Municipal Act, 2001, S. O. 2001, c

PART I
GENERAL

Interpretation

1.  (1)  In this Act,

“assessment corporation” means the Municipal Property Assessment Corporation; (“société d’évaluation foncière”)

“county” means an upper-tier municipality that was a county, including the Frontenac Management Board, on the day before this Act came into force; (“comté”)

“economic development services” means, in respect of a municipality, the promotion of the municipality for any purpose by the collection and dissemination of information and the acquisition, development and disposal of sites by the municipality for industrial, commercial and institutional uses; (“services de développement économique”)

“First Nation” means a band as defined in the Indian Act (Canada); (“Première nation”)

“highway” means a common and public highway and includes any bridge, trestle, viaduct or other structure forming part of the highway and, except as otherwise provided, includes a portion of a highway; (“voie publique”)

“land” includes buildings; (“bien-fonds”)

“local board” means a municipal service board, transportation commission, public library board, board of health, police services board, planning board, or any other board, commission, committee, body or local authority established or exercising any power under any Act with respect to the affairs or purposes of one or more municipalities, excluding a school board and a conservation authority; (“conseil local”)

“local municipality” means a single-tier municipality or a lower-tier municipality; (“municipalité locale”)

“lower-tier municipality” means a municipality that forms part of an upper-tier municipality for municipal purposes; (“municipalité de palier inférieur”)

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

“municipality” means a geographic area whose inhabitants are incorporated; (“municipalité”)

“old Act” means the Municipal Act, being chapter M.45 of the Revised Statutes of Ontario, 1990, as it read immediately before its repeal under this Act; (“ancienne loi”)

“person” includes a municipality unless the context otherwise requires; (“personne”)

“prescribed” means prescribed by regulations made under this Act; (“prescrit”)

“public utility” means,

(a) a system that is used to provide any of the following services or things for the public:

(i) water,

(ii) sewage,

(iii) fuel, including natural and artificial gas,

(iv) energy, excluding electricity,

(v) heating and cooling, and

(vi) telephone, and

(b) the service or thing that is provided; (“service public”)

“rateable property” means land that is subject to municipal taxation; (“bien imposable”)

“record” means information however recorded or stored, whether in printed form, on film, by electronic means or otherwise, and includes documents, financial statements, minutes, accounts, correspondence, memoranda, plans, maps, drawings, photographs and films; (“document”)

“regional municipality” means an upper-tier municipality that was a regional or district municipality or the County of Oxford on December 31, 2002; (“municipalité régionale”)

“regular election” means the triennial regular election referred to in subsection 4 (1) of the Municipal Elections Act, 1996; (“élections ordinaires”)

“same-sex partner” means a person of the same sex with whom the person is living outside marriage in a conjugal relationship, if the two persons,

(a) have cohabited for at least one year,

(b) are together the parents of a child, or

(c) have together entered into a cohabitation agreement under section 53 of the Family Law Act; (“partenaire de même sexe”)

“sewage” includes,

(a) storm water and other drainage from land, and

(b) commercial wastes and industrial wastes that are disposed of in a sewage system; (“eaux d’égout”)

“single-tier municipality” means a municipality, other than an upper-tier municipality, that does not form part of an upper-tier municipality for municipal purposes; (“municipalité à palier unique”)

“spouse” means a person of the opposite sex,

(a) to whom the person is married, or

(b) with whom the person is living outside marriage in a conjugal relationship, if the two persons,

(i) have cohabited for at least one year,

(ii) are together the parents of a child, or

(iii) have together entered into a cohabitation agreement under section 53 of the Family Law Act; (“conjoint”)

“system” means one or more programs or facilities (including real and personal property) of a person used to provide services and things to the person or to any other person and includes administration related to the programs, facilities, services and things; (“réseau”, “système”)

“transportation system” includes harbours, ports and transportation terminals; (“réseau de transport”)

“unorganized territory” means a geographic area without municipal organization; (“territoire non érigé en municipalité”)

“upper-tier municipality” means a municipality of which two or more lower-tier municipalities form part for municipal purposes. (“municipalité de palier supérieur”) 2001, c. 25, s. 1 (1).

