Municipal Act, 2001, S. O. 2001, c
Yüklə 1,95 Mb.
|
Exception (3) Despite clause (1) (b), an order described in subsection (1) does not affect any exemption or partial exemption from taxes or rates or any authority to provide for those exemptions in any Act. 2001, c. 25, s. 186 (3). Taxes (4) If, as a result of an order described in subsection (1), an area of a municipality is subject to taxes or rates which do not apply generally across the municipality, section 21 of the Assessment Act applies with respect to those taxes or rates as if the area were the whole municipality. 2001, c. 25, s. 186 (4). Change of Name
187. (1) Despite any Act, a municipality may change its name so long as the new name is not the same as the name of another municipality. 2001, c. 25, s. 187 (1). Notice to public (2) Before passing a by-law changing its name, a municipality shall give notice of its intention to pass the by-law and shall hold at least one public meeting to consider the matter. 2001, c. 25, s. 187 (2). Notification (3) A municipality that passes a by-law changing its name shall send a copy of the by-law to the Director of Titles appointed under the Land Titles Act and to the Minister promptly after its passage. 2001, c. 25, s. 187 (3). Status unchanged (4) A by-law changing the name of a municipality does not affect the status of a municipality as an upper-tier municipality, a lower-tier municipality or a single-tier municipality, as the case may be. 2001, c. 25, s. 187 (4). Rights, obligations not affected (5) A change in the name of a municipality does not affect its rights or obligations. 2001, c. 25, s. 187 (5). Transfer of Powers between Tiers
188. (1) In sections 189 to 193, “elector” means a person whose name appears on the voters’ list, as amended up until the close of voting on voting day, for the last regular election preceding the coming into force of a by-law under section 189 or 191; (“électeur”) “lower-tier power” means a power a lower-tier municipality or its local boards may exercise under any Act, including any limitations on the power, with respect to the following matters: 1. Waste management. 2. Fire protection and prevention. 3. Public transportation systems, other than highways. 4. Business licensing. 5. Economic development services. 6. Collection, transmission, treatment and disposal of sewage. 7. Production, distribution and supply of water. 8. Policing in accordance with the Police Services Act. 9. Any other matter prescribed by the Minister; (“pouvoir de palier inférieur”) “upper-tier power” means a power an upper-tier municipality or its local boards may exercise under any Act, including any limitations on the power, with respect to the following matters: 1. Waste collection. 2. Fire protection and prevention. 3. Public transportation systems, other than highways. 4. Business licensing. 5. Economic development services. 6. Any other matter prescribed by the Minister. (“pouvoir de palier supérieur”) 2001, c. 25, s. 188 (1); 2002, c. 17, Sched. A, s. 38. Conflict (2) In the event of a conflict between a by-law under clause 189 (1) (a) or 191 (1) (a) and a provision of any Act or regulation, the by-law prevails. 2001, c. 25, s. 188 (2). Conflict (3) In the event of a conflict between a regulation under section 193 and a provision of any Act or regulation, the regulation under section 193 prevails. 2001, c. 25, s. 188 (3). Transfer of power to upper-tier 189. (1) An upper-tier municipality may pass a by-law to provide for, (a) the transfer of all or part of a lower-tier power to the upper-tier municipality from one or more of its lower-tier municipalities which are specified in the by-law; and (b) transitional matters to facilitate the assumption of the lower-tier power. 2001, c. 25, s. 189 (1). Conditions (2) A by-law under subsection (1) shall not come into force unless, (a) a majority of all votes on the council of the upper-tier municipality are cast in its favour; (b) a majority of the councils of all the lower-tier municipalities forming part of the upper-tier municipality for municipal purposes have passed resolutions giving their consent to the by-law; and (c) the total number of electors in the lower-tier municipalities that have passed resolutions under clause (b) form a majority of all the electors in the upper-tier municipality. 2001, c. 25, s. 189 (2).
(3) A provision of a by-law passed under clause (1) (a) shall not be repealed in whole or in part after it comes into force. 2001, c. 25, s. 189 (3). Exception (4) Despite subsection (3), if a by-law of an upper-tier municipality passed under subsection (1) is in force, the by-law shall be deemed to be repealed to the extent it conflicts with a by-law of a lower-tier municipality passed under section 191 which comes into force at a later date. 2001, c. 25, s. 189 (4). Effect of by-law 190. (1) When a by-law passed under section 189 comes into force, (a) the upper-tier municipality may exercise the transferred lower-tier power of the lower-tier municipalities specified in the by-law; (b) a lower-tier municipality specified in the by-law and its local boards are bound by the by-law and no longer have the power to exercise the transferred lower-tier power; (c) an existing by-law or resolution of a lower-tier municipality and its local boards that relate to the transferred lower-tier power shall, to the extent it applies in any part of the lower-tier municipality, be deemed to be a by-law or resolution of the upper-tier municipality; and (d) the existing by-law or resolution referred to in clause (c) shall remain in force in that part of the lower-tier municipality until the earlier of two years after the transfer by-law comes into force and the day the existing by-law or resolution is repealed by the upper-tier municipality. 2001, c. 25, s. 190 (1). Continuation of matters (2) When a lower-tier power is transferred to an upper-tier municipality under section 189, the upper-tier municipality may continue anything that the lower-tier municipality began under the transferred lower-tier power before the transfer but did not complete. 2001, c. 25, s. 190 (2). Transfer of power to lower-tier 191. (1) A lower-tier municipality may pass a by-law to provide for, (a) the transfer of all or part of an upper-tier power from its upper-tier municipality to one or more of the lower-tier municipalities forming part of the upper-tier municipality for municipal purposes which are specified in the by-law; and (b) transitional matters to facilitate the assumption of the upper-tier power. 2001, c. 25, s. 191 (1). Coming into force (2) A by-law under subsection (1) shall not come into force unless, (a) at least half of all the lower-tier municipalities forming part of the upper-tier municipality for municipal purposes, excluding the lower-tier municipality which passed the by-law, have passed resolutions giving their consent to the by-law; (b) the total number of electors in the lower-tier municipalities which have passed resolutions under clause (a) and in the lower-tier municipality which passed the by-law form a majority of all the electors in the upper-tier municipality; and (c) the council of the upper-tier municipality has passed a resolution giving its consent to the assumption of the power and a majority of all the votes on the council were cast in favour of the resolution. 2001, c. 25, s. 191 (2).
