Bill 103, City of Toronto Act, 1997

Leach, Hon. Allan F. Minister of Municipal Affairs and Housing

Versions

City of Toronto Act, 1996

EXPLANATORY NOTE

The Bill replaces the seven existing municipal governments of Metropolitan Toronto with a new single-tier City of Toronto.

The new city, which comes into existence on January 1, 1998, will be divided into 44 wards. The first city council, consisting of one member elected by each ward and a head of council elected by general vote, will be chosen in the 1997 regular election and will take office at the start of 1998. Neighbourhood committees will be established by municipal by-law.

From December 17, 1996 (the date of the Bill's introduction) and during the transitional year of 1997, a board of trustees will oversee the financial affairs of the seven existing municipal governments.

A transition team will plan and manage the transition, holding public consultations on a variety of issues and making recommendations to the provincial government on further legislative amendments.

Bill 1031996

An Act to replace

the seven existing municipal governments of Metropolitan Toronto by incorporating a new municipality

to be known as the City of Toronto

CONTENTS

PART I

GENERAL

1. Definitions

PART II

THE NEW CITY

2. New city

3. Council

4. Wards

5. Neighbourhood committees

6. Toronto Hydro-Electric Commission

7. Toronto Police Services Board

8. Municipal and local board employees

PART III

THE TRANSITIONAL YEAR

Board of Trustees

9. Board of trustees

10. Restrictions, old councils and local boards

11. 1997 budget

12. No judicial review

13. FIPPA and MFIPPA

14. Expenses

15. Protection from personal liability

Transition Team

16. Transition team

17. Employees for new city

18. No judicial review

19. FIPPA and MFIPPA

20. Expenses

21. Protection from personal liability

1997 Regular Election

22. Terms extended

23. Rules for 1997 regular election

PART IV

REGULATIONS AND OTHER MATTERS

24. Regulations

25. Enforcement of Act

26. Conflict

27. Repeal and dissolution

28. School boards

29. Transition

30. Commencement

31. Short title

Schedule

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

PART I

GENERAL

Definitions

1. In this Act,

"local board" means a public utility commission, transportation commission, public library board, board of park management, local board of health, police services board, planning board or other body established or exercising power under any general or special Act with respect to any of the affairs of an old municipality or of the new city, but does not include,

(a) a neighbourhood committee established under section 5,

(b) the board of trustees established under section 9 or the transition team established under section 16,

(d) a school board; ("conseil local")

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

"new city" means the City of Toronto incorporated by this Act; ("nouvelle cité")

"old councils" means the Metropolitan Council under the Municipality of Metropolitan Toronto Act and the councils of the area municipalities under that Act; ("anciens conseils")

"old municipalities" means The Municipality of Metropolitan Toronto and its area municipalities under the Municipality of Metropolitan Toronto Act; ("anciennes municipalités")

"transitional year" means the year beginning on January 1, 1997 and ending on December 31, 1997; ("année de transition")

"urban area" means the area that, immediately before section 27 comes into force, comprises the geographic area of jurisdiction of The Municipality of Metropolitan Toronto under the Municipality of Metropolitan Toronto Act. ("zone urbaine")

PART II

THE NEW CITY

Incorporation

2. (1) On January 1, 1998, the inhabitants of the urban area are constituted as a body corporate under the name of "City of Toronto" in English and "cité de Toronto" in French.

City and local municipality

(2) The body corporate is a city and a local municipality for all purposes.

No board of control

(3) Despite subsection 64 (1) of the Municipal Act, the new city shall not have a board of control.

New city in place of old municipalities

(4) The new city stands in the place of the old municipalities for all purposes.

Same

(5) Without limiting the generality of subsection (4),

(a) the new city has every power and duty of an old municipality or old council under any public or private Act, in respect of the part of the urban area to which the power or duty applied immediately before the coming into force of section 27; and

(b) all the assets and liabilities that the old municipalities had on December 31, 1997 are vested in and become assets and liabilities of the new city on January 1, 1998, without compensation.

Extended application

(6) Clause (5) (b) also applies to all rights, interests, approvals, status, registrations, entitlements and contractual benefits and obligations.

