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

PART XV
MUNICIPAL LIABILITY

Immunity

448.  (1)  No proceeding for damages or otherwise shall be commenced against a member of council or an officer, employee or agent of a municipality or a person acting under the instructions of the officer, employee or agent for any act done in good faith in the performance or intended performance of a duty or authority under this Act or a by-law passed under it or for any alleged neglect or default in the performance in good faith of the duty or authority. 2001, c. 25, s. 448 (1).

Liability for torts

(2)  Subsection (1) does not relieve a municipality of liability to which it would otherwise be subject in respect of a tort committed by a member of council or an officer, employee or agent of the municipality or a person acting under the instructions of the officer, employee or agent. 2001, c. 25, s. 448 (2).

Liability in nuisance re: water and sewage

449.  (1)  No proceeding based on nuisance, in connection with the escape of water or sewage from sewage works or water works, shall be commenced against,

(a) a municipality or local board;

(b) a member of a municipal council or of a local board; or

(c) an officer, employee or agent of a municipality or local board. 2001, c. 25, s. 449 (1).

Definitions

(2)  In this section,

“sewage works” means all or any part of facilities for the collection, storage, transmission, treatment or disposal of sewage, including a sewage system to which the Building Code Act, 1992 applies; (“station d’épuration des eaux d’égout”)

“water works” means facilities for the collection, production, treatment, storage, supply or distribution of water, or any part of the facilities. (“station de purification de l’eau”) 2001, c. 25, s. 449 (2).

Rights preserved

(3)  Subsection (1) does not exempt a municipality or local board from liability arising from a cause of action that is created by a statute or from an obligation to pay compensation that is created by a statute. 2001, c. 25, s. 449 (3).

Transition

(4)  Subsection (1) does not apply if the cause of action arose before December 19, 1996. 2001, c. 25, s. 449 (4).

Policy decisions

450.  No proceeding based on negligence in connection with the exercise or non-exercise of a discretionary power or the performance or non-performance of a discretionary function, if the action or inaction results from a policy decision of a municipality or local board made in a good faith exercise of the discretion, shall be commenced against,

(a) a municipality or local board;

(b) a member of a municipal council or of a local board; or

(c) an officer, employee or agent of a municipality or local board. 2001, c. 25, s. 450.

PART XVI

REGULATIONS AND FORMS

Scope

451.  A regulation under this Act may be general or specific in its application and may differentiate in any way and on any basis that the person or body making the regulation considers appropriate. 2001, c. 25, s. 451.

Regulations respecting powers

452.  (1)  The Lieutenant Governor in Council may make regulations authorizing municipalities to exercise a power that they had on December 31, 2002. 2001, c. 25, s. 452 (1).

Retroactive

(2)  A regulation under subsection (1) may be retroactive to a day not earlier than January 1, 2003. 2001, c. 25, s. 452 (2).

Use of power

(3)  A regulation under subsection (1) may provide for any matter that in the opinion of the Lieutenant Governor in Council is necessary or desirable to ensure that the use of the power by the municipality before the regulation is filed has the same effect as if the municipality had always had the power, including extinguishing any right, obligation or interest acquired or accrued. 2001, c. 25, s. 452 (3).

Conflicts

(4)  If there is a conflict between a regulation under this section and any Act or other regulation, the regulation under this section prevails. 2002, c. 17, Sched. A, s. 83.

Regulations, transitional matters

453.  (1)  The Minister may make regulations providing for transitional matters which, in the opinion of the Minister, are necessary or desirable,

(a) to facilitate the implementation of this Act or any provision of this Act;

(b) to deal with problems or issues arising as a result of the repeal of the old Act and the enactment of this Act;

(c) to deal with problems or issues arising as a result of the repeal of an Act or a provision of an Act by this Act or by the Municipal Statute Law Amendment Act, 2002. 2001, c. 25, s. 453 (1); 2002, c. 17, Sched. A, s. 84.

Conflicts

(2)  If there is a conflict between a regulation under this section and any Act or any regulation, the regulation under this section prevails. 2001, c. 25, s. 453 (2).

