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

PART V
municipal reorganization

Municipal Restructuring

Purposes

171.  (1)  The purposes of sections 172 to 179 are,

(a) to provide for a process which allows municipal restructuring to proceed in a timely and efficient manner;

(b) to facilitate municipal restructuring over large geographic areas; and

(c) to facilitate municipal restructuring of a significant nature which may include elimination of a level of municipal government, transfer of municipal powers and responsibilities and changes to municipal representation systems. 2001, c. 25, s. 171 (1).

Interpretation

(2)  In sections 172 to 179, a reference to a municipality does not include the cities of Toronto, Hamilton, Ottawa and Greater Sudbury, Haldimand County or Norfolk County or a regional municipality or its lower-tier municipalities except with respect to minor restructuring proposals described in subsection 173 (16). 2001, c. 25, s. 171 (2).

Definitions

172.  In sections 171 to 186,

“local body” means, in respect of unorganized territory, a local body as described in the regulations; (“organisme local”)

“resident” means a person who is a permanent resident or a temporary resident having a permanent dwelling within a geographic area and who is a Canadian citizen and is at least 18 years of age; (“résident”)

“restructuring” means,

(a) annexing part of a municipality to another municipality,

(b) annexing a geographic area that does not form part of a municipality to a municipality,

(c) amalgamating a municipality with another municipality,

(d) separating a local municipality from an upper-tier municipality for municipal purposes,

(e) joining a local municipality to an upper-tier municipality for municipal purposes,

(f) dissolving all or part of a municipality, and

(g) incorporating the inhabitants of a geographic area as a municipality. (“restructuration”) 2001, c. 25, s. 172.

Proposal to restructure

173.  (1)  A municipality or local body in a geographic area may, subject to subsection (2), make a restructuring proposal to restructure municipalities and unorganized territory in the geographic area by submitting to the Minister a restructuring report containing,

(a) a description of the restructuring proposal in a form and in such detail as the Minister may require; and

(b) proof in a form satisfactory to the Minister that,

(i) the restructuring proposal has the prescribed degree of support of the prescribed municipalities and local bodies in the geographic area,

(ii) the support was determined in the prescribed manner,

(iii) the municipalities and local bodies which support the restructuring proposal meet the prescribed criteria, and

(iv) the municipality or local body consulted the public in the required manner. 2001, c. 25, s. 173 (1).

Limitation

(2)  A restructuring proposal shall not provide for a type of restructuring other than a prescribed type of restructuring. 2001, c. 25, s. 173 (2).

Consultation

(3)  Before the council of a municipality votes on whether to support or oppose a restructuring proposal, the council shall or may, as applicable, do the following things when the proposal is being developed or after it is developed:

1. Council shall consult with the public by giving notice of, and by holding, at least one public meeting.

2. Council shall consult with such persons or bodies as the Minister may prescribe.

3. Council may consult with such other persons and bodies as the municipality considers appropriate. 2001, c. 25, s. 173 (3).

Implementation

(4)  The Minister may, by order, implement a restructuring proposal in accordance with the regulations made under subsection (17) if,

(a) the restructuring proposal and report under subsection (1) meet the requirements of this section; and

(b) in the opinion of the Minister, the proposal and report comply with the restructuring principles and standards established under section 179. 2001, c. 25, s. 173 (4).

Amendment of restructuring proposal

(5)  After the following requirements are met and despite subsection (4), the Minister may allow a restructuring proposal submitted under subsection (1) to be amended and, if an order implementing the proposal has already been made, the Minister may make another order to implement the amended restructuring proposal:

1. An amended restructuring report setting out the amended restructuring proposal must be submitted to the Minister by one of the municipalities or local bodies entitled to make the original restructuring proposal.

2. The amended restructuring proposal must have the prescribed degree of support of the prescribed municipalities and local bodies in the geographic area whose support was required by subclause (1) (b) (i) for the original restructuring proposal.

3. The amended restructuring proposal must have the prescribed degree of support of the prescribed municipalities and local bodies in the geographic area whose support would be required by subclause (1) (b) (i), if the amended proposal were an original restructuring proposal.

4. The provisions of any order implementing the original restructuring proposal which are to be amended are not in force. 2001, c. 25, s. 173 (5); 2002, c. 17, Sched. A, s. 37.

Same

(6)  An amended restructuring proposal and report submitted to the Minister under subsection (5) shall be deemed to have been submitted to the Minister under subsection (1) for the purposes of this section. 2001, c. 25, s. 173 (6).

