Municipal Statute Law Amendment Act, 2006, S. O. 2006, c. 32 Bill 130
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Ownership by vesting (1) If a municipality becomes the owner of property by virtue of the registration of a notice of vesting under Part XI of the Municipal Act, 2001 or Part XIV of the City of Toronto Act, 2006, the Minister, the Director or a provincial officer shall not, in respect of the period described in subsection (4), issue any order under this Act to the municipality or a municipal representative with respect to the property unless the order arises from, (a) the gross negligence or wilful misconduct of the municipality or municipal representative; or (b) circumstances prescribed by the regulations. (9) Subsection 168.14 (1) of the Act is amended by adding “or Part XIV of the City of Toronto Act, 2006” after “Municipal Act, 2001” in the portion before paragraph 1. (10) Subsection 168.15 (2) of the Act is amended by adding “or Part XIV of the City of Toronto Act, 2006” after “Municipal Act, 2001”. 20. (1) Subsection 7.1 (5) of the Fire Protection and Prevention Act, 1997 is amended by adding “or with Part XV of the City of Toronto Act, 2006, other than paragraph 4 of subsection 375 (1) of that Act, as the case may be” at the end. (2) Subsection 38 (3) of the Act is amended by adding “or section 3 of the City of Toronto Act, 2006, as the case may be” after “Municipal Act, 2001”. (3) Subsection 38 (5) of the Act is amended by adding “or clause 350 (7) (b) of the City of Toronto Act, 2006, as the case may be” at the end. (4) Subsection 38 (6) of the Act is repealed and the following substituted: Interpretation (6) In subsections (7) and (8), “cancellation price” has the same meaning as in Part XI of the Municipal Act, 2001 or Part XIV of the City of Toronto Act, 2006, as the case may be. (5) Subsection 38 (7) of the Act is amended by adding “or Part XIV of the City of Toronto Act, 2006, as the case may be” after “Municipal Act, 2001”. (6) Subsection 38 (8) of the Act is repealed and the following substituted:
(8) Despite Part XI of the Municipal Act, 2001 or Part XIV of the City of Toronto Act, 2006, the treasurer of a municipality may sell land under those Acts for less than the cancellation price, so long as the land is not sold for less than what the cancellation price would have been but for this Act, the Environmental Protection Act and the Ontario Water Resources Act, and the purchaser may be declared to be the successful purchaser under Part XI of the Municipal Act, 2001 or Part XIV of the City of Toronto Act, 2006, as the case may be. 21. (1) Clause 54 (1) (b) of the Funeral, Burial and Cremation Services Act, 2002 is amended by adding “section 324 of the City of Toronto Act, 2006” after “Municipal Act, 2001”. (2) Clause 54 (1) (c) of the Act is amended by adding “section 324 of the City of Toronto Act, 2006” after “Municipal Act, 2001” in the portion before subclause (i). (3) Subsection 54 (8) of the Act is amended by adding “under section 324 of the City of Toronto Act, 2006” after “Municipal Act, 2001”. (4) Subsection 54 (9) of the Act is amended by adding “under section 324 of the City of Toronto Act, 2006” after “Municipal Act, 2001” in the portion before clause (a). (5) This section comes into force on the later of the day section 54 of the Funeral, Burial and Cremation Services Act, 2002 comes into force and the day section 324 of the City of Toronto Act, 2006 comes into force. 22. Subsection 23 (1) of the Greenbelt Act, 2005 is repealed and the following substituted: Regulations by Minister (1) The Minister may, by regulation, (a) require municipalities within the areas designated as Protected Countryside in the Greenbelt Plan to pass by-laws referred to in section 135 or 142, or both, of the Municipal Act, 2001 or in section 104 or 105, or both, of the City of Toronto Act, 2006 and specify the municipalities and the by-law provisions; (b) prescribe powers that must be exercised by municipalities in making a by-law referred to in clause (a) that are additional to those powers referred to in section 135 or 142 of the Municipal Act, 2001 or section 104 or 105 of the City of Toronto Act, 2006; (c) prescribe anything that is referred to in this Act as being prescribed, other than those matters described in section 22. 