(3) A provision of a by-law passed under clause (1) (a) shall not be repealed in whole or in part after it comes into force. 2001, c. 25, s. 191 (3). Exception (4) Despite subsection (3), if a by-law of a lower-tier municipality passed under subsection (1) is in force, the by-law shall be deemed to be repealed to the extent it conflicts with a by-law of an upper-tier municipality passed under section 189 which comes into force at a later date. 2001, c. 25, s. 191 (4). Effect of by-law 192. (1) When a by-law under section 191 comes into force, (a) each lower-tier municipality specified in the by-law is bound by the by-law and may exercise the transferred upper-tier power but may do so only for its own purposes; (b) the upper-tier municipality and its local boards are bound by the by-law and no longer have the power to exercise the transferred upper-tier power in those lower-tier municipalities; (c) an existing by-law or resolution of an upper-tier municipality and its local boards that relates to the transferred upper-tier power shall, to the extent it applies in any part of a lower-tier municipality specified in the transfer by-law, be deemed to be a by-law or resolution of the lower-tier municipality; and (d) the existing by-law or resolution referred to in clause (c) shall remain in force in that part of the lower-tier municipality until the earlier of two years after the transfer by-law comes into force and the day the existing by-law or resolution is repealed by the lower-tier municipality. 2001, c. 25, s. 192 (1). Continuation of matters (2) When an upper-tier power is transferred to a lower-tier municipality under section 191, the lower-tier municipality may continue anything that the upper-tier municipality began under the transferred upper-tier power before the transfer but did not complete to the extent the thing applies to the lower-tier municipality. 2001, c. 25, s. 192 (2). Regulations 193. The Minister may make regulations, (a) prescribing matters which fall within the definition of lower-tier power or upper-tier power in section 188; (b) providing for the continuation, cessation or amendment of by-laws and resolutions; (c) imposing conditions and limitations on powers of an upper-tier municipality and lower-tier municipalities under sections 189 and 191; (d) imposing conditions and limitations on lower-tier powers and upper-tier powers transferred under sections 189 and 191; (e) providing that any body performing a public function is a local board for the purpose of sections 188 to 192 and this section; (f) providing for any matter that, in the opinion of the Minister, is necessary or desirable to allow a municipality to which a power has been transferred under section 189 or 191 to exercise the power; (g) providing for any matter that, in the opinion of the Minister, is necessary or desirable to allow a municipality from which a power has been transferred under section 189 or 191 to exercise its remaining powers; (h) providing for any transitional matter related to the transfer of a power under sections 189 and 191. 2001, c. 25, s. 193. Municipal Service Boards
194. (1) In this section and in sections 195 to 202, “municipal service” means, in relation to a municipality, (a) a municipal system the municipality is authorized to provide under the following spheres of jurisdiction: 1. Public Utilities. 2. Waste Management. 3. Transportation systems, other than highways. 4. Culture, parks, recreation and heritage. 5. Parking, except on highways, and (b) any other prescribed system of the municipality; (“service municipal”) “municipality” means, in relation to a municipal service board, the municipality of which the board is a local board; (“municipalité”) “public utility” includes, in relation to a municipality, any system of the municipality, the control and management of which has been given under any Act to a public utilities commission continued by subsection 195 (1). (“service public”) 2001, c. 25, s. 194 (1). Regulations (2) The Minister may make regulations prescribing other systems as municipal services under clause (b) of the definition of “municipal service” in subsection (1). 2001, c. 25, s. 194 (2). Municipal service boards 195. (1) A public utility commission established or deemed to have been established under the Public Utilities Act, a parking authority established under paragraph 57 of section 207 of the old Act and a board of park management established under the Public Parks Act, which exist on December 31, 2002, shall be deemed to be municipal service boards established under this section and continue with the same name, composition and service area and have the same powers and the same control and management of the same services as they had on that day. 2001, c. 25, s. 195 (1). Power to establish boards (2) A municipality may, (a) establish a municipal service board; (b) despite any Act, give control and management of all or part of one or more municipal services to a municipal service board by delegating to the board all or part of the municipality’s powers under any Act related to the municipal services subject to such limits and conditions as the municipality considers appropriate; (c) provide for the initial name of a municipal service board; and (d) subject to subsection (3), provide for the initial composition of a municipal service board. 2001, c. 25, s. 195 (2). Composition (3) The composition of a municipal service board is subject to the following rules: 1. There shall be a minimum of three members, one of whom shall be the chair. 2. All members shall be appointed by the municipality and shall be qualified to be elected as a member of the council of the municipality. 3. The chair shall be the member designated by the municipality or selected by the members of the board. 2001, c. 25, s. 195 (3).