Forms

454.  (1)  The Minister may by order establish and require the use of forms for the purposes of this Act. 2001, c. 25, s. 454 (1).

Not regulation

(2)  An order of the Minister under this section is not a regulation to which the Regulations Act applies. 2001, c. 25, s. 454 (2).

PART XVII
TRANSITION

Transition

Lower-tier municipality

455.  (1)  Every city, town, township and village that existed and formed part of a county, a regional or district municipality or the County of Oxford for municipal purposes on December 31, 2002,

(a) is continued with the same name; and

(b) has the status of a lower-tier municipality which stands in the place of the city, town, township or village, as the case may be, for all purposes. 2001, c. 25, s. 455 (1).

Single-tier municipality

(2)  Every city, town, township and village that existed and did not form part of a county, a regional or district municipality or the County of Oxford for municipal purposes on December 31, 2002,

(a) is continued with the same name; and

(b) has the status of a single-tier municipality which stands in the place of the city, town, township or village, as the case may be, for all purposes. 2001, c. 25, s. 455 (2).

Upper-tier municipality

(3)  Every county and every regional or district municipality and the County of Oxford that existed on December 31, 2002,

(a) is continued with the same name; and

(b) has the status of an upper-tier municipality which stands in the place of the county, regional or district municipality or the County of Oxford, as the case may be, for all purposes. 2001, c. 25, s. 455 (3).

Union of townships

(4)  A township which was a union of townships on December 31, 2002 has the status of a lower-tier municipality or single-tier municipality under subsection (1) or (2), as the case may be, and does not for any purpose continue to be a union of townships. 2001, c. 25, s. 455 (4).

Union of counties

(5)  A county which was a union of counties on December 31, 2002 has the status of an upper-tier municipality under subsection (3) and does not for any purpose continue to be a union of counties. 2001, c. 25, s. 455 (5).

Continuation

(6)  Every local board of one or more cities, towns, townships, villages, counties, regional or district municipalities or the County of Oxford on December 31, 2002 is continued as a local board of the corresponding single-tier municipalities, lower-tier municipalities and upper-tier municipalities on January 1, 2003. 2002, c. 17, Sched. A, s. 85.

Police villages

456.  (1)  Despite the repeal of the old Act, police villages in existence on January 1, 2003 continue to exist until they are dissolved. 2001, c. 25, s. 456 (1).

Continuation

(2)  Sections 332 to 357 of the old Act continue to apply to those police villages and the local municipalities in which they are located except,

(a) a reference in those sections to a township or village shall be deemed to be a reference to a local municipality; and

(b) the references in section 348 of the old Act to other provisions of the old Act shall be deemed to be references to those provisions as they read on December 31, 2002. 2001, c. 25, s. 456 (2).

Continuation of by-laws, resolutions

457.  (1)  If, as a result of this Act or the Municipal Statute Law Amendment Act, 2002, a city, town, township, village, county, regional or district municipality, the County of Oxford or a local board, as defined in the Municipal Affairs Act, that existed on December 31, 2002 no longer has the authority to pass a by-law or resolution that was in force on December 31, 2002, despite the absence of authority,

(a) the by-law or resolution continues in force until its repeal, expiration or January 1, 2006, whichever occurs first; and

(b) the authority, as it read on December 31, 2002, continues to apply to the by-law or resolution passed under it before January 1, 2003. 2001, c. 25, s. 457 (1); 2002, c. 17, Sched. A, s. 86.

Restriction

(2)  A by-law or resolution described in subsection (1) shall not be amended. 2001, c. 25, s. 457 (2).

Effect

(3)  Nothing in this section repeals or authorizes the repeal of by-laws or resolutions conferring rights, privileges, franchises, immunities or exemptions that could not have been lawfully repealed by the city, town, township, village, county, regional or district municipality or the County of Oxford. 2001, c. 25, s. 457 (3).

Composition of councils continued

458.  On January 1, 2003, the composition of the council of a municipality, the method of electing or appointing its members, the number of votes given to each member and the titles of its members shall be the same as they were on December 31, 2002. 2001, c. 25, s. 458.