By-laws and resolutions

(7) Every by-law or resolution of an old council that is in force immediately before the coming into force of section 27,

(a) shall be deemed to be a by-law or resolution of the council of the new city; and

(b) remains in force, in respect of the part of the urban area to which it applied immediately before the coming into force of section 27, until the council repeals it or amends it to provide otherwise.

By-laws and resolutions

(8) Every by-law or resolution of a public utility commission of an old municipality, except one that relates to the distribution and supply of electrical power, that is in force immediately before the coming into force of section 27,

(a) shall be deemed to be a by-law or resolution of the council of the new city; and

Council

Composition of council

3. (1) The council of the new city is composed of,

(a) the head of council, elected by general vote;

(b) 44 other members, one elected for each ward.

Transition, first council

(2) The following special rules apply to the members of the council elected in the 1997 regular election:

1. Despite section 10 of the Municipal Elections Act, the members' terms of office begin on January 1, 1998.

2. Despite subsection 49 (1) of the Municipal Act, the first meeting of the council shall be held on January 2, 1998.

Wards and Neighbourhood Committees

Wards, ministerial order

4. (1) The urban area is divided into 44 wards, as follows:

1. Each of the 22 electoral districts listed in the Schedule, as described in the representation order of 1996 published by the Chief Electoral Officer under the Electoral Boundaries Readjustment Act (Canada), contains two wards.

2. The Minister shall, by order, fix the boundaries and name of each ward.

Effective date

(2) The order takes effect on January 1, 1998.

Changes to wards

(3) The wards may be changed or dissolved in accordance with the Municipal Act.

Neighbourhood committees

5. The city council shall, by by-law, establish neighbourhood committees and determine their functions.

Toronto Hydro-Electric Commission

Commission established

6. (1) A hydro-electric power commission for the new city is established on January 1, 1998 under the name of "Toronto Hydro-Electric Commission" in English and "Commission hydroélectrique de Toronto" in French.

Same

(2) The commission shall be deemed to be a commission established under Part III of the Public Utilities Act and a municipal corporation within the meaning of the Power Corporation Act.

Members

(3) Despite section 42 of the Public Utilities Act, the commission shall be composed of three or more members appointed by the council of the new city.

Transfer of certain assets and liabilities

(4) All the assets and liabilities relating to the distribution and supply of electrical power that were controlled and managed by the public utility commissions of the old municipalities on December 31, 1997 are vested in and become assets and liabilities of the new city, under the control and management of the commission, on January 1, 1998, without compensation.

Extended application

(5) Subsection (4) also applies to all rights, interests, approvals, status, registrations, entitlements and contractual benefits and obligations.

By-laws and resolutions

(6) Every by-law or resolution of a public utility commission of an old municipality that relates to the distribution and supply of electrical power and is in force immediately before the coming into force of section 27,

(a) shall be deemed to be a by-law or resolution of the commission; and

(b) remains in force, in respect of the part of the urban area to which it applied immediately before the coming into force of section 27, until the commission repeals it or amends it to provide otherwise.

Toronto Police Services Board

Board continued

7. The Municipality of Metropolitan Toronto Police Services Board is continued under the name of "Toronto Police Services Board" in English and "Commission de services policiers de Toronto" in French.

Municipal and Local Board Employees

Employees of old municipalities and local boards

8. A person who is an employee of an old municipality or of a local board of an old municipality on December 31, 1997 and would, but for this Act, still be an employee of the municipality or local board on January 1, 1998 is an employee of the new city or of one of its local boards on January 1, 1998.

PART III

THE TRANSITIONAL YEAR

Board of Trustees

Board of trustees

9. (1) There shall be a board of trustees consisting of one or more members appointed by the Lieutenant Governor in Council; the Lieutenant Governor in Council may designate one of the members as chair.

Body corporate

(2) The board of trustees is a body corporate.

Remuneration and expenses

(3) The members of the board of trustees shall be paid the remuneration fixed by the Lieutenant Governor in Council and the reasonable expenses incurred in the course of their duties under this Act.