23. (1) Subsection 49 (8) of the Health Protection and Promotion Act is amended by adding “or section 204 of the City of Toronto Act, 2006, as the case may be” at the end. (2) Subsection 49 (10) of the Act is amended by adding “and section 222 of the City of Toronto Act, 2006” at the end. 24. (1) Subsection 26 (3) of the Highway Traffic Act is repealed and the following substituted: Cancellation of permit (3) The Minister may cancel a disabled person parking permit or may refuse to issue a replacement permit if the permit has been used in contravention of this Part or the regulations or of a municipal by-law passed under section 9, 10, 11 or 102 of the Municipal Act, 2001 or under section 7, 8 or 80 of the City of Toronto Act, 2006, as the case may be, for establishing a system of disabled parking. (2) Subsection 28 (1) of the Act is repealed and the following substituted:
(1) Every person having possession of a disabled person parking permit shall, upon the demand of a police officer, police cadet, municipal law enforcement officer or an officer appointed for carrying out the provisions of this Act, surrender the permit for reasonable inspection to ensure that the provisions of this Part and the regulations and any municipal by-law passed under section 9, 10, 11 or 102 of the Municipal Act, 2001 or under section 7, 8 or 80 of the City of Toronto Act, 2006, as the case may be, for establishing a system of disabled parking are being complied with. (3) Clause 28 (2) (e) of the Act is repealed and the following substituted: (e) is being or has been used in contravention of the regulations or of a by-law passed under section 9, 10, 11 or 102 of the Municipal Act, 2001 or under section 7, 8 or 80 of the City of Toronto Act, 2006, as the case may be, for establishing a system of disabled parking. (4) On the later of the day this subsection comes into force and the day subsection 6 (4) of Schedule B to the Stronger City of Toronto for a Stronger Ontario Act, 2006 comes into force, subsection 128 (6.3) of the Act is amended by striking out “and (6)” and substituting “(6) and (6.1)”. (5) On the later of the day this subsection comes into force and the day subsection 6 (5) of Schedule B to the Stronger City of Toronto for a Stronger Ontario Act, 2006 comes into force, subsection 128 (6.4) of the Act is repealed and the following substituted: Same (6.4) Despite subsection 4 (2) of Schedule B to the Transportation Statute Law Amendment Act, 2005, the rate of speed prescribed for any highway or portion of a highway under the jurisdiction of the City of Toronto that was in force immediately before subsection 6 (4) of Schedule B to the Stronger City of Toronto for a Stronger Ontario Act, 2006 comes into force shall remain in force until the council of the City of Toronto passes a by-law prescribing a rate of speed for that highway or portion of a highway under this section. (6) Subsection 166 (1) of the Act is repealed and the following substituted:
(1) Where a person in charge of a vehicle or on a bicycle or on horseback or leading a horse on a highway overtakes a street car or a car of an electric railway, operated in or near the centre of the roadway, which is stationary for the purpose of taking on or discharging passengers, he or she shall not pass the car or approach nearer than 2 metres measured back from the rear or front entrance or exit, as the case may be, of the car on the side on which passengers are getting on or off until the passengers have got on or got safely to the side of the street, as the case may be, but this subsection does not apply where a safety zone has been set aside and designated by a by-law passed under section 9, 10 or 11 of the Municipal Act, 2001 or under section 7 or 8 of the City of Toronto Act, 2006, as the case may be. (7) Subsection 210 (4) of the Act is repealed and the following substituted:
(4) Despite subsection (1), a judge, provincial judge or justice of the peace who makes a conviction under a municipal by-law passed for establishing a system of disabled parking under section 9, 10, 11 or 102 of the Municipal Act, 2001 or section 7, 8 or 80 of the City of Toronto Act, 2006 for the improper use of a disabled person parking permit issued under section 26 or the clerk of the court in which the conviction is made shall promptly notify the Registrar of the conviction setting out the name and address of the person convicted, the number of the disabled person parking permit used in the offence, the name and address of the person or organization in whose name the disabled person parking permit is issued, the date the offence was committed and the provision of the by-law contravened. 25. Subsection 15 (3) of the Homes for the Aged and Rest Homes Act is amended by adding “or the City of Toronto Act, 2006, as the case may be” at the end. 26. (1) Subsection 7 (5) of the Housing Development Act is amended by adding “or section 3 of the City of Toronto Act, 2006, as the case may be” at the end. (2) Subsection 19 (2) of the Act is repealed and the following substituted:
(2) A municipality does not require the Minister’s approval to engage in an activity described in subsection (1) for the purpose described in subsection (1). 27. The definition of “old board” in section 1 of the Hummingbird Performing Arts Centre Corporation Act, 1998 is repealed and the following substituted: “old board” means The Board of Directors of the Hummingbird Centre for the Performing Arts continued by subsection 411 (1) of the City of Toronto Act, 2006. (“ancien conseil”) 28. (1) Subsection 29 (2) of the Lakes and Rivers Improvement Act is amended by adding “or in section 3 of the City of Toronto Act, 2006, as the case may be” after “Municipal Act, 2001”. (2) Subsection 29 (5) of the Act is amended by adding “or Part XIV of the City of Toronto Act, 2006, as the case may be” after “Municipal Act, 2001”. (3) Subsections 29 (6) and (7) of the Act are repealed and the following substituted:
(6) Despite Part XI of the Municipal Act, 2001 or Part XIV of the City of Toronto Act, 2006, the treasurer of a municipality may sell land under those Parts for less than the cancellation price, so long as the land is not sold for less than what the cancellation price would have been but for this Act, the Fire Protection and Prevention Act, 1997, the Environmental Protection Act and the Ontario Water Resources Act, and the purchaser may be declared to be the successful purchaser under Part XI of the Municipal Act, 2001 or Part XIV of the City of Toronto Act, 2006, as the case may be. Interpretation (7) In subsections (5) and (6), “cancellation price” has the same meaning that it has in Part XI of the Municipal Act, 2001 or Part XIV of the City of Toronto Act, 2006, as the case may be. 29. The Schedule to the Limitations Act, 2002 is amended by adding the following:
30. (1) Subsection 8 (3) of the Line Fences Act is amended by adding “or the City of Toronto Act, 2006, as the case may be” after “Municipal Act, 2001”. (2) Subsection 12 (5) of the Act is amended by adding “or section 310 of the City of Toronto Act, 2006, as the case may be” after “Municipal Act, 2001”. (3) Subsection 12 (7) of the Act is amended by adding “or section 310 of the City of Toronto Act, 2006, as the case may be” after “Municipal Act, 2001”. (4) Subsection 18 (2) of the Act is amended by adding “or section 310 of the City of Toronto Act, 2006, as the case may be” after “Municipal Act, 2001”. (5) Subsection 18 (3) of the Act is amended by adding “or section 310 of the City of Toronto Act, 2006, as the case may be” after “Municipal Act, 2001”. (6) Section 26 of the Act is repealed and the following substituted: Non-application 26. This Act, except section 20, does not apply to land in an area that is subject to a by-law for apportioning the costs of line fences passed under the Municipal Act, 2001 or the City of Toronto Act, 2006, as the case may be. (7) Section 31 of the Act is amended by adding “or section 199 of the City of Toronto Act, 2006, as the case may be” after “Municipal Act, 2001”. 