Bill 86, Better Local Government Act, 1996

Better Local Government Act, 1996

EXPLANATORY NOTES

The Bill represents the first phase of a comprehensive rewriting of Ontario's municipal legislation. Its major components are:

1. The Municipal Elections Act, 1996, which replaces the existing Municipal Elections Act, and consequential amendments to municipal and other statutes.

2. Election-related changes dealing with council size and composition and division into wards.

3. Amendments relating to municipal debt and investment.

4. Amendments relating to municipal liability.

5. Miscellaneous municipal amendments.

6. Amendments relating to annual assessment updates.

7. Amendments relating to community transportation.

Municipal Elections Act, 1996

Part I of the Bill enacts the Municipal Elections Act, 1996, repeals its predecessor and deals with transitional issues. The new Act appears as a schedule to the Bill. Some of its features are:

1. The Act is streamlined and reorganized, its terminology is simplified and updated, and the number of prescribed forms is reduced.

2. The requirement of a specific municipal enumeration is eliminated. (Section 19 of new Act)

3. Voters' lists will no longer be posted in public places, although they can be examined and copied in the clerk's office. (Subsection 88 (11) of new Act)

4. Nomination day is the Friday 31 days before voting day (October 10 in 1997). Candidates may be nominated from January 1 onwards in the year of a regular election. (Sections 31 and 33 of new Act)

5. Nominations must be accompanied by a deposit, which is refundable if the candidate withdraws, receives more than a prescribed minimum of the vote or is elected. (Sections 33 and 34 of new Act)

6. Employees of municipalities and local boards are entitled to seek local elected office, but must take unpaid leave in order to do so. (Section 30 of new Act)

7. Municipalities may pass by-laws providing for the use of alternative voting methods such as phone or mail-in voting. (Section 42 of new Act)

8. Previously municipalities were required to set aside at least two days for an advance vote; the minimum is reduced to one day. (Section 43 of new Act)

9. Voting day remains the second Monday in November (November 10 in 1997). As before, regular elections are held every three years. (Sections 4 and 5 of new Act)

10. Normal voting hours on voting day remain from 10 a.m. to 8 p.m., but municipalities may provide for earlier opening times. Voting hours for an advance vote are in the discretion of the council. (Sections 43 and 46 of new Act)

11. Municipalities, elected local boards and the Minister of Municipal Affairs and Housing are entitled to have questions placed on the ballot. (Section 8 of new Act)

12. The clerk conducts a recount if there is a tied vote, if the council or local board (or the Minister, when he or she has submitted a question) requires a recount, or if the Ontario Court (General Division) orders a recount. (Sections 56-62 of new Act)

13. Election campaign finance rules are rewritten. (Sections 66-82 of new Act)

Consequential amendments to the Municipal Act and other statutes are found in Parts II and III of the Bill. The Municipal Elections Act, 1996 and the consequential amendments come into force when the Bill receives Royal Assent.

Election-related changes

1. Municipal councils are permitted to change council size and composition. Lower-tier councils are also permitted to change their members' titles and manner of election (by ward or by general vote). (Sections 3 and 4 of Bill; sections 26, 27 and 29 of Municipal Act)

2. Councils are permitted to divide or redivide municipalities into wards or dissolve existing wards, subject to a public right of appeal. Members of the public are also entitled to petition for changes relating to wards. (Section 2, subsections 74 (2) and 87 (5) of Bill; sections 13 to 13.3 of Municipal Act, section 5 of Municipality of Metropolitan Toronto Act, sections 8.1 and 8.2 of Regional Municipality of Ottawa-Carleton Act)

These changes, like the Municipal Elections Act, 1996 and consequential amendments, come into force when the Bill receives Royal Assent.

Debt and investment matters

1. Municipalities are entitled to invest surplus funds in accordance with the regulations. (Subsection 24 (3), sections 31 and 33 of Bill; subsection 144 (5) and sections 163 and 167 of Municipal Act; corresponding changes to County of Oxford Act, District Municipality of Muskoka Act, Municipality of Metropolitan Toronto Act and Regional Municipalities Act)

2. Prescribed municipalities are permitted to issue variable rate debentures, subject to the regulations. (Section 29 of Bill; section 149.1 of Municipal Act)

3. Municipal powers to borrow in foreign currencies, and to issue debentures in those currencies, are standardized and consolidated. (Sections 26 and 35 of Bill; section 146 of Municipal Act; corresponding changes to County of Oxford Act, District Municipality of Muskoka Act, Municipality of Metropolitan Toronto Act and Regional Municipalities Act)

4. Municipalities are given greater flexibility in timing of interest payments. (Subsections 22 (1), 23 (1), 24 (1), section 25 of Bill; subsections 140 (2), 140 (3), 141 (1), 144 (1), 145 (1) of Municipal Act; corresponding changes to County of Oxford Act, District Municipality of Muskoka Act, Municipality of Metropolitan Toronto Act and Regional Municipalities Act)

5. Requirements for O.M.B. approval in various financing and financial management matters are repealed.

6. Inconsistent, unclear and archaic provisions are rewritten, updated and standardized.

The amendments relating to debt and investment are to come into force on proclamation, except that certain repeals of O.M.B. approval requirements are retroactive to January 1, 1993.

Municipal liability

1. New section 331.3 is added to the Municipal Act to codify the common law exemption from liability that applies when a council has made a policy decision in an area of discretionary activity. (Section 52 of Bill)

2. New section 331.2 is added to the Municipal Act to limit actions in nuisance based on the escape of water or sewage from water or sewage works. (Section 52 of Bill)

3. Various municipal statutes are amended to clarify the duty to keep roads and bridges in a reasonable state of repair, and to establish limits on liability. (Section 51 of Bill; subsections 284 (1) to (1.8) of Municipal Act; corresponding changes to County of Oxford Act, District Municipality of Muskoka Act, Municipality of Metropolitan Toronto Act and Regional Municipalities Act)

The amendments relating to municipal liability come into force when the Bill receives Royal Assent.

Miscellaneous municipal amendments

1. Licensing of taxis at airports no longer operated by the Crown will continue. (Section 49 of Bill, section 232 (sub-subparagraph 1 (b)(i)) of Municipal Act)

2. Inquiries into municipal conduct are eliminated. (Section 41 of Bill, repealing section 178 of Municipal Act; corresponding changes to County of Oxford Act, District Municipality of Muskoka Act, Municipality of Metropolitan Toronto Act and Regional Municipalities Act)

3. The Regional Municipalities Act is amended to give The Regional Municipality of Ottawa-Carleton the same authority to acquire and operate airports that other municipalities already have. (Subsection 81 (41) of Bill; clause 136 (2) (b) of Regional Municipalities Act)

4. Councils are permitted to delegate non-legislative duties to committees and to staff. (Section 14 of Bill; section 102.1 of Municipal Act)

These amendments come into force when the Bill receives Royal Assent.

Assessment

Requirements for assessment updates in 1997 are suspended. (Section 55, subsection 81 (40) of Bill; subsection 371 (9.1) of Municipal Act, subsection 135.3 (6.1) of Regional Municipalities Act)

These amendments are effective as of December 1, 1996.

Community transportation

The Ambulance Act, Highway Traffic Act and Public Transportation and Highway Improvement Act are amended to deal with community transportation and medical transportation services. (Sections 56, 68 and 79 of Bill)

The amendments relating to community transportation are to come into force on proclamation.

Bill 86 1996

An Act to provide for better local government

by updating and streamlining the Municipal Elections Act,

the Municipal Act and related statutes

CONTENTS

PARTSections

I Municipal Elections Act, 19961

II Amendments to Municipal Act2-55

III Amendments to other Acts

Ambulance Act56

Assessment Act57

Barrie-Innisfil Annexation Act, 198158

Barrie-Vespra Annexation Act, 198459

Brantford-Brant Annexation Act, 198060

The City of Timmins-Porcupine Act, 197261

The City of Thunder Bay Act, 1968-6962

Conservation Authorities Act63

County of Oxford Act64

County of Simcoe Act65

District Municipality of Muskoka Act66

Education Act67

Highway Traffic Act68

Homes for the Aged and Rest Homes Act69

Liquor Licence Act70

Local Government Disclosure of Interest Act, 199471

London-Middlesex Act, 199272

Municipal Freedom of Information and

Protection of Privacy Act73

Municipality of Metropolitan Toronto Act74

The Municipality of Neebing Act, 1968-6975

The Municipality of Shuniah Act, 1968-6976

Ontario Municipal Board Act77

Public Libraries Act78

Public Transportation and Highway Improvement Act79

Public Utilities Act80

Regional Municipalities Act81

Regional Municipality of Durham Act82

Regional Municipality of Haldimand-Norfolk Act83

Regional Municipality of Halton Act84

Regional Municipality of Hamilton-Wentworth Act85

Regional Municipality of Niagara Act86

Regional Municipality of Ottawa-Carleton Act87

Regional Municipality of Peel Act88

Regional Municipality of Sudbury Act89

Regional Municipality of Waterloo Act90

Regional Municipality of York Act91

Sarnia-Lambton Act, 198992

Shoreline Property Assistance Act93

St. Clair Parkway Commission Act94

Telephone Act95

Tile Drainage Act96

Trees Act97

IV Commencement and short title98, 99

Schedule Municipal Elections Act, 1996

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

PART I

MUNICIPAL ELECTIONS ACT, 1996

1. (1) The Municipal Elections Act, 1996, as set out in the Schedule, is hereby enacted.

Repeals

(2) The following are repealed:

1. The Municipal Elections Act.

2. Section 3 of the Regional Municipality of Ottawa-Carleton Statute Law Amendment Act, 1991.

3. Sections 91 and 92 of the Municipal Statute Law Amendment Act, 1992.

4. Section 23 of the Regional Municipality of Ottawa-Carleton and French-Language School Boards Statute Law Amendment Act, 1994.

5. Sections 50 and 110 of the Statute Law Amendment Act (Government Management and Services), 1994.

6. The Municipal Elections Amendment Act, 1994.

Transition

(3) Despite subsection (2), the Municipal Elections Act continues to apply to any new election that has begun before this section comes into force.

PART II

MUNICIPAL ACT

2. The definitions of "Minister", "Ministry" and "regular election" in subsection 1 (1) of the Municipal Act are repealed and the following substituted:

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

"ministry" means the Ministry of Municipal Affairs and Housing; ("ministère")

. . . . .

"regular election" means the triennial regular election referred to in subsection 4 (1) of the Municipal Elections Act, 1996. ("élection ordinaire")

3. Section 13 of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 109, is repealed and the following substituted:

Wards

Division into wards at incorporation or erection

13. (1) At the time of incorporating or erecting a local municipality, the Municipal Board,

(a) in the case of a city, shall make an order dividing it into wards;

(b) in any other case, may make an order dividing it into wards.

Names or numbers of wards

(2) When the Municipal Board makes an order dividing a local municipality into wards, it shall assign a name or number to each ward.

Composition of local boards

(3) When the Municipal Board makes an order dividing a local municipality into wards it may, despite any general or special Act, in the order provide for the composition of any local board as defined in the Municipal Affairs Act and for the numbers of members to be elected to it from each ward as the Municipal Board considers necessary.

By-law to establish wards

(4) The council of a local municipality may pass a by-law dividing or redividing the municipality into wards or dissolving the existing wards.

Public notice and meeting

(5) Before passing a by-law under subsection (4), the council shall give notice of its intention to pass the by-law and hold at least one public meeting to consider the matter.

Criteria for boundaries

(6) When the council acts under subsection (4), it shall have regard to the prescribed criteria for establishing ward boundaries.

Regulations

(7) The Minister may, by regulation, prescribe criteria for the purpose of subsection (6); the criteria may be particular or general in their application.

Conflict

(8) If there is a conflict between this section and any provision dealing with municipal wards that is contained in a public or private Act, this section prevails.

Effective date

(9) A by-law dividing a municipality into wards or dissolving the existing wards that is passed after January 1 in the year of a regular election under the Municipal Elections Act, 1996 does not come into force until after the next regular election under that Act.

Transition, 1997 regular election

(10) Despite subsection (9), a by-law passed under this section on or before March 31, 1997 comes into force for the 1997 regular election.

Application of subss. (9) and (10) to orders

(11) Subsections (9) and (10) also apply, with necessary modifications, to an order dividing a municipality into wards or dissolving the existing wards that is made under this or any other Act.

Existing applications continued

(12) Despite section 3 of the Better Local Government Act, 1996, section 13 as it read on the day before the coming into force of that section continues to apply to an application to divide or redivide a municipality into wards, or to dissolve existing wards, that is commenced before the day of the coming into force of that section.

Existing wards continued

(13) Until a by-law passed by the council of a municipality under this section comes into force, the wards in existence on the day before the coming into force of section 3 of the Better Local Government Act, 1996 are unaffected.

Notice of right to appeal wards by-law

13.1 (1) Within 15 days after the council passes a by-law under subsection 13 (4), the clerk shall give notice of it to the electors, specifying the last day for filing a notice of appeal under subsection (2).

Appeal

(2) Within 20 days after the clerk gives notice of the by-law, the Minister or any other person or agency may appeal to the Municipal Board by filing with the clerk a notice of appeal setting out any objection to the by-law and the reasons in support of the objection.

Coming into force of by-law

(3) If no notice of appeal is filed under subsection (2), the by-law shall be deemed to have come into force on the day it was passed.

Affidavit

(4) The clerk's affidavit that he or she gave notice of the by-law in accordance with subsection (1) and that no notice of appeal was filed under subsection (2) within the 20-day period is conclusive evidence of the facts stated in it.

Transmission to Municipal Board

(5) The clerk shall, within 15 days after the last day for filing a notice of appeal under subsection (2), forward any notices of appeal received to the Municipal Board.

Other information

(6) The clerk shall provide any other information or material that the Board requires in connection with the appeal.

Withdrawal

(7) If the appeals filed under subsection (2) have all been withdrawn and the time for filing notices of appeal has expired, the secretary of the Municipal Board shall notify the clerk of the municipality of the fact, and the by-law shall be deemed to have come into force on the day it was passed.

Hearing and disposition

(8) The Board shall hold a hearing and may,

(a) dismiss the appeal; or

(b) allow the appeal in whole or in part.

Same

(9) When the Board allows the appeal, it may make an order,

(a) repealing all or part of the by-law, or amending the by-law, or doing both; or

(b) directing the council to repeal all or part of the by-law, to amend the by-law, or to do both.

Coming into force of by-law

(10) If one or more appeals have been filed under subsection (2), the by-law comes into force when the appeals have been withdrawn or finally disposed of; the by-law, as amended by the Board or at its direction, shall be deemed to have come into force on the day it was passed, unless the Board orders otherwise.

Exception, 1997 regular election

(11) Despite subsection (10), in the case of a by-law referred to in subsection 13 (10), if the appeal has not been withdrawn or disposed of by the Board on or before March 31, 1997, the by-law does not come into force until the day the Municipal Board makes its order.

Petition re wards

13.2 (1) Electors in a local municipality may present a petition to the council asking the council to pass a by-law dividing or redividing the municipality into wards or dissolving the existing wards.

Number of electors required

(2) A petition under subsection (1) requires,

(a) the signatures of 75 electors, if the municipality has 5,000 electors or fewer;

(b) the signatures of 150 electors, if the municipality has more than 5,000 electors.

Council's failure to act

(3) If the council does not pass a by-law in accordance with the petition within 30 days after receiving the petition, any of the electors who signed the petition may apply to the Municipal Board to have the municipality divided or redivided into wards or to have the existing wards dissolved.

Order

(4) On hearing the application the Municipal Board may, despite any general or special Act, make an order dividing or redividing the municipality into wards or dissolving the existing wards, and subsections 13 (2) and (3) apply with necessary modifications.

Effective date

(5) The order shall specify the date on which the division, redivision or dissolution is to take effect.

Transition, regulations

13.3 (1) The Minister may, by regulation, provide for transitional matters that affect the 1997 regular election under the Municipal Elections Act, 1996 and arise out of by-laws referred to in,

(a) subsection 13 (10) of this Act, subsection 5 (6) of the Municipality of Metropolitan Toronto Act and subsection 8.1 (8) of the Regional Municipality of Ottawa-Carleton Act (wards);

(b) subsection 26 (5) of this Act (changes in size and composition of county councils);

(c) subsection 27 (6) of this Act (changes in size and composition of upper-tier councils); or

(d) subsection 29 (12) of this Act (changes in size, composition and titles of members of local councils).

Same

(2) A regulation made under subsection (1) may be made retroactive to January 1, 1997 or a later date, and may be particular or general in its application.

Same

(3) A regulation made under subsection (1) applies despite anything else in this or any other public or private Act.

4. Sections 26, 27 and 28 of the Act are repealed and the following substituted:

Counties and Upper-Tier Municipalities

County council, composition

26. (1) The council of a county may, by by-law, change the composition and size of the council and the number of votes given to any member.

Notice, public meeting

(2) Before passing a by-law under subsection (1), the council shall give notice of its intention to pass the by-law and hold at least one public meeting to consider the matter.

Conditions

(3) The by-law shall not come into force unless,

(a) a majority of all votes on the county council are cast in its favour;

(b) a majority of the councils of all the municipalities that form part of the county for municipal purposes have passed resolutions consenting to the by-law; and

(c) the total number of electors in the local municipalities that have passed resolutions referred to in clause (b) form a majority of all the electors in the county.

Effective date

(4) A by-law that is passed under subsection (1) after January 1 in the year of a regular election under the Municipal ElectionsAct, 1996 does not come into force until after the next regular election under that Act.

Transition, 1997 regular election

(5) Despite subsection (4), a by-law passed under subsection (1) on or before March 31, 1997 comes into force for the 1997 regular election.

Transition, existing councils

(6) Until the first by-law passed under subsection (1) comes into force in a county, the composition and size of the council and the number of votes given to each member remain as they are on the day before the coming into force of section 4 of the Better Local Government Act, 1996.

Conflict

(7) If there is a conflict between this section and any provision dealing with the size or composition of a county council or the number of votes given to each member that is contained in any other Act, whether public or private, this section prevails.

Definition

27. (1) In this section,

"upper-tier municipality" means a metropolitan, regional or district municipality and the County of Oxford.

Upper-tier council, composition

(2) The council of an upper-tier municipality may, by by-law, change the composition and size of the council, subject to the following rules:

1. There shall be a chair.

2. Each local municipality shall be represented by at least one member.

3. The manner of election of the council of the upper-tier municipality, whether by ward, by general vote or by a combination of the two, shall not be changed.

Notice, public meeting

(3) Before passing a by-law under subsection (2), the council shall give notice of its intention to pass the by-law and hold at least one public meeting to consider the matter.

Conditions

(4) The by-law shall not come into force unless,

(a) a majority of all votes on the upper-tier council are cast in its favour;

(b) a majority of the councils of all the local municipalities forming part of the upper-tier municipality have passed resolutions consenting to the by-law; and

(c) the total number of electors in the local municipalities that have passed resolutions referred to in clause (b) form a majority of all the electors in the upper-tier municipality.

Effective date

(5) A by-law that is passed under subsection (2) after January 1 in the year of a regular election under the Municipal Elections Act, 1996 does not come into force until after the next regular election under that Act.

Transition, 1997 regular election

(6) Despite subsection (5), a by-law passed under subsection (2) on or before March 31, 1997 comes into force for the 1997 regular election.

Transition, existing councils

(7) Until the first by-law passed under subsection (2) comes into force in an upper-tier municipality, the composition and size of the council remain as they are on the day before the coming into force of section 4 of the Better Local Government Act, 1996.

Conflict

(8) If there is a conflict between this section and any provision dealing with the size or composition of an upper-tier council that is contained in any other Act, whether public or private, this section prevails.

Application of section

(9) This section does not apply to an upper-tier municipality until the Minister makes a regulation declaring that the section applies to the upper-tier municipality.

Regulations

(10) The Minister may, by regulation, declare that this section applies to an upper-tier municipality.