Duties

(4) The board of trustees shall,

(a) monitor the actions of the old councils and their local boards, to ensure their compliance with this Act;

(b) assist the old councils and their local boards in the preparation of 1997 operating and capital budgets;

(c) review 1997 operating and capital budgets under section 11, and amend and approve them when the board considers it appropriate;

(d) consider requests for approval under sections 10 and 11 and grant them when the board considers it appropriate;

(e) report to the Minister at his or her request;

(f) co-operate with the transition team;

(g) carry out any other prescribed duties.

Guidelines

(5) The board of trustees,

(a) shall establish and publish guidelines with respect to,

(i) appointments, hiring and promotion, as referred to in clause 10 (1) (f), and

(ii) payments and agreements to make payments in connection with the ending of an employment relationship, as referred to in clause 10 (1) (g); and

(b) may establish and publish guidelines with respect to matters referred to in clauses 10 (1) (a) to (e).

Co-operation, access to information

(6) The members of each old council, the employees and agents of the old municipality and the members, employees and agents of each local board of an old municipality shall,

(a) co-operate with the members, employees and agents of the board of trustees, assist them in the performance of their duties and comply with their requests under this Act;

(b) on request, allow any person described in clause (a) to examine and copy any document, record or other information in the possession of the old municipality or local board, as the case may be.

Powers

(7) Without limiting the generality of subsection (6), the board of trustees has power to,

(a) require an old council or a local board of an old municipality to,

(i) furnish information, records or documents that are in its possession or control,

(ii) create a new document or record by compiling existing information, and furnish the document or record, and

(iii) update earlier information furnished under this subsection; and

(b) impose a deadline for compliance with a requirement under clause (a).

Delegation to one or more members

(8) The board of trustees may authorize one or more of its members to act on its behalf.

Staff, facilities and services

(9) The board of trustees may hire staff, arrange for facilities and obtain expert services as it considers necessary to perform its functions.

Dissolution of board

(10) On or after January 31, 1998 the Minister may, by order, dissolve the board of trustees.

Restrictions on powers of old councils and local boards

10. (1) From December 17, 1996 to the end of the transitional year, an old council or its local board shall not,

(a) after the board of trustees has approved its budget under subsection 11 (5), pass a by-law or resolution relating to a payment not provided for in the budget;

(b) convey an interest in property whose original purchase price or actual current value exceeds $50,000;

(d) transfer money between or among reserves or reserve funds, or change the purpose or designation of a reserve or reserve fund;

(e) enter into a contract or incur a financial liability or obligation that extends beyond the end of the transitional year;

(f) appoint a person to a position, hire a new employee, or promote an existing employee;

(g) make or agree to make a payment in connection with the ending of an employment relationship, except in accordance with a contract or collective agreement entered into before December 17, 1996.

Board approval

(2) Subsection (1) does not apply to,

(a) anything done with the approval of the board of trustees, obtained in advance;

(b) a by-law or resolution containing a provision to the effect that it shall not come into force until the approval of the board of trustees has been obtained;

Exceptions

(3) Subsection (1) does not prevent an old council or its local board from,

(a) doing anything that it is otherwise required to do by law;

(b) taking action in an emergency.

Same

(4) Subsection (1) does not prevent the performance of a contract entered into before December 17, 1996.

1997 budget

11. (1) Each old council and each local board of an old municipality shall, by a date fixed by the board of trustees, submit to the board a proposed operating and capital budget for 1997.

Rules

(2) The budget shall be prepared in accordance with the following rules, subject to subsection (3):

1. In the case of an old council, the general municipal levy shall not be greater than it was in 1996.

2. In the case of a local board, total operating expenditures shall not be greater than they were in 1996.

3. Capital expenditures shall not be less than in 1996, unless the reduction was provided for in an earlier budget.

4. Appropriations from reserves and reserve funds shall not be included in planned spending, unless this was provided for in an earlier budget.

5. Operating expenditures shall be forecast for each month of 1997.

Exceptions

(3) The budget as submitted may depart from a rule set out in subsection (2) if the departure is,

(a) accompanied by an explanation; or

(b) approved in advance by the board of trustees.

Local board without own budget

(4) A local board whose budget forms part of the overall budget of an old council is not required to submit a budget under subsection (1).