Municipality

(2)  In this Act, a reference to a municipality is a reference to its geographical area or to the municipal corporation, as the context requires. 2001, c. 25, s. 1 (2).

Amount added to tax roll

(2.1)  If, under this or any other Act, an amount is given priority lien status, the amount may be added to the tax roll against the property in respect of which the amount was imposed or against any other property in respect of which the amount was authorized to be added by this or any other Act. 2002, c. 17, Sched. A, s. 1 (1).

Amounts imposed by upper-tier, etc.

(2.2)  The treasurer of a local municipality shall, upon the request of its upper-tier municipality, if any, or of a local board or school board whose area of jurisdiction includes any part of the local municipality, add amounts imposed by the upper-tier municipality, local board or school board, respectively, under subsection (2.1). 2002, c. 17, Sched. A, s. 1 (1).

Priority lien status

(3)  If an amount is added to the tax roll in respect of a property under subsection (2.1) or (2.2), that amount, including interest,

(a) may be collected in the same manner as taxes on the property;

(b) may be recovered with costs as a debt due to the municipality from the assessed owner of the property at the time the fee or charge was added to the tax roll and from any subsequent owner of the property or any part of it;

(c) is a special lien on the property in the same manner as are taxes under subsection 349 (3); and

(d) may be included in the cancellation price under Part XI in the same manner as are taxes on the property. 2002, c. 17, Sched. A, s. 1 (2).

Application to other Acts

(4)  This section applies to all other Acts or provisions of Acts affecting or relating to municipal matters unless the context otherwise requires. 2001, c. 25, s. 1 (4).

General definitions

(5)  Unless the context otherwise requires, the terms “county”, “local municipality”, “lower-tier municipality”, “municipality”, “regional municipality”, “single-tier municipality” and “upper-tier municipality”, when used in any other Act or regulation, have the same meanings as in subsection (1). 2002, c. 17, Sched. A, s. 1 (3).

Purposes

2.  Municipalities are created by the Province of Ontario to be responsible and accountable governments with respect to matters within their jurisdiction and each municipality is given powers and duties under this Act and many other Acts for purposes which include,

(a) providing the services and other things that the municipality considers are necessary or desirable for the municipality;

(b) managing and preserving the public assets of the municipality;

(c) fostering the current and future economic, social and environmental well-being of the municipality; and

(d) delivering and participating in provincial programs and initiatives. 2001, c. 25, s. 2.

Consultation, review

3.  (1)  The Province of Ontario endorses the principle of ongoing consultation between the Province and municipalities in relation to matters of mutual interest. 2001, c. 25, s. 3 (1).

Review

(2)  The Ministry of Municipal Affairs and Housing shall initiate a review of this Act before the end of 2007 and thereafter within five years of the end of the previous review. 2001, c. 25, s. 3 (2).

Body corporate

4.  The inhabitants of every municipality are incorporated as a body corporate. 2001, c. 25, s. 4.

Powers exercised by council

5.  (1)  The powers of a municipality shall be exercised by its council. 2001, c. 25, s. 5 (1).

Council a continuing body

(2)  Anything begun by one council may be continued and completed by a succeeding council. 2001, c. 25, s. 5 (2).

Powers exercised by by-law

(3)  A municipal power, including a municipality’s capacity, rights, powers and privileges under section 8, shall be exercised by by-law unless the municipality is specifically authorized to do otherwise. 2001, c. 25, s. 5 (3).

Scope

(4)  Subsections (1) to (3) apply to all municipal powers, whether conferred by this Act or otherwise. 2001, c. 25, s. 5 (4).

Expropriation

6.   (1)  The power of a municipality to acquire land under this or any other Act includes the power to expropriate land in accordance with the Expropriations Act. 2001, c. 25, s. 6.

Extended power

(2)  A municipality, local board or school board that has the authority to expropriate land may, with the approval of the Ontario Municipal Board, exercise the authority with respect to land or an interest in land owned by another municipality, local board or school board that has the authority to expropriate land. 2002, c. 17, Sched. A, s. 2.

Special Acts

7.  (1)  In this section,

“special Act” means an Act relating to a particular municipality. 2001, c. 25, s. 7 (1).