(4) The term of office of a member of a municipal service board shall be as set out by the municipality in the appointing by-law but shall not extend past the end of the term of office of the appointing council. 2001, c. 25, s. 195 (4). Same (5) Despite subsection (4), the members continue to hold office until their successors are appointed. 2001, c. 25, s. 195 (5). Limitations (6) Where a by-law under subsection (2) delegates a power to a municipal service board, the power is deemed to be delegated to the board subject to any limits on the power and to any procedural requirements, including conditions, approvals and appeals, which apply to the power. 2001, c. 25, s. 195 (6). Application (7) Except as otherwise provided, the following provisions apply with necessary modifications to a municipal service board and its members as if they were the council of a municipality and its members, respectively: 1. Sections 242, 256, 258, subsection 259 (1), sections 260, 264 and 265. 2. Part XIV, except sections 433, 437, 438, 444 and 447. 3. Parts XV and XVI. 2001, c. 25, s. 195 (7).
(8) Despite this section, a municipality shall not dissolve a municipal service board, change the name or composition of a board or remove powers from a board except under section 189, 191 or 216. 2001, c. 25, s. 195 (8). Transition (9) Despite subsection (3), if the composition of a public utility commission continued by subsection (1) as the composition of a municipal service board is not in conformity with subsection (3), that composition shall continue until the new council of the municipality following the 2003 regular election is organized and establishes a composition for the board that complies with subsection (3). 2001, c. 25, s. 195 (9). Delegated powers 196. (1) When a municipality has delegated a power to a municipal service board under section 195, (a) the board may exercise the delegated power; (b) the municipality no longer has the power to exercise the delegated power; and (c) an existing by-law or resolution of the municipality that relates to the delegated power shall, to the extent it applies in any part of the municipality, be deemed to be a by-law or resolution of the board. 2001, c. 25, s. 196 (1).
(2) Nothing in this section, section 195 or a by-law under section 195, (a) authorizes a municipal service board to provide for the financing of a municipal service other than by fees and charges under Part XII; (b) removes the power from the municipality to provide the money required for financing a municipal service as if it had control and management of the municipal service; or (c) authorizes a municipal service board, without the consent of the municipality, (i) to exercise any of its powers in any other municipality or in unorganized territory, (ii) to supply a municipal service to any other municipality or to a person in any other municipality or in unorganized territory, (iii) to extend, enlarge, improve or alter a municipal service, or (iv) to sell, lease or otherwise dispose of the whole of a municipal service or all or part of the real or personal property related to the municipal service. 2001, c. 25, s. 196 (2).
197. (1) A municipal service board is a body corporate. 2001, c. 25, s. 197 (1). Agency (2) A municipal service board is an agent of the municipality. 2001, c. 25, s. 197 (2). Assets (3) If assets related to a municipal service are under the control and management of a municipal service board, (a) subject to clause (b), the board shall hold the assets in trust for the municipality until the board is dissolved or the control and management of the municipal service is removed from the board; and (b) if the board is of the opinion it no longer requires an asset for the purposes of the municipal service, the board may, and on request shall, release to the municipality all its interest in the asset. 2001, c. 25, s. 197 (3). Vacancies 198. (1) If the office of a member of a municipal service board becomes vacant, the board shall, (a) declare the office to be vacant at its next meeting or, if the vacancy occurs as a result of the death of a member, at either of its next two meetings; and (b) immediately forward a copy of its declaration to the municipality. 2001, c. 25, s. 198 (1). Filling vacancy (2) The municipality shall fill a vacancy by appointing a person who has consented to accept the office if appointed within 60 days after the day the board declares the office to be vacant or, if a court declares the office to be vacant, within 60 days after the day the court makes its declaration. 2001, c. 25, s. 198 (2). Quorum 199. A majority of the members of a municipal service board constitutes a quorum. 2001, c. 25, s. 199. Use of revenues 200. (1) Despite any Act, a municipal service board shall use the revenues generated by a municipal service for the operation and maintenance of the municipal service and for the establishment of reserve funds authorized by the municipality for the purposes of the municipal service. 2001, c. 25, s. 200 (1). Transfer of surplus (2) After providing for the expenditures under subsection (1), a board shall, when required by the municipality, pay all or part of the surplus revenues to the municipality and the amount paid forms part of the general funds of the municipality. 2001, c. 25, s. 200 (2). Information to be provided 201. (1) A board shall, at the times and in the form requested, provide the municipality with information requested by the municipality relating to a municipal service. 2001, c. 25, s. 201 (1). Public inspection (2) A municipality shall establish and maintain a list for public inspection of the requirements it has imposed on a municipal service board under subsection (1). 2001, c. 25, s. 201 (2). Joint municipal service boards 202. (1) Two or more municipalities may enter into agreements to establish a joint municipal service board and to provide for those matters which, in the opinion of the participating municipalities, are necessary or desirable to facilitate the establishment and operation of the joint municipal service board. 2001, c. 25, s. 202 (1). Same (2) Different participating municipalities may give control and management of different municipal services to the same joint municipal service board and may give control and management of different aspects of the same municipal service to the same joint municipal service board. 2001, c. 25, s. 202 (2). Powers, etc. (3) Subject to subsections (4) and (5), the provisions of this Act that apply to municipal service boards also apply with necessary modifications to joint municipal service boards. 2001, c. 25, s. 202 (3). Consent required (4) Except where otherwise specifically provided in any Act, an action of a municipality related to an existing or proposed joint municipal service board is of no effect unless the municipality obtains the consent of all the other participating municipalities of which the board is a local board or will be a local board as a result of the action. 2001, c. 25, s. 202 (4). Exception (5) Despite subsection (4), an agreement under subsection (1) may provide for circumstances where the consent of the other participating municipalities is not required under subsection (4) or where only the consent of the municipalities specified in the agreement is required under subsection (4). 2001, c. 25, s. 202 (5). Powers to Establish Corporations