Approval of budget

(5) The board of trustees shall consider each proposed budget, make any changes that it considers necessary and, by March 31, 1997, approve the resulting final budget.

Same

(6) When the board of trustees acts under subsection (5), it is not bound by the rules set out in subsection (2).

Approval of spending increases

(7) An old council or local board shall not exceed the forecast expenditure levels for a given month of the transitional year without the approval of the board of trustees, given in advance.

Same

(8) The board of trustees may give retroactive approval to spending that contravenes subsection (7) and may impose conditions on the approval.

Police services board

(9) If The Municipality of Metropolitan Toronto Police Services Board disagrees with a change the board of trustees proposes to make in its budget under subsection (5), the police services board may ask the Ontario Civilian Commission on Police Services to review the matter; the Commission has the same powers and duties as under subsection 39 (4) of the Police Services Act.

Commission order

(10) An order of the Commission dealing with the budget prevails over a decision of the board of trustees.

Monthly spending report

(11) Within 14 days after the end of each month to which this subsection applies, each old council and local board shall submit to the board of trustees a report,

(a) comparing actual operating expenditures for that month to the amount forecast in the approved budget; and

(b) stating capital expenditures for that month.

Application of subs. (11)

(12) Subsection (11) applies to the month during which the old council's or local board's budget is approved and to every subsequent month of the transitional year.

Extension of time

(13) The board of trustees may extend a time limit fixed under subsection (1) or a time limit set out in subsection (5) or (11), and may impose conditions on the extension.

Decisions final, no judicial review

12. (1) The decisions of the board of trustees are final and shall not be reviewed or questioned by a court.

Non-application of SPPA

(2) The Statutory Powers Procedure Act does not apply to the board of trustees.

Definitions

13. (1) In this section,

"FIPPA" means the Freedom of Information and Protection of Privacy Act; ("loi d'information")

"MFIPPA" means the Municipal Freedom of Information and Protection of Privacy Act. ("loi d'information municipale")

Conflict with FIPPA, MFIPPA

(2) Subsections (3) and (4) of this section and subsections 9 (6) and (7) apply despite anything in FIPPA or MFIPPA.

Restriction

(3) A person who obtains under subsection 9 (6) or (7) information that is personal information as defined in MFIPPA shall use and disclose it only for the purposes of this Act.

Example

(4) Without limiting the generality of subsection (3), the information that may be used or disclosed under that subsection includes information relating to,

(a) a financial transaction or proposed financial transaction of an old municipality or its local board;

(b) anything done or proposed to be done, in connection with the finances of an old municipality or its local board, by,

(i) a member of the council of an old municipality or of its local board, or

(ii) an employee or agent of the old municipality or local board.

Offence

(5) A person who wilfully uses or discloses, except as permitted by subsection (3) or (4), information that the person obtained under subsection 9 (6) or (7) and that is personal information as defined in MFIPPA shall be deemed to contravene clause 48 (1) (a) of MFIPPA.

1997 expenses

14. (1) The 1997 expenses of the board of trustees shall be paid by The Municipality of Metropolitan Toronto, as directed by the board; the board shall provide the Metropolitan Council with an estimate of those expenses, and they shall be included in the municipality's 1997 operating budget.

Same, 1998

(2) The 1998 expenses of the board of trustees shall be paid by the new city, as directed by the board; the board shall, by January 31, 1998, provide the council of the new city with an estimate of those expenses.

Remuneration and expenses of members

(3) The expenses of the board of trustees include the remuneration and expenses of its members under subsection 9 (3).

Protection from personal liability

15. (1) No proceeding for damages shall be commenced against the board of trustees or any of its members, employees or agents for any act done in good faith in the execution or intended execution of their duty under this Act or for any alleged neglect or default in the execution in good faith of that duty.

Same

(2) Subsection (1) also applies in respect of an employee or agent of an old municipality or its local board who acts under the direction of,

(a) a member of the board of trustees;

(b) the council of the old municipality; or

Vicarious liability

(3) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsections (1) and (2) do not relieve any person, other than one mentioned in those subsections, of any liability to which the person would otherwise be subject.