Wards continue

459.  On January 1, 2003, the wards of a municipality and a local board are the same as they were on December 31, 2002. 2001, c. 25, s. 459.

Continuation of services

460.  A lower-tier municipality that is lawfully providing a waste management service or facility on December 31, 2002 may, despite section 11, continue to provide the service or facility so long as there is no interruption in the continuity of providing the service or facility. 2001, c. 25, s. 460.

Conflict re: tree by-laws

461.  (1)  If, on January 1, 2003, there is a conflict between an upper-tier by-law and a lower-tier by-law relating to the regulation or prohibition of the destruction or injuring of trees, the by-law that is the most restrictive of the destruction or injuring of trees prevails. 2001, c. 25, s. 461.

By-laws made after December 31, 2002

(2)  Subsection (1) does not apply to a conflict between a by-law of an upper-tier municipality passed after December 31, 2002 under this Act and a by-law of a lower-tier municipality passed after December 31, 2002 under this Act. 2002, c. 17, Sched. A, s. 87.

Agreement re: flood control

462.  Despite the repeal of paragraph 15 of section 207 of the old Act, that paragraph continues to apply to land acquired by a municipality or land with respect to which a municipality has entered into a binding agreement to acquire before January 1, 2003. 2001, c. 25, s. 462.

Canals

463.  Despite the repeal of the old Act, section 219 of that Act continues to apply to docks or slips authorized by a municipality to be constructed, maintained and used in its water canal before January 1, 2003. 2001, c. 25, s. 463.

Pensions

464.  Despite the repeal of section 117 and paragraph 46 of section 207 of the old Act,

(a) an approved pension plan, as defined in subsection 117 (1) of the old Act as it read on December 31, 2002, continues to exist until its assets are transferred to another approved pension plan or to the Ontario Municipal Employees Retirement Fund or it is wound up; and

(b) those provisions, as they read on December 31, 2002, continue to apply for the purpose of administering, transferring the assets or winding up any approved pension plan in existence on December 31, 2002. 2001, c. 25, s. 464.

465.  Repealed: 2002, c. 17, Sched. A, s. 88.

Past tax deferrals

466.  Section 373 of the Municipal Act, as it read on December 31, 2000, continues to apply to deferrals given under that section before that date. 2001, c. 25, s. 466.

Liability re: fire service

467.  Despite the repeal of the old Act, clause (e) of paragraph 31 of section 210 and paragraph 32 of section 210 of that Act continue to apply for the purpose of protecting a municipality from liability with respect to agreements entered into and emergency fire service plans adopted prior to January 1, 2003. 2001, c. 25, s. 467.

Boards of control

468.  (1)  Despite the repeal of the old Act, Part V of that Act continues to apply to boards of control in existence on December 31, 2002, except a reference in subsections 68 (3), (6) and (7) of the repealed Part to a two-thirds vote shall be deemed to be a reference to a majority vote. 2001, c. 25, s. 468 (1).

City of London

(2)  The board of control of The Corporation of the City of London shall be deemed to be a board of control under section 64 of the old Act. 2001, c. 25, s. 468 (2).

Waste

469.  (1)  Despite the repeal of section 208.3 and subsections 209 (10), (12) and (13) of the old Act, sections 151 and 152 of the Regional Municipalities Act, section 36 of the Regional Municipality of Durham Act, section 34 of the Regional Municipality of Halton Act, sections 40 and 41 of the Regional Municipality of Waterloo Act and section 33 of the Regional Municipality of York Act,

(a) any term, restriction or condition imposed by a municipality or the Ontario Municipal Board on an approval or consent under those sections continues to apply; and

(b) those provisions, as they read on December 31, 2002, continue to apply for the purpose of making an appeal to the Ontario Municipal Board under them. 2001, c. 25, s. 469 (1).

By-laws re: waste, counties

(2)  Despite the repeal of subsections 209 (15) to (18) and (25) to (29) of the old Act, those subsections, as they read on December 31, 2002, continue to apply to by-laws passed under subsection 209 (2) of the old Act before January 1, 2003. 2001, c. 25, s. 469 (2).

