s. 15 (1).

Determinations

(2) For the purposes of subsection (1), the Minister of Municipal Affairs shall determine annually,

(a) the names of those municipalities in which there was located on the next preceding 1st day of January, one or more parks or any part thereof; and

(b) the number of hectares to the nearest whole hectare in each park or part thereof so located within each such municipality,

and the Minister’s determination is final. R.S.O. 1990, c. S.23, s. 15 (2).

Books of account

16. The Commission shall cause books to be kept and true and regular accounts to be entered therein of all money received and paid and of the several purposes for which the same were received and paid, and such books shall be open to the inspection of any member of the Commission, the Treasurer of Ontario or any person appointed by the Commission or Treasurer for that purpose, or any person designated by a participating municipality for that purpose, and any such person may make copies of or take extracts from the books. R.S.O. 1990, c. S.23, s. 16.

Security by officers

17. Every person who is entrusted by the Commission with the custody or control of money in the course of his or her employment shall give security in the manner and form provided by the Public Officers Act. R.S.O. 1990, c. S.23, s. 17.

Audit

18. The accounts and financial transactions of the Commission shall be audited annually by the Provincial Auditor or such other auditor as the Lieutenant Governor in Council designates. R.S.O. 1990, c. S.23, s. 18.

Annual report

19. The Commission shall make a report annually to the Minister and to each of the participating municipalities, containing such information as the Minister may require. R.S.O. 1990, c. S.23, s. 19.

Regulations

20. (1) The Commission, with the approval of the Lieutenant Governor in Council, may make regulations,

(a) regulating and governing the use by the public of the Parks and the works, vehicles, boats, services and things under the jurisdiction of the Commission;

(b) providing for the protection and preservation from damage of the property of the Commission;

(c) Repealed: 1997, c. 36, s. 3 (2).

(d) prescribing permits designating privileges in connection with the use of the Parks or any part thereof;

(e) regulating and governing vehicular and pedestrian traffic in the Parks or any part thereof, and prohibiting the use of any class or classes of vehicles in the Parks or any part thereof;

(f) prohibiting or regulating and governing the erection, posting up or other display of notices, signs, sign boards and other advertising devices in the Parks or within 400 metres of any part thereof;

(g) prescribing terms and conditions under which horses, dogs and other animals may be allowed in the Parks or any part thereof;

(h) for imposing fines not exceeding $500 for any breach of any regulation;

(i) for such other purposes and objects as are deemed necessary for the carrying out of this Act. R.S.O. 1990, c. S.23, s. 20 (1); 1997, c. 36, s. 3 (2, 3).

Offences

(2) An offence against any regulation made under this Act is punishable under the Provincial Offences Act, and the fine for any such offence is payable to the Treasurer of Ontario. R.S.O. 1990, c. S.23, s. 20 (2).

Non-application

21. The Corporations Act does not apply to the Commission. R.S.O. 1990, c. S.23, s. 21.

Current borrowings

22. After the Commission has adopted its estimates in any year, it may borrow from time to time by way of promissory note such sums as it may consider necessary to meet, until its revenues are received, the current expenditures of the Commission for the year, but the amount that may be borrowed at any one time, together with the total of any similar borrowings that have not been repaid, shall not exceed 70 per cent of the unreceived balance of the estimated revenues of the Commission as set forth in its estimates adopted for the year. R.S.O. 1990, c. S.23, s. 22.

Lost property

23. (1) Any lost, mislaid or abandoned property coming into the custody of the Commission or any employee of the Commission in charge of part of the Parks and not claimed by the owner within three months is the property of the Commission and may be sold under the direction of the Commission, but, where any such property is perishable or has no commercial value, it may be given to a charitable institution or destroyed. R.S.O. 1990, c. S.23, s. 23 (1).

Idem

(2) Where a person establishes to the satisfaction of the Commission within one year of the date of the sale that the person was the owner of property sold under subsection (1), the Commission may direct the payment to such person of an amount equal to the price received for the property less the cost of the sale and other expenses incurred in connection with the property. R.S.O. 1990, c. S.23, s. 23 (2).