31. Clause 3 (4) (b) of the Metropolitan Toronto Convention Centre Corporation Act is repealed and the following substituted: (b) an employee, as defined in section 278 of the Municipal Act, 2001, or a designated employee, as defined in section 217 of the City of Toronto Act, 2006, as the case may be, of a municipality or of a local board or local board (extended definition), respectively, as defined in those sections. 32. Subsection 7 (7) of the Motorized Snow Vehicles Act is amended by adding “or Part XV of the City of Toronto Act, 2006, as the case may be” after “Municipal Act, 2001”. 33. (1) Clause 4 (e) of the Municipal Conflict of Interest Act is amended by adding “or Part IX of the City of Toronto Act, 2006, as the case may be” after “Municipal Act, 2001”. (2) Subsection 14 (1) of the Act is amended by adding “or section 218 of the City of Toronto Act, 2006, as the case may be” after “Municipal Act, 2001” in the portion before clause (a). (3) Subsection 14 (3) of the Act is amended by striking out “section 418 of the Municipal Act, 2001” at the end and substituting “the Municipal Act, 2001 or the City of Toronto Act, 2006, as the case may be”. 34. (1) Subsection 29 (1.1) of the Municipal Elections Act, 1996 is amended by adding “section 203 of the City of Toronto Act, 2006” after “Municipal Act, 2001”. (2) Subsection 29 (2.1) of the Act is amended by adding “or section 206 of the City of Toronto Act, 2006, as the case may be” after “Municipal Act, 2001”. (3) Subsection 30 (4) of the Act is amended by adding “section 186 of the City of Toronto Act, 2006” after “Municipal Act, 2001”. (4) Subsection 30 (8) of the Act is repealed and the following substituted: Non-employees (8) This section applies with necessary modifications to a person who is not an employee and who is described in subparagraph 1 ii or iii of subsection 258 (1) of the Municipal Act, 2001 or subparagraph 1 ii or iii of subsection 203 (1) of the City of Toronto Act, 2006, as the case may be. (5) Paragraph 2 of subsection 37 (4) of the Act is amended by adding “or clause 208 (1) (a) of the City of Toronto Act, 2006, as the case may be” after “Municipal Act, 2001”. (6) Subparagraph 1 iv of subsection 65 (4) of the Act is amended by adding “or subsection 211 (1) of the City of Toronto Act, 2006” after “Municipal Act, 2001”. 35. Clause (b) of the definition of “institution” in subsection 2 (1) of the Municipal Freedom of Information and Protection of Privacy Act is repealed and the following substituted: (b) a school board, municipal service board, city board, transit commission, public library board, board of health, police services board, conservation authority, district social services administration board, local services board, planning board, local roads board, police village or joint committee of management or joint board of management established under the Municipal Act, 2001 or the City of Toronto Act, 2006 or a predecessor of those Acts, 36. Section 7 of the Municipal Health Services Act is amended by adding “or the City of Toronto Act, 2006, as the case may be” after “Municipal Act, 2001”. 37. (1) Subsection 4 (5) of the Municipal Tax Assistance Act is amended by adding “and a regulation made under section 266 of the City of Toronto Act, 2006” after “Municipal Act, 2001”. (2) Subsection 4 (6) of the Act is repealed and the following substituted:
(6) The Crown in right of Ontario or any Crown agency may, in respect of any provincial property, pay fees and charges imposed under the Municipal Act, 2001 or the City of Toronto Act, 2006 in respect of capital costs and the operating, repair and maintenance costs of water and sewage works. (3) Subsection 4 (7) of the Act is amended by adding “or section 287 of the City of Toronto Act, 2006, as the case may be” after “Municipal Act, 2001”. 38. (1) Subsection 9 (2) of the Municipal Water and Sewage Transfer Act, 1997 is repealed and the following substituted: Collection of payments (2) A municipality that is entitled to payments for services it is required to provide under clause (1) (a) may, for the purpose of collecting those payments, pass a by-law deeming the payments to be fees or charges imposed under the Municipal Act, 2001 or the City of Toronto Act, 2006, as the case may be, in respect of sewage works or water works and those Acts and the regulations made under those Acts apply with necessary modifications to the collection of the payments. (2) Clause 15 (b) of the Act is amended by adding “or the City of Toronto Act, 2006” after “Municipal Act, 2001”. 39. (1) Subsection 38 (3) of the Nutrient Management Act, 2002 is amended by adding “or clause 350 (7) (b) of the City of Toronto Act, 2006, as the case may be” at the end. (2) Subsection 38 (5) of the Act is repealed and the following substituted:
(5) In subsections (6) and (7), “cancellation price” has the same meaning as in Part XI of the Municipal Act, 2001 or Part XIV of the City of Toronto Act, 2006, as the case may be. (3) Subsection 38 (6) of the Act is amended by adding “or under Part XIV of the City of Toronto Act, 2006, as the case may be” after “predecessor of that Part”. (4) Subsection 38 (7) of the Act is repealed and the following substituted:
(7) Despite Part XI of the Municipal Act, 2001 or Part XIV of the City of Toronto Act, 2006, the treasurer of a municipality may sell land under those Parts for less than the cancellation price, so long as the land is not sold for less than what the cancellation price would have been but for this Act, the Environmental Protection Act, the Fire Protection and Prevention Act, 1997 and the Ontario Water Resources Act, and the purchaser may be declared to be the successful purchaser under Part XI of the Municipal Act, 2001 or Part XIV of the City of Toronto Act, 2006, as the case may be. 40. Section 14 of the Ombudsman Act is amended by adding the following subsections:
(2.1) Subsections (2.2) to (2.6) apply if a municipality has not appointed an investigator referred to in subsection 239.2 (1) of the Municipal Act, 2001 or if the City of Toronto has not appointed an investigator referred to in subsection 190.2 (1) of the City of Toronto Act, 2006, as the case may be. Investigation (2.2) The Ombudsman may investigate, on a complaint made to him or her by any person, (a) whether a municipality or local board of a municipality has complied with section 239 of the Municipal Act, 2001 or a procedure by-law under subsection 238 (2) of that Act in respect of a meeting or part of a meeting that was closed to the public; or (b) whether the City of Toronto or a local board of the City has complied with section 190 of the City of Toronto Act, 2006 or a procedure by-law under subsection 189 (2) of that Act in respect of a meeting or part of a meeting that was closed to the public. Non-application (2.3) Subsections 14 (4) and 18 (4) and (5), sections 20 and 21 and subsections 22 (1) and 25 (3) and (4) do not apply to an investigation under subsection (2.2). Interpretation (2.4) For the purposes of an investigation under subsection (2.2), (a) the references in subsections 18 (1) and 25 (2) to “head of the governmental organization” shall be deemed to be a reference to “municipality or local board”; (b) the references in subsections 18 (3) and (6), 19 (1) and (2) and 25 (1) to “governmental organization” shall be deemed to be references to “municipality or local board”; (c) the reference in subsection 19 (3) to the Public Service Act shall be deemed to be a reference to the Municipal Act, 2001 or the City of Toronto Act, 2006, as the case may be; and (d) the reference in subsection 19 (3.1) to the Freedom of Information and Protection of Privacy Act shall be deemed to be a reference to the Municipal Freedom of Information and Protection of Privacy Act. Ombudsman’s report and recommendations (2.5) If, after making an investigation under subsection (2.2), the Ombudsman is of opinion that the meeting or part of the meeting that was the subject-matter of the investigation appears to have been closed to the public contrary to section 239 of the Municipal Act, 2001 or to a procedure by-law under subsection 238 (2) of that Act or contrary to section 190 of the City of Toronto Act, 2006 or to a procedure by-law under subsection 189 (2) of that Act, as the case may be, the Ombudsman shall report his or her opinion, and the reasons for it, to the municipality or local board, as the case may be, and may make such recommendations as he or she thinks fit. Yüklə 1,06 Mb. Dostları ilə paylaş:
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