Same

(7)  If the Minister makes an order under subsection (4) and then makes another order under subsection (5) implementing an amended restructuring proposal, the second order shall be deemed to have been made under subsection (4) for the purposes of this section. 2001, c. 25, s. 173 (7).

Limitation

(8)  The Minister shall not make an order under subsection (4) to implement the restructuring proposal in a geographic area if any part of the geographic area is in a geographic area for which a commission has been established under section 174. 2001, c. 25, s. 173 (8).

Same, restructuring principles and standards

(9)  If the Minister is not satisfied that the restructuring proposal and report meet the requirements of this section and comply with the restructuring principles and standards established under section 179, the Minister shall not make an order implementing the proposal and he or she may refer the proposal and report back to the municipality or local body that submitted them for reconsideration. 2001, c. 25, s. 173 (9).

Effect of order

(10)  A restructuring proposal and report shall be deemed to comply with the restructuring principles and standards established under section 179 once an order implementing the proposal is made under subsection (4). 2001, c. 25, s. 173 (10).

Filing

(11)  The Minister shall,

(a) publish an order under subsection (4) in The Ontario Gazette; and

(b) file a copy of an order under subsection (4) with each municipality to which the order applies. 2001, c. 25, s. 173 (11).

Inspection

(12)  Each municipality described in clause (11) (b) shall make the order available for public inspection. 2001, c. 25, s. 173 (12).

Not regulation

(13)  An order of the Minister under subsection (4) is not a regulation within the meaning of the Regulations Act. 2001, c. 25, s. 173 (13).

Regulations

(14)  The Minister may make regulations,

(a) in respect of unorganized territory, providing that any body or class of persons is a local body for the purposes of this section;

(b) for the purpose of subsection (1),

(i) establishing types of restructuring,

(ii) providing which municipalities and local bodies may support a restructuring proposal with respect to each type of restructuring,

(iii) providing for the degree of support required to support a restructuring proposal with respect to each type of restructuring,

(iv) providing for the manner of determining the support, and

(v) providing for criteria which must be met by the municipalities and local bodies supporting a restructuring proposal;

(c) providing that a municipality in a geographic area for which a restructuring proposal has been submitted under subsection (1),

(i) shall not exercise a specified power under any Act,

(ii) shall exercise, in the specified manner, a specified power under any Act,

(iii) shall obtain the approval of a person or body specified in the regulation before exercising any of its powers under any Act;

(d) for the purpose of paragraph 2 of subsection (3), prescribing the persons or bodies to be consulted. 2001, c. 25, s. 173 (14).

Differing support requirement

(15)  A regulation under subsection (14) may provide for different support requirements for restructuring proposals which are minor and restructuring proposals which are not minor. 2001, c. 25, s. 173 (15).

Minor restructuring proposal

(16)  A restructuring proposal is minor if,

(a) the proposal provides for one or more annexations of part of a local municipality to another local municipality and makes any changes to the boundaries of upper-tier municipalities necessary to reflect the annexations;

(b) the proposal does not provide for any type of restructuring other than described in clause (a); and

(c) the Minister, after reviewing the proposal, is of the opinion that it is of a minor nature. 2001, c. 25, s. 173 (16).

Regulations

(17)  Despite any Act, the Lieutenant Governor in Council may make regulations setting out the powers that may be exercised by the Minister or a commission established under section 174 in implementing a restructuring proposal. 2001, c. 25, s. 173 (17).

Commission

174.  (1)  At the request of one of the following, the Minister may establish a commission on or before December 31, 2002 or such later date as the Lieutenant Governor in Council may prescribe, either before or after the December 31, 2002 deadline has passed, to develop a proposal for restructuring municipalities and unorganized territory in a geographic area or in such greater or lesser area as the Minister may prescribe:

1. A municipality in a geographic area.

2. At least 75 residents of the unorganized territory in the geographic area. 2001, c. 25, s. 174 (1).

Restructuring proposal

(2)  The commission shall develop a restructuring proposal for the prescribed geographic area or for such part of it as the commission considers advisable. 2001, c. 25, s. 174 (2).

Limitation

(3)  A restructuring proposal shall not provide for a type of restructuring other than a prescribed type of restructuring. 2001, c. 25, s. 174 (3).

Consultation

(4)  When developing a restructuring proposal, the commission shall consult with each municipality in the prescribed geographic area and with such persons or bodies as the Minister may prescribe and may consult with such other bodies and persons as the commission considers appropriate. 2001, c. 25, s. 174 (4).