Relationship between this Act and special Acts

(2)  Except where otherwise expressly or by necessary implication provided,

(a) this Act does not limit or restrict the powers of a municipality under a special Act; and

(b) a special Act does not limit or restrict the powers of a municipality under this Act. 2001, c. 25, s. 7 (2).

Override power

(3)  Despite subsection (2) and the sections set out in subsection (4), a municipality may exercise its powers under any of the following provisions to override a special Act even if the special Act is more specific and is enacted more recently than the provision:

1. Section 187 (change of name).

2. Sections 188 to 193 (transfer of powers).

3. Section 216 (dissolution of local boards).

4. Sections 217, 218, 219, 220 and 221 (council composition).

5. Sections 222 and 223 (wards).

6. Any other provision of an Act that provides, expressly or by necessary implication, that the provision or the exercise of power under the provision prevails over the special Act. 2001, c. 25, s. 7 (3).

Provisions

(4)  The sections referred to in subsection (3) are section 27 of the City of Toronto Act, 1997 (No. 1), section 120 of the City of Toronto Act, 1997 (No. 2), section 47 of the Town of Haldimand Act, 1999, section 37 of the City of Hamilton Act, 1999, section 38 of the Town of Norfolk Act, 1999, section 38 of the City of Ottawa Act, 1999 and section 37 of the City of Greater Sudbury Act, 1999. 2001, c. 25, s. 7 (4).

Exclusion

(5)  Subsection (3) does not apply if the special Act expressly or by necessary implication precludes the exercise of the power by provisions other than those set out in subsection (4). 2001, c. 25, s. 7 (5).

PART II
GENERAL MUNICIPAL POWERS

Powers of a natural person

8.  A municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act. 2001, c. 25, s. 8.

Interpretation

9.  (1)  Sections 8 and 11 shall be interpreted broadly so as to confer broad authority on municipalities,

(a) to enable them to govern their affairs as they consider appropriate; and

(b) to enhance their ability to respond to municipal issues. 2001, c. 25, s. 9 (1).

Ambiguity

(2)  In the event of ambiguity in whether or not a municipality has the authority to pass a by-law under sections 8 and 11, the ambiguity shall be resolved so as to include, rather than exclude, municipal powers that existed on December 31, 2002. 2002, c. 17, Sched. A, s. 3.

Scope of by-law making powers

(3)  Without limiting the generality of subsections (1) and (2), a by-law under section 11 respecting a matter may,

(a) regulate or prohibit respecting the matter; and

(b) as part of the power to regulate or prohibit respecting the matter, require persons to do things respecting the matter, provide for a system of licences, permits, approvals or registrations respecting the matter and impose conditions as a requirement of obtaining, continuing to hold or renewing a licence, permit, approval or registration. 2001, c. 25, s. 9 (3).

Scope

10.  (1)  Without limiting the generality of section 9 and except as otherwise provided, a by-law under this Act, except Parts VII to XIII, may be general or specific in its application and may differentiate in any way and on any basis a municipality considers appropriate. 2001, c. 25, s. 10 (1).

Classes

(2)  Despite subsection (1) and except as otherwise provided, a by-law under this Act may only deal differently with different persons or businesses if the persons or businesses constitute different classes of persons or businesses defined in the by-law. 2001, c. 25, s. 10 (2).

Spheres of Jurisdiction

Spheres of jurisdiction, single-tier municipality

11.  (1)  A single-tier municipality may pass by-laws respecting matters within the following spheres of jurisdiction:

1. Highways, including parking and traffic on highways.

2. Transportation systems, other than highways.

3. Waste management.

4. Public utilities.

5. Culture, parks, recreation and heritage.

6. Drainage and flood control, except storm sewers.

7. Structures, including fences and signs.

8. Parking, except on highways.

9. Animals.

10. Economic Development Services. 2001, c. 25, s. 11 (1).

Spheres of jurisdiction, lower and upper-tiers

(2)  A lower-tier municipality and an upper-tier municipality may pass by-laws respecting matters within the spheres of jurisdiction described in the Table to this section, subject to the following provisions:

1. If a sphere or part of a sphere of jurisdiction is not assigned to an upper-tier municipality by the Table, the upper-tier municipality does not have the power to pass by-laws under that sphere or part.