Transition Team

Transition team

16. (1) There shall be a transition team consisting of one or more members appointed by the Lieutenant Governor in Council; the Lieutenant Governor in Council may designate one of the members as chair.

Body corporate

(2) The transition team is a body corporate.

Remuneration and expenses

(3) The members of the transition team shall be paid the remuneration fixed by the Lieutenant Governor in Council and the reasonable expenses incurred in the course of their duties under this Act.

Duties

(4) The transition team shall,

(a) consider what further legislation may be required to implement this Act, and make detailed recommendations to the Minister;

(b) consider whether restrictions should be imposed on the amounts the new city may raise and the amounts the new city and its local boards may spend in any year, and make detailed recommendations to the Minister;

(d) hire, in accordance with section 17, department heads and other employees as the transition team considers necessary to ensure the good management of the new city and the continuity of municipal services;

(e) hold public consultations on,

(i) the functions to be assigned to neighbourhood committees and the method of choosing their members,

(ii) the rationalization and integration of municipal services across the new city;

(f) during December, 1997, make detailed recommendations to the new council on,

(i) the matters referred to in subclauses (e) (i) and (ii),

(ii) a procedure by-law for the purposes of subsection 55 (2) of the Municipal Act, and

(iii) transitional issues;

(g) report to the Minister at his or her request;

(h) co-operate with the board of trustees;

(i) carry out any other prescribed duties.

Co-operation, access to information

(5) The members of each old council, the employees and agents of the old municipality and the members, employees and agents of each local board of an old municipality shall,

(a) co-operate with the members, employees and agents of the transition team, assist them in the performance of their duties and comply with their requests under this Act;

(b) on request, allow any person described in clause (a) to examine and copy any document, record or other information in the possession of the old municipality or local board, as the case may be.

Powers

(6) Without limiting the generality of subsection (5), the transition team has power to,

(a) require an old council or a local board of an old municipality to submit a report,

(i) identifying the assets and liabilities of the old municipality or local board, or specified categories of those assets and liabilities,

(ii) naming the members and employees of the old municipality or local board and stating their positions, terms of employment, remuneration and benefits,

(iii) concerning any other matter the transition team specifies;

(b) require an old council to submit a report listing the entities, including local boards,

(i) that were established by or for the old municipality and are still in existence when the report is made, or

(ii) that received funding from the old municipality in 1996;

(i) listing the entities, including local boards, to which the old municipality has power to make appointments,

(ii) for each entity, identifying the source of the power to appoint, naming any current appointee and stating when his or her term expires;

(d) require an old council or a local board of an old municipality to,

(i) furnish information, records or documents that are in its possession or control, and

(ii) create a new document or record by compiling existing information, and furnish the document or record;

(e) require an old council or a local board of an old municipality to update earlier information furnished under clause (a), (b), (c) or (d);

(f) impose a deadline for compliance with a requirement under clause (a), (b), (c), (d) or (e).

Delegation to one or more members

(7) The transition team may authorize one or more of its members to act on its behalf.

Staff, facilities and services

(8) The transition team may hire staff, arrange for facilities and obtain expert services as it considers necessary to perform its functions.

Secondments

(9) The transition team may require that an employee of an old municipality or of its local board be seconded to work for the transition team.

Same

(10) A person who is seconded under subsection (9) remains an employee of the old municipality or local board, which is entitled to recover his or her salary and benefits from the transition team.

Same

(11) A person who is seconded under subsection (9) shall receive the same benefits and at least the same salary as in his or her permanent position.

Dissolution of transition team

(12) On or after January 31, 1998 the Minister may, by order, dissolve the transition team.

Employees for new city

17. When the transition team hires a person under clause 16 (4) (d), the following rules apply:

1. The transition team and the person shall agree on the terms of employment, and the new city is bound by the resulting employment contract.

2. The employment contract may take effect on or before January 1, 1998.

3. If the contract takes effect before January 1, 1998, the person is an employee of the transition team until that day and an employee of the new city from January 1 onwards. If the contract takes effect on January 1, 1998, the person is an employee of the new city on that day.

4. While the person is an employee of the transition team, the person shall be deemed for all purposes to be an employee under the Ontario Municipal Employees Retirement System Act, and the transition team shall be deemed, in respect of the person, to be an employer under that Act.