By-laws re: waste, regions

(3)  Despite the repeal of sections 153, 157, 158 and 159 of the Regional Municipalities Act, those sections, as they read on December 31, 2002, continue to apply to by-laws passed or deemed to have been passed under section 150 of that Act before January 1, 2003, including by-laws made under that section as incorporated into other Acts by subsection 126 (7) of the County of Oxford Act and section 128 of the District Municipality of Muskoka Act as they read immediately before their repeal. 2001, c. 25, s. 469 (3).

By-laws re: waste, Waterloo

(4)  Despite the repeal of clauses 41 (3) (d), (e) and (f) of the Regional Municipality of Waterloo Act, those clauses, as they read on December 31, 2002, continue to apply to by-laws passed under section 41 of that Act before January 1, 2003. 2001, c. 25, s. 469 (4).

Boundary orders

470.  Despite the repeal of section 14 of the Municipal Boundary Negotiations Act, any order made under that Act continues to apply to the municipalities to which the order relates. 2001, c. 25, s. 470.

Telephone system

471.  Despite the repeal of the Telephone Act, an approval or consent given by the Ontario Telephone Service Commission under section 42 or 43 of that Act, as it read on December 31, 2002, continues to apply to authorize a municipality to extend its telephone system into another municipality or into unorganized territory. 2001, c. 25, s. 471.

Dissolution of Oxford County Board of Health

472.  (1)  On January 1, 2003, the Oxford County Board of Health is dissolved. 2001, c. 25, s. 472 (1).

Transfer of assets and liabilities

(2)  All assets and liabilities of the Oxford County Board of Health on December 31, 2002, including all rights, interests, approvals, registrations and entitlements, become the assets and liabilities of the County of Oxford on January 1, 2003, without compensation. 2001, c. 25, s. 472 (2).

By-laws, resolutions

(3)  Every by-law and resolution of the Oxford County Board of Health that is in force on December 31, 2002 shall be deemed to be a by-law and resolution of the County of Oxford on January 1, 2003. 2001, c. 25, s. 472 (3).

Employees

(4)  A person who is an employee of the Oxford County Board of Health on December 31, 2002 and who would, but for this section, still be an employee of the Oxford County Board of Health on January 1, 2003, is an employee of the County of Oxford on January 1, 2003. 2001, c. 25, s. 472 (4).

Not a termination

(5)  A person’s employment with the Oxford County Board of Health shall be deemed not to have been terminated for any purpose by anything in subsection (4). 2001, c. 25, s. 472 (5).

Terms in other Acts

473.  (1)  In any Act or regulation,

(a) a reference to a tax collector of a municipality shall be deemed to be a reference to the treasurer of the municipality;

(b) a reference to a collector’s roll of a municipality shall be deemed to be a reference to the tax roll of the municipality; and

(c) a reference to a clerk of a local municipality taking any action or receiving notice with respect to the collector’s roll of the local municipality shall be deemed to be a reference to the treasurer of the local municipality. 2001, c. 25, s. 473 (1).

(2)  Repealed: 2002, c. 17, Sched. A, s. 89.

Taxes imposed under certain Parts of old Act

474.  Despite the repeal of the old Act, Parts XXII.1, XXII.2 and XXII.3 of that Act continue to apply with respect to taxes imposed in accordance with those Parts, including any power under those Parts to make regulations relating to taxes payable under the old Act for any year ending before January 1, 2003. 2004, c. 31, Sched. 26, s. 9.

Transitional rules, municipal restructuring

474.1  (1)  Despite the repeal of an Act or provision of an Act by this Act or by the Municipal Statute Law Amendment Act, 2002 related to a municipal restructuring, any repealed provision setting out transitional rules with respect to by-laws, resolutions, official plans, agreements and assets and liabilities of a municipality, other than provisions dealing with employees, continues to apply in the same manner as it would have applied if it had not been repealed. 2002, c. 17, Sched. A, s. 90.