203. (1) The Lieutenant Governor in Council may make regulations governing the following activities by a municipality: 1. The incorporation of prescribed corporations. 2. The nomination or authorization of a person to act as an incorporator, director, officer or member of a prescribed corporation. 3. The exercise of any power as a member of a prescribed corporation. 4. The acquisition of an interest in, or guarantee or exercise of any power as a holder of, a prescribed security of a prescribed corporation. 2001, c. 25, s. 203 (1). Scope (2) Without limiting subsection (1) a regulation under this section may, (a) prescribe and define corporations to which this section applies; (b) prescribe and govern the powers of municipalities in relation to the prescribed corporations, including prescribing the purposes for which the powers may be exercised, imposing conditions and limitations on the powers and prescribing rules in relation to the use of the powers; (c) govern the prescribed corporations; (d) prescribe the purposes for which prescribed corporations may carry on business; (e) impose conditions and rules applicable to prescribed corporations and to the directors and officers of prescribed corporations; (f) prescribe securities for the purpose of paragraph 4 of subsection (1) and prescribe rules that apply to those securities; (g) provide that prescribed corporations are or are not local boards or, if the definition of “municipality” in any Act includes local boards, are or are not local boards that fall within that definition, or are or are not operating public utilities for the purpose of any Act or any specified provision of any Act, with such modifications as may be prescribed; (h) exempt a municipality from the application of sections 106 and 268 with respect to prescribed corporations; (i) provide for any transitional matters related to the exercise by a municipality or prescribed corporations of powers under this section. 2001, c. 25, s. 203 (2); 2002, c. 17, Sched. A, s. 39.
(3) If there is a conflict between a regulation under this section and a provision of any Act or regulation under any Act, other than this section, the regulation under this section prevails. 2001, c. 25, s. 203 (3). Exceptions (4) A regulation under this section does not apply to a corporation incorporated under section 142 of the Electricity Act, 1998, section 13 of the Housing Development Act, sections 108 and 109 of this Act, a local housing corporation under Part III of the Social Housing Reform Act, 2000 or any other corporation a municipality is expressly authorized to incorporate, establish or control under any Act. 2001, c. 25, s. 203 (4). Business Improvement Areas
204. (1) A local municipality may designate an area as an improvement area and may establish a board of management, (a) to oversee the improvement, beautification and maintenance of municipally-owned land, buildings and structures in the area beyond that provided at the expense of the municipality generally; and (b) to promote the area as a business or shopping area. 2001, c. 25, s. 204 (1). Corporation (2) A board of management is a corporation consisting of the number of directors established by the municipality. 2001, c. 25, s. 204 (2). Composition (3) A board of management shall be composed of, (a) one or more directors appointed directly by the municipality; and (b) the remaining directors selected by a vote of the membership of the improvement area and appointed by the municipality. 2001, c. 25, s. 204 (3). Membership (4) Members of an improvement area consist of persons who are assessed, on the last returned assessment roll, with respect to rateable property in the area that is in a prescribed business property class and tenants of such property. 2001, c. 25, s. 204 (4). Determining tenancy (5) In determining whether a person is a tenant or not, the clerk of the municipality may accept a list provided under clause 210 (2) (b) or the declaration of a person that the person is a tenant and the determination of the clerk is final. 2001, c. 25, s. 204 (5). One vote (6) Each member of an improvement area has one vote regardless of the number of properties that the member may own or lease in the improvement area. 2001, c. 25, s. 204 (6). Nominee (7) A corporate member of an improvement area may nominate in writing one individual to vote on behalf of the corporation. 2001, c. 25, s. 204 (7). Joint nominee (8) Subject to subsection (6), one individual may be nominated for voting purposes by two or more corporations that are members of an improvement area. 2001, c. 25, s. 204 (8). Refusal to appoint (9) The municipality may refuse to appoint a person selected by the members of an improvement area, in which case the municipality may leave the position vacant or direct that a meeting of the members of the improvement area be held to elect or select another candidate for the municipality’s consideration. 2001, c. 25, s. 204 (9). Term (10) The term of the directors of a board of management is the same as the term of the council that appointed them but continues until their successors are appointed. 2001, c. 25, s. 204 (10). Reappointment (11) Directors are eligible for reappointment. 2001, c. 25, s. 204 (11). Vacancies (12) Subject to subsection (9), if a vacancy occurs for any cause, the municipality may appoint a person to fill the vacancy for the unexpired portion of the term and the appointed person is not required to be a member of the improvement area. 2001, c. 25, s. 204 (12). Budget 205. (1) A board of management shall prepare a proposed budget for each fiscal year by the date and in the form required by the municipality and shall hold one or more meetings of the members of the improvement area for discussion of the proposed budget. 2002, c. 17, Sched. A, s. 40 (1). Council to approve (2) A board of management shall submit the budget to council by the date and in the form required by the municipality and the municipality may approve it in whole or in part but may not add expenditures to it. 2001, c. 25, s. 205 (2); 2002, c. 17, Sched. A, s. 40 (2). Limitations (3) A board of management shall not, (a) spend any money unless it is included in the budget approved by the municipality or in a reserve fund established under section 417; (b) incur any indebtedness extending beyond the current year without the prior approval of the municipality; or (c) borrow money. 2001, c. 25, s. 205 (3).
