Red Tape Reduction Act (Ministry of
Agriculture, Food and Rural Affairs), 1997
EXPLANATORY NOTE
The Bill is part of the government's initiative to reduce red tape. It amends two Acts and repeals one other Act administered by the Ministry of Agriculture, Food and Rural Affairs.
Drainage Act
The Bill amends section 41 of the Act so that a local municipality is not required to send a copy of the engineer's report mentioned in that section to owners of lands and roads assessed for a sum of less than $100.
The Bill also places limits on the amount of grants and the reimbursement for the costs of a drainage superintendent that the Minister of Agriculture, Food and Rural Affairs may pay under section 87 of the Act.
Sheep and Wool Marketing Act
The Bill repeals the Act.
Tile Drainage Act
The Bill amends the Act so that municipalities are no longer required to obtain the approval of the Ontario Municipal Board before passing borrowing by-laws under section 2. The by-laws no longer need to be registered in the land registry office where the municipality passing the by-law is situated.
Bill 1161996
An Act to reduce red tape by amending or
repealing certain statutes administered by the
Ministry of Agriculture, Food and Rural Affairs
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
Drainage Act
1. (1) Section 41 of the Drainage Act is amended by adding the following subsection:
Same
(3.1) Despite subsections (1) and (2), the council of a local municipality is not required to send a copy of the report to owners of lands and roads assessed for a sum of less than $100.
(2) Subsection 87 (1) of the Act is amended by striking out the portion before clause (a) and substituting the following:
(1) On receiving a duly completed application, the Minister may pay to the treasurer of the initiating municipality, out of the money appropriated for that purpose by the Legislature, a grant not exceeding,
. . . . .
(3) The French version of clause 87 (1) (a) of the Act is amended by striking out "de" at the beginning.
(4) The French version of clause 87 (1) (b) of the Act is amended by striking out "de" at the beginning.
(5) Subsection 87 (3) of the Act is repealed and the following substituted:
Where drainage superintendent employed
(3) Where one or more municipalities employ a drainage superintendent who has qualifications satisfactory to the Minister, the Minister may direct that an amount not exceeding 50 per cent of the costs incurred by the municipality or municipalities in the employment of the superintendent shall be paid out of the money appropriated for that purpose by the Legislature.
Sheep and Wool Marketing Act
2. The Sheep and Wool Marketing Act and section 38 of the Statute Law Amendment Act (Government Management and Services), 1994, are repealed.
Tile Drainage Act
3. (1) The definition of "municipality" in section 1 of the Tile Drainage Act is repealed and the following substituted:
"municipality" means a city, town, village or township; ("municipalité")
(2) Section 2 of the Act, as amended by the Statutes of Ontario, 1996, chapter 32, section 100, is repealed and the following substituted:
Borrowing powers of municipalities
2. (1) The council of a municipality may pass by-laws in the prescribed form authorizing,
(a) the borrowing of money from the Minister of Finance for the purpose of lending the money for the construction of drainage works; and
(b) the issuance of debentures in the prescribed form by the municipality or by a district or regional municipality on its behalf.
When by-law valid
(2) A by-law passed under subsection (1) is valid and binding according to its terms unless an application is made or an action is brought to quash the by-law in a court of competent jurisdiction within four weeks after the by-law is passed.
Deposit with Minister of Finance
(3) After the expiration of four weeks since a by-law is passed under subsection (1), the clerk of the municipality shall deposit with the Minister of Finance a certified copy of the by-law, together with an affidavit of the clerk in the prescribed form if,
(a) no application has been made or no action has been brought to quash the by-law; or
(b) an application has been made or an action has been brought to quash the by-law but it has been dismissed.
Clerk's affidavit
(4) The affidavit of the clerk shall state which one of clauses (3) (a) and (b) applies in respect of the by-law.
Offer to sell debentures
(5) After the clerk has complied with subsection (3), the municipality that issued the debentures authorized by the by-law may offer to sell the debentures to the Province of Ontario.
Commencement and Short Title
Commencement
4. This Act comes into force on the day it receives Royal Assent.
Short title
5. The short title of this Act is the Red Tape Reduction Act (Ministry of Agriculture, Food and Rural Affairs), 1997.