Transitional rules continued

(2)  Despite the repeal of the authority to make a regulation or any provision of a regulation by this Act or by the Municipal Statute Law Amendment Act, 2002 relating to a municipal restructuring, any provision for which the authority is repealed setting out transitional rules with respect to by-laws, resolutions, official plans, agreements and assets and liabilities of a municipality, other than provisions dealing with employees, continue to apply in the same manner as it would have applied if the authority had not been repealed. 2002, c. 17, Sched. A, s. 90.

Continuation of provisions re: restructuring

474.2  Despite the repeal of subsection 3 (1) of the Barrie-Innisfil Annexation Act, 1981, section 4 of the Barrie-Vespra Annexation Act, 1984, subsection 5 (1) of The Brantford-Brant Annexation Act, 1980 and subsection 2 (3) of the Sarnia-Lambton Act, 1989, those provisions continue to apply until the date mentioned in each of them, respectively, and despite the repeal of subsections 5 (2) to (4) of The Brantford-Brant Annexation Act, 1980, those provisions continue to apply in the same manner as they would have applied if they had not been repealed. 2002, c. 17, Sched. A, s. 90.

Certain tax credit by-laws

474.3  Despite the repeal of the Municipal Elderly Residents’ Assistance Act, that Act continues to apply with respect to by-laws authorizing tax credits under that Act passed before January 1, 2003. 2002, c. 17, Sched. A, s. 90.

Pipe line

474.4  Despite the repeal of the Barrie-Vespra Annexation Act, 1984, section 6 of that Act continues to apply if any portion of the Trans-Canada Pipe Line, as it existed on December 31, 1983, located in the area annexed to the City of Barrie under that Act continues to exist. 2002, c. 17, Sched. A, s. 90.

Trust fund

474.5  Despite the repeal of section 20.1 of the Regional Municipality of Durham Act, that section continues to apply until the trust fund described in that section is depleted. 2002, c. 17, Sched. A, s. 90.

Home for the aged, Oxford

474.6  Despite the repeal of section 67 of the County of Oxford Act, that section continues to apply until all of the residents described in that section cease to be residents of a home for the aged as described in that section. 2002, c. 17, Sched. A, s. 90.

Home for the aged, Muskoka

474.7  Despite the repeal of sections 59 and 60 of the District Municipality of Muskoka Act, those sections continue to apply until all of the residents described in those sections cease to be residents of the home for the aged as described in those sections. 2002, c. 17, Sched. A, s. 90.

Financial matters, London-Middlesex

474.8  Despite the repeal of sections 43 and 47 of the London-Middlesex Act, 1992, those sections continue to apply until December 31, 2003. 2002, c. 17, Sched. A, s. 90.

County of Simcoe

474.9  Despite the repeal of Part VIII of the County of Simcoe Act, 1993, that Part, including the power to make orders and regulations, continues to apply as if it had not been repealed with the following modifications:

1. In subsection 65 (2), the reference to subsections is to those subsections as they read immediately before their repeal by the Municipal Act, 2001.

2. In subclause 67 (1) (a) (ii), the reference to “Municipal Act” is changed to “Municipal Act, 2001”.

3. In subsection 68 (3), the phrase “struck off the roll as uncollectible under section 441 of the Municipal Act” is replaced by “removed from the tax roll under section 354 of the Municipal Act, 2001”.

4. In section 69, the reference to “37 (2) of the Municipal Act” is changed to “258 (2) of the Municipal Act, 2001”.

5. In subsection 71 (1), the reference to Municipal Boundary Negotiations Act is a reference to that Act as it read immediately before its repeal by the Municipal Act, 2001. 2002, c. 17, Sched. A, s. 90.

Local improvement matters

474.10  (1)  Despite the repeal of the Local Improvement Act, any matter or proceeding commenced under that Act before January 1, 2003 shall be continued and finally disposed of under that Act. 2002, c. 17, Sched. A, s. 90.

Deemed commencement

(2)  For the purposes of subsection (1), a proceeding to undertake a local improvement is deemed to have commenced under section 8, 10 or 12 of the Local Improvement Act when notice in Form 1, 2 or 3, respectively, of that Act has been given. 2002, c. 17, Sched. A, s. 90.