5. Sections 29, 30, 31, 32, 33 and 34 of the Act are repealed and the following substituted:

Councils of Local Municipalities

Composition and size of council

29. (1) The council of a local municipality shall be composed of a head of council and four other elected members, subject to subsection (3).

Board of control

(2) In the case of a city with a board of control, the members of the board are also members of council by virtue of their office.

By-law increasing number of members

(3) The council may pass a by-law increasing the number of its elected members.

Representation on other councils

(4) A by-law passed under subsection (3) shall not affect the municipality's representation on a county council, a regional, district or metropolitan council or the council of the County of Oxford.

Election of head of council

(5) The head of council shall be elected by general vote.

Other elected members

(6) The elected members, other than the head of council, may be elected by general vote, by ward or by a combination of the two, in accordance with a by-law passed by council.

Public notice and meeting

(7) Before passing a by-law under subsection (3) or (6), the council shall give notice of its intention to pass the by-law and hold at least one public meeting to consider the matter.

By-law re titles

(8) The council may pass a by-law adopting the following titles for its elected members:

Head of council: "mayor" in English and "maire" in French

Other elected members: "councillor" in English and "conseiller" in French

Same

(9) The council may pass a by-law providing for different titles than those shown in subsection (8).

Conflict

(10) If there is a conflict between this section and any provision dealing with the size and composition of the council, the manner of election or the titles of members of council that is contained in a public or private Act, this section prevails.

Effective date

(11) A by-law that is passed under this section after January 1 in the year of a regular election under the Municipal ElectionsAct, 1996 does not come into force until after the next regular election under that Act.

Transition, 1997 regular election

(12) Despite subsection (11), a by-law passed under this section on or before March 31, 1997 comes into force for the 1997 regular election.

Continuation of existing composition, titles etc.

(13) Until a council passes a by-law under this section after the coming into force of section 5 of the Better Local Government Act, 1996, its size and composition, the titles of its elected members and the manner of their election remain the same as they are on the day before that section comes into force.

6. Section 35 of the Act is repealed.

7. Clause 36 (a) of the Act is repealed and the following substituted:

(a) who is entitled to be an elector in the local municipality under section 17 of the Municipal Elections Act, 1996.

8. (1) Paragraph 1 of subsection 37 (1) of the Act is repealed and the following substituted:

1. Except during a leave of absence under section 30 of the Municipal Elections Act, 1996, an employee of the municipality or of its local board as defined in the Municipal Affairs Act, other than a person appointed under section 256.

(2) Paragraph 5 of subsection 37 (1) of the Act is repealed.

(3) Subsections 37 (3), (4), (5), (6), (7), (8) and (9) of the Act are repealed.

9. Clause 38 (d) of the Act is repealed.

10. Section 40 of the Act is amended by striking out "Municipal Elections Act" in the second and third lines and substituting "Municipal Elections Act, 1996".

11. (1) Section 44 of the Act is amended by striking out "action" and substituting "application",

(a) in the third line of subsection (1);

(b) in the first line and in the last line of subsection (2); and

(c) in the first line of subsection (3).

(2) Subsections 44 (4) and (5) of the Act are repealed and the following substituted:

Application of certain provisions of Municipal Elections Act, 1996

(4) Subsection 83 (3) and sections 85, 86 and 87 of the Municipal Elections Act, 1996 apply to the application as if it were an application under section 83 of that Act.

Combining of applications

(5) The application may be combined with an application under section 83 of the Municipal Elections Act, 1996; in that case, the applications shall be heard and disposed of together.

12. Section 46 of the Act is repealed and the following substituted:

By-election

46. (1) If the office of a member of the council of a local municipality becomes vacant the council may, by by-law, require an election to be held to fill the vacancy, and in that case the clerk shall hold a by-election in accordance with section 65 of the Municipal Elections Act, 1996.

Same

(2) If a direction is given in any judicial proceeding to hold an election to fill a vacancy on a council, the clerk shall hold a by-election in accordance with section 65 of the Municipal Elections Act, 1996.

Vacancy after March 31, year of regular election

(3) Despite subsections (1) and (2), if a vacancy occurs in the office of a member of the council of a local municipality after March 31 in the year of a regular election, no by-election shall be held and the council shall fill the vacancy in accordance with section 45 within 45 days after the vacancy occurs; however, if the vacancy occurs less than 46 days before nomination day in the regular election, it need not be filled.

13. (1) Subsection 48 (1) of the Act is amended by striking out "section 108 of the Municipal Elections Act" at the end and substituting "section 65 of the Municipal Elections Act, 1996".

(2) Subsection 48 (2) of the Act is amended by striking out "section 108 of the Municipal Elections Act" in the eighth and ninth lines and substituting "section 65 of the Municipal Elections Act, 1996".

14. The Act is amended by adding the following section:

Delegation of administrative functions

102.1 (1) The council of a municipality may, by by-law, delegate to a committee of council or to an employee of the municipality any powers, duties or functions that are administrative in nature.

Conditions

(2) The council may, in the by-law, impose conditions on the exercise or performance of the delegated powers, duties and functions.

Non-administrative matters

(3) Subsection (1) does not authorize the delegation of powers, duties, or functions that are legislative or otherwise non-administrative in nature, such as the power to pass by-laws, adopt estimates, levy, cancel, reduce or refund taxes, or appoint persons to and remove them from offices created by statute.

Definition

(4) In this section,

"municipality" includes a regional, metropolitan or district municipality and the County of Oxford.

15. Section 107 of the Act is amended by striking out "section 43 of the Municipal Elections Act" in the sixth and seventh lines and at the end of clause (d) and substituting in both cases "section 37 of the Municipal Elections Act, 1996".

16. Section 122 of the Act is repealed.

17. (1) The definition of "municipality" in subsection 123 (1) of the Act is amended by inserting "metropolitan" after "regional" in the first line.

(2) Subsection 123 (3) of the Act is amended by inserting "permanent" before "improvements" in the fourth line.

(3) Subsection 123 (12) of the Act is amended by inserting "metropolitan" before "regional" in the fifth line.

(4) Subsection 123 (13) of the Act is amended by striking out "proportionately" in the fifth line and substituting "equally".

(5) Clause 123 (14) (a) of the Act is amended by inserting "metropolitan" before "regional" in the first line.

18. Section 124 of the Act is repealed and the following substituted:

Debentures for joint undertakings

124. (1) If this Act or any other general Act authorizes or requires two or more municipalities to provide money for any purpose jointly, the municipalities may agree to authorize one of them to issue debentures for the whole or any part of the amount required.

Payment to issuing municipality

(2) If a municipality has issued debentures under an agreement made under subsection (1) for money to be raised by another municipality, the other municipality shall in each year during the currency of the debentures, before the date a payment of principal or interest becomes due under the debentures, make a payment to the treasurer of the issuing municipality.

Amount

(3) The amount of each payment to the issuing municipality shall be sufficient to pay the other municipality's share of the principal and interest becoming due.

Special rate

(4) The other municipality shall in each year raise by a special rate on all the rateable property in the municipality an amount equal to the sum of all payments in that year to the issuing municipality.

Conflict

(5) If there is a conflict between this section and any other provisions of this or any other Act that apply to the borrowing or providing of money or the issuing of debentures by two or more municipalities, the other provisions prevail.

19. Subsection 125 (5) of the Act is repealed and the following substituted:

Payment

(5) If a county has issued debentures under subsection (3), the municipality shall in each year during the currency of the debentures, before the date a payment of principal or interest becomes due under the debentures, make a payment to the treasurer of the county.

Amount

(6) The amount of each payment to the county shall be sufficient to pay the municipality's share of the principal and interest becoming due.

Special rate

(7) The municipality shall in each year raise by a special rate on all the rateable property in the municipality an amount equal to the sum of all payments in that year to the county.

20. Sections 129, 130, 131 and 132 of the Act are repealed.

21. Subsection 137 (3) of the Act is amended by striking out "section 119 of the Municipal Elections Act" in the second and third lines and substituting "subsection 90 (3) of the Municipal Elections Act, 1996".

22. (1) Subsections 140 (2) and (3) are repealed and the following substituted:

Principal and interest payments

(2) A money by­law for the issuing of debentures,

(a) shall provide for,

(i) repayment of the principal in annual instalments,

(ii) payment of interest on the unpaid balance, in one or more instalments in each year; and

(b) may provide for instalments of combined principal and interest.

Amount to be raised annually

(3) A money by­law for the issuing of debentures shall provide for raising, in each year, the amounts of principal and interest payable under the by-law, by a special rate on all the rateable property in the municipality, to the extent that the amounts have not been provided for by special rates imposed on persons or property made specially liable for them by a by-law of any municipality.

(2) Clause 140 (4) (b) of the Act, as amended by the Statutes of Ontario, 1992, chapter 15, section 2, is repealed and the following substituted:

(b) authorize the issue of debentures to refund at maturity outstanding debentures of the municipality, but the refunding debentures shall be payable within the maximum period of years that was authorized by the municipality for the repayment of the debt for which debentures were issued, commencing on the date the original debentures were issued.

(3) Subsections 140 (6), (7), (8), (9), (10) and (11) of the Act are repealed and the following substituted:

Dating and issuing of debentures

(6) A by-law for the issuing of debentures may provide for issuing them,

(a) on any date specified in the by-law; or

(b) in sets in the amounts and on the dates required.

Same

(7) Subject to subsection (8), debentures may bear any date or dates specified in the issuing by-law, including a date before the by-law is passed if the by-law provides for the first levy being made in the year in which the debentures are dated or in the next year.

Same

(8) Every debenture in a set or issue of debentures shall bear the same date.

Extension of time for issue

(9) The council may by by-law extend the date for an issue of debentures or sets of them.

Effective date of by-law

(10) A by-law passed under this section comes into force on the day it is passed, unless a later date is specified in the by-law.

(4) Paragraph 5 of subsection 140 (13) of the Act is repealed and the following substituted:

Order of redemption

5. If only part of an issue of debentures is to be redeemed, the part shall comprise only the debentures with the latest maturity dates, and no debenture issued under the by­law shall be called for redemption in priority to a debenture issued under the by-law with a later maturity date.

(5) Subsection 140 (15) of the Act, as amended by the Statutes of Ontario, 1992, chapter 15, section 2, is repealed and the following substituted:

Exchange of debentures permitted

(15) The treasurer of a municipality may, on the request of the holder of a debenture issued by the municipality, issue and deliver to the holder a new debenture or debentures in exchange, for the same aggregate principal amount.

(6) Subsection 140 (17) of the Act, as amended by the Statutes of Ontario, 1992, chapter 15, section 2, is repealed and the following substituted:

Duty of treasurer

(17) When a debenture is surrendered for exchange under subsection (15), the treasurer shall,

(a) cancel and destroy it;

(b) certify the cancellation and destruction in the debenture registry; and

(c) enter in the debenture registry particulars of the new debenture or debentures issued in exchange.

(7) Subsection 140 (19) of the Act is amended by striking out "proportionately" in the fourth line and substituting "equally".

23. (1) Subsection 141 (1) of the Act, as re-enacted by the Statutes of Ontario, 1992, chapter 15, section 3, is amended by striking out "annually or semi-annually" in the fourth line and substituting "in one or more instalments in each year".

(2) Subsection 141 (8) of the Act, as amended by the Statutes of Ontario, 1992, chapter 15, section 3, is repealed and the following substituted:

Maximum term of debentures

(8) Debentures issued under subsection (7) shall be payable within the maximum period of years that was authorized by the municipality for the repayment of the debt for which debentures were issued, commencing on the date the original debentures were issued.

24. (1) Subsection 144 (1) of the Act, as re-enacted by the Statutes of Ontario, 1992, chapter 15, section 5, is amended by striking out "annually or semi-annually" in the seventh line and substituting "in one or more instalments in each year".

(2) Subsection 144 (2.2) of the Act, as enacted by the Statutes of Ontario, 1992, chapter 15, section 5, is repealed and the following substituted:

Term

(2.2) The refunding debentures shall be payable within the maximum period of years that was authorized by the municipality for the repayment of the debt for which debentures were issued, commencing on the date the original debentures were issued.

(3) Subsection 144 (5) of the Act is repealed and the following substituted:

Authorized investments

(5) The bank, trust corporation or credit union may invest only in securities in which the municipality would be permitted to invest under section 167.

Transition

(4) During the year that begins on the effective date and ends on the first anniversary of the effective date,

(a) subsection 144 (5) of the Act, as it read on the day before the effective date, continues to apply to investments made before the effective date; and

(b) money received may also be invested in securities in which the municipality is permitted to invest under section 167 of the Act.

Same

(5) An investment referred to in clause (4) (a) shall not be continued after the first anniversary of the effective date unless it is a permitted investment under section 167 of the Act.

Effective date

(6) For the purposes of subsections (4) and (5), the effective date is the day subsection (3) comes into force.

25. Subsection 145 (1) of the Act, as re-enacted by the Statutes of Ontario, 1992, chapter 15, section 6, is amended by striking out "annually or semi-annually" in the seventh line and substituting "in one or more instalments in each year".

26. Section 146 of the Act, as amended by the Statutes of Ontario, 1992, chapter 15, section 7, is repealed and the following substituted:

Definition

146. (1) In this section,

"municipality" includes a metropolitan, regional or district municipality and the County of Oxford.

Debentures in foreign currency

(2) Any power conferred on a municipality to borrow or raise money and to issue debentures includes the power to issue debentures, or debentures of a prescribed class, expressed and payable in a prescribed foreign currency if,

(a) the municipality is prescribed for the purposes of this subsection; and

(b) the prescribed conditions are satisfied.

Same

(3) A debenture issued under subsection (2) may provide for payment of interest and principal in more than one prescribed foreign currency, in Canadian dollars, or a combination of any of them.

Raising estimated amount

(4) A by-law passed under subsection (2) may provide for raising or paying an estimated amount in a year, despite other provisions in this Act requiring that a specific amount be raised or paid.

Variation

(5) The estimated amount may vary from year to year.

Premium to be set aside in reserve fund

(6) Every money by­law passed under this section may provide that any portion of the premium which may be received on the currency in which the debentures are payable that is not required to pay the cost of the work authorized under the by­law and incidental charges shall be set aside in a reserve fund to be used to pay the premium on the annual payments of principal and interest on the debentures.

Risks

(7) For the purpose of minimizing costs or counteracting the risk associated with issuing its debentures in any currency because of fluctuations in interest rates or fluctuations in rates of exchange between the Canadian dollar and other currencies, a municipality prescribed for the purposes of this subsection may enter into any of the following agreements with the prescribed persons, if the prescribed conditions are met:

1. Foreign currency exchange agreements.

2. Interest rate exchange agreements.

3. Agreements to purchase or exchange other prescribed securities.

4. Other prescribed financial agreements.

Regulations

(8) The Lieutenant Governor in Council may make regulations,

(a) prescribing the foreign currencies in which debentures may be issued under subsection (2);

(b) prescribing the municipalities or classes of municipalities that may issue debentures in general or debentures belonging to prescribed classes under subsection (2), and prescribing classes of debentures;

(c) prescribing conditions for the purposes of subsection (2);

(d) prescribing municipalities or classes of municipalities for the purposes of subsection (7);

(e) prescribing conditions for the purposes of subsection (7);

(f) prescribing persons for the purposes of subsection (7);

(g) prescribing financial agreements for the purposes of subsection (7).

27. (1) Subsection 147 (1) of the Act is repealed and the following substituted:

Debt

(1) A municipality may borrow money or incur a debt for municipal purposes and may issue debentures for the money borrowed or for the debt.

(2) Subsection 147 (2) of the Act, as amended by the Statutes of Ontario, 1992, chapter 15, section 8 and 1993, chapter 27, Schedule, is repealed and the following substituted:

Municipal purposes

(2) In subsection (1), "municipal purposes" means all the purposes of the municipality under this or any other Act.

Limitations

(2.1) Subsection (1) is subject to the limitations in this or any other Act.

(3) The English version of subsection 147 (3) of the Act is amended by striking out "municipal corporation" in the first line and in the tenth line and substituting in both cases "municipality".

(4) Clause 147 (4) (c) of the Act, as enacted by the Statutes of Ontario, 1992, chapter 15, section 8, is amended by inserting "or class of work" after "each specific work" in the third line.

(5) Clause 147 (4) (e) of the Act, as enacted by the Statutes of Ontario, 1992, chapter 15, section 8, is repealed and the following substituted:

(e) establishing conditions that must be met by any municipality or class of municipalities before undertaking a debt, financial obligation or liability or a debt, financial obligation or liability of a specified class.

(6) Subsection 147 (5) of the Act, as enacted by the Statutes of Ontario, 1992, chapter 15, section 8, is amended by striking out "Sections 65 and 66 of the Ontario Municipal Board Act do not apply" in the first and second lines and substituting "Section 65 of the Ontario Municipal Board Act does not apply".

(7) Section 147 of the Act is amended by adding the following subsection:

Definition

(6) In subsections (4) and (5),

"municipality" includes a metropolitan, district or regional municipality and the County of Oxford.

28. Subsection 149 (2) of the Act is repealed.

29. The Act is amended by adding the following section:

Fixed rate of interest

149.1 (1) A by-law for the issue of debentures shall specify a fixed rate of interest, unless subsection (2) applies.

Variable rate

(2) Despite anything in this or any other Act, a prescribed municipality may pass a by-law for the issue of debentures providing for a variable rate of interest and for the payment of other amounts, subject to the prescribed rules.

Estimate of amount to be raised

(3) A by-law passed under subsection (2) may provide for raising or paying an estimated amount in a year, despite provisions in this or any other Act requiring that a specific amount be raised or paid.

Variations

(4) The estimated amount may vary from year to year.

Regulations

(5) The Lieutenant Governor in Council may make regulations,

(a) prescribing municipalities or classes of municipalities for the purposes of subsection (2);

(b) prescribing rules for the purposes of subsection (2).

Definition

(6) In this section,

"municipality" includes a metropolitan, district or regional municipality and the County of Oxford.

30. Subsection 150 (2) of the Act is amended by striking out "and shall not take effect until approved by the Municipal Board" in the last two lines.

31. (1) Subsections 163 (1) and (2) of the Act are repealed and the following substituted:

Definitions

(1) In this section,

"local board" means a local board as defined in the Municipal Affairs Act; ("conseil local")

"municipality" means a county, city, town, village or township; ("municipalité")

"other entity" means a board, commission, body or local authority established or exercising any power or authority with respect to municipal affairs under any general or special Act in an unorganized township or in unsurveyed territory. ("autre entité")

Reserve fund

(2) Every municipality, local board and other entity may in each year provide in its estimates for the establishment or maintenance of a reserve fund for any purpose for which it has authority to expend funds.

Approval of council

(2.1) If the approval of a council is required by law for a capital expenditure or the issue of debentures by or on behalf of a local board, the local board must obtain the approval of the council before providing for a reserve fund for those purposes in its estimates.

Investment

(2.2) The money raised for a reserve fund shall be paid into a special account, and may be invested only in the following securities:

1. In the case of a municipality or local board, the securities in which the municipality is permitted to invest under section 167.

2. In the case of any other entity, the securities or classes of securities that are prescribed.

Same

(2.3) The earnings derived from investment of the reserve fund form part of it.

Transition

(2) During the year that begins on the effective date and ends on the first anniversary of the effective date,

(a) subsection 163 (2) of the Act, as it read on the day before the effective date, continues to apply to investments made before the effective date; and

(b) money in a reserve fund may also be invested in securities in which a municipality is permitted to invest under section 167 of the Act.

Same

(3) An investment referred to in clause (2) (a) shall not be continued after the first anniversary of the effective date unless it is a permitted investment under section 167 of the Act.

Effective date

(4) For the purposes of subsections (2) and (3), the effective date is the day subsection (1) comes into force.

(5) Subsection 163 (5) of the Act is amended by striking out "subsection (1)" at the end and substituting "subsection (2)".

(6) Section 163 of the Act is amended by adding the following subsections:

Regulations

(6) The Lieutenant Governor in Council may make regulations prescribing securities or classes of securities for the purposes of paragraph 2 of subsection (2.2).