5. The council of the new city shall be deemed to have taken, on January 1, 1998, all steps that may be required to make the person the effective holder of his or her office.

Decisions final, no judicial review

18. (1) The decisions of the transition team are final and shall not be reviewed or questioned by a court.

Non-application of SPPA

(2) The Statutory Powers Procedure Act does not apply to the transition team.

Definitions

19. (1) In this section,

"FIPPA" means the Freedom of Information and Protection of Privacy Act; ("loi d'information")

"MFIPPA" means the Municipal Freedom of Information and Protection of Privacy Act. ("loi d'information municipale")

Conflict with FIPPA, MFIPPA

(2) Subsections (3) and (4) of this section and subsections 16 (5) and (6) apply despite anything in FIPPA or MFIPPA.

Restriction

(3) A person who obtains under subsection 16 (5) or (6) information that is personal information as defined in MFIPPA shall use and disclose it only for the purposes of this Act.

Example

(4) Without limiting the generality of subsection (3), the information that may be used or disclosed under that subsection includes information relating to,

(a) a financial transaction or proposed financial transaction of an old municipality or its local board;

(b) anything done or proposed to be done, in connection with the finances of an old municipality or its local board, by,

(i) a member of the council of an old municipality or of its local board, or

(ii) an employee or agent of the old municipality or local board.

Offence

(5) A person who wilfully uses or discloses, except as permitted by subsection (3) or (4), information that the person obtained under subsection 16 (5) or (6) and that is personal information as defined in MFIPPA shall be deemed to contravene clause 48 (1) (a) of MFIPPA.

1997 expenses

20. (1) The 1997 expenses of the transition team shall be paid by The Municipality of Metropolitan Toronto, as directed by the transition team; the transition team shall provide the Metropolitan Council with an estimate of those expenses and they shall be included in the municipality's 1997 operating budget.

Same, 1998

(2) The 1998 expenses of the transition team shall be paid by the new city, as directed by the transition team; the transition team shall, by January 31, 1998, provide the council of the new city with an estimate of those expenses.

Remuneration and expenses of members

(3) The transition team's expenses include the remuneration and expenses of its members under subsection 16 (3).

Protection from personal liability

21. (1) No proceeding for damages shall be commenced against the transition team or any of its members, employees or agents for any act done in good faith in the execution or intended execution of their duty under this Act or for any alleged neglect or default in the execution in good faith of that duty.

Same

(2) Subsection (1) also applies in respect of an employee or agent of an old municipality or its local board who acts under the direction of,

(a) a member of the transition team;

(b) the council of the old municipality; or

Vicarious liability

1997 Regular Election

Terms extended

22. (1) The following persons, if in office on November 30, 1997, shall continue in office until the end of the transitional year:

1. The members of the old councils.

2. The members of the local boards of the old municipalities.

Elected and unelected persons

(2) Subsection (1) applies to elected and unelected persons, and applies despite section 10 of the Municipal Elections Act.

Rules for 1997 regular election

23. The following rules apply to the 1997 regular election in the urban area:

1. The election shall be conducted as if sections 2, 3 and 6 and the order made under section 4 were already in force.

2. The Minister shall designate a member of the transition team, or another person, to conduct the 1997 regular election.

3. The clerks of the area municipalities under the Municipality of Metropolitan Toronto Act, and the clerk of the new city, if appointed, shall assist the person designated under paragraph 2 and act under his or her direction.

4. The costs of the election that are payable in 1997 shall be paid by The Municipality of Metropolitan Toronto, as directed by the person designated under paragraph 2. The clerks of the area municipalities under the Municipality of Metropolitan Toronto Act shall provide the Metropolitan Council with an estimate of those costs, and they shall be included in the municipality's 1997 operating budget.