(4) Section 65 of the Ontario Municipal Board Act and section 401 of this Act apply to the municipality’s approval under clause (3) (b) in the same manner as if it were incurring a debt of the municipality. 2001, c. 25, s. 205 (4). Notice 206. A board of management shall give reasonable notice to the general membership of the improvement area of a meeting to hold a vote under clause 204 (3) (b) or for the purposes of a discussion under subsection 205 (1). 2001, c. 25, s. 206; 2002, c. 17, Sched. A, s. 41. Annual report 207. (1) A board of management shall submit its annual report for the preceding year to council by the date and in the form required by the municipality and the report shall include audited financial statements. 2001, c. 25, s. 207 (1). Auditor (2) The municipal auditor is the auditor of each board of management and may inspect all records of the board. 2001, c. 25, s. 207 (2). Funds to be raised 208. (1) The municipality shall annually raise the amount required for the purposes of a board of management, including any interest payable by the municipality on money borrowed by it for the purposes of the board of management. 2001, c. 25, s. 208 (1). Special charge (2) The municipality may establish a special charge for the amount referred to in subsection (1), (a) by levy upon rateable property in the improvement area that is in a prescribed business property class; or (b) by levy upon rateable property in the improvement area that is in a prescribed business property class and that, in council’s opinion, derives special benefit from the improvement area, which levy may be calculated using different percentages of the assessment for one or more separately assessed properties or categories of separately assessed properties in the prescribed class if the resulting levy is equitable in accordance with the benefits that, in council’s opinion, accrue to the properties from the activities related to the improvement area. 2001, c. 25, s. 208 (2). Minimum and maximum charges (3) The municipality may establish a minimum or maximum charge or both, expressed for one or more separately assessed properties or categories of separately assessed properties in a prescribed class, as, (a) percentages of the assessed value of rateable property in the improvement area that is in a prescribed business property class; (b) dollar amounts; or (c) percentages of the board of management’s annual budget. 2001, c. 25, s. 208 (3).
(4) When a by-law under subsection (3) is in force, (a) the amount of a charge levied in a year under subsection (2) shall not, when calculated for the individual property in the prescribed class to which it applies, be less than or greater than the amount of the applicable minimum and maximum charge for the property established under the by-law; and (b) if necessary for a fiscal year to raise the amount referred to in subsection (1) because a minimum or maximum charge applies to one or more separately assessed properties or categories of separately assessed properties in the prescribed class, the municipality shall for the year adjust any charges applicable to the remaining individual properties or subclasses of properties in the prescribed class by adjusting the percentage or percentages of assessment established under subsection (2) for those properties. 2001, c. 25, s. 208 (4). Exclusion (5) Section 210 does not apply to an adjustment made under clause (4) (b). 2001, c. 25, s. 208 (5). Borrowings (6) If only a part of money borrowed by the municipality in any year for the purposes of a board of management is required to be repaid in that year or a subsequent year, only that part and any interest payable on the total amount shall be included in the levies under this section in that year or subsequent year, respectively. 2001, c. 25, s. 208 (6). Priority lien status (7) Charges levied under this section shall have priority lien status and shall be added to the tax roll. 2002, c. 17, Sched. A, s. 42. Changes to boundary 209. The municipality may alter the boundaries of an improvement area and the board of management for that improvement area is continued as the board of management for the altered area. 2001, c. 25, s. 209. Notice 210. (1) Before passing a by-law under subsection 204 (1), clause 208 (2) (b), subsection 208 (3) or section 209, notice of the proposed by-law shall be sent by prepaid mail to the board of management of the improvement area, if any, and to every person who, on the last returned assessment roll, is assessed for rateable property that is in a prescribed business property class which is located, (a) where the improvement area already exists, in the improvement area and in any geographic area the proposed by-law would add to the improvement area; and (b) where a new improvement area would be created by the proposed by-law, in the proposed improvement area. 2001, c. 25, s. 210 (1). When notice received (2) A person who receives a notice under subsection (1) shall, within 30 days after the notice is mailed, (a) give a copy of the notice to each tenant of the property to which the notice relates who is required to pay all or part of the taxes on the property; and (b) give the clerk of the municipality a list of every tenant described in clause (a) and the share of the taxes that each tenant is required to pay and the share that the person is required to pay. 2001, c. 25, s. 210 (2). Objections (3) A municipality shall not pass a by-law referred to in subsection (1) if, (a) written objections are received by the clerk of the municipality within 60 days after the last day of mailing of the notices; (b) the objections have been signed by at least one-third of the total number of persons entitled to notice under subsection (1) and under clause (2) (a); and (c) the objectors are responsible for, (i) in the case of a proposed addition to an existing improvement area, (A) at least one-third of the taxes levied for purposes of the general local municipality levy on rateable property in all prescribed business property classes in the improvement area, or (B) at least one-third of the taxes levied for purposes of the general local municipality levy on rateable property in all prescribed business property classes in the geographic area the proposed by-law would add to the existing improvement area, or (ii) in all other cases, at least one-third of the taxes levied for purposes of the general local municipality levy on rateable property in all prescribed business property classes in the improvement area. 2001, c. 25, s. 210 (3).