Same

(7) A regulation made under subsection (6) may be general or particular in its application.

32. (1) Subsection 164 (2) of the Act is repealed and the following substituted:

Special account

(2) The contributions shall be paid into a special account, and subsections 163 (2), (2.2) and (3) apply with necessary modifications.

Transition

(2) During the year that begins on the effective date and ends on the first anniversary of the effective date,

(a) subsections 164 (2) and 163 (2) of the Act, as they read on the day before the effective date, continue to apply to investments made before the effective date; and

(b) money in the account may also be invested in securities in which a municipality is permitted to invest under section 167 of the Act.

Same

(3) An investment referred to in clause (2) (a) shall not be continued after the first anniversary of the effective date unless it is a permitted investment under section 167 of the Act.

Effective date

(4) For the purposes of subsections (2) and (3), the effective date is the day subsection (1) comes into force.

33. Section 167 of the Act, as amended by the Statutes of Ontario, 1992, chapter 15, section 10, is repealed and the following substituted:

Definition

167. (1) In this section,

"municipality" includes a metropolitan, regional or district municipality and the County of Oxford.

Investment, advance to capital account

(2) If a municipality has money that it does not require immediately, it may,

(a) subject to the prescribed rules, invest the money in prescribed securities; or

(b) advance the money to its capital account as interim financing of capital undertakings of the municipality.

Repayment with interest

(3) An investment or advance under subsection (2) shall be made repayable on or before the day on which the municipality requires the money; any interest earned shall be credited to the fund from which the money was invested or advanced.

Combined investments

(4) A municipality may combine money held in the general fund, the capital fund and the reserve fund and deal with the money in accordance with subsection (2).

Allocation

(5) Earnings from the combined investments shall be credited to each separate fund in proportion to the amount invested from that fund.

Regulations

(6) The Lieutenant Governor in Council may make regulations,

(a) prescribing rules for the purposes of clause (2) (a);

(b) prescribing securities or classes of them for the purposes of clause (2) (a);

(c) providing that a municipality does not have power to invest under this section in specified securities or classes of securities, and specifying the securities and classes.

Same

(7) A regulation made under subsection (6) may be general or particular in its application.

34. Section 167.1 of the Act, as enacted by the Statutes of Ontario, 1992, chapter 15, section 11, is amended by striking out "subsection 163 (2) or" in the third and fourth lines.

35. Section 167.2 of the Act, as enacted by the Statutes of Ontario, 1992, chapter 15, section 11, is repealed.

36. (1) Subsection 167.4 (1) of the Act, as enacted by the Statutes of Ontario, 1993, chapter 26, section 47, is amended by adding the following definition:

"person" includes a local board as defined in the Municipal Affairs Act. ("personne")

(2) Subsection 167.4 (3) of the Act, as enacted by the Statutes of Ontario, 1993, chapter 26, section 47, is repealed and the following substituted:

Restrictions

(3) Joint investment under subsection (2) is restricted to the investments that are permitted to the participating municipality with the most limited investment powers.

37. Subsection 168 (4) of the Act is amended by striking out "with the approval of the Municipal Board" in the sixth and seventh lines.

38. Section 171 of the Act is amended by striking out "and the Municipal Board" in the eleventh and twelfth lines and in the nineteenth line.

39. Section 172 of the Act is amended by striking out "with the approval of the Municipal Board" in the fifth and sixth lines.

40. Section 173 of the Act is repealed.

41. Section 178 of the Act is repealed.

42. Section 179 of the Act, as amended by the Statutes of Ontario, 1992, chapter 15, section 12, is repealed and the following substituted:

Execution

179. (1) A debenture shall bear,

(a) the corporation's seal; and

(b) the signatures of,

(i) the head of the council, or another person authorized to sign by a by-law of the corporation, and

(ii) the treasurer.

To whom payable

(2) A debenture may be made payable to bearer or to a named person or bearer.

Full amount recoverable

(3) The full amount of a debenture is recoverable even if it was negotiated at a discount by the corporation.

Mechanical reproduction of seal and signatures

(4) The seal and signatures referred to in this section may be printed, lithographed, engraved or otherwise mechanically reproduced.

Signature

(5) A debenture is sufficiently signed if,

(a) it bears the required signatures; and

(b) each person signing has authority to do so on the date he or she signs.

Interest coupons

(6) Interest coupons, each bearing the treasurer's signature, may be attached to a debenture.

Application of subss. (4) and (5)

(7) Subsections (4) and (5) also apply to the execution of interest coupons.

43. Section 184 of the Act is repealed.

44. Subsection 185 (3) of the Act is repealed and the following substituted:

Deficit on sale of debenture

(3) If a deficit is sustained on the sale of all or part of an issue of debentures of a municipality and all or part of the amount of the deficit is required for the purposes for which the debentures were issued, the amount required shall be,

(a) added to the sum to be raised in the first year for the payment of principal and interest on the debentures, and the levy made in the first year shall be increased accordingly; or

(b) raised by the issue of other debentures for the same or similar purposes.

45. Section 186 of the Act is amended by inserting "or the method of calculating the rate of interest" after "the rate of interest" in the sixth line.

46. Subsection 187 (7) of the Act is repealed and the following substituted:

Same

(7) The signature of the head of council or any other person authorized to sign promissory notes or bankers' acceptances may be printed, engraved, lithographed or otherwise mechanically reproduced.

47. Paragraph 25 of section 207 of the Act is repealed.

48. Subsection 210.1 (3) of the Act, as enacted by the Statutes of Ontario, 1993, chapter 26, section 48, is amended by striking out "subsection 191 (1)" in the fourth line and substituting "any provision of this or any other Act permitting a municipality to sell or otherwise dispose of land or buildings when they are no longer required for the purposes of the municipality".

49. Sub-subparagraph (i) of subparagraph (b) of paragraph 1 of section 232 of the Act is repealed and the following substituted:

(i) may provide that the by-law, including any provisions for establishing fares or rates or limiting the number of cabs, applies to the owners and drivers of cabs engaged in the conveyance of goods or passengers from any point within the municipality to any point outside it, except a conveyance to an airport situated outside the municipality,

(A) where the airport is owned and operated by the Crown in right of Canada and the cab bears a valid and subsisting plate issued in respect of the airport under the Government Airport Concession Operations Regulations made under the Department of Transport Act (Canada), or

(B) where the airport is operated by a corporation or other body designated by the Governor in Council as a designated airport authority under the Airport Transfer (Miscellaneous Matters) Act (Canada) and the cab bears a valid and subsisting permit or licence issued by the designated airport authority.

50. (1) Subsection 252 (3) of the Act is amended by striking out "subsection 163 (2)" in the second-last and last lines and substituting "subsection 167 (2)".

Transition

(2) During the year that begins on the effective date and ends on the first anniversary of the effective date,

(a) subsection 163 (2) of the Act, as it read on the day before the effective date, continues to apply to investments made before the effective date; and

(b) money in the account may also be invested in securities in which a municipality is permitted to invest under section 167 of the Act.

Same

(3) An investment referred to in clause (2) (a) shall not be continued after the first anniversary of the effective date unless it is a permitted investment under section 167 of the Act.

Effective date

(4) For the purposes of subsections (2) and (3), the effective date is the day subsection (1) comes into force.

51. (1) Subsection 284 (1) of the Act is repealed and the following substituted:

Maintenance of roads and bridges

(1) The council of the corporation that has jurisdiction over a highway or bridge or upon which the duty of repairing it is imposed by this Act shall keep it in a state of repair that is reasonable in light of all the circumstances, including the character and location of the highway or bridge.

Liability

(1.1) In case of default, the corporation, subject to the Negligence Act, is liable for all damages any person sustains because of the default.

Defence

(1.2) The corporation is not liable under subsection (1) or (1.1) for failing to keep a highway or bridge in a reasonable state of repair if it did not know and could not reasonably have been expected to know about the state of repair of the highway or bridge.

Same

(1.3) The corporation is not liable under subsection (1) or (1.1) for failing to keep a highway or bridge in a reasonable state of repair if it took reasonable steps to prevent the default from arising.

Same

(1.4) The corporation is not liable under subsection (1) or (1.1) for failing to keep a highway or bridge in a reasonable state of repair if, at the time the cause of action arises,

(a) minimum standards established under subsection (1.5) apply,

(i) to the highway or bridge, and

(ii) to the alleged default; and

(b) those standards have been met.

Regulation

(1.5) The Minister of Transportation may, by regulation, establish minimum standards of repair for,

(a) highways and roads;

(b) classes of highways and roads;

(c) bridges;

(d) classes of bridges.

Same

(1.6) The minimum standards may be general or particular in their application.

Application extended to upper tier

(1.7) A regulation made under subsection (1.5) also applies to regional, district and metropolitan municipalities and the County of Oxford.

Adoption by reference

(1.8) A regulation made under subsection (1.5) may adopt by reference, in whole or in part, with such changes as the Minister of Transportation considers necessary, any code, standard or guideline, as it reads at the time the regulation is made or as amended from time to time, whether before or after the regulation is made.

(2) Subsection 284 (2) of the Act is amended by striking out "repair" in the fourth line and substituting "a reasonable state of repair".

52. The Act is amended by adding the following Part:

PART XIX.I

MUNICIPAL LIABILITY

Definitions

331.1 In this Part,

"local board" means a local board as defined in the Municipal Affairs Act; ("conseil local")

"municipality" includes a regional, metropolitan or district municipality and the County of Oxford; ("municipalité")

"sewage" includes drainage water and storm water; ("eaux d'égout")

"sewage works" means facilities for the collection, storage, transmission, treatment or disposal of sewage, or any part of the facilities; ("réseau d'égouts")

"water works" means facilities for the collection, production, treatment, storage, supply or distribution of water, or any part of the facilities. ("réseau d'adduction d'eau")

Liability in nuisance re water and sewage

331.2 (1) No proceeding based on nuisance shall be commenced against a municipality, a member of a municipal council, an employee or agent of the municipality or a local board in connection with the escape of water or sewage from sewage works or water works.

Rights preserved

(2) Subsection (1) does not exempt a municipality from,

(a) liability arising from a cause of action that is created by a statute; or

(b) an obligation to pay compensation that is created by a statute.

Transition

(3) Subsection (1) does not apply if the cause of action arose before the coming into force of section 52 of the Better Local Government Act, 1996.

Discretionary duties

331.3 A municipality is not liable for any damages a person sustains as a result of a limitation on the extent to which it does a thing, including the fact that it does not do the thing at all, if,

(a) an Act confers discretion on the municipality to determine whether or to what extent it will do the thing; and

(b) the limitation is the result of a policy decision that is made in a good faith exercise of the discretion.

53. Clause 333 (1) (a) of the Act is amended by striking out "under section 13 or 14 of the Municipal Elections Act" in the first, second and third lines and substituting "under section 17 of the Municipal Elections Act, 1996".

54. Subsection 336 (2) of the Act is amended by striking out "the clerk who is the returning officer for the election of the trustees under subsection 4 (2) of the Municipal Elections Act" in the fourth, fifth, sixth and seventh lines and substituting "the clerk who is responsible for conducting the election of the trustees under section 11 of the Municipal Elections Act, 1996".

55. Section 371 of the Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule, is further amended by adding the following subsection:

Postponement of 1997 update to 1998

(9.1) The direction that would otherwise be required under subsection (9) for 1997 shall be made in 1998.

PART III

AMENDMENTS TO OTHER ACTS

Ambulance Act

56. (1) The definitions of "ambulance" and "ambulance service" in section 1 of the Ambulance Act are repealed and the following substituted:

"ambulance" means a conveyance used or intended to be used for the transportation of persons who,

(a) have suffered a trauma or an acute onset of illness either of which could endanger their life, limb or function, or

(b) have been judged by a physician to be in an unstable medical condition and to require, while being transported, the care of a physician, nurse, other health care provider, emergency medical attendant or paramedic, and the use of a stretcher; ("ambulance")

"ambulance service" means a service, including the service of dispatching ambulances, that is held out to the public as available for the conveyance of persons by ambulance. ("service d'ambulance")

(2) Section 1 of the Act is amended by adding the following definitions:

"emergency medical attendant" means a person employed by or a volunteer in an ambulance service who meets the qualifications for an emergency medical attendant as set out in the regulations, but does not include a paramedic or a physician, nurse or other health care provider who attends on a call for an ambulance; ("ambulancier")

"paramedic" means a person employed by or a volunteer in an ambulance service who meets the qualifications for an emergency medical attendant as set out in the regulations, and who is authorized to perform one or more controlled medical acts under the authority of a base hospital medical director, but does not include a physician, nurse or other health care provider who attends on a call for an ambulance. ("auxiliaire médical")

(3) Subsection 22 (1) of the Act is amended by adding the following clause:

(h) prescribing the standard of care to be provided to persons by emergency medical attendants and paramedics.

Assessment Act

57. Section 15 of the Assessment Act, as amended by the Statutes of Ontario, 1991, chapter 11, section 1, is repealed and the following substituted:

Enumeration re Municipal Elections Act, 1996

15. For the purposes of the Municipal Elections Act, 1996, each assessment commissioner shall conduct an enumeration of the inhabitants of any municipality and locality in his or herassessment region, at the times and in the manner directed by the Minister.

Barrie-Innisfil Annexation Act, 1981

58. Section 8 of the Barrie-Innisfil Annexation Act, 1981 is repealed.

Barrie-Vespra Annexation Act, 1984

59. Section 14 of the Barrie-Vespra Annexation Act, 1984 is repealed.

Brantford-Brant Annexation Act, 1980

60. Subsections 6 (1) to (5) of the Brantford-Brant Annexation Act, 1980 are repealed.

The City of Timmins-Porcupine Act, 1972

61. (1) Subsections 3 (1), (2) (3), (4) and (6) of The City of Timmins-Porcupine Act, 1972 are repealed.

(2) Section 4 of the Act is repealed.

The City of Thunder Bay Act, 1968-69

62. (1) Subsections 3 (1), (2), (3), (5), (5a) and (5b) of The City of Thunder Bay Act, 1968-69, as amended by the Statutes of Ontario, 1978, chapter 9, section 1, are repealed.

(2) Section 4 of the Act is repealed.

Conservation Authorities Act

63. (1) Subsections 24 (1) and (2) of the Conservation Authorities Act are repealed and the following substituted:

Approval of project

(1) Before proceeding with a project, the authority shall file plans and a description with the Minister and obtain his or her approval in writing.

(2) Subsection 24 (5) of the Act is repealed.

(3) Subsection 26 (3) of the Act is amended by striking out "subject only to the conditions as the Ontario Municipal Boardmay impose as to the time and manner of the raising of the money".

County of Oxford Act

64. (1) Subsections 4 (1), (3) and (4) of the County of Oxford Act are repealed.

(2) Section 5 of the Act is repealed and the following substituted:

Notice of inquiry by Minister

5. (1) If the Minister is inquiring into the structure, organization and methods of operation of one or more area municipalities or of the County, the Minister may give the Municipal Board a written notice of the inquiry.

Stay of proceeding before Municipal Board

(2) When the Municipal Board receives the Minister's notice, the following are stayed until the Minister notifies the Municipal Board that they may be continued:

1. An appeal of a by-law of an area municipality passed under section 13 of the Municipal Act.

2. A petition under section 13.2 of that Act relating to an area municipality.

(3) Section 9 of the Act is repealed.

(4) Section 12 of the Act is amended by adding the following subsections:

Quorum if size and composition changed

(3) Despite the quorum rule in subsection (1), if a by-law passed by the County Council under section 27 of the Municipal Act is in force, a majority of the members are necessary to form a quorum.

By-law re quorum

(4) Despite subsection (3), the County Council may, by by-law, adopt a different quorum provision that requires the attendance of at least a majority of its members.

(5) Section 33 of the Act is repealed and the following substituted:

Road maintenance

33. (1) The County shall keep every road included in the county road system in a state of repair that is reasonable inlight of all the circumstances, including the road's character and location.

Defence

(2) The County is not liable under subsection (1) for failing to keep a road in a reasonable state of repair if it did not know and could not reasonably have been expected to know about the road's state of repair.

Same

(3) The County is not liable under subsection (1) for failing to keep a road in a reasonable state of repair if it took reasonable steps to prevent the default from arising.

Same

(4) The County is not liable under subsection (1) for failing to keep a road in a reasonable state of repair if, at the time the cause of action arises,

(a) minimum standards established under subsection 284 (1.5) of the Municipal Act apply,

(i) to the road, and

(ii) to the alleged default; and

(b) those standards have been met.

(6) Subsection 78 (1) of the Act, as re-enacted by the Statutes of Ontario, 1992, chapter 15, section 58, is repealed and the following substituted:

Investment of money

(1) Sections 167.1 and 167.3 of the Municipal Act apply to the County with necessary modifications.

(7) Subsection 86 (2) of the Act is repealed and the following substituted:

Investments and income

(2) The money raised for a reserve fund shall be paid into a special account, and may be invested only in securities in which the County is permitted to invest under section 167 of the Municipal Act.

Same

(2.1) The earnings derived from investment of the reserve fund form part of it.

Transition

(8) During the year that begins on the effective date and ends on the first anniversary of the effective date,

(a) subsection 86 (2) of the Act, as it read on the day before the effective date, continues to apply to investments made before the effective date; and

(b) money in a reserve fund may also be invested in securities in which the County is permitted to invest under section 167 of the Municipal Act.

Same

(9) An investment referred to in clause (8) (a) shall not be continued after the first anniversary of the effective date unless it is a permitted investment under section 167 of the Municipal Act.

Effective date

(10) For the purposes of subsections (8) and (9), the effective date is the day subsection (7) comes into force.

(11) Subsection 87 (6) of the Act is repealed and the following substituted:

Same

(6) The signature of the warden or any other person authorized to sign promissory notes or bankers' acceptances may be printed, engraved, lithographed or otherwise mechanically reproduced.

(12) Subsection 88 (1) of the Act is repealed and the following substituted:

Debt

(1) The County may borrow money or incur a debt for municipal purposes and may issue debentures for the money borrowed or for the debt.

Municipal purposes

(1.1) In subsection (1),

"municipal purposes" means all the following purposes, under this or any other Act:

1. The purposes of the County.

2. The purposes of an area municipality.

3. The joint purposes of two or more area municipalities.

Limitations

(1.2) Subsection (1) is subject to the limitations in this or any other Act.

(13) Section 90 of the Act, as amended by the Statutes of Ontario, 1992, chapter 15, section 61, is repealed.

(14) Section 91 of the Act is repealed and the following substituted:

Concurrence of specified number of members of area council

91. If, under any general or special Act, an area municipality cannot incur a debt or issue debentures for a particular purpose without the concurrence of a specified number of the members of its council, the County Council shall not pass a by-law authorizing the issue of debentures on behalf of the area municipality for that purpose unless that concurrence has been obtained to the passing of the County by-law.

(15) Subsection 92 (6) of the Act is repealed and the following substituted:

Signatures

(6) The signature of the warden or any other person authorized to sign loan agreements may be printed, engraved, lithographed or otherwise mechanically reproduced.

(16) Subsection 93 (1) of the Act is amended by striking out "interest annually or semi-annually upon the balance from time to time remaining unpaid, but" in the fourth, fifth and sixth lines and substituting "interest payable in one or more instalments in each year, and".

(17) Subsection 93 (2) of the Act is amended by striking out "annually or semi-annually" in the fourth line and substituting "in one or more instalments in each year".

(18) Clause 93 (7) (b) of the Act, as amended by the Statutes of Ontario, 1992, chapter 15, section 63, is repealed and the following substituted:

(b) authorize the issue of debentures to refund at maturity outstanding debentures of the municipality, but the refunding debentures shall be payable within the maximum period of years that was authorized by the County for the repayment of the debt for which debentures were issued, commencing on the date the original debentures were issued.

(19) Subsections 93 (11), (12), (13), (14), (15) and (16) of the Act are repealed and the following substituted:

Dating and issuing of debentures

(11) A by-law for the issuing of debentures may provide for issuing them,

(a) on any date specified in the by-law; or

(b) in sets in the amounts and on the dates required.