2. If a sphere or part of a sphere of jurisdiction is assigned to an upper-tier municipality exclusively by the Table, its lower-tier municipalities do not have the power to pass by-laws under that sphere or part.

3. If a sphere or part of a sphere of jurisdiction is assigned to an upper-tier municipality non-exclusively by the Table, both the upper-tier municipality and its lower-tier municipalities have the power to pass by-laws under that sphere or part.

4. An upper-tier municipality does not have the power to pass a by-law that applies within one of its lower-tier municipalities under a sphere or part of a sphere of jurisdiction to the extent that this Act (other than this section) or any other Act confers power to pass the by-law on the lower-tier municipality.

5. A lower-tier municipality does not have the power to pass a by-law under a sphere or part of a sphere of jurisdiction to the extent that this Act (other than this section) or any other Act confers power to pass the by-law on its upper-tier municipality. 2001, c. 25, s. 11 (2).

TABLE

Sphere of Jurisdiction	Part of Sphere Assigned	Upper-tier Municipality (ies) to which Part of Sphere assigned	Exclusive or Non-Exclusive Assignment
1. Highways, including parking and traffic on highways	Whole sphere	All upper-tier municipalities	Non-exclusive
2. Transportation systems, other than highways	Airports	All upper-tier municipalities	Non-exclusive
	Ferries	All upper-tier municipalities	Non-exclusive
	Disabled passenger transportation system	Peel, Halton	Non-exclusive
	Bus passenger transportation system	Waterloo, York	Exclusive
3. Waste management	Whole sphere, except waste collection	Durham, Halton, Lambton, Oxford, Peel, Waterloo, York	Exclusive
4. Public Utilities	Sewage treatment	All counties, Niagara, Waterloo, York	Non-exclusive
		Durham, Halton, Muskoka, Oxford, Peel	Exclusive
	Collection of sanitary sewage	All counties, Niagara, Waterloo, York	Non-exclusive
		Durham, Halton, Muskoka, Oxford, Peel	Exclusive
	Collection of storm water and other drainage from land	All upper-tier municipalities	Non-exclusive
	Water production, treatment and storage	All upper-tier municipalities except counties	Exclusive
	Water distribution	Niagara, Waterloo, York	Non-exclusive
		Oxford, Durham, Halton, Muskoka, Peel	Exclusive
5. Culture, parks, recreation and heritage	Whole sphere	All upper-tier municipalities	Non-exclusive
6. Drainage and flood control, except storm sewers	Whole sphere	All upper-tier municipalities	Non-exclusive
7. Structures, including fences and signs	Whole sphere, except fences and signs	Oxford	Non-exclusive
8. Parking, except on highways	Municipal parking lots and structures	All upper-tier municipalities	Non-exclusive
9. Animals	None	None
10. Economic Development Services	Promotion of the municipality for any purpose by the collection and dissemination of information	Durham, Oxford	Exclusive
		All counties, Halton, Muskoka, Niagara, Peel, Waterloo,York	Non-exclusive
	Acquisition, development and disposal of sites for industrial, commercial and institutional uses	Durham, Oxford, Peel	Exclusive
		Halton, Lambton	Non-exclusive

2001, c. 25, s. 11, Table; 2002, c. 17, Sched. A, s. 4.

Previous transfer of powers

12.  If, on December 31, 2002, an order under section 25.2 or 25.3 of the old Act, a by-law passed under section 209, 209.2 or 209.4 of the old Act or a by-law passed under section 41 of the Regional Municipality of Waterloo Act or under section 150 of the Regional Municipalities Act, as they read on that day, was in force, the order or by-law continues, and the power to pass by-laws conferred as a result of the order or by-law continues, despite section 11 and has the same effect as it had on December 31, 2002. 2001, c. 25, s. 12; 2002, c. 17, Sched. A, s. 5.