Draft proposal

(5)  The commission shall prepare a draft of the restructuring proposal and shall give a copy of the draft to each municipality and make it available for inspection by members of the public in the prescribed geographic area. 2001, c. 25, s. 174 (5).

Public meeting

(6)  The commission shall hold at least one public meeting at which any person who attends is given an opportunity to make representations about the draft. 2001, c. 25, s. 174 (6).

Written submissions

(7)  The commission shall invite written submissions about the draft and shall establish a deadline for receiving them. 2001, c. 25, s. 174 (7).

Inspection

(8)  The commission shall make the submissions available for inspection by each municipality and by members of the public in the prescribed geographic area. 2001, c. 25, s. 174 (8).

Notice

(9)  The commission shall notify each municipality in the prescribed geographic area of its opportunity to make representations and shall advise them where they can inspect written submissions received by the commission. 2001, c. 25, s. 174 (9).

Notice to the public

(10)  The commission shall give notice to the public in the prescribed geographic area advising them of the opportunity,

(a) to inspect the draft;

(b) to make representations at the public meeting and to give written submissions by the deadline; and

(c) to inspect the written submissions received by the commission. 2001, c. 25, s. 174 (10).

Final proposal

(11)  After considering the representations and submissions about the draft, the commission shall finalize the restructuring proposal and shall give a copy of it to each municipality in the prescribed geographic area and make it available for inspection by members of the public in the prescribed geographic area. 2001, c. 25, s. 174 (11).

Notice

(12)  The commission shall give notice to the public in the prescribed geographic area advising them of the opportunity to inspect the restructuring proposal. 2001, c. 25, s. 174 (12).

Method of giving public notice

(13)  The commission shall give notice to the public under this section in a form and manner and at the times that the commission considers adequate to give the public in the prescribed geographic area reasonable notice. 2001, c. 25, s. 174 (13).

Commission orders

175.  (1)  The commission may make orders to implement a restructuring proposal if the requirements in section 174 have been met and if, in the opinion of the commission, the proposal complies with the restructuring principles and standards established under section 179. 2001, c. 25, s. 175 (1).

Same

(2)  For the purposes of implementing a restructuring proposal, the commission has the powers under a regulation made under subsection 173 (17). 2001, c. 25, s. 175 (2).

Effect of order

(3)  A restructuring proposal shall be deemed to comply with the restructuring principles and standards established under section 179 once an order implementing the proposal is made under subsection (1). 2001, c. 25, s. 175 (3).

Restriction

(4)  The commission shall not finalize the restructuring proposal or make orders to implement it until at least 30 days after the later of,

(a) the day on which the final public meeting about the draft is held; and

(b) the deadline for receiving written submissions about the draft. 2001, c. 25, s. 175 (4).

Publication and filing

(5)  The commission shall publish an order in The Ontario Gazette and shall file a copy of the order with each municipality to which the order applies. 2001, c. 25, s. 175 (5).

Inspection

(6)  Each municipality described in subsection (5) shall make the order available for public inspection. 2001, c. 25, s. 175 (6).

Not regulation

(7)  An order of the commission is not a regulation within the meaning of the Regulations Act. 2001, c. 25, s. 175 (7).

Regulations

176.  The Minister may, for the purposes of sections 174 and 175, make regulations,

(a) establishing a commission;

(b) providing for the composition of the commission, which may be composed of one person;

(c) describing the geographic area for which the commission shall develop a restructuring proposal;

(d) in respect of unorganized territory, providing that any body or class of persons is a local body;

(e) establishing types of restructuring;

(f) authorizing the commission to determine its costs and to apportion the costs among the municipalities and local bodies in the geographic area for which the commission was established;

(g) providing that a municipality in a geographic area for which a commission has been established to develop a restructuring proposal under subsection 174 (1),

(i) shall not exercise a specified power under any Act,

(ii) shall exercise, in the specified manner, a specified power under any Act,

(iii) shall obtain the approval of a person or body specified in the regulation before exercising any of its powers under any Act;

(h) for the purpose of subsection 174 (4), prescribing the persons or bodies to be consulted. 2001, c. 25, s. 176.

Procedures

177.  The Minister may require that a commission follow such procedures as the Minister may provide, in addition to the procedures set out in this Part. 2001, c. 25, s. 177.

Debt

178.  Costs which the commission apportions to a municipality or local body are a debt of the municipality or local body to the Crown. 2001, c. 25, s. 178.

Principles and standards to be considered

179.  The Minister may, by regulation, establish restructuring principles and standards,

(a) that relate to restructuring proposals under section 173 or 174; and

(b) that shall be considered by the Ontario Municipal Board when making a decision under section 180, 181 or 182. 2001, c. 25, s. 179.