5. The costs of the election that are payable in 1998 shall be paid by the new city.

PART IV

REGULATIONS AND OTHER MATTERS

Regulations

24. (1) The Minister may by regulation,

(a) impose conditions on the exercise of the powers of an old council;

(b) impose conditions on the exercise of the powers of a local board of an old municipality, except the powers of the Municipality of Metropolitan Toronto Police Services Board under section 31 of the Police Services Act;

(d) provide for any other transitional matter that is necessary or desirable for the effective implementation of this Act;

(e) prescribe,

(i) duties for the purpose of clause 9 (4) (g) (board of trustees),

(ii) duties for the purpose of clause 16 (4) (i) (transition team), and

(iii) anything else referred to in this Act as being prescribed;

(f) define any word or expression used in this Act that has not already been expressly defined in this Act.

General or particular application

(2) A regulation made under subsection (1) may be general or particular in its application.

Retroactivity

(3) A regulation made under subsection (1) may be retroactive to a date not earlier than December 17, 1996.

Enforcement of Act

25. (1) The Minister may apply to the Ontario Court (General Division) for an order requiring any person or body to comply with any provision of,

(a) this Act;

(b) a regulation made under this Act;

Additional power

(2) Subsection (1) is additional to and not intended to replace any other available means of enforcement.

Conflict, Act

26. (1) This Act applies despite any general or special Act and despite any regulation made under another Act, and in the event of a conflict between this Act and another Act or a regulation made under another Act, this Act prevails.

Same, regulations

(2) In the event of conflict between a regulation made under subsection 24 (1) and a provision of this Act or of any other Act or regulation, the regulation made under subsection 24 (1) prevails.

Repeal

27. (1) Parts I to VII and IX to XVIII of the Municipality of Metropolitan Toronto Act are repealed.

Dissolution of old municipalities

(2) The following municipalities are dissolved:

1. The Municipality of Metropolitan Toronto.

2. The Borough of East York.

3. The City of Etobicoke.

4. The City of North York.

5. The City of Scarborough.

6. The City of Toronto incorporated by the City of Toronto Act, 1834.

7. The City of York.

Dissolution of public utility commissions

(3) The following public utility commissions are dissolved:

1. The Hydro-Electric Commission of the Borough of East York.

2. The Hydro-Electric Commission of the City of Etobicoke.

3. The Hydro-Electric Commission of the City of North York.

4. The Public Utilities Commission of the City of Scarborough.

5. The Toronto Electric Commissioners.

6. The Hydro-Electric Commission of the City of York.

School boards

28. (1) Nothing in this Act affects school boards.

Same

(2) Without limiting the generality of subsection (1),

(a) section 23 does not apply with respect to school boards; and

(b) subsection 27 (2) does not affect the existence or functioning of,

(i) the school boards of the municipalities referred to in paragraphs 2 to 7 of that subsection,

(ii) The Metropolitan Toronto School Board,

(iii) the Metropolitan Separate School Board, or

(iv) The Metropolitan Toronto French-Language School Council.

Transition

29. Despite anything else in this Act,

(a) the old councils having authority in the urban area on December 31, 1997 shall, until the council of the new city is organized, continue to have the same powers as on that day, for the purpose of dealing with emergencies; and

(b) the members of the public utility commissions referred to in subsection 27 (3) shall, until the members of the Toronto Hydro-Electric Commission are appointed, continue to have the same powers as on December 31, 1997, for the purpose of dealing with emergencies.

Commencement

30. (1) This Act, except as provided in subsections (2) and (3), comes into force on the day it receives Royal Assent.

Same

(2) Sections 9, 10, 11 and 12, subsections 13 (3) and (4), sections 14 and 15 and paragraphs 2 and 3 of section 23 shall be deemed to have come into force on December 17, 1996.

Same

(3) Sections 2, 3, 5 to 8 and 27 come into force on January 1, 1998.

Short title

31. The short title of this Act is the City of Toronto Act, 1996.

SCHEDULE

Beaches-Woodbine

Davenport

Don Valley East

Don Valley West

Eglinton-Lawrence

Etobicoke Centre

Etobicoke-Lakeshore

Etobicoke North

Parkdale-High Park

Scarborough-Agincourt

Scarborough Centre

Scarborough East

Scarborough-Rouge River

Scarborough Southwest

St. Paul's

Toronto Centre-Rosedale

Trinity-Spadina

York Centre

York North

York South-Weston

York West

Willowdale