Conflicts

Conflict between certain by-laws

13.  (1)  If there is conflict between a by-law passed by a lower-tier municipality under section 11 and a by-law passed by its upper-tier municipality under section 11, the by-law of the upper-tier municipality prevails to the extent of the conflict. 2001, c. 25, s. 13 (1).

Example

(2)  Without restricting the generality of subsection (1), there is conflict between by-laws of different tiers if a by-law of the lower-tier municipality renders inoperative an integral part of a system of the upper-tier municipality. 2001, c. 25, s. 13 (2).

Conflict between by-law and statutes, etc.

14.  A by-law is without effect to the extent of any conflict with,

(a) a provincial or federal Act or a regulation made under such an Act; or

(b) an instrument of a legislative nature, including an order, licence or approval, made or issued under a provincial or federal Act or regulation. 2001, c. 25, s. 14.

Restrictions Affecting Municipal Powers

Specific powers, by-laws under general powers

15.  (1)  If a municipality has power to pass a by-law under section 8 or 11 and also under a specific provision of this or any other Act, the power conferred by section 8 or 11 is subject to any procedural requirements, including conditions, approvals and appeals, that apply to the power and any limits on the power contained in the specific provision. 2001, c. 25, s. 15 (1).

Application to new and existing provisions

(2)  Subsection (1) applies whether the specific provision was enacted before or after,

(a) the day this section comes into force; or

(b) the day a by-law passed under section 8 or 11 comes into force. 2001, c. 25, s. 15 (2).

No retroactive effect

(3)  Nothing in this section invalidates a by-law which was passed in accordance with the procedural requirements in force at the time the by-law was passed. 2001, c. 25, s. 15 (3).

Fences, signs, etc.

(4)  The power to pass a by-law with respect to fences and signs under section 8 or 11 is not affected by this section. 2001, c. 25, s. 15 (4).

Restrictions, systems and facilities of other tier

16.  (1)  Under each sphere of jurisdiction, a lower-tier or upper-tier municipality does not, except as otherwise provided, have the power to pass a by-law with respect to systems of its upper-tier or lower-tier municipality, as the case may be, of the type authorized by that sphere. 2001, c. 25, s. 16 (1).

Powers limited

(2)  A municipality does not, except as otherwise provided, have power to pass a by-law under the following spheres of jurisdiction with respect to systems of a person other than the municipality of the type authorized by that sphere:

1. Public utilities.

2. Waste management.

3. Highways, including parking and traffic on highways.

4. Transportation systems, other than highways.

5. Culture, parks, recreation and heritage.

6. Parking, except on highways. 2001, c. 25, s. 16 (2).

Exception

(3)  Nothing in this section prevents a municipality passing a by-law with respect to a system of any person to the extent necessary,

(a) to ensure the physical operation of a system of the municipality is not impaired; or

(b) to ensure the municipality or a system of the municipality meets any provincial standards or regulations that apply to it. 2001, c. 25, s. 16 (3).

Municipal service boards

(4)  A reference in this section to a municipality, an upper-tier municipality or a lower-tier municipality includes a municipal service board of it. 2001, c. 25, s. 16 (4).

Restrictions, corporate and financial matters

17.  (1)  Sections 8 and 11 do not authorize a municipality to,

(a) incorporate a corporation or nominate or authorize a person to act as an incorporator, director, officer or member of a corporation;

(b) exercise any power as a member of a corporation;

(c) acquire any interest in, or guarantee or exercise any power as a holder of, a security of a corporation;

(d) impose taxes, fees or charges;

(e) borrow or invest money or sell debt;

(e.1) incur debt without borrowing money for the purpose of obtaining long-term financing of any capital undertaking;

(f) enter into agreements for the purpose of minimizing costs or financial risk associated with the incurring of debt;

(g) make a grant or a loan;

(h) provide or make contributions for pensions;

(h.1) delegate to any person the powers and duties with respect to the matters described in clauses (d), (e), (e.1) and (f) and any other prescribed powers and duties;

(h.2) take any other prescribed financial action;

(i) become a bankrupt under the Bankruptcy and Insolvency Act (Canada); or

(j) as an insolvent person, make an assignment for the general benefit of creditors under section 49 of the Bankruptcy and Insolvency Act (Canada) or make a proposal under section 50 of that Act. 2001, c. 25, s. 17 (1); 2002, c. 17, Sched. A, s. 6 (1, 2).