Incorporation in unorganized territory

180.  (1)  The Minister, with the approval of the Lieutenant Governor in Council, may apply to the Ontario Municipal Board to incorporate the inhabitants of a geographic area in unorganized territory as a single-tier municipality. 2001, c. 25, s. 180 (1).

Boundaries

(2)  The Board may incorporate the geographic area or incorporate a geographic area which is larger or smaller than the geographic area for which the application is made. 2001, c. 25, s. 180 (2).

Overlap

(3)  If the geographic area incorporated as a single-tier municipality includes areas in more than one territorial district as set out in the Territorial Division Act, the municipality shall form part of the territorial district specified by the Board. 2001, c. 25, s. 180 (3).

Annexation

181.  (1)  The Ontario Municipal Board may annex a geographic area in unorganized territory to a local municipality upon the application of,

(a) the local municipality;

(b) the Minister with the approval of the Lieutenant Governor in Council; or

(c) at least 25 residents of the geographic area for which the application is made. 2001, c. 25, s. 181 (1).

Boundaries

(2)  The Board may annex a geographic area that is larger or smaller than the geographic area for which the application is made. 2001, c. 25, s. 181 (2).

Dissolution

182.  (1)  The Minister, with the approval of the Lieutenant Governor in Council, may apply or a single-tier municipality may apply to the Ontario Municipal Board to dissolve all or part of the single-tier municipality in a territorial district as set out in the Territorial Division Act. 2001, c. 25, s. 182 (1).

Powers of Board

(2)  Upon an application under subsection (1), the Ontario Municipal Board may,

(a) dissolve all or part of the single-tier municipality;

(b) annex all or part of the single-tier municipality to another municipality; or

(c) do any combination of (a) and (b). 2001, c. 25, s. 182 (2).

Dissolution

(3)  The Board may dissolve or annex a geographic area that is larger or smaller or different than the geographic area for which the application is made. 2001, c. 25, s. 182 (3).

Public hearing

183.  (1)  The Ontario Municipal Board shall hold a public hearing before making an order under section 180, 181 or 182. 2001, c. 25, s. 183 (1).

Powers

(2)  In making an order under section 180, 181 or 182, the Board has the same powers as the Minister has in a regulation made under subsection 173 (17) and that regulation applies with necessary modifications to the power being exercised. 2001, c. 25, s. 183 (2).

Annexation

(3)  If the Board annexes an area to a local municipality under section 180, 181 or 182, the area forms part of the upper-tier municipality, if any, or territorial district as set out in the Territorial Division Act in which the local municipality is located. 2001, c. 25, s. 183 (3).

No petition

(4)  Section 95 of the Ontario Municipal Board Act does not apply to an order of the Board under section 180, 181 or 182. 2001, c. 25, s. 183 (4).

Deferred proceedings

(5)  The Minister may notify the Board in writing that in his or her opinion an application to the Board under section 180, 181 or 182 should be deferred and upon so doing all proceedings in the application are stayed until the Minister notifies the Board in writing that they may be continued. 2001, c. 25, s. 183 (5).

Conflicts with official plan

184.  A by-law of a municipality approving a restructuring proposal under section 173, requesting the establishment of a commission under section 174 or authorizing an application to the Ontario Municipal Board under section 180, 181 or 182 is not invalid on the ground that it conflicts with an official plan. 2001, c. 25, s. 184.

Transition

185.  If, as a result of a restructuring under this Part, all or part of an existing municipality forms part of a new municipality, the council of the existing municipality shall, within that part, continue to have the same powers as it had before the restructuring until the council of the new municipality is organized. 2001, c. 25, s. 185.

Order prevails

186.  (1)  An order of the Minister under section 173, a commission under section 175 or the Ontario Municipal Board under section 180, 181 or 182,

(a) is conclusive evidence that all conditions precedent to the making of the order have been complied with and that the municipalities have been restructured in accordance with this Act; and

(b) prevails over any Act or regulation, other than sections 171 to 185 or this section, or a regulation made under sections 171 to 185 or this section, with which it conflicts. 2001, c. 25, s. 186 (1).

Exception

(2)  Despite clause (1) (b), a municipality may exercise its powers under any of the following provisions before or after an order of the Minister under section 173 or an order of a commission under section 175 comes into force, unless the order precludes it expressly or by necessary implication:

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 by a municipality prevails over an order of the Minister under section 173, a commission under section 175 or the Ontario Municipal Board under section 180, 181 or 182. 2001, c. 25, s. 186 (2).