(4) If sufficient objections are withdrawn in writing within the 60-day period referred to in clause (3) (a) so that the conditions set out in clause (3) (b) or (c) no longer apply, the municipality may pass the by-law. 2001, c. 25, s. 210 (4). Determination by clerk (5) The clerk shall determine whether the conditions set out in subsection (3) have been met and, if they are, shall issue a certificate affirming that fact. 2001, c. 25, s. 210 (5). Determination final (6) The determination by the clerk is final. 2001, c. 25, s. 210 (6). Repeal of by-law 211. (1) Council shall give notice in accordance with subsection 210 (1) of a proposed by-law to repeal a by-law under subsection 204 (1) if the municipality has received, (a) a resolution from the board of management requesting the repeal; or (b) a request for the repeal signed by persons who are responsible for at least one-third of the taxes levied for purposes of the general local municipality levy on rateable property in all prescribed business property classes in the improvement area. 2001, c. 25, s. 211 (1). Statement (2) A person signing a request under clause (1) (b) shall state what amount of taxes on rateable property in the area that the person is required to pay. 2001, c. 25, s. 211 (2). Time (3) Council shall give the notice within 60 days after receiving the resolution or request. 2001, c. 25, s. 211 (3). Repeal (4) Council shall repeal the by-law under subsection 204 (1) if requests for the repeal are received by the clerk of the municipality within 60 days after the last day of mailing of the notices and, (a) the requests have been signed by at least one-half of the total number of persons entitled to notice under subsection 210 (1) and under clause 210 (2) (a); and (b) those who have signed the requests are responsible for at least 50 per cent of the taxes levied for purposes of the general local municipality levy on rateable property in all prescribed business property classes in the improvement area. 2001, c. 25, s. 211 (4). Timing (5) The repealing by-law must come into force on or before December 31 of the year in which it is passed. 2001, c. 25, s. 211 (5). Requests withdrawn (6) If sufficient requests are withdrawn in writing within the 60-day period referred to in subsection (4) so that either condition set out in that subsection no longer applies, the municipality is not required to repeal the by-law. 2001, c. 25, s. 211 (6). Determination by clerk (7) The clerk shall determine whether the conditions set out in clause (1) (b) and subsection (4) have been met and, if so, shall issue a certificate affirming that fact. 2001, c. 25, s. 211 (7). Determination final (8) The determination by the clerk is final. 2001, c. 25, s. 211 (8). Restriction (9) If the conditions of subsection (4) are not satisfied, council is not required to give notice under subsection (1) in response to a resolution or request for a period of two years after the last mailing of the notices. 2001, c. 25, s. 211 (9). Non-application (10) No requirement under this section or under section 210 applies to the repeal by a municipality on its own initiative of a by-law under subsection 204 (1). 2001, c. 25, s. 211 (10). Effect of by-law 212. A by-law passed under subsection 204 (1), subsection 208 (2) or (3), section 209 or subsection 211 (4) is not invalid by reason only that, (a) a person required to give a copy of a notice to a tenant or other information to the municipality under subsection 210 (2) has not done so; (b) the objections referred to in clause 210 (3) (b) have not been signed by at least one-third of the total number of persons entitled to receive notice under subsections 210 (1) and (2) because a person required to give a copy of the notice under subsection 210 (2) has not done so; or (c) the requests referred to in clause 211 (4) (a) have not been signed by at least one-half of the total number of persons entitled to notice under subsections 210 (1) and (2) because a person required to give a copy of the notice under subsection 210 (2) has not done so. 2001, c. 25, s. 212.
213. For the purposes of clauses 210 (3) (c) and 211 (1) (b), subsection 211 (2) and clause 211 (4) (b), a tenant shall be deemed to be responsible for the part of the taxes that the tenant is required to pay under the tenant’s lease or under sections 367 and 368. 2001, c. 25, s. 213. Dissolution of board 214. (1) Upon the repeal of a by-law under subsection 204 (1), the board of management is dissolved and the assets and liabilities of the board become the assets and liabilities of the municipality. 2001, c. 25, s. 214 (1). Liabilities exceed assets (2) If the liabilities assumed under subsection (1) exceed the assets assumed, the council may recover the difference by imposing a charge on all rateable property in the former improvement area that is in a prescribed business property class. 2001, c. 25, s. 214 (2). Regulations 215. The Minister may make regulations prescribing one or more classes of real property prescribed under the Assessment Act as business property classes for the purposes of sections 204 to 214. 2001, c. 25, s. 215. Dissolution of Local Boards
216. (1) In this section, “local board” includes any body performing any public function prescribed by regulation but does not include a police services board. 2001, c. 25, s. 216 (1).