Same

(12) Subject to subsection (13), debentures may bear any date or dates specified in the issuing by-law, including a date

before the by-law is passed if the by-law provides for the first levy being made in the year in which the debentures are dated or in the next year.

Same

(13) Every debenture in a set or issue of debentures shall bear the same date.

Extension of time for issue

(14) The County Council may by by-law extend the date for an issue of debentures or sets of them.

Effective date of by-law

(15) A by-law passed under this section comes into force on the day it is passed, unless a later date is specified in the by-law.

(20) Subsection 93 (20) of the Act, as re-enacted by the Statutes of Ontario, 1992, chapter 15, section 63, subsection 93 (21) of the Act and subsection 93 (22) of the Act, as amended by the Statutes of Ontario, 1992, chapter 15, section 63, are repealed.

(21) Subsection 93 (23) of the Act is repealed and the following substituted:

Principal levies

(23) When sinking fund debentures are issued, the amount of principal to be raised in each year shall be a specific amount that, with the estimated interest at a rate not exceeding 8 per cent per year, compounded annually, will be sufficient to pay the principal of the debentures at maturity.

(22) Subsections 93 (33), (34) and (35) of the Act are repealed and the following substituted:

Same

(33) The money in the consolidated bank accounts shall be invested in securities in which the County is permitted to invest under section 167 of the Municipal Act.

Transition

(23) During the year that begins on the effective date and ends on the first anniversary of the effective date,

(a) subsection 93 (33) of the Act, as it read on the day before the effective date, continues to apply to investments made before the effective date; and

(b) money in the accounts may also be invested in securities in which the County is permitted to invest under section 167 of the Municipal Act.

Same

(24) An investment referred to in clause (23) (a) shall not be continued after the first anniversary of the effective date unless it is a permitted investment under section 167 of the Municipal Act.

Effective date

(25) For the purposes of subsections (23) and (24), the effective date is the day subsection (22) comes into force.

(26) Subsection 93 (37) of the Act is amended by striking out "capitalized" in the second line of clause (a) and in the second and third lines of clause (b) and substituting "compounded" in both cases.

(27) Subsection 93 (41) of the Act is repealed and the following substituted:

Where sinking fund account more than sufficient to pay debt

(41) Despite this or any other Act or by-law, if it appears at any time that the amount at the credit of a sinking fund account will, together with the estimated earnings to be credited to it under subsection (37) and the levy required by the by-law or by-laws that authorized the issue of the debentures represented by the sinking fund account, be more than sufficient to pay the principal of the debt when it matures, the County Council or the council of an area municipality may reduce the amount of money to be raised with respect to the debt.

(28) Subsection 93 (43) of the Act, as amended by the Statutes of Ontario, 1992, chapter 15, section 63, is repealed and the following substituted:

Surplus

(43) When there is a surplus in a sinking fund account, the sinking fund committee may, with the approval of the County Council,

(a) use the surplus to increase the amount at the credit of another sinking fund account; or

(b) authorize the withdrawal of the surplus from the consolidated bank accounts, to be used for one or more of the purposes described in subsection (43.1).

Purposes

(43.1) The purposes referred to in clause (43) (b) are:

1. Retirement of unmatured debentures of the County or of an area municipality.

2. Reduction of the next annual levy on account of principal and interest payable with respect to debentures of the County or of an area municipality.

3. Reduction of the amount of debentures to be issued for capital expenditures for which the issue of debentures has been approved.

4. Transfer to the general fund of the County or of an area municipality.

Proportion

(43.2) The surplus shall be used under clause (43) (a) or (b) for the purposes of the County or an area municipality in the proportion that the amount of the contribution for the purposes of each bears to the total contributions to the sinking fund account in which the surplus arose.

(29) Subsection 93 (45) of the Act, as amended by the Statutes of Ontario, 1992, chapter 15, section 63, is further amended by striking out "annually or semi-annually" in the fourth line and substituting "in one or more instalments in each year".

(30) Subsection 97 (2) of the Act is repealed and the following substituted:

Effective date

(2) The repealing by-law shall recite the facts on which it is founded, shall provide that it comes into force on December 31 in the year of its passing, and shall not affect any rates or levies due or penalties incurred before that day.

(31) Subsection 100 (6) of the Act is amended by striking out "a by-law passed without the assent of the electors of an area municipality as required by subsection 91 (1) or" in the first, second, third and fourth lines.

(32) Section 101 of the Act, as amended by the Statutes of Ontario, 1992, chapter 15, section 65, is repealed and the following substituted:

Execution

101. (1) A debenture shall bear,

(a) the County's seal; and

(b) the signatures of,

(i) the warden, or another person authorized to sign by a by-law of the County, and

(ii) the treasurer.

To whom payable

(2) A debenture may be made payable to bearer or to a named person or bearer.

Full amount recoverable

(3) The full amount of a debenture is recoverable even if it was negotiated at a discount by the County.

Mechanical reproduction of seal and signatures

(4) The seal and signatures referred to in this section may be printed, lithographed, engraved or otherwise mechanically reproduced.

Signature

(5) A debenture is sufficiently signed if,

(a) it bears the required signatures; and

(b) each person signing has authority to do so on the date he or she signs.

Interest coupons

(6) Interest coupons, each bearing the treasurer's signature, may be attached to a debenture.

Applications of subss. (4) and (5)

(7) Subsections (4) and (5) also apply to the execution of interest coupons.

(33) Subsection 105 (4) of the Act, as amended by the Statutes of Ontario, 1992, chapter 15, section 68, is repealed and the following substituted:

Duty of treasurer

(4) When a debenture is surrendered for exchange under subsection (2), the treasurer of the County shall,

(a) cancel and destroy it;

(b) certify the cancellation and destruction in the debenture registry; and

(c) enter in the debenture registry particulars of the new debenture or debentures issued in exchange.

(34) Clause 106 (3) (c) of the Act, as amended by the Statutes of Ontario, 1992, chapter 15, section 69, is further amended bystriking out "other capital expenditures of a similar nature for which the issue of debentures has been authorized by the County" and substituting "capital expenditures for which the issue of debentures has been approved by the County".

(35) Subsection 106 (4) of the Act, as amended by the Statutes of Ontario, 1992, chapter 15, section 69, is further amended by striking out "approved by the County" in the third-last and second-last lines.

(36) Section 107 of the Act is amended by striking out "with the approval of the Municipal Board" in the seventh and eighth lines and by striking out "other" in the ninth line.

(37) Section 112 of the Act is amended by striking out "with the approval of the Municipal Board" in the seventh line.

(38) Clause 112 (a) of the Act is amended by striking out "and apply the proceeds thereof, as may be directed by the Municipal Board" in the fourth, fifth and sixth lines and substituting "and apply the proceeds".

(39) Section 117 of the Act is repealed.

County of Simcoe Act, 1993

65. (1) Subsection 3 (1) of the County of Simcoe Act, 1993 is repealed.

(2) Section 4 of the Act is repealed and the following substituted:

Notice of inquiry by Minister

4. (1) If the Minister is inquiring into the structure, organization and methods of operation of one or more local municipalities, the Minister may give the Municipal Board a written notice of the inquiry.

Stay of proceeding before Municipal Board

(2) When the Municipal Board receives the Minister's notice, the following are stayed until the Minister notifies the Municipal Board that they may be continued:

1. An appeal of a by-law of a local municipality passed under section 13 of the Municipal Act.

2. A petition under section 13.2 of that Act relating to a local municipality.

(3) Section 7 of the Act is repealed.

(4) Sections 41, 42, 43 and 55 of the Act are repealed.

District Municipality of Muskoka Act

66. (1) Section 4 of the District Municipality of Muskoka Act is repealed.

(2) Section 7 of the Act is repealed and the following substituted:

Notice of inquiry by Minister

7. (1) If the Minister is inquiring into the structure, organization and methods of operation of one or more area municipalities or of the District Corporation, the Minister may give the Municipal Board a written notice of the inquiry.

Stay of proceeding before Municipal Board

(2) When the Municipal Board receives the Minister's notice, the following are stayed until the Minister notifies the Municipal Board that they may be continued:

1. An appeal of a by-law of an area municipality passed under section 13 of the Municipal Act.

2. A petition under section 13.2 of that Act relating to an area municipality.

(3) Section 11 of the Act is amended by adding the following subsections:

Quorum if size and composition changed

(4) Despite the quorum rule in subsection (1), if a by-law passed by the District Council under section 27 of the Municipal Act is in force, a majority of the members are necessary to form a quorum.

By-law re quorum

(5) Despite subsection (4), the District Council may, by by-law, adopt a different quorum provision that requires the attendance of at least a majority of its members.

(4) Section 33 of the Act is repealed and the following substituted:

Road maintenance

33. (1) The District Corporation shall keep every road included in the district road system in a state of repair that is reasonable in light of all the circumstances, including the road's character and location.

Expenditures

(2) In all cases the Minister of Transportation shall determine the amount of expenditure that is properly chargeable to road improvement, and his or her decision is final.

Defence

(3) The District Corporation is not liable under subsection (1) for failing to keep a road in a reasonable state of repair if it did not know and could not reasonably have been expected to know about the road's state of repair.

Same

(4) The District Corporation is not liable under subsection (1) for failing to keep a road in a reasonable state of repair if it took reasonable steps to prevent the default from arising.

Same

(5) The District Corporation is not liable under subsection (1) for failing to keep a road in a reasonable state of repair if, at the time the cause of action arises,

(a) minimum standards established under subsection 284 (1.5) of the Municipal Act apply,

(i) to the road, and

(ii) to the alleged default; and

(b) those standards have been met.

(5) Subsection 70 (1) of the Act, as re-enacted by the Statutes of Ontario, 1992, chapter 15, section 23, is repealed and the following substituted:

Investment of money

(1) Sections 167.1 and 167.3 of the Municipal Act apply to the District Corporation with necessary modifications.

(6) Subsection 84 (2) of the Act is repealed and the following substituted:

Investments and income

(2) The money raised for a reserve fund shall be paid into a special account, and may be invested only in securities in which the District Corporation is permitted to invest under section 167 of the Municipal Act.

Same

(2.1) The earnings derived from investment of the reserve fund form part of it.

Transition

(7) During the year that begins on the effective date and ends on the first anniversary of the effective date,

(a) subsection 84 (2) of the Act, as it read on the day before the effective date, continues to apply to investments made before the effective date; and

(b) money in a reserve fund may also be invested in securities in which the District Corporation is permitted to invest under section 167 of the Municipal Act.

Same

(8) An investment referred to in clause (7) (a) shall not be continued after the first anniversary of the effective date unless it is a permitted investment under section 167 of the Municipal Act.

Effective date

(9) For the purposes of subsections (7) and (8), the effective date is the day subsection (6) comes into force.

(10) Subsection 85 (7) of the Act is repealed and the following substituted:

Investments and income

(7) The money raised for a fund established under this section shall be paid into a special account, and may be invested only in securities in which the District Corporation is permitted to invest under section 167 of the Municipal Act.

Same

(7.1) The earnings derived from investment of a fund established under this section form part of it.

Transition

(11) During the year that begins on the effective date and ends on the first anniversary of the effective date,

(a) subsection 85 (7) of the Act, as it read on the day before the effective date, continues to apply to investments made before the effective date; and

(b) money in a fund established under section 85 of the Act may also be invested in securities in which the District Corporation is permitted to invest under section 167 of the Municipal Act.

Same

(12) An investment referred to in clause (11) (a) shall not be continued after the first anniversary of the effective dateunless it is a permitted investment under section 167 of the Municipal Act.

Effective date

(13) For the purposes of subsections (11) and (12), the effective date is the day subsection (10) comes into force.

(14) Subsection 86 (6) of the Act is repealed and the following substituted:

Same

(6) The signature of the chair or any other person authorized to sign promissory notes or banker's acceptances may be printed, engraved, lithographed or otherwise mechanically reproduced.

(15) Subsection 87 (1) of the Act and subsection 87 (1.1) of the Act, as enacted by the Statutes of Ontario, 1992, chapter 15, section 25, are repealed and the following substituted:

Debt

(1) The District Council may borrow money or incur a debt for municipal purposes and may issue debentures for the money borrowed or for the debt.

Municipal purposes

(1.1) In subsection (1),

"municipal purposes" means all the following purposes, under this or any other Act:

1. The purposes of the District Corporation.

2. The purposes of an area municipality.

3. The joint purposes of two or more area municipalities.

Limitations

(1.2) Subsection (1) is subject to the limitations in this or any other Act.

(16) Section 88 of the Act, as amended by the Statutes of Ontario, 1991, chapter 15, section 11, is repealed and the following substituted:

Concurrence of specified number of members of area council

88. If, under any general or special Act, an area municipality cannot incur a debt or issue debentures for a particular purpose without the concurrence of a specified number of the members of its council, the District Council shall not pass a by-law authorizing the issue of debentures on behalf of the area municipality for that purpose unless that concurrence has been obtained to the passing of the District by-law.

(17) Subsection 89 (6) of the Act is repealed and the following substituted:

Signatures

(6) The signature of the chair or any other person authorized to sign loan agreements may be printed, engraved, lithographed or otherwise mechanically reproduced.

(18) Subsection 91 (1) of the Act is amended by striking out "interest annually or semi-annually upon the balance from time to time remaining unpaid, but" in the fourth, fifth and sixth lines and substituting "interest payable in one or more instalments in each year, and".

(19) Subsection 91 (2) of the Act is amended by striking out "annually or semi-annually" in the fourth line and substituting "in one or more instalments in each year".

(20) Clause 91 (7) (b) of the Act, as amended by the Statutes of Ontario, 1992, chapter 15, section 27, is repealed and the following substituted:

(b) authorize the issue of debentures to refund at maturity outstanding debentures of the municipality, but the refunding debentures shall be payable within the maximum period of years that was authorized by the District Council for the repayment of the debt for which debentures were issued, commencing on the date the original debentures were issued.

(21) Subsections 91 (11), (12), (13), (14), (15) and (16) of the Act are repealed and the following substituted:

Dating and issuing of debentures

(11) A by-law for the issuing of debentures may provide for issuing them,

(a) on any date specified in the by-law; or

(b) in sets in the amounts and on the dates required.

Same

(12) Subject to subsection (13), debentures may bear any date or dates specified in the issuing by-law, including a date before the by-law is passed if the by-law provides for the first levy being made in the year in which the debentures are dated or in the next year.

Same

(13) Every debenture in a set or issue of debentures shall bear the same date.

Extension of time for issue

(14) The District Council may by by-law extend the date for an issue of debentures or sets of them.

Effective date of by-law

(15) A by-law passed under this section comes into force on the day it is passed, unless a later date is specified in the by-law.

(22) Subsection 91 (20) of the Act, as re-enacted by the Statutes of Ontario, 1992, chapter 15, section 27, and subsections 91 (21) and (22) of the Act, as amended by the Statutes of Ontario, 1992, chapter 15, section 27, are repealed.

(23) Subsection 91 (23) of the Act is repealed and the following substituted:

Principal levies

(23) When sinking fund debentures are issued, the amount of principal to be raised in each year shall be a specific amount that, with the estimated interest at a rate not exceeding 8 per cent per year, compounded annually, will be sufficient to pay the principal of the debentures at maturity.

(24) Subsections 91 (33), (34) and (35) of the Act are repealed and the following substituted:

Same

(33) The money in the consolidated bank accounts shall be invested in securities in which the District Corporation is permitted to invest under section 167 of the Municipal Act.

Transition

(25) During the year that begins on the effective date and ends on the first anniversary of the effective date,

(a) subsection 91 (33) of the Act, as it read on the day before the effective date, continues to apply to investments made before the effective date; and

(b) money in the accounts may also be invested in securities in which the District Corporation is permitted to invest under section 167 of the Municipal Act.

Same

(26) An investment referred to in clause (25) (a) shall not be continued after the first anniversary of the effective date unless it is a permitted investment under section 167 of the Municipal Act.

Effective date

(27) For the purposes of subsections (25) and (26), the effective date is the day subsection (24) comes into force.

(28) Subsection 91 (37) of the Act is amended by striking out "capitalized" in the second and third lines of clause (a) and in the second and third lines of clause (b) and substituting "compounded" in both cases.

(29) Subsection 91 (41) of the Act is repealed and the following substituted:

Where sinking fund account more than sufficient to pay debt

(41) Despite this or any other Act or by-law, if it appears at any time that the amount at the credit of a sinking fund account will, together with the estimated earnings to be credited to it under subsection (37) and the levy required by the by-law or by-laws that authorized the issue of the debentures represented by the sinking fund account, be more than sufficient to pay the principal of the debt when it matures, the District Council or the council of an area municipality may reduce the amount of money to be raised with respect to the debt.

(30) Subsection 91 (43) of the Act, as amended by the Statutes of Ontario, 1992, chapter 15, section 27, is repealed and the following substituted:

Surplus

(43) When there is a surplus in a sinking fund account, the sinking fund committee may, with the approval of the District Council,

(a) use the surplus to increase the amount at the credit of another sinking fund account; or

(b) authorize the withdrawal of the surplus from the consolidated bank accounts, to be used for one or more of the purposes described in subsection (43.1).

Purposes

(43.1) The purposes referred to in clause (43) (b) are:

1. Retirement of unmatured debentures of the District Corporation or of an area municipality.

2. Reduction of the next annual levy on account of principal and interest payable with respect to debentures of the District Corporation or of an area municipality.

3. Reduction of the amount of debentures to be issued for capital expenditures for which the issue of debentures has been approved.

4. Transfer to the general funds of the District Corporation or of an area municipality.

Proportion

(43.2) The surplus shall be used under clause 43 (a) or (b) for the purposes of the District Corporation or an area municipality in the proportion that the amount of the contribution for the purposes of each bears to the total contributions to the sinking fund account in which the surplus arose.

(31) Subsection 91 (45) of the Act, as amended by the Statutes of Ontario, 1992, chapter 15, section 27, is further amended by striking out "annually or semi-annually" in the fourth line and substituting "in one or more instalments in each year".

(32) Subsection 91 (48) of the Act is amended by striking out "proportionately" in the fourth line and substituting "equally".

(33) Subsection 95 (2) of the Act is repealed and the following substituted:

Effective date

(2) The repealing by-law shall recite the facts on which it is founded, shall provide that it comes into force on December 31 in the year of its passing, and shall not affect any rates or levies due or penalties incurred before that day.

(34) Subsection 98 (6) of the Act is amended by striking out "a by-law passed without the assent of the electors of an area municipality as required by subsection 88 (2) or" in the first, second, third and fourth lines.

(35) Section 99 of the Act, as amended by the Statutes of Ontario, 1992, chapter 15, section 29, is repealed and the following substituted:

Execution

99. (1) A debenture shall bear,

(a) the seal of the District Corporation; and

(b) the signatures of,

(i) the chair, or another person authorized to sign by a by-law of the District Council, and

(ii) the treasurer.

To whom payable

(2) A debenture may be made payable to bearer or to a named person or bearer.

Full amount recoverable

(3) The full amount of a debenture is recoverable even if it was negotiated at a discount by the District Corporation.

Mechanical reproduction of seal and signatures

(4) The seal and signatures referred to in this section may be printed, lithographed, engraved or otherwise mechanically reproduced.

Signature

(5) A debenture is sufficiently signed if,

(a) it bears the required signatures; and

(b) each person signing has authority to do so on the date he or she signs.

Interest coupons

(6) Interest coupons, each bearing the treasurer's signature, may be attached to a debenture.

Applications of subss. (4) and (5)

(7) Subsections (4) and (5) also apply to the execution of interest coupons.

(36) Subsection 103 (4) of the Act, as amended by the Statutes of Ontario, 1992, chapter 15, section 32, is repealed and the following substituted:

Duty of treasurer

(4) When a debenture is surrendered for exchange under subsection (2), the treasurer of the District Corporation shall,

(a) cancel and destroy it;

(b) certify the cancellation and destruction in the debenture registry; and

(c) enter in the debenture registry particulars of the new debenture or debentures issued in exchange.