Exception, corporations

(2)  Despite subsection (1), if a regulation is made under section 203 governing an activity described in clause (1) (a), (b) or (c), the municipality may exercise its powers under sections 8 and 11 to carry out those activities in accordance with the regulation. 2001, c. 25, s. 17 (2).

Regulations

(3)  The Minister may make regulations prescribing powers and duties for the purposes of clause (1) (h.1) and financial actions for the purpose of clause (1) (h.2). 2002, c. 17, Sched. A, s. 6 (3).

Monopolies

18.  A municipality shall not confer on any person the exclusive right of carrying on any business, trade or occupation unless specifically authorized to do so under any Act. 2001, c. 25, s. 18.

Geographic Application

Limited to municipal boundaries

19.  (1)  By-laws and resolutions of a municipality apply only within its boundaries, except as provided in subsection (2) or in any other provisions of this or any other Act. 2001, c. 25, s. 19 (1).

Exception, services

(2)  A municipality may exercise its powers, other than its power to impose taxes, to provide a municipal system to provide a service or thing in an area in another municipality or in unorganized territory if one of the purposes for so acting is for its own purposes and if one of the following conditions applies:

1. The service or thing is provided only to inhabitants of the municipality providing the service or thing.

2. The other municipality is a single-tier municipality and the service or thing is provided with its consent.

3. The other municipality is a lower-tier municipality and the service or thing is provided with the consent of,

i. the lower-tier municipality, if it has jurisdiction to provide the service or thing in the area,

ii. its upper-tier municipality, if it has that jurisdiction, or

iii. both the lower-tier municipality and its upper-tier municipality, if they both have that jurisdiction.

4. The service or thing is provided in unorganized territory,

i. with the consent of a local body that has jurisdiction to provide the service or thing in the area, or

ii. with the consent of the person who receives the service or thing, if no local body has jurisdiction. 2001, c. 25, s. 19 (2); 2002, c. 17, Sched. A, s. 7.

Terms

(3)  A consent under subsection (2) may be given subject to such conditions and limits on the powers to which the consent relates as may be agreed upon. 2001, c. 25, s. 19 (3).

Definition

(4)  In subsection (2),

“local body” means an area services board, local services board, local roads board, statute labour board, school board, district social services administration board, board of health and any other board, commission, body or local authority exercising any power with respect to municipal affairs or purposes in unorganized territory. 2001, c. 25, s. 19 (4).

Agreements

Joint undertakings

20.  (1)  A municipality may enter into an agreement with one or more municipalities or local bodies, as defined in section 19, or a combination of both to jointly provide, for their joint benefit, any matter which all of them have the power to provide within their own boundaries. 2001, c. 25, s. 20 (1).

Outside boundaries

(2)  The municipality may provide the matter in accordance with the agreement anywhere that any of the municipalities or local bodies have the power to provide the matter. 2001, c. 25, s. 20 (2).

Agreements with First Nation

21.  (1)  A municipality may enter into an agreement with a First Nation to provide a municipal system within the limits of the reserve occupied by the First Nation, whether the reserve is within the municipality or not. 2001, c. 25, s. 21 (1).

Power

(2)  The municipality may provide the system outside its boundaries in accordance with the agreement. 2001, c. 25, s. 21 (2).

Agreements with province

22.  (1)  A municipality may provide a system that it would otherwise not have power to provide within the municipality, if it does so in accordance with an agreement with the Province of Ontario under a program established and administered by the Province of Ontario. 2001, c. 25, s. 22 (1).

Power

(2)  The municipality may provide the system outside its boundaries in accordance with the agreement. 2001, c. 25, s. 22 (2).

Outside boundaries

(3)  A municipality may provide a system that it has power to provide within the municipality outside its boundaries in accordance with an agreement with the Province of Ontario. 2001, c. 25, s. 22 (3).

Agreements respecting private services

23.  A municipality may enter into an agreement with any person to construct, maintain and operate a private road or a private water or sewage works, including fire hydrants. 2001, c. 25, s. 23.