(2) Despite any Act, if a local board is a local board of a single municipality, the municipality may by by-law dissolve or make prescribed changes to the local board. 2001, c. 25, s. 216 (2). Joint local boards (3) Despite any Act, if a local board is a local board of two or more municipalities, any of the municipalities may pass a by-law to dissolve or make prescribed changes to the local board. 2001, c. 25, s. 216 (3). Restriction (4) Before passing a by-law under this section, the municipality shall give notice of its intention to pass the by-law to the local board. 2001, c. 25, s. 216 (4). Coming into force (5) A by-law under subsection (3) does not come into force until at least half of the municipalities, excluding the municipality which passed the by-law, have passed a resolution giving their approval to the by-law. 2001, c. 25, s. 216 (5). Amendments, repeal (6) When a by-law under subsection (3) comes into force, the by-law shall be deemed to be a by-law passed under subsection (3) by each of the municipalities and may only be amended or repealed by a by-law passed in accordance with subsections (3) and (5). 2001, c. 25, s. 216 (6). Regulations (7) For the purposes of this section, the Minister may, despite any Act, make regulations, (a) providing that any body performing any public function is a local board; (b) providing that a local board is a local board of the municipality specified in the regulation; (c) prescribing changes that may be made to a local board; (d) providing that a municipality does not have the power to dissolve or make a prescribed change to a local board specified in the regulation; (e) imposing conditions and limitations on the powers of a municipality under this section; (f) providing that, for the purposes specified in the regulation, a municipality shall be deemed to be a local board of the type dissolved or changed under this section; (g) providing that, for the purposes specified in the regulation, a municipality shall stand in the place of a local board dissolved or changed under this section; (h) providing for matters that, in the opinion of the Minister, are necessary or desirable to allow the council of a municipality to act as a local board, to exercise the powers of a local board or to stand in the place of a local board for any purpose; (i) providing that the provisions of any Act specified in the regulation do not apply to the council of a municipality acting as a local board, exercising the powers of a local board or standing in the place of a local board for any purpose; (j) providing for the continuation, cessation or amendment of any or all by-laws and resolutions of a local board which is dissolved or changed under this section; (k) providing that a municipality or local board pay money to another municipality or local board; (l) providing for transitional matters related to a dissolution of or change to a local board under this section. 2001, c. 25, s. 216 (7). Changes to Council
217. (1) A local municipality may change the composition of its council subject to the following rules: 1. There shall be a minimum of five members, one of whom shall be the head of council. 2. The members of council shall be elected in accordance with the Municipal Elections Act, 1996. 3. The head of council shall be elected by general vote. 4. The members, other than the head of council, shall be elected by general vote or wards or by any combination of general vote and wards. 5. The representation of a local municipality on the council of an upper-tier municipality shall not be affected by the by-law of the local municipality under this section. 2001, c. 25, s. 217 (1).
(2) Before passing a by-law under this section, the municipality shall give notice of its intention to pass the by-law and shall hold at least one public meeting to consider the matter. 2001, c. 25, s. 217 (2). Coming into force (3) A by-law under this section does not come into force until the day the new council is organized, (a) after the first regular election following the passing of the by-law; or (b) if the by-law is passed in the year of a regular election before voting day, after the second regular election following the passing of the by-law. 2001, c. 25, s. 217 (3). Election (4) The regular election held immediately before the coming into force of a by-law passed under this section shall be conducted as if the by-law was already in force. 2001, c. 25, s. 217 (4). Term unaffected (5) Nothing in this section authorizes a change in the term of office of a member of council. 2001, c. 25, s. 217 (5). Composition of upper-tier council 218. (1) An upper-tier municipality may change the composition of its council subject to the following rules: 1. There shall be a minimum of five members, one of whom shall be the head of council. 2. The head of council shall be elected by general vote, in accordance with the Municipal Elections Act, 1996, or shall be appointed by the members of council. 3. The members of council, except the head of council, shall be elected in accordance with the Municipal Elections Act, 1996 to the upper-tier council or to the council of one of its lower-tier municipalities. 4. The head of council shall be qualified to be elected as a member of council of the upper-tier municipality. 5. If the members of council are directly elected to the upper-tier council and not to the council of a lower-tier municipality, the members shall be elected by general vote or wards or by any combination of general vote and wards. 6. Each lower-tier municipality shall be represented on the upper-tier council. 2001, c. 25, s. 218 (1). Types of changes (2) Without restricting the generality of subsection (1), the power to change the composition of council under subsection (1) includes the power to, (a) change the size of council; (b) change the method of selecting members of the council, including having members directly elected to the upper-tier council and not to the council of a lower-tier municipality, members elected to serve on both the upper-tier and lower-tier councils or members elected to the lower-tier councils and appointed to the upper-tier council by the lower-tier municipalities, or a combination of methods of election; (c) have a member representing more than one lower-tier municipality; (d) require that if a member of council is appointed by the members of council as the head of the upper-tier council, the member is no longer entitled to hold office on the council of a lower-tier municipality or any other office on the council of the upper-tier municipality or both; and (e) require that if a member of council is appointed by the members of council as the head of the upper-tier council, the appointed member must hold office on the council of a lower-tier municipality. 2001, c. 25, s. 218 (2).
(3) An upper-tier municipality may change the number of votes given to any member but each member shall have at least one vote. 2001, c. 25, s. 218 (3). Term of office (4) An upper-tier municipality may change the term of office of an appointed head of council so long as the term is either one year or the same as the term of council. 2001, c. 25, s. 218 (4). Regional municipalities (5) A regional municipality shall not pass a by-law under this section until the Minister has, by regulation, authorized the regional municipality to exercise the powers under this section. 2001, c. 25, s. 218 (5); 2002, c. 17, Sched. A, s. 43 (1). Regulations (6) The Minister may make regulations authorizing a regional municipality to exercise any power under this section. 2001, c. 25, s. 218 (6); 2002, c. 17, Sched. A, s. 43 (2). Condition (7) The Minister shall not make a regulation under subsection (6) unless the Minister has received a resolution from the regional municipality requesting the regulation. 2001, c. 25, s. 218 (7); 2002, c. 17, Sched. A, s. 43 (3). Term unaffected (8) Except as provided in subsection (4), nothing in this section authorizes a change in the term of office of a member of council. 2001, c. 25, s. 218 (8). Notice 219. (1) Before passing a by-law under section 218, the municipality shall give notice of its intention to pass the by-law and shall hold at least one public meeting to consider the matter. 2001, c. 25, s. 219 (1). Coming into force of by-law (2) A by-law passed under section 218 making changes described in clauses 218 (2) (a), (b) and (c) or in subsection 218 (3) is not valid unless, (a) a majority of all votes on the upper-tier council are cast in its favour; (b) a majority of the councils of all lower-tier municipalities forming part of the upper-tier municipality have passed resolutions consenting to the by-law; and (c) the total number of electors in the lower-tier municipalities that have passed resolutions referred to in clause (b) form a majority of all the electors in the upper-tier municipality. 2001, c. 25, s. 219 (2).