(37) Clause 104 (3) (c) of the Act is amended by striking out "other capital expenditures of a similar nature for which the issue of debentures has been approved by the Municipal Board" in the second, third, fourth and fifth lines and substituting "capital expenditures for which the issue of debentures has been approved by the District Corporation".

(38) Subsection 104 (4) of the Act is amended by striking out "approved by the Municipal Board" in the third-last and second-last lines.

(39) Section 105 of the Act is amended by striking out "with the approval of the Municipal Board" in the seventh and eighth lines.

(40) Section 110 of the Act is amended by striking out "with the approval of the Municipal Board" in the seventh and eighth lines.

(41) Clause 110 (a) of the Act is amended by striking out "and apply the proceeds thereof, as may be directed by the Municipal Board" in the fourth, fifth and sixth lines and substituting "and apply the proceeds".

(42) Section 116 of the Act is repealed.

Education Act

67. (1) The definition of "polling list" in subsection 1 (1) of the Education Act is repealed and the following substituted:

"polling list" means the list of electors for each voting place prepared under section 28 of the Municipal Elections Act, 1996. ("liste électorale")

(2) Clause 55 (2) (d) of the Act is amended by striking out "new election" in the fourth line and substituting "first election".

(3) Clause 95 (1) (a) of the Act is amended by striking out "in the year next following" in the sixth line and substituting "during the two years following".

(4) Paragraph 45 of subsection 171 (1) of the Act is repealed and the following substituted:

45. pass a resolution referred to in subsection 57 (1) of the Municipal Elections Act, 1996.

(5) Subsection 218 (1) of the Act is amended by striking out "action" in the third line and substituting "application".

(6) Subsection 218 (2) of the Act is amended by striking out "action" in the first line and in the last line and substituting "application" in both cases.

(7) Subsection 218 (3) of the Act is amended by striking out "action" in the first line and substituting "application".

(8) Subsections 218 (4) and (5) of the Act are repealed and the following substituted:

Application of Municipal Elections Act, 1996

(4) Subsection 83 (3) and sections 85, 86 and 87 of the Municipal Elections Act, 1996 apply to an application made under this section, with necessary modifications.

Joining of claims

(5) A claim in an application under this section may be joined with a claim in an application under section 83 of the Municipal Elections Act, 1996, and the claims may be heard and disposed of together.

(9) Subsection 218 (6) of the Act is amended by striking out "Municipal Elections Act" in the first and second lines and in the last line and substituting "Municipal Elections Act, 1996" in both cases.

(10) Section 219 of the Act is repealed and the following substituted:

Disqualification of employees

219. Except during a leave of absence under section 30 of the Municipal Elections Act, 1996, an employee of a board is not eligible to be elected or to hold office as a member of the board.

(11) Subsection 220 (2) of the Act is amended by striking out "an elector, as defined in the Municipal Elections Act" in the first and second lines and substituting "entitled to be an elector under the Municipal Elections Act, 1996".

(12) Clause 222 (2) (b) of the Act is amended by striking out "new election" in the first line and substituting "by-election".

(13) Subsection 227 (2) of the Act is repealed and the following substituted:

Interim administration pending by-election

(2) Where under this Act vacancies on a board are required to be filled by an election to be conducted under the Municipal Elections Act, 1996 and no election can be held under that Act, the Minister may by order provide for the fulfilling of the duties and obligations of the board until such time as a by-election is held in accordance with that Act and the members so elected have taken office.

Highway Traffic Act

68. The Highway Traffic Act is amended by adding the following Part:

PART X.2

MEDICAL TRANSPORTATION SERVICES

Definitions

191.5 In this Part,

"local board" means a local board as defined in section 1 of the Municipal Affairs Act and any other body performing a public function that is prescribed by regulation, but it does not include the Toronto Area Transit Operating Authority; ("conseil local")

"medical transportation service" means a service that is designated by the Minister and that offers transportation to the public, primarily for medical purposes, within, to or from a municipality, but does not include an ambulance service that is licensed under the Ambulance Act; ("service de transport médical")

"municipality" includes a county, a local, district, metropolitan or regional municipality and the County of Oxford. ("municipalité")

By-laws re medical transportation services

191.6 (1) A municipality may pass by-laws to set standards for the operation of medical transportation services.

When local boards may pass resolutions

(2) In areas where there is no municipal organization or, where the council of a municipality delegates its power under this section to a local board, a local board may pass resolutions to set standards for the operation of medical transportation services.

Penalty

(3) Every person who contravenes a by-law or resolution passed under this section is guilty of an offence and on conviction is liable to a fine of not more than $10,000.

Regulations

191.7 The Minister may make regulations,

(a) providing that a body that performs a public function is a local board for the purposes of this Part;

(b) designating types of services to be medical transportation services and types of vehicles that may be used to provide medical transportation services.

Homes for the Aged and Rest Homes Act

69. (1) Section 16 of the Homes for the Aged and Rest Homes Act is amended by striking out "Subject to the approval of the Ontario Municipal Board and without the assent of the electors, a municipality may issue debentures" at the beginning and substituting "A municipality may issue debentures, without the assent of the electors".

(2) Subsection 26 (1) of the Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule, is repealed and the following substituted:

Alternative method of raising funds

(1) The council of two or more of the municipalities in the territorial district may agree to,

(a) authorize one of the municipalities in the district to raise the whole amount required by the issue of its debentures; or

(b) authorize two or more of the municipalities in the district to raise the whole amount required by the issue of their debentures, each raising part as the councils agree.

Same

(1.1) The municipality or municipalities shall raise the amount required in accordance with the agreement and shall pay the proceeds to the board of management of the home.

Same

(1.2) Subsection 25 (4) does not apply in the case of an agreement under this section.

Liquor Licence Act

70. (1) Subsection 55 (1) of the Liquor Licence Act is repealed and the following substituted:

Voting day

(1) Subject to subsection (2), the day fixed for taking a vote on any question under section 53 or 54 shall be voting day in the next regular election under the Municipal Elections Act, 1996, unless the council, with the approval of the Board, fixes another day and notifies the clerk of the municipality.

(2) The English version of subsection 55 (2) of the Act is amended by striking out "poll" in the first line and substituting "vote".

Local Government Disclosure of Interest Act, 1994

71. Clause 5 (2) (b) of the Local Government Disclosure of Interest Act, 1994 is repealed and the following substituted:

(b) a contribution that is permitted under the Municipal Elections Act, 1996.

London-Middlesex Act, 1992

72. (1) Subsections 6 (1), (2) and (3) of the London-Middlesex Act, 1992 are repealed.

(2) Section 7 of the Act is repealed.

(3) Section 8 of the Act is repealed and the following substituted:

Notice of inquiry by Minister

8. (1) If the Minister is inquiring into the structure, organization and methods of operation of the City, the Minister may give the Municipal Board a written notice of the inquiry.

Stay of proceeding before Municipal Board

(2) When the Municipal Board receives the Minister's notice, the following are stayed until the Minister notifies the Municipal Board that they may be continued:

1. An appeal of a by-law passed by the City under section 13 of the Municipal Act.

2. A petition under section 13.2 of that Act relating to the City.

Municipal Freedom of Information and Protection of Privacy Act

73. Paragraph 1 of subsection 53 (2) of the Municipal Freedom of Information and Protection of Privacy Act is repealed and the following substituted:

1. Subsection 88 (6) of the Municipal Elections Act, 1996.

Municipality of Metropolitan Toronto Act

74. (1) Subsections 4 (1), (2), (3), (4) and (5) of the Municipality of Metropolitan Toronto Act are repealed.

(2) Section 5 of the Act is repealed and the following substituted:

By-law re wards

5. (1) Metropolitan Council may pass a by-law dividing or redividing the Metropolitan Area into wards.

Public notice and meeting

(2) Before passing a by-law under subsection (1), the council shall give notice of its intention to pass the by-law and hold at least one public meeting to consider the matter.

Criteria

(3) Metropolitan Council shall have regard to the prescribed criteria for establishing ward boundaries.

Same

(4) The Minister may, by regulation, establish criteria for the purpose of subsection (3).

Effective date

(5) A by-law passed under this section or an order made under this or any other Act dividing the Metropolitan Area into wards that is made after January 1 in the year of a regular election under the Municipal Elections Act, 1996 does not come into force until after the next regular election under that Act.

Transition, 1997 regular election

(6) Despite subsection (5), for the purposes of the 1997 regular election under the Municipal Elections Act, 1996, a by-law passed under this section on or before March 31, 1997 comes into force for the 1997 regular election.

Conflict

(7) If there is a conflict between this section and any provision dealing with municipal wards that is contained in a public or private Act, this section prevails.

Existing proceedings continued

(8) An application or other proceeding to divide or redivide wards commenced before the coming into force of subsection 74 (2) of the Better Local Government Act, 1996 shall be continued and finally disposed of under this Act as it read on the day before the coming into force of that subsection.

Existing wards continued

(9) Until a by-law passed under this section comes into force, the wards existing on the day before the coming into force of subsection 74 (2) of the Better Local Government Act, 1996 are unaffected.

Appeals

(10) Section 13.1 of the Municipal Act applies, with necessary modifications, to a by-law passed under subsection (1).

Petitions

(11) Section 13.2 of the Municipal Act applies to the Metropolitan Area as if it were a local municipality, except that the Municipal Board may not make an order dissolving the existing wards.

(3) Section 9 of the Act, as amended by the Statutes of Ontario, 1991, chapter 15, section 14, is further amended by adding the following subsections:

Quorum if size and composition changed

(3) Despite the quorum rule in subsection (1), if a by-law passed by the Metropolitan Council under section 27 of the Municipal Act is in force, a majority of the members are necessary to form a quorum.

By-law re quorum

(4) Despite subsection (3), the Metropolitan Council may, by by-law, adopt a different quorum provision that requires the attendance of at least a majority of its members.

(4) Subsection 11 (9) of the Act is amended by striking out "the 31st day of March of an election year, as defined in the Municipal Elections Act" in the second and third lines and substituting "March 31 in the year of a regular election under the Municipal Elections Act, 1996".

(5) Clause 11 (9) (b) of the Act is amended by striking out "section 108 of the Municipal Elections Act" and substituting "section 65 of the Municipal Elections Act, 1996".

(6) Subsection 11 (10) of the Act is amended by striking out "the 31st day of March of an election year, as defined in the Municipal Elections Act" and substituting "March 31 in the year of a regular election under the Municipal Elections Act, 1996".

(7) Subsection 42 (3) of the Act is repealed and the following substituted:

Investments and income

(3) The money forming part of a reserve fund established under subsection (1) shall be paid into a special account, and may beinvested only in securities in which the Metropolitan Corporation is permitted to invest under section 167 of the Municipal Act.

Same

(3.1) The earnings derived from investment of the reserve fund form part of it.

Transition

(8) During the year that begins on the effective date and ends on the first anniversary of the effective date,

(a) subsection 42 (3) of the Act, as it read on the day before the effective date, continues to apply to investments made before the effective date; and

(b) money in a reserve fund may also be invested in securities in which the Metropolitan Corporation is permitted to invest under section 167 of the Municipal Act.

Same

(9) An investment referred to in clause (8) (a) shall not be continued after the first anniversary of the effective date unless it is a permitted investment under section 167 of the Municipal Act.

Effective date

(10) For the purposes of subsections (8) and (9), the effective date is the day subsection (7) comes into force.

(11) Section 78 of the Act is amended by adding the following subsections:

Reasonable state of repair

(2) The Metropolitan Corporation shall keep every road included in the metropolitan road system in a state of repair that is reasonable in light of all the circumstances, including the road's character and location.

Defence

(3) The Metropolitan Corporation is not liable under subsection (2) for failing to keep a road in a reasonable state of repair if it did not know and could not reasonably have been expected to know about the road's state of repair.

Same

(4) The Metropolitan Corporation is not liable under subsection (2) for failing to keep a road in a reasonable state of repair if it took reasonable steps to prevent the default from arising.

Same

(5) The Metropolitan Corporation is not liable under subsection (2) for failing to keep a road in a reasonable state of repair if, at the time the cause of action arises,

(a) minimum standards established under subsection 284 (1.5) of the Municipal Act apply,

(i) to the road, and

(ii) to the alleged default; and

(b) those standards have been met.

(12) Subsection 112 (1) of the Act is amended by striking out "Subject to the approval of the Municipal Board" in the first and second lines.

(13) Section 162 of the Act is amended by adding the following subsection:

Restriction

(5) No board of education shall make any commitment in connection with a permanent improvement to be financed under this section until,

(a) the School Board has approved the cost of the permanent improvement; and

(b) the treasurer of the Metropolitan Corporation has certified that funds can be provided to pay for it.

(14) Section 163 of the Act, as amended by the Statutes of Ontario, 1993, chapter 23, section 69, is repealed and the following substituted:

School Board debentures

163. (1) Despite subsection 162 (5), if the Metropolitan Corporation disapproves an application under section 162 or 164, the School Board may, subject to subsection (2), borrow money and raise the sums required by issuing debentures in the manner prescribed for the issue of municipal debentures under the Municipal Act.

O.M.B. approval

(2) If the amount to be borrowed exceeds the limit prescribed under subsection 235.3 (1) of the Education Act, the approval of the Municipal Board is required.

Duties and powers

(3) For the purposes of this section, the School Board, its chair and its treasurer have the same duties and powers inconnection with the issuing of debentures and the use of money from the sale and hypothecation of debentures as the Municipal Act imposes and confers on a municipality, its head of council and its treasurer respectively.

Application of Education Act, subs. 235 (2)

(4) For the purposes of this section, subsection 235 (2) of the Education Act applies to the School Board, with necessary modifications.

Application of certain provisions of Municipal Act

(5) For the purposes of this section, section 123 of the Municipal Act, except subsections (1), (2), (10), (11) and (14), applies to the School Board, with necessary modifications.

(15) Section 164 of the Act, as amended by the Statutes of Ontario, 1993, chapter 23, section 69, is repealed and the following substituted:

Application for issue and sale of debentures

164. (1) The School Board may apply to the Metropolitan Council for the issue and sale of debentures by the Metropolitan Corporation for the purpose of financing permanent improvements to be undertaken by the School Board or a board of education.

Same

(2) The application shall not specify particular sites or projects.

Restriction

(3) No board of education shall make any commitment in connection with a permanent improvement to be financed under subsection (1) until,

(a) the School Board has approved the cost of the permanent improvement; and

(b) the treasurer of the Metropolitan Corporation has certified that funds can be provided to pay for it.

Definition

(4) In this section,

"permanent improvement" means,

(a) a permanent improvement as defined in subsection 1 (1) of the Education Act, or

(b) a renovation that is deemed to be a permanent improvement under subsection 162 (4).

(16) Section 178 of the Act is repealed and the following substituted:

Notice of inquiry by Minister

178. (1) If the Minister is inquiring into the structure, organization and methods of operation of one or more area municipalities or of the Metropolitan Corporation, the Minister may give the Municipal Board a written notice of the inquiry.

Stay of proceeding before Municipal Board

(2) When the Municipal Board receives the Minister's notice, the following are stayed until the Minister notifies the Municipal Board that they may be continued:

1. An appeal of a by-law of an area municipality passed under section 13 of the Municipal Act.

2. An appeal of a by-law of the Metropolitan Council passed under subsection 5 (1) of this Act.

3. A petition under section 13.2 of the Municipal Act relating to an area municipality or to the Metropolitan Area.

(17) Subsections 242 (1) and (2) of the Act are repealed.

(18) Subsection 242 (4) of the Act, as enacted by the Statutes of Ontario, 1992, chapter 15, section 43, is repealed and the following substituted:

Investment of money

(4) Sections 167.1 and 167.3 of the Municipal Act apply to the Metropolitan Council with necessary modifications.

(19) Subsection 246 (2) of the Act is repealed and the following substituted:

Investments and income

(2) The money raised for a reserve fund shall be paid into a special account, and may be invested only in securities in which the Metropolitan Corporation is permitted to invest under section 167 of the Municipal Act.

Same

(2.1) The earnings derived from investment of the reserve fund form part of it.

Transition

(20) During the year that begins on the effective date and ends on the first anniversary of the effective date,

(a) subsection 246 (2) of the Act, as it read on the day before the effective date, continues to apply to investments made before the effective date; and

(b) money in a reserve fund may also be invested in securities in which the Metropolitan Corporation is permitted to invest under section 167 of the Municipal Act.

Same

(21) An investment referred to in clause (20) (a) shall not be continued after the first anniversary of the effective date unless it is a permitted investment under section 167 of the Municipal Act.

Effective date

(22) For the purposes of subsections (20) and (21), the effective date is the day subsection (19) comes into force.

(23) Subsection 247 (7) of the Act is repealed and the following substituted:

Same

(7) The signature of the chair or any other person authorized to sign promissory notes or bankers' acceptances may be printed, engraved, lithographed or otherwise mechanically reproduced.

(24) Subsection 248 (1) of the Act is repealed and the following substituted:

Debt

(1) The Metropolitan Corporation may borrow money or incur a debt for municipal purposes and may issue debentures for the money borrowed or for the debt.

Municipal purposes

(1.1) In subsection (1),

"municipal purposes" means all the following purposes, under this or any other Act:

1. The purposes of the Metropolitan Corporation.

2. The purposes of an area municipality.

3. The joint purposes of two or more area municipalities.

Limitations

(1.2) Subsection (1) is subject to the limitations in this or any other Act.

(25) Subsection 248 (2) of the Act is amended by striking out "with the approval of the Municipal Board" in the seventh and eighth lines".

(26) Section 249 of the Act, as amended by the Statutes of Ontario, 1992, chapter 15, section 45, is repealed and the following substituted:

Concurrence of specified number of members of area council

249. If, under any general or special Act, an area municipality cannot incur a debt or issue debentures for a particular purpose without the concurrence of a specified number of the members of its council, the Metropolitan Council shall not pass a by-law authorizing the issue of debentures on behalf of the area municipality for that purpose unless that concurrence has been obtained to the passing of the Metropolitan by-law.

(27) Subsection 250 (1) of the Act, as amended by the Statutes of Ontario, 1992, chapter 15, section 46, is further amended by striking out "or board of education" in the seventh line.

(28) Subsection 251 (2) of the Act, as amended by the Statutes of Ontario, 1992, chapter 15, section 47, is further amended by striking out "or a board of education" in the fifth line and striking out "or board of education" in the eighth line, in the twelfth line and in the last line.

(29) Subsection 251 (4) of the Act is amended by striking out "or board of education" in the tenth line and in the second-last and last lines.

(30) Subsection 251 (6) of the Act is repealed and the following substituted:

Signatures

(6) The signature of the chair or any other person authorized to sign loan agreements may be printed, engraved, lithographed or otherwise mechanically reproduced.

(31) Subsection 252 (1) of the Act is amended by striking out "annually or semi-annually upon the balances from time to time remaining unpaid, but" in the fifth and sixth lines and substituting "payable in one or more instalments in each year, and".

(32) Subsection 252 (2) of the Act is amended by striking out "annually or semi-annually" in the fourth line and substituting "in one or more instalments in each year".

(33) Subsections 252 (9), (10), (11), (12), (13) and (14) of the Act are repealed and the following substituted:

Dating and issuing of debentures

(9) A by-law for the issuing of debentures may provide for issuing them,

(a) on any date specified in the by-law; or

(b) in sets in the amounts and on the dates required.

Same

(10) Subject to subsection (11), debentures may bear any date or dates specified in the issuing by-law, including a date before the by-law is passed if the by-law provides for the first levy being made in the year in which the debentures are dated or in the next year.

Same

(11) Every debenture in a set or issue of debentures shall bear the same date.

Extension of time for issue

(12) The Metropolitan Council may by by-law extend the date for an issue of debentures or sets of them.

Effective date of by-law

(13) A by-law passed under this section comes into force on the day it is passed, unless a later date is specified in the by-law.

(34) Subsection 252 (20) of the Act, as re-enacted by the Statutes of Ontario, 1992, chapter 15, section 49, subsection 252 (21) of the Act and subsection 252 (22) of the Act, as amended by the Statutes of Ontario, 1992, chapter 15, section 49, are repealed.