(3) Despite subsection (2), a by-law passed under section 218 does not come into force until the day the new council is organized following, (a) the first regular election following the passing of the by-law; or (b) if the by-law is passed in the year of a regular election before voting day, the second regular election following the passing of the by-law. 2001, c. 25, s. 219 (3). Election (4) The regular election held immediately before the coming into force of a by-law passed under section 218 shall be conducted as if the by-law was already in force. 2001, c. 25, s. 219 (4). Definition (5) In this section, “elector” means a person whose name appears on the voters’ list, as amended up until the close of voting on voting day, for the last regular election preceding the coming into force of a by-law under section 218. 2001, c. 25, s. 219 (5).
220. A municipality may change the titles for its head of council and other members of its council. 2001, c. 25, s. 220. Conflicts 221. In the event of a conflict between section 217, 218 or 220 or a by-law passed under those sections and any other Act in respect of the composition of a council, the term of office of the head of an upper-tier council, the number of votes given to each member or the titles of its members, section 217, 218 or 220 or a by-law passed under those sections prevails. 2001, c. 25, s. 221. Wards
222. (1) Despite any Act, a municipality may divide or redivide the municipality into wards or dissolve the existing wards. 2001, c. 25, s. 222 (1). Public meetings (2) Before passing a by-law under subsection (1), the municipality shall, (a) give notice of its intention to pass the by-law and hold at least one public meeting to consider the matter; and (b) have regard to criteria for establishing ward boundaries prescribed by the Minister. 2001, c. 25, s. 222 (2). Notice (3) Within 15 days after a by-law is passed under subsection (1), the municipality shall give notice of the passing of the by-law to the public specifying the last date for filing a notice of appeal under subsection (4). 2001, c. 25, s. 222 (3). Appeal (4) Within 45 days after a by-law is passed under subsection (1), the Minister or any other person or agency may appeal to the Ontario Municipal Board by filing a notice of appeal with the municipality setting out the objections to the by-law and the reasons in support of the objections. 2001, c. 25, s. 222 (4). Notices forwarded to Board (5) Within 15 days after the last day for filing a notice of appeal under subsection (4), the municipality shall forward any notices of appeal to the Ontario Municipal Board. 2001, c. 25, s. 222 (5). Other material (6) The municipality shall provide any other information or material that the Board requires in connection with the appeal. 2001, c. 25, s. 222 (6). Board decision (7) The Board shall hear the appeal and may, despite any Act, make an order affirming, amending or repealing the by-law. 2001, c. 25, s. 222 (7). Coming into force of by-law (8) A by-law of a municipality under this section comes into force on the day the new council of the municipality is organized following, (a) the first regular election after the by-law is passed if the by-law is passed before January 1 in the year of the regular election and, (i) no notices of appeal are filed, (ii) notices of appeal are filed and are all withdrawn before January 1 in the year of the election, or (iii) notices of appeal are filed and the Board issues an order to affirm or amend the by-law before January 1 in the year of the election; or (b) the second regular election after the by-law is passed, in all other cases except where the by-law is repealed by the Board. 2001, c. 25, s. 222 (8).
(9) Despite subsection (8), where a by-law comes into force on the day the new council of a municipality is organized following a regular election, that election shall be conducted as if the by-law was already in force. 2001, c. 25, s. 222 (9). Regulations (10) The Minister may prescribe criteria for the purpose of subsection (2). 2001, c. 25, s. 222 (10). Petition re: wards 223. (1) Electors in a municipality may present a petition to the council asking the council to pass a by-law dividing or redividing the municipality into wards or dissolving the existing wards. 2001, c. 25, s. 223 (1). Number of electors required (2) The petition requires the signatures of 1 per cent of the electors in the municipality or 500 of the electors in the municipality, whichever is less, but, in any event, a minimum of 50 signatures of the electors in the municipality is required. 2001, c. 25, s. 223 (2). Definition (3) In this section, “elector” means a person whose name appears on the voters’ list, as amended up until the close of voting on voting day, for the last regular election preceding a petition being presented to council under subsection (1). 2001, c. 25, s. 223 (3).
(4) If the council does not pass a by-law in accordance with the petition within 30 days after receiving the petition, any of the electors who signed the petition may apply to the Ontario Municipal Board to have the municipality divided or redivided into wards or to have the existing wards dissolved. 2001, c. 25, s. 223 (4). Order (5) The Board shall hear the application and may, despite any Act, make an order dividing or redividing the municipality into wards or dissolving the existing wards and subsection 222 (6) applies with necessary modifications in respect to the hearing. 2001, c. 25, s. 223 (5). Coming into force (6) An order of the Board under this section comes into force on the day the new council of the municipality is organized following, (a) the first regular election after the order is made, if the order is made before January 1 in the year of the regular election; or (b) the second regular election after the order is made, if the order is made on or after January 1 in the year of a regular election but before voting day. 2001, c. 25, s. 223 (6). Election (7) Despite subsection (6), if an order comes into force on the day the new council of a municipality is organized following a regular election, that election shall be conducted as if the order was already in force. 2001, c. 25, s. 223 (7). Deemed by-law (8) Once an order of the Board is in force, the order shall be deemed to be a by-law of the municipality and may be amended or repealed by the municipality under section 222. 2001, c. 25, s. 223 (8).
Yüklə 1,95 Mb. Dostları ilə paylaş:
|