(35) Subsection 252 (23) of the Act is repealed and the following substituted:

Principal levies

(23) When sinking fund debentures are issued, the amount of principal to be raised in each year shall be a specific amount that, with the estimated interest at a rate not exceeding 8 per cent per year, compounded annually, will be sufficient to pay the principal of the debentures at maturity.

(36) Subsections 252 (33), (34) and (35) of the Act are repealed and the following substituted:

Same

(33) The money in the consolidated bank accounts shall be invested in securities in which the Metropolitan Corporation is permitted to invest under section 167 of the Municipal Act.

Transition

(37) During the year that begins on the effective date and ends on the first anniversary of the effective date,

(a) subsection 252 (33) of the Act, as it read on the day before the effective date, continues to apply to investments made before the effective date; and

(b) money in the accounts may also be invested in securities in which the Metropolitan Corporation is permitted to invest under section 167 of the Municipal Act.

Same

(38) An investment referred to in clause (37) (a) shall not be continued after the first anniversary of the effective date unless it is a permitted investment under section 167 of the Municipal Act.

Effective date

(39) For the purposes of subsections (37) and (38), the effective date is the day subsection (36) comes into force.

(40) Subsection 252 (37) of the Act is amended by striking out "capitalized" in the second and third lines of clause (a) and in the second and third lines of clause (b) and substituting "compounded" in both cases.

(41) Subsection 252 (41) of the Act is repealed and the following substituted:

Where sinking fund account more than sufficient to pay debt

(41) Despite this or any other Act or by-law, if it appears at any time that the amount at the credit of a sinking fund account will, together with the estimated earnings to be credited to it under subsection (37) and the levy required by the by-law or by-laws that authorized the issue of the debentures represented by the sinking fund account, be more than sufficient to pay the principal of the debt when it matures, the Metropolitan Council or the council of an area municipality may reduce the amount of money to be raised with respect to the debt.

(42) Subsection 252 (43) of the Act is repealed and the following substituted:

Surplus

(43) When there is a surplus in a sinking fund account, the sinking fund committee may, with the approval of the Metropolitan Council,

(a) use the surplus to increase the amount at the credit of another sinking fund account; or

(b) authorize the withdrawal of the surplus from the consolidated bank accounts, to be used for one or more of the purposes described in subsection (43.1).

Purposes

(43.1) The purposes referred to in clause (43) (b) are:

1. Retirement of unmatured debentures of the Metropolitan Corporation or of an area municipality.

2. Reduction of the next annual levy on account of principal and interest payable with respect to debentures of the Metropolitan Corporation or of an area municipality.

3. Reduction of the amount of debentures to be issued for capital expenditures for which the issue of debentures has been approved.

4. Transfer to the general funds of the Metropolitan Corporation or of an area municipality.

Proportion

(43.2) The surplus shall be used under clause (43) (a) or (b) for the purposes of the Metropolitan Corporation or an area municipality in the proportion that the amount of the contribution for the purposes of each bears to the total contributions to the sinking fund account in which the surplus arose.

(43) Subsection 252 (44) of the Act is amended by striking out "or of a board of education" in the third and fourth lines.

(44) Subsection 254 (2) of the Act is repealed and the following substituted:

Effective date

(2) The repealing by-law shall recite the facts on which it is founded, shall provide that it comes into force on December 31 in the year of its passing, and shall not affect any rates or levies due or penalties incurred before that day.

(45) Subsection 257 (6) of the Act is amended by striking out "a by-law passed without the assent of the electors of an area municipality as required by subsection 249 (2) or" in the first, second, third and fourth lines.

(46) Section 258 of the Act, as amended by the Statutes of Ontario, 1992, chapter 15, section 50, is repealed and the following substituted:

Execution

258. (1) A debenture shall bear,

(a) the seal of the Metropolitan Corporation; and

(b) the signatures of,

(i) the chair, or another person authorized to sign by a by-law of the Metropolitan Corporation, and

(ii) the treasurer.

To whom payable

(2) A debenture may be made payable to bearer or to a named person or bearer.

Full amount recoverable

(3) The full amount of a debenture is recoverable even if it was negotiated at a discount by the Metropolitan Corporation.

Mechanical reproduction of seal and signatures

(4) The seal and signatures referred to in this section may be printed, lithographed, engraved or otherwise mechanically reproduced.

Signature

(5) A debenture is sufficiently signed if,

(a) it bears the required signatures; and

(b) each person signing has authority to do so on the date he or she signs.

Interest coupons

(6) Interest coupons, each bearing the treasurer's signature, may be attached to a debenture.

Applications of subss. (4) and (5)

(7) Subsections (4) and (5) also apply to the execution of interest coupons.

(47) Subsection 262 (4) of the Act, as amended by the Statutes of Ontario, 1992, chapter 15, section 53, is repealed and the following substituted:

Duty of treasurer

(4) When a debenture is surrendered for exchange under subsection (2), the treasurer of the Metropolitan Corporation shall,

(a) cancel and destroy it;

(b) certify the cancellation and destruction in the debenture registry; and

(c) enter in the debenture registry particulars of the new debenture or debentures issued in exchange.

(48) Subsection 263 (2) of the Act is amended by striking out "an area municipality or a board of education" in the second-last and last lines and substituting "or an area municipality".

(49) Clause 263 (3) (c) of the Act, as amended by the Statutes of Ontario, 1992, chapter 15, section 54, is further amended by striking out "other capital expenditures of a similar nature for which the issue of debentures has been approved by the Metropolitan Corporation" in the second, third, fourth and fifth lines and substituting "capital expenditures for which the issue of debentures has been approved by the Metropolitan Corporation".

(50) Subsection 263 (4) of the Act is amended by striking out "approved by the Municipal Board" in the third-last and second-last lines.

(51) Section 264 of the Act is amended by striking out "with the approval of the Municipal Board" in the seventh and eighth lines and by striking out "other" in the tenth line.

(52) Section 269 of the Act is amended by striking out "with the approval of the Municipal Board" in the seventh and eighth lines.

(53) Clause 269 (a) of the Act is amended by striking out "and apply the proceeds thereof, as may be directed by the Municipal Board" in the fifth, sixth and seventh lines and substituting "and apply the proceeds".

(54) Section 278 of the Act is repealed.

The Municipality of Neebing Act, 1968-69

75. The Municipality of Neebing Act, 1968-69 is repealed.

The Municipality of Shuniah Act, 1968-69

76. Section 2 of The Municipality of Shuniah Act, 1968-69 is repealed.

Ontario Municipal Board Act

77. (1) Section 65 of the Ontario Municipal Board Act, as amended by the Statutes of Ontario, 1992, chapter 15, section 90, and 1993, chapter 23, section 70, is repealed and the following substituted:

Limitation re undertaking debt

65. (1) Despite any general or special Act, a municipality or board to which this subsection applies shall not authorize, exercise any of its powers to proceed with or provide money for any work or class of work if the cost or any portion of the cost of the work is to be or may be raised after the term for which the council or board was elected.

Application of subsection (1)

(2) Subsection (1) applies to,

(a) a county, a metropolitan, regional or district municipality, the County of Oxford and a city, town, village or township;

(b) a school board;

(c) a local board not mentioned in clause (b) that is entitled to apply to the council of a municipality mentioned in clause (a) to have money provided by the issue of debentures of the municipality.

Matters not requiring Board approval

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

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

(b) a bylaw of a municipality containing a provision to the effect that it shall not come into force until the approval of the Board has been obtained;

(c) the appointment of an engineer, land surveyor or commissioner under the Drainage Act;

(d) anything done by a municipality as defined in section 147 of the Municipal Act that does not cause it to exceed the limit prescribed under clause 147 (4) (b) of that Act;

(e) anything done by a school board that does not cause it to exceed the limit prescribed under clause 235.3 (1) (b) of the Education Act;

(f) the borrowing of money by a school board for the purpose of a permanent improvement as defined in subsection 1 (1) of the Education Act, and to the issue of debentures by the school board to secure the repayment of money borrowed for the purpose, if the Minister of Education and Training agrees to pay to the school board the amounts required to meet the principal and interest payments on the loan or the debentures;

(g) a by-law or resolution of a local board mentioned in clause (2) (c) containing a provision to the effect that it shall not come into force until the approval of the municipality has been obtained.

Approval of Board

(4) The approval of the Board mentioned in clause (3) (a) means and, despite the decision of any court, shall be deemed always to have meant the approval of the work mentioned in subsection (1).

Definitions

(5) In this section,

"school board" means,

(a) a public board as defined in section 1 of the Education Act,

(b) a board of education as defined in section 1 of that Act,

(c) a district school area board within the meaning of section 59 of that Act,

(d) a board established under section 68 of that Act, and

(e) The Metropolitan Toronto School Board; ("conseil scolaire")

"work" includes any undertaking, project, scheme, act, matter or thing. ("travaux")

(2) Section 66 of the Act is repealed.

Public Libraries Act

78. (1) Subsection 25 (1) of the Public Libraries Act is amended by striking out "subject to the approval of the Ontario Municipal Board" in the first and second lines.

(2) Subsection 25 (4) of the Act is amended by striking out "and the Ontario Municipal Board approves it" in the third and fourth lines.

(3) Subsection 26 (2) of the Act is amended by striking out "subject to the approval of the Ontario Municipal Board" in the fourth and fifth lines.

Public Transportation and Highway Improvement Act

79. (1) The heading to Part XV of the Public Transportation and Highway Improvement Act is repealed and the following substituted:

PART XV

COMMUNITY AND PUBLIC TRANSPORTATION

(2) Subsection 93 (1) of the Act is amended by adding the following definitions:

"community transportation" means all services and related facilities and equipment, including public transportation, used to transport, or to facilitate, co-ordinate or otherwise provide for the transportation of, individuals within, to or from a municipality, but it does not include,

(a) services provided by an aircraft, an ambulance service that is licensed under the Ambulance Act, a fire department vehicle as defined in the Highway Traffic Act, a motorized snow vehicle, a non-motorized vehicle, an off-road vehicle as defined in the Off-Road Vehicles Act or a vehicle used in the lawful performance of his or her duties by a peace officer or other officer responsible for enforcing a statute,

(b) a vehicle used for agricultural, construction or road-building purposes, or

(c) a vehicle used solely for the transportation of goods; ("transport communautaire")

"local board" means a local board as defined in section 1 of the Municipal Affairs Act and any other body performing a public function that is prescribed by regulation, but it does not include the Toronto Area Transit Operating Authority. ("conseil local")

(3) The definition of "municipality" in subsection 93 (1) of the Act is repealed and the following substituted:

"municipality" includes a county, local, district, metropolitan or regional municipality and the County of Oxford. ("municipalité")

(4) Section 93 of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 139 and 1996, chapter 1, Schedule M, section 62, is further amended by adding the following subsections:

Toronto Area Transit Operating Authority

(1.1) Services operated by or under an agreement with the Toronto Area Transit Operating Authority are public transportation but are not community transportation.

Regulations

(1.2) The Minister may by regulation provide that a body that performs a public function is a local board for the purposes of this Part.

(5) Subsection 93 (8) of the Act is repealed and the following substituted:

Power to spend money not limited

(8) This section does not limit the power of a municipality, local board, individual, corporation, firm or unincorporated association to spend on community transportation the money raised by them for that purpose.

(6) Section 94 of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 139 and 1996, chapter 1, section 1 and Schedule M, section 64, is further amended by adding the following subsections:

Same, community transportation

(4) The Minister may enter into an agreement with a municipality, local board, individual, corporation, firm or unincorporated association to provide, facilitate, co-ordinate or restructure community transportation, including any experimental or demonstration projects related to community transportation.

Same, community transportation

(5) A municipality or local board may enter into an agreement with each other or with another municipality or local board or with an individual, corporation, firm or unincorporated association to provide, facilitate, co-ordinate or restructure community transportation, including any experimental or demonstration projects related to community transportation.

Public Utilities Act

80. (1) Subsection 37 (3) of the Public Utilities Act is amended by striking out "with the approval of the Ontario Municipal Board" in the seventh and eighth lines.

(2) Subsection 37 (4) of the Act is repealed.

(3) Subsection 37 (5) of the Act is amended by striking out "and on such application the Board may direct that the assent of the electors qualified to vote on money by-laws shall first be obtained in the manner aforesaid" in the last four lines.

(4) Subsection 37 (7) of the Act is repealed.

(5) Subsection 38 (5) of the Act is repealed.

(6) Section 41 of the Act is amended by adding the following subsection:

Limitation

(1.1) Subsection (1) does not confer on a commission the powers, rights, authorities and privileges conferred on a corporation by section 210.1 of the Municipal Act.

Regional Municipalities Act

81. (1) Subsection 27 (1) of the Regional Municipalities Act is repealed and the following substituted:

Road maintenance

(1) The Regional Corporation shall keep every road included in the regional road system in a state of repair that is reasonable in light of all the circumstances, including the road's character and location.

Defence

(1.1) The Regional Corporation is not liable under subsection (1) for failing to keep a road in a reasonable state of repair if it did not know and could not reasonably have been expected to know about the road's state of repair.

Same

(1.2) The Regional Corporation is not liable under subsection (1) for failing to keep a road in a reasonable state of repair if it took reasonable steps to prevent the default from arising.

Same

(1.3) The Regional Corporation is not liable under subsection (1) for failing to keep a road in a reasonable state of repair if, at the time the cause of action arises,

(a) minimum standards established under subsection 284 (1.5) of the Municipal Act apply,

(i) to the road, and

(ii) to the alleged default; and

(b) those standards have been met.

(2) Subsection 62 (3) of the Act is repealed and the following substituted:

Investments and income

(3) The money forming part of a reserve fund established under subsection (1) shall be paid into a special account, and may be invested only in securities in which the Regional Corporation is permitted to invest under section 167 of the Municipal Act.

Same

(3.1) The earnings derived from investment of the reserve fund form part of it.

Transition

(3) During the year that begins on the effective date and ends on the first anniversary of the effective date,

(a) subsection 62 (3) of the Act, as it read on the day before the effective date, continues to apply to investments made before the effective date; and

(b) money in a reserve fund may also be invested in securities in which the Regional Corporation is permitted to invest under section 167 of the Municipal Act.

Same

(4) An investment referred to in clause (3) (a) shall not be continued after the first anniversary of the effective date unless it is a permitted investment under section 167 of the Municipal Act.

Effective date

(5) For the purposes of subsections (3) and (4), the effective date is the day subsection (2) comes into force.

(6) Subsection 109 (2) of the Act is repealed and the following substituted:

Investments and income

(2) The money raised for a reserve fund shall be paid into a special account, and may be invested only in securities in which the Regional Corporation is permitted to invest under section 167 of the Municipal Act.

Same

(2.1) The earnings derived from investment of the reserve fund form part of it.

Transition

(7) During the year that begins on the effective date and ends on the first anniversary of the effective date,

(a) subsection 109 (2) of the Act, as it read on the day before the effective date, continues to apply to investments made before the effective date; and

(b) money in a reserve fund may also be invested in securities in which the Regional Corporation is permitted to invest under section 167 of the Municipal Act.

Same

(8) An investment referred to in clause (7) (a) shall not be continued after the first anniversary of the effective date unless it is a permitted investment under section 167 of the Municipal Act.

Effective date

(9) For the purposes of subsections (7) and (8), the effective date is the day subsection (6) comes into force.

(10) Subsection 110 (6) of the Act is repealed and the following substituted:

Same

(6) The signature of the chair or any other person authorized to sign promissory notes or banker's acceptances may be printed, engraved, lithographed or otherwise mechanically reproduced.

(11) Subsection 111 (1) of the Act is repealed and the following substituted:

Debt

(1) The Regional Council may borrow money or incur a debt for municipal purposes and may issue debentures for the money borrowed or for the debt.

Municipal purposes

(1.1) In subsection (1),

"municipal purposes" means all the following purposes, under this or any other Act:

1. The purposes of the Regional Corporation.

2. The purposes of an area municipality.

3. The joint purposes of two or more area municipalities.

Limitations

(1.2) Subsection (1) is subject to the limitations in this or any other Act.

(12) Subsection 112 (1) of the Act and subsection 112 (2) of the Act, as re-enacted by the Statutes of Ontario, 1992, chapter 15, section 75, are repealed.

(13) Subsection 112 (3) of the Act, as enacted by the Statutes of Ontario, 1992, chapter 15, section 75, is repealed and the following substituted:

Investment of money

(3) Sections 167.1 and 167.3 of the Municipal Act apply to the Regional Corporation with necessary modifications.

(14) Section 113 of the Act is repealed and the following substituted:

Concurrence of specified number of members of area council

113. If, under any general or special Act, an area municipality cannot incur a debt or issue debentures for a particular purpose without the concurrence of a specified number of the members of its council, the Regional Council shall not pass a by-law authorizing the issue of debentures on behalf of the area municipality for that purpose unless that concurrence has been obtained to the passing of the Regional by-law.

(15) Subsection 114 (6) of the Act is repealed and the following substituted:

Signatures

(6) The signature of the chair or any other person authorized to sign loan agreements may be printed, engraved, lithographed or otherwise mechanically reproduced.

(16) Subsection 116 (1) of the Act is amended by striking out "interest annually or semi-annually upon the balance from time to time remaining unpaid, but" in the fourth, fifth and sixth lines and substituting "interest payable in one or more instalments in each year, and".

(17) Subsection 116 (2) of the Act is amended by striking out "annually or semi-annually" in the fourth line and substituting "in one or more instalments in each year".

(18) Clause 116 (7) (b) of the Act, as amended by the Statutes of Ontario, 1992, chapter 15, section 77, is repealed and the following substituted:

(b) authorize the issue of debentures to refund at maturity outstanding debentures of the municipality, but the refunding debentures shall be payable within the maximum period of years that was authorized by the Regional Council for the repayment of the debt for which debentures were issued, commencing on the date the original debentures were issued.

(19) Subsections 116 (12), (13), (14), (15), (16) and (17) of the Act are repealed and the following substituted:

Dating and issuing of debentures

(12) A by-law for the issuing of debentures may provide for issuing them,

(a) on any date specified in the by-law; or

(b) in sets in the amounts and on the dates required.

Same

(13) Subject to subsection (14), debentures may bear any date or dates specified in the issuing by-law, including a date before the by-law is passed if the by-law provides for the first levy being made in the year in which the debentures are dated or in the next year.

Same

(14) Every debenture in a set or issue of debentures shall bear the same date.

Extension of time for issue

(15) The Regional Council may by by-law extend the date for an issue of debentures or sets of them.

Effective date of by-law

(16) A by-law passed under this section comes into force on the day it is passed, unless a later date is specified in the by-law.

(20) Subsection 116 (21) of the Act, as re-enacted by the Statutes of Ontario, 1992, chapter 15, section 77, subsection 116 (22) of the Act and subsection 116 (23) of the Act, as amended by the Statutes of Ontario, 1992, chapter 15, section 77, are repealed.

(21) Subsection 116 (24) of the Act is repealed and the following substituted:

Principal levies

(24) When sinking fund debentures are issued, the amount of principal to be raised in each year shall be a specific amount that, with the estimated interest at a rate not exceeding 8 per cent per year, compounded annually, will be sufficient to pay the principal of the debentures at maturity.

(22) Subsections 116 (34), (35) and (36) of the Act are repealed and the following substituted:

Same

(34) The money in the consolidated bank accounts shall be invested in securities in which the Regional Corporation is permitted to invest under section 167 of the Municipal Act.

Transition

(23) During the year that begins on the effective date and ends on the first anniversary of the effective date,

(a) subsection 116 (34) of the Act, as it read on the day before the effective date, continues to apply to investments made before the effective date; and

(b) money in a reserve fund may also be invested in securities in which the Regional Corporation is permitted to invest under section 167 of the Municipal Act.

Same

(24) An investment referred to in clause (23) (a) shall not be continued after the first anniversary of the effective date unless it is a permitted investment under section 167 of the Municipal Act.

Effective date

(25) For the purposes of subsections (23) and (24), the effective date is the day subsection (22) comes into force.

(26) Subsection 116 (38) of the Act is amended by striking out "capitalized" in the second and third lines of clause (a) and the second and third lines of clause (b) and substituting "compounded" in both cases.

(27) Subsection 116 (42) of the Act is repealed and the following substituted:

Where sinking fund account more than sufficient to pay debt

(42) Despite this or any other Act or by-law, if it appears at any time that the amount at the credit of a sinking fund accountwill, together with the estimated earnings to be credited to it under subsection (37) and the levy required by the by-law or by-laws that authorized the issue of the debentures represented by the sinking fund account, be more than sufficient to pay the principal of the debt when it matures, the Regional Council or the council of an area municipality may reduce the amount of money to be raised with respect to the debt.

(28) Subsection 116 (44) of the Act, as amended by the Statutes of Ontario, 1992, chapter 15, section 77, is repealed and the following substituted:

Surplus

(44) When there is a surplus in a sinking fund account, the sinking fund committee may, with the approval of the Regional Council,

(a) use the surplus to increase the amount at the credit of another sinking fund account; or

(b) authorize the withdrawal of the surplus from the consolidated bank accounts, to be used for one or more of the purposes described in subsection (44.1).

Purposes

(44.1) The purposes referred to in clause (44) (b) are:

1. Retirement of unmatured debentures of the Regional Corporation or of an area municipality.

2. Reduction of the next annual levy on account of principal and interest payable with respect to debentures of the Regional Corporation or of an area municipality.

3. Reduction of the amount of debentures to be issued for capital expenditures for which the issue of debentures has been approved.

4. Transfer to the general funds of the Regional Corporation or of an area municipality.

Proportion

(44.2) The surplus shall be used under clause (44) (a) or (b) for the purposes of the Regional Corporation or an area municipality in the proportion that the amount of the contribution for the purposes of each bears to the total contributions to the sinking fund account in which the surplus arose.

(29) Subsection 116 (47) of the Act, as amended by the Statutes of Ontario, 1992, chapter 15, section 77, is furtheramended by striking out "annually or semi-annually" in the fourth line and substituting "in one or more instalments in each year".

(30) Subsection 116 (50) of the Act is amended by striking out "proportionately" in the fourth line and substituting "equally".

(31) Subsection 120 (2) of the Act is repealed and the following substituted:

Effective date

(2) The repealing by-law shall recite the facts on which it is founded, shall provide that it comes into force on December 31 in the year of its passing, and shall not affect any rates or levies due or penalties incurred before that day.

(32) Subsection 123 (6) of the Act is amended by striking out "a by-law passed without the assent of the electors of an area municipality as required by subsection 113 (1) or" in the first, second, third and fourth lines.

(33) Section 124 of the Act, as amended by the Statutes of Ontario, 1992, chapter 15, section 79, is repealed and the following substituted:

Execution

124. (1) A debenture shall bear,

(a) the seal of the Regional Corporation; and

(b) the signatures of,

(i) the chair, or another person authorized to sign by a by-law of the Regional Council, and

(ii) the treasurer.

To whom payable

(2) A debenture may be made payable to bearer or to a named person or bearer.

Full amount recoverable

(3) The full amount of a debenture is recoverable even if it was negotiated at a discount by the Regional Corporation.

Mechanical reproduction of seal and signatures

(4) The seal and signatures referred to in this section may be printed, lithographed, engraved or otherwise mechanically reproduced.

Signature

(5) A debenture is sufficiently signed if,

(a) it bears the required signatures; and

(b) each person signing has authority to do so on the date he or she signs.

Interest coupons

(6) Interest coupons, each bearing the treasurer's signature, may be attached to a debenture.

Applications of subss. (4) and (5)

(7) Subsections (4) and (5) also apply to the execution of interest coupons.

(34) Subsection 128 (4) of the Act, as amended by the Statutes of Ontario, 1992, chapter 15, section 82, is repealed and the following substituted:

Duty of treasurer

(4) When a debenture is surrendered for exchange under subsection (2), the treasurer of the Regional Corporation shall,

(a) cancel and destroy it;

(b) certify the cancellation and destruction in the debenture registry; and

(c) enter in the debenture registry particulars of the new debenture or debentures issued in exchange.

(35) Clause 129 (3) (c) of the Act is amended by striking out "other capital expenditures of a similar nature for which the issue of debentures has been approved by the Municipal Board" and substituting "capital expenditures for which the issue of debentures has been approved by the Regional Corporation".

(36) Subsection 129 (4) of the Act is amended by striking out "approved by the Municipal Board" in the third-last and second-last lines.

(37) Section 130 of the Act is amended by striking out "with the approval of the Municipal Board" in the seventh and eighth lines and striking out "other" in the tenth line.

(38) Section 135 of the Act is amended by striking out "with the approval of the Municipal Board" in the eighth and ninth lines.

(39) Clause 135 (a) of the Act is amended by striking out "and apply the proceeds thereof, as may be directed by the Municipal Board" in the fourth, fifth and sixth lines and substituting "and apply the proceeds".

(40) Section 135.3 of the Act, as enacted by the Statutes of Ontario, 1992, chapter 15, section 83, is amended by adding the following subsection:

Postponement of 1997 update to 1998

(6.1) The direction that would otherwise be required under subsection (6) for 1997 shall be made in 1998.

(41) Clause (b) of subsection 136 (2) of the Act is amended by inserting "and" after "subsection 96(1)", and by striking out "and paragraph 10 of section 207".

(42) Section 139 of the Act is repealed.

Regional Municipality of Durham Act

82. (1) Sections 3 and 6 of the Regional Municipality of Durham Act, as amended by the Statutes of Ontario, 1993, chapter 3, section 2, are repealed.

(2) Section 7 of the Act is amended by adding the following subsections:

Quorum if size and composition changed

(4) Despite the quorum rule in subsection (1), if a by-law passed by the Regional Council under section 27 of the Municipal Act is in force, a majority of the members are necessary to form a quorum.

By-law re quorum

(5) Despite subsection (4), the Regional Council may, by by-law, adopt a different quorum provision that requires the attendance of at least a majority of its members.

Regional Municipality of Haldimand-Norfolk Act

83. (1) Sections 3 and 6 of the Regional Municipality of Haldimand-Norfolk Act are repealed.

(2) Section 7 of the Act is amended by adding the following subsections:

Quorum if size and composition changed

(4) Despite the quorum rule in subsection (1), if a by-law passed by the Regional Council under section 27 of the Municipal Act is in force, a majority of the members are necessary to form a quorum.

By-law re quorum

(5) Despite subsection (4), the Regional Council may, by by-law, adopt a different quorum provision that requires the attendance of at least a majority of its members.

Regional Municipality of Halton Act

84. (1) Subsection 3 (1) of the Regional Municipality of Halton Act is repealed.

(2) Section 6 of the Act is repealed.

(3) Section 7 of the Act is amended by adding the following subsections:

Quorum if size and composition changed

(4) Despite the quorum rule in subsection (1), if a by-law passed by the Regional Council under section 27 of the Municipal Act is in force, a majority of the members are necessary to form a quorum.

By-law re quorum

(5) Despite subsection (4), the Regional Council may, by by-law, adopt a different quorum provision that requires the attendance of at least a majority of its members.

Regional Municipality of Hamilton-Wentworth Act

85. (1) Sections 3 and 5 of the Regional Municipality of Hamilton-Wentworth Act are repealed.

(2) Clause 6 (1) (a) of the Act is amended by striking out "section 13 or 14 of the Municipal Elections Act" and substituting "section 17 of the Municipal Elections Act, 1996".

(3) Section 7 of the Act is amended by adding the following subsections:

Quorum if size and composition changed

(3) Despite the quorum rule in subsection (1), if a by-law passed by the Regional Council under section 27 of the Municipal Act is in force, a majority of the members are necessary to form a quorum.

By-law re quorum

(4) Despite subsection (3), the Regional Council may, by by-law, adopt a different quorum provision that requires the attendance of at least a majority of its members.

Regional Municipality of Niagara Act

86. (1) Section 3 of the Regional Municipality of Niagara Act is repealed.

(2) Subsection 5 (1) of the Act is repealed.

(3) Subsection 5 (2) of the Act is amended by striking out "the 31st day of March of an election year as defined in the Municipal Elections Act" in the eighth, ninth and tenth lines and substituting "March 31 in the year of a regular election under the Municipal Elections Act, 1996".

(4) Subsection 6 (1) of the Act is amended by striking out "as provided in section 5" in the fourth line.

(5) Section 7 of the Act is amended by adding the following subsections:

Quorum if size and composition changed

(3.1) Despite the quorum rule in subsection (1), if a by-law passed by the Regional Council under section 27 of the Municipal Act is in force, a majority of the members are necessary to form a quorum.

By-law re quorum

(3.2) Despite subsection (3.1), the Regional Council may, by by-law, adopt a different quorum provision that requires the attendance of at least a majority of its members.

Regional Municipality of Ottawa-Carleton Act

87. (1) Section 3 of the Regional Municipality of Ottawa-Carleton Act, as re-enacted by the Statutes of Ontario, 1994, chapter 1, section 2, is repealed.

(2) Subsection 5 (1) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 1, section 2, is repealed.

(3) Clause 6 (2) (a) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 1, section 2, is amended by striking out "under section 13 or 14 of the Municipal Elections Act" and substituting "under section 17 of the Municipal Elections Act, 1996".

(4) Section 8 of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 1, section 2, is amended by adding the following subsections:

Quorum if size and composition changed

(3) Despite the quorum rule in subsection (1), if a by-law passed by the Regional Council under section 27 of the Municipal Act is in force, a majority of the members are necessary to form a quorum.

By-law re quorum

(4) Despite subsection (3), the Regional Council may, by by-law, adopt a different quorum provision that requires the attendance of at least a majority of its members.

(5) Sections 8.1, 8.2 and 8.3 of the Act, as enacted by the Statutes of Ontario, 1994, chapter 1, section 2, are repealed and the following substituted:

By-law re wards

8.1 (1) The Regional Council may pass a by-law dividing or redividing the Regional Area into wards.

Notice and meeting

(2) Before passing a by-law under subsection (1) the council shall give notice of its intention to pass the by-law and hold at least one public meeting to consider the matter.

Criteria

(3) The Regional Council shall have regard to the prescribed criteria for establishing ward boundaries.

Regulations

(4) The Minister may, by regulation, establish criteria for the purpose of subsection (3).

Effective date

(5) A by-law passed under this section or an order made under this or any other Act dividing the Regional Area into wards that is made after January 1 in the year of a regular election under the Municipal Elections Act, 1996 does not come into force until after the next regular election under that Act.

Appeals

(6) Section 13.1 of the Municipal Act applies, with necessary modifications, to a by-law passed under subsection (1).

Petitions

(7) Section 13.2 of the Municipal Act applies to the Regional Area as if it were a local municipality, except that the Municipal Board may not make an order dissolving the existing wards.

Transition, 1997 regular election

(8) Despite subsection (5), for the purposes of the 1997 regular election under the Municipal Elections Act, 1996, a by-law passed under this section on or before March 31, 1997 comes into force for the 1997 regular election.

Existing proceedings continued

(9) An application or other proceeding to divide or redivide wards commenced before the coming into force of subsection 87 (4) of the Better Local Government Act, 1996 shall be continued and finally disposed of under this Act as it read on the day before the coming into force of that subsection.

Existing wards continued

(10) Until a by-law passed under this section comes into force, the wards existing on the day before the coming into force of subsection 87 (4) of the Better Local Government Act, 1996 are unaffected.

Notice of inquiry by Minister

8.2 (1) If the Minister is inquiring into the structure, organization and methods of operation of one or more area municipalities or of the Regional Corporation, the Minister may give the Municipal Board a written notice of the inquiry.

Stay of proceeding before Municipal Board

(2) When the Municipal Board receives the Minister's notice, the following are stayed until the Minister notifies the Municipal Board that they may be continued:

1. An appeal of a by-law of an area municipality passed under section 13 of the Municipal Act.

2. An appeal of a by-law of the Regional Council passed under subsection 8.1 (1) of this Act.

3. A petition under section 13.2 of the Municipal Act relating to an area municipality or to the Regional Area.

(6) Subsection 8.4 (1) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 1, section 2, is amended by striking out "March 31 of an election year, as defined in the Municipal Elections Act" in the first and second lines and substituting "March 31 in the year of a regular election under the Municipal Elections Act, 1996".

(7) Subsection 8.4 (3) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 1, section 2, is amended by striking out "March 31 of an election year, as defined in the Municipal Elections Act" in the first and second lines and substituting "March 31 in the year of a regular election under the Municipal Elections Act, 1996".

Regional Municipality of Peel Act

88. (1) Sections 3 and 6 of the Regional Municipality of Peel Act are repealed.

(2) Section 7 of the Act is amended by adding the following subsections:

Quorum if size and composition changed

(4) Despite the quorum rule in subsection (1), if a by-law passed by the Regional Council under section 27 of the Municipal Act is in force, a majority of the members are necessary to form a quorum.

By-law re quorum

(5) Despite subsection (4), the Regional Council may, by by-law, adopt a different quorum provision that requires the attendance of at least a majority of its members.

Regional Municipality of Sudbury Act

89. (1) Subsection 3 (1) of the Regional Municipality of Sudbury Act is repealed.

(2) Section 5 of the Act is repealed.

(3) Section 6 of the Act is amended by adding the following subsections:

Quorum if size and composition changed

(4) Despite the quorum rule in subsection (1), if a by-law passed by the Regional Council under section 27 of the Municipal Act is in force, a majority of the members are necessary to form a quorum.

By-law re quorum

(5) Despite subsection (4), the Regional Council may, by by-law, adopt a different quorum provision that requires the attendance of at least a majority of its members.

Regional Municipality of Waterloo Act

90. (1) Subsection 3 (1) of the Regional Municipality of Waterloo Act is repealed.

(2) Subsection 5 (1) of the Act is repealed.

(3) Section 6 of the Act is amended by adding the following subsections:

Quorum if size and composition changed

(4) Despite the quorum rule in subsection (1), if a by-law passed by the Regional Council under section 27 of the Municipal Act is in force, a majority of the members are necessary to form a quorum.

By-law re quorum

(5) Despite subsection (4), the Regional Council may, by by-law, adopt a different quorum provision that requires the attendance of at least a majority of its members.

Regional Municipality of York Act

91. (1) Section 3 of the Regional Municipality of York Act is repealed.

(2) Section 5 of the Act is repealed.

(3) Section 6 of the Act is amended by adding the following subsections:

Quorum if size and composition changed

(4) Despite the quorum rule in subsection (1), if a by-law passed by the Regional Council under section 27 of the Municipal Act is in force, a majority of the members are necessary to form a quorum.

By-law re quorum

(5) Despite subsection (4), the Regional Council may, by by-law, adopt a different quorum provision that requires the attendance of at least a majority of its members.

Sarnia-Lambton Act, 1989

92. (1) Section 5 of the Sarnia-Lambton Act, 1989 is repealed.

(2) Section 6 of the Act is repealed.

(3) Subsections 7 (1) to (5) of the Act are repealed and the following substituted:

Notice of inquiry by Minister

(1) If the Minister is inquiring into the structure, organization and methods of operation of a local municipality of the County, the Minister may give the Municipal Board a written notice of the inquiry.

Stay of proceeding before Municipal Board

(2) When the Municipal Board receives the Minister's notice, the following are stayed until the Minister notifies the Municipal Board that they may be continued:

1. An appeal of a by-law passed by a local municipality under section 13 of the Municipal Act.

2. A petition under section 13.2 of that Act relating to a local municipality.

(4) Section 17 of the Act is repealed.

(5) Section 19 of the Act is repealed.

(6) Subsection 20 (1) of the Act is repealed.

Shoreline Property Assistance Act

93. Subsection 3 (1) of the Shoreline Property Assistance Act is amended by striking out "Subject to sections 65 and 66 of the Ontario Municipal Board Act" in the first two lines.

St. Clair Parkway Commission Act

94. Subsection 7 (7) of the St. Clair Parkway Commission Act is amended by striking out "Subject to the approval of the Ontario Municipal Board" in the first and second lines.

Telephone Act

95. (1) Section 30 of the Telephone Act is repealed.

(2) Subsection 33 (1) of the Act is amended by striking out "with the approval of the Board" in the thirteenth line.

(3) Subsections 33 (2) and (3) of the Act are repealed.

(4) Subsection 44 (1) of the Act is amended by striking out "until the Board with the consent of the Commission has approved the by-law" at the end and substituting "until the Commission has consented to the by-law".

(5) Subsection 48 (2) of the Act is repealed.

(6) Section 49 of the Act is amended by striking out "Board" in the 16th line and substituting "municipality".

(7) Subsection 50 (1) of the Act is amended by striking out "and the issuing of debentures for that purpose, and it is not necessary that the by-law be submitted for the assent of the electors" in the last four lines.

(8) Subsection 50 (2) of the Act is amended by striking out "the period within which the debentures to be issued shall be made payable and" in the first, second and third lines.

(9) Section 51 of the Act is repealed and the following substituted:

Extension for non-landowners

51. The initiating municipality may, with the approval of the subscribers and without obtaining the assent of the electors, pass by-laws authorizing the issue of debentures to meet the cost of making an extension or extensions to the system for the purpose of furnishing telephone service to persons who are not landowners.

(10) Subsection 117 (3) of the Act is amended,

(a) by striking out "and the issuing of debentures for that purpose but such a by-law is not valid until it has received the assent of the electors qualified to vote on money by-laws under the Municipal Act" in clause (a); and

(b) by striking out "and the issuing of debentures for that purpose and it is not necessary that the by-law be submitted for the assent of the electors" in clause (b).

(11) Subsection 117 (4) of the Act is amended by striking out "the period within which the debentures to be issued shall be made payable and" in the first, second and third lines.

Tile Drainage Act

96. Subsection 2 (1) of the Tile Drainage Act is amended by striking out "Subject to sections 65 and 66 of the Ontario Municipal Board Act" in the first and second lines.

Trees Act

97. Clause 7 (e) of the Trees Act is amended by striking out "but subject to the approval of the Ontario Municipal Board" in the second, third and fourth lines.

PART IV

COMMENCEMENT AND SHORT TITLE

Commencement

98. (1) This Act, except as provided in subsections (2) to (4), comes into force on the day it receives Royal Assent.

(2) Sections 63 and 69, subsection 74 (12) and sections 78, 95 and 97 shall be deemed to have come into force on January 1, 1993.

(3) Section 55 and subsection 81 (40) shall be deemed to have come into force on December 1, 1996.

(4) Sections 16 to 19, 22 to 40, 42 to 46, 48, 50 and 56, subsections 64 (6) to (38) and 66 (5) to (41), section 68, subsections 74 (7) to (10), 74 (13) to (15) and 74 (17) to (53), sections 77, 79 and 80, subsections 81 (2) to (39) and sections 93, 94 and 96 come into force on a day to be named by proclamation of the Lieutenant-Governor.

Short title

99. The short title of this Act is the Better Local Government Act, 1996.

Schedule

MUNICIPAL ELECTIONS ACT, 1996

CONTENTS

General

1. Definitions

2. Residence

3. Application of Act

4. Triennial regular elections

5. Voting day

6. Three-year term

7. Cost of election

8. By-laws and questions

9. Language of notices and forms

10. Saturdays and holidays

Election Officials

11. Duties of clerk

12. Powers of clerk

13. Notices and information

14. Original documents

15. Deputy returning officer and other election officials

Scrutineers

16. Scrutineers

Voters' List

17. Qualification of electors

18. Voting subdivisions

19. Preliminary list

20. Homeless persons

21. Extracts from preliminary list

22. Correction of errors

23. Voters' list

24. Application for change re own name

25. Application for removal of another's name

26. Clerk's decision final

27. Interim list of changes

28. Voters' list

Candidates

29. Who may be nominated

30. Employees of municipalities and local boards

31. Nomination day

32. Notice

33. Filing of nomination

34. Refund

35. Examination of nominations

36. Withdrawal of nominations

37. Acclamations

38. School board, method of filling vacancy

39. Death of candidate

Before Voting Day

40. Notice of election information

41. Ballots

42. By-laws re voting and vote-counting equipment, alternative voting methods

43. Advance votes

44. Voting proxies

45. Voting places

Voting Procedure

46. Hours of voting

47. Persons entitled to remain in voting place

48. Prohibition

49. Secrecy

50. Elector's absence from work

51. Elector's right to vote

52. Voting procedure

53. Emergency

Counting of Votes

54. Counting of votes

55. Delivery of statement and ballot box to clerk

Recounts

56. Tied vote

57. Recount for municipality, local board or Minister

58. Application for order for clerk's recount

59. Inclusion of related recount

60. Manner of doing recount

61. Persons entitled to be present at recount

62. Duty of clerk

63. Application for judicial recount

64. Right to sit pending final disposition

By-Elections

65. By-elections

Election Campaign Finances

66. Contributions

67. Expenses

68. Campaign period

69. Duties of candidate

70. Restrictions, contributions

71. Maximum amounts

72. Associated corporations

73. Restrictions, fund-raising functions

74. Use of own money

75. Loans

76. Restrictions, expenses

77. Filing dates and reporting periods

78. Financial statements and auditor's reports

79. Surplus and deficit

80. Additional penalties

81. Compliance audit

82. Contribution rebates

Controverted Elections

83. Application

84. Disclaimer before application

85. Substitution of applicant

86. Appeal

87. Matters pending appeal

Election Records

88. Election records

Corrupt Practices and Other Offences, Penalties and Enforcement

89. Offences

90. Corrupt practices

91. Ineligibility, corrupt practice by candidate

92. Election campaign finance offences

93. Obstruction

94. General offence

Regulations

95. Regulations

General

Definitions

1. In this Act,

"by-election" means an election other than a regular election; ("élection partielle")

"candidate" means a person who has been nominated under section 33; ("candidat")

"certified candidate" means a candidate whose nomination has been certified under section 35; ("candidat certifié")

"clerk" means the clerk of a municipality; ("secrétaire")

"electoral group" means an electoral group as defined in subsection 230 (1) of the Education Act; ("groupe électoral")

"fund-raising function" means an event intended to raise money for a person's election campaign; ("activité de financement")

"local board" means a local board as defined in the Municipal Affairs Act, including a police village; ("conseil local")

"locality" means territory without municipal organization that is deemed to be a district municipality under the Education Act; ("localité")

"municipality" means a local municipality or an upper-tier municipality; ("municipalité")

"office" means an office election to which is governed by this Act; ("poste")

"owner or tenant" means a person enumerated as owner or tenant of land separately assessed under the Assessment Act; ("propriétaire ou locataire")

"prescribed" means prescribed by the Minister; ("prescrit")

"public school elector" means an elector who is not a separate school elector; ("électeur des écoles publiques")

"qualifying address" means the address that qualifies an elector under section 17; ("adresse habilitante")

"separate school elector" means an elector who is a Roman Catholic separate school supporter or who is Roman Catholic and the spouse of such supporter and any person entitled to be a separate school elector under the Education Act; ("électeur des écoles séparées")

"trade union" means a trade union as defined in the Labour Relations Act, 1995 or the Canada Labour Code (Canada) and includes a central, regional or district labour council in Ontario; ("syndicat")

"upper-tier municipality" means a county, a regional, metropolitan or district municipality or the County of Oxford; ("municipalité de palier supérieur")

"voting day" means the day on which the final vote is to be taken in an election. ("jour du scrutin")

Residence

2. (1) For the purposes of this Act, a person's residence is the permanent lodging place to which, whenever absent, he or she intends to return.

Rules

(2) The following rules apply in determining a person's residence:

1. A person may only have one residence at a time.

2. The place where a person's family resides is also his or her residence, unless he or she moves elsewhere with the intention of changing his or her permanent lodging place.

3. If a person has no other permanent lodging place, the place where he or she occupies a room or part of a room as a regular lodger or to which he or she habitually returns is his or her residence.

Rules if no permanent lodging place

(3) If a person has no permanent lodging place as described in subsections (1) and (2), the following rules apply in determining his or her residence:

1. The place to which the person most frequently returned to sleep or eat during the five weeks preceding the determination is his or her residence.

2. If the person returns with equal frequency to one place to sleep and to another to eat, the place to which he or she returns to sleep is his or her residence.

3. Multiple returns to the same place during a single day, whether to eat or to sleep, shall be considered one return.

4. A person's affidavit regarding the places to which he or she returned to eat or sleep during a given time period is conclusive, in the absence of evidence to the contrary.

Application of Act

3. This Act applies to:

1. An election to an office on:

i. the council of a local municipality,

ii. the council of an upper-tier municipality, if the holder of the office required to be elected by the electors of one or more local municipalities,

iii. a local board, if the holder of the office is required to be elected in the same manner as members of the council of a local municipality.

2. An election to obtain the assent of electors to a by-law as required or authorized by law.

3. An election to obtain the opinion of the electors on any question as required or authorized by law.

Triennial regular elections

4. (1) A regular election to fill offices shall be held in 1997 and in every third year thereafter.

By-laws and questions, municipalities

(2) A vote on a by-law or question that a municipality wishes to submit to the electors shall be combined with the next regular election, unless the municipality provides, by by-law, that the vote shall be held at another time.

Questions, local boards and Minister

(3) Subsection (2) applies with necessary modifications to a vote on a question that a local board or the Minister wishes to submit to the electors.

Exception

(4) The vote on a question under section 53 or 54 of the Liquor Licence Act may be held at another time than the next regular election only with the approval of the Liquor Licence Board of Ontario under section 55 of that Act.

Voting day

5. Voting day in a regular election is the second Monday in November, subject to section 10.

Three-year term

6. (1) The term of all offices to which this Act applies is three years, beginning on December 1 in the year of a regular election.

Application of subsection (1)

(2) Subsection (1) prevails over a provision in any other Act fixing the term of an office to which this Act applies.

Term continues

(3) The holders of offices continue to hold office until their successors are elected and the newly elected council or local board is organized.

Cost of election payable by local municipality

7. (1) Unless an Act specifically provides otherwise, the costs incurred by the clerk of a local municipality in conducting an election shall be paid by the local municipality.

Payment on certification

(2) The local municipality shall pay the costs as soon as possible after its clerk has signed a certificate verifying the amount.

Exceptions: recounts, by-elections

(3) Despite subsection (1), the local municipality shall be reimbursed for its reasonable costs in the following situations:

1. When the clerk conducts a recount in a regular election with respect to,

i. an office on a local board or upper-tier municipality,

ii. a by-law or question submitted by an upper-tier municipality, or

iii. a question submitted by a local board or the Minister.

2. When the clerk conducts a by-election for a local board or an upper-tier municipality or the Minister, or a recount in such a by-election.

Payment on certification

(4) The local board or upper-tier municipality or the Minister, as the case may be, shall pay the costs referred to in subsection (3) as soon as possible after receiving a certificate verifying the amount and signed by the clerk of the local municipality.

Submission of by-laws and questions, municipal council

8. (1) The council of a municipality may pass a by-law to submit to its electors,

(a) a proposed by-law requiring their assent;

(b) a question not otherwise authorized by law but within the council's jurisdiction.

Submission of question, local board

(2) A local board described in subparagraph iii of paragraph 1 of section 3 may pass a resolution to submit to its electors a question not otherwise authorized by law but within the local board's jurisdiction.

Question by Minister

(3) The Minister may make an order requiring the clerk of a local municipality to submit a question to the electors of his or her municipality.

Transmission to clerk

(4) When an upper-tier municipality acts under subsection (1), its clerk shall transmit to the clerk who is responsible for conducting the election a copy of the by-law and the proposed by-law or question.

Same

(5) When a local board acts under subsection (2), its secretary shall transmit to the clerk who is responsible for conducting the election a copy of the resolution and question.

Notice to electors

(6) The clerk who is responsible for conducting the election shall give the electors notice of by-laws and questions referred to in this section.

Cost of giving notice

(7) The upper-tier municipality or local board or the Minister, as the case may be, shall pay the local municipality's reasonable costs of giving notice under subsection (6), as soon as possible after receiving a certificate verifying the amount and signed by the clerk of the local municipality.

Assent to by-law

(8) A by-law is assented to,

(a) in the case of a local municipality, if a majority of the votes cast in the municipality are in favour of the by-law;

(b) in the case of an upper-tier municipality, if a majority of the votes cast in all the local municipalities are in favour of the by-law.

Result of vote

(9) When the time for applying for a recount has expired without an application being made, or when any application for a recount has been finally disposed of, the clerk shall certify the result of the vote in his or her municipality to the clerk of the upper-tier municipality, the secretary of the local board or the Minister, as the case may be.

Waiting period

(10) A council shall not consider a proposed by-law to which the electors' assent has been obtained until the 14th day after the result of the vote is certified.

Language of notices and forms

9. (1) Notices, forms and other information provided under this Act shall be made available in English only, unless the council of the municipality has passed a by-law under subsection (2).

By-law

(2) A municipal council may pass a by-law allowing the use of,

(a) French, in addition to English, in prescribed forms;

(b) French, other languages other than English, or both, in notices, forms (other than prescribed forms) and other information provided under this Act.

Saturdays and holidays

10. (1) A time limited by this Act that would otherwise expire on a Saturday or holiday shall be deemed to expire on the next day that is neither a Saturday nor a holiday.

Exception

(2) When voting day is determined under subsection (1), the days fixed for other procedures in the election are unaffected.

Election Officials

Duties of clerk

11. (1) The clerk of a local municipality is responsible for conducting elections within that municipality, subject to the following exceptions:

1. The clerks specified in the regulations made under the Education Act are responsible for certain aspects of the elections of members of school boards, as set out in those regulations.

2. The clerks specified in the Regional Municipality of Ottawa-Carleton Act and in the regulations made under that Act are responsible for certain aspects of the elections of the chair and regional councillors of the Regional Council, as set out in that Act and regulations.

3. The clerks specified in the Regional Municipality of Hamilton-Wentworth Act are responsible for certain aspects of the election of the chair of the Regional Council, as set out in that Act.

Same

(2) Responsibility for conducting an election includes responsibility for,

(a) preparing for the election;

(b) preparing for and conducting a recount in the election; and

(c) maintaining peace and order in connection with the election.

Locality, secretary of school board

(3) The secretary of a school board is responsible for conducting elections of members of the board who are to be elected by the electors of a locality; in that case, this Act applies as if the secretary were the clerk, the school board were the council of a local municipality and the locality were the geographic area of a local municipality.

Police village

(4) If a police village is situated in more than one local municipality, the clerk of each local municipality is responsible for conducting the election within that municipality, subject to the following:

1. Nominations for office on the police village shall be filed with the clerk of the local municipality with the largest number of electors of the police village.

2. As soon as possible after the close of nominations, the clerk with whom they were filed shall provide the clerks of the other local municipalities with a list of certified candidates.

3. The clerk of each local municipality shall certify the results of the election to the clerk with whom nominations were filed.

4. The clerk with whom nominations were filed shall prepare the final summary and announce the election results.

Powers of clerk

12. (1) A clerk who is responsible for conducting an election may provide for any matter or procedure that,

(a) is not otherwise provided for in an Act or regulation; and

(b) in the clerk's opinion, is necessary or desirable for conducting the election.

Forms

(2) The power conferred by subsection (1) includes power to establish forms, including forms of oaths and statutory declarations, and power to require their use.

Proof of identification, qualification, etc.

(3) The power conferred by subsection (1) includes power to require a person, as a condition of doing anything or having an election official do anything under this Act, to furnish proof that is satisfactory to the election official of the person's identity or qualifications or of any other matter.

Notice by clerk

13. (1) Any notice or other information that this Act requires the clerk to give shall be given in a form and manner and at a time that the clerk considers adequate to give reasonable notice or to convey the information, as the case may be.

Information about rights under Act

(2) The clerk shall provide electors, candidates and persons who are eligible to be electors with information to enable them to exercise their rights under this Act.

Original documents

14. A document that is filed with an election official under this Act and that is required to be signed shall bear only original signatures.

Deputy returning officer and other election officials

15. (1) When it is necessary to conduct an election, the clerk shall appoint a deputy returning officer for each voting place established under section 45 and may appoint any other election officials for the election and for any recount that the clerk considers are required.

Delegation

(2) The clerk may delegate to a deputy returning officer or other election official any of the clerk's powers and duties in relation to an election, as he or she considers necessary.

Clerk retains powers and duties

(3) The clerk may continue to exercise the delegated powers and duties, despite the delegation.

Delegation in writing

(4) The delegation shall be in writing.

Scrutineers

Scrutineers at election of candidate

16. (1) A candidate may appoint scrutineers to represent him or her during voting and at the counting of votes, including a recount.

Same, at vote on by-law or question

(2) A municipality may appoint scrutineers in relation to voting on a by-law or question submitted to the electors, to attend at a voting place and at the counting of votes, including a recount.

Same, question submitted by local board or Minister

(3) When a local board or the Minister has submitted a question to the electors, subsection (2) applies with necessary modifications.

Scrutineers for applicant under s. 58

(4) An elector who applies for a recount under section 58 may appoint scrutineers to represent him or her at the recount.

Manner of appointment

(5) The appointment of a scrutineer shall be in writing if made by a candidate or applicant or by the Minister, and by resolution if made by a municipality or local board.

Proof of appointment

(6) A scrutineer shall, on request, show proof of his or her appointment to the election official in charge of a voting place or of a place where votes are being counted.

Voters' List

Definition

17. (1) In this section,

"qualification period" means the period that begins on the Tuesday after Labour Day in the year of a regular election and ends at the close of voting on voting day.

Qualification of electors

(2) A person is entitled to be an elector at an election held in a local municipality if he or she,

(a) at any time during the qualification period,

(i) resides in the local municipality, or

(ii) is the owner or tenant of land there, or the spouse of such a person; and

(b) on voting day,

(i) is a Canadian citizen,

(ii) is at least 18 years old, and

(iii) is not prohibited from voting under subsection (3) or otherwise by law.

Persons prohibited from voting

(3) The following are prohibited from voting:

1. A person who is serving a sentence of imprisonment in a penal or correctional institution.

2. A corporation.

3. A person acting as executor or trustee or in any other representative capacity, except as a voting proxy in accordance with section 44.

4. A person who was convicted of the corrupt practice described in subsection 90 (3), if voting day in the current election is less than four years after voting day in the election in respect of which he or she was convicted.

Change of residence

(4) A person who changes residence from one local municipality to another during the qualification period is entitled to be a resident elector only in the local municipality where he or she resides last.

Voting subdivisions

18. (1) On or before each date fixed by the Minister of Finance under section 15 of the Assessment Act, the clerk of each local municipality may divide the local municipality into voting subdivisions.

Notice to assessment commissioner

(2) If the clerk acts under subsection (1) he or she shall, before the fixed date, inform the assessment commissioner of the boundaries of the voting subdivisions.

Preliminary list

19. (1) On or before July 31 in the year of a regular election, the assessment commissioner shall prepare a preliminary list for each local municipality and deliver it to the clerk.

Voting subdivisions

(2) If the local municipality is divided into voting subdivisions, the preliminary list shall contain a preliminary list for each voting subdivision.

Data

(3) The preliminary list may be based on data from any source, including the most recent enumeration under the Assessment Act.

Contents

(4) The preliminary list shall contain,

(a) the name and address of each person who is entitled to be an elector under section 17; and

(b) any additional information the clerk needs to determine for which offices each elector is entitled to vote.

Voting subdivisions, residents and non-residents

(5) If the local municipality is divided into voting subdivisions,

(a) the name of each resident elector shall be entered on the preliminary list for the voting subdivision in which he or she resides; and

(b) the name of each non-resident elector shall be entered on the preliminary list for the voting subdivision in which the elector or his or her spouse is an owner or tenant of land.

One entry only

(6) An elector's name shall appear on the preliminary list for a local municipality only once.

Homeless persons

20. The assessment commissioner is not required to enter on a preliminary list the name of a person whose residence is determined under subsection 2 (3).

Extracts from preliminary list

21. (1) On or before August 31 in the year of a regular election, the assessment commissioner shall provide the secretary of every school board with extracts of the preliminary list based on the school support of electors in that election.

Copies for candidates

(2) Each secretary shall, on request, provide a copy of the extracts to any candidate for an office on the school board concerned.

No revision

(3) The extracts do not constitute official preliminary lists and are not subject to revision.

Correction of errors

22. The clerk may correct any obvious error in the preliminary list and shall notify the assessment commissioner of the corrections.

Voters' list

23. (1) The preliminary list, as corrected under section 22, constitutes the voters' list.

Reproduction, revision arrangements

(2) On or before September 1 in the year of a regular election, the clerk shall,

(a) have the voters' list reproduced;

(b) determine where and at what time applications for revisions to the voters' list may be made under sections 24 and 25.

Copies for local boards, municipalities, Minister

(3) On written request, the clerk shall provide a copy of the voters' list to,

(a) the secretary of a local board any of whose members are required to be elected at an election conducted by the clerk, or that has submitted a question to the electors;

(b) the clerk of the local municipality responsible for conducting the elections in any combined area for school board purposes;

(c) the clerk of an upper-tier municipality any of whose members are required to be elected at an election conducted by the clerk, or that has submitted a by-law or question to the electors;

(d) the Minister, if he or she has submitted a question to the electors.

Copies for candidates

(4) On the written request of a candidate for an office, the clerk shall provide him or her with the part of the voters' list that contains the names of the electors who are entitled to vote for that office.

Copies for M.P.'s and M.P.P.'s

(5) On the written request of a member of the House of Commons or of the Assembly who represents any part of the clerk's municipality, the clerk shall provide him or her with a copy of the voters' list.

Application for change re own name

24. (1) During the period that begins on the Tuesday after Labour Day and ends at the close of voting on voting day, a person may make an application to the clerk requesting,

(a) that the person's name be added to or removed from the voters' list; or

(b) that information on the voters' list relating to the person be amended.

Form and manner of application

(2) The application shall be in writing and shall be filed,

(a) in person, by the applicant or his or her agent; or

(b) by mail, by the applicant.

Application approved

(3) If satisfied that the applicant is entitled to have the requested change made, the clerk shall,

(a) endorse the application to indicate approval; and

(b) return the endorsed application to the applicant.

Application refused

(4) If not satisfied that the applicant is entitled to have the requested change made, the clerk shall,

(a) note the reason for refusal on the application; and

(b) return the annotated application to the applicant.

Application for removal of another's name

25. (1) During the period that begins on the Tuesday after Labour Day and ends on nomination day, a person may make an application to the clerk requesting that another person's name be removed from the voters' list.

Form and manner of application

(2) The application shall be in writing and shall be filed,

(a) in person, by the applicant or his or her agent; or

(b) by mail, by the applicant.

Procedure

(3) Unless subsection (4) applies, the clerk shall,

(a) appoint a time and place for a hearing to decide whether the person's name should be removed from the voters' list;

(b) give the applicant and the person to whom the application relates a notice informing them of the time and place of the hearing and of the fact that they may appear personally or by a representative;

(c) give the person to whom the application relates a copy of the application; and

(d) hold the hearing at the appointed time and place.

Exception, person deceased

(4) If satisfied that the person to whom the application relates has died, the clerk may remove the person's name from the voter's list without a hearing.

Non-appearance of applicant

(5) If the applicant does not appear, personally or by a representative, the clerk shall dismiss the application.

Non-appearance of other person

(6) If the person to whom the application relates does not appear, personally or by a representative, the clerk may hold the hearing and make a decision only if he or she is satisfied that the person,

(a) received notice of the hearing; or

(b) could not be found to be given notice.

Application approved

(7) After the hearing, if satisfied that the name should be removed from the voters' list, the clerk shall,

(a) endorse the application to indicate approval and note the reasons for the approval on the application;

(b) return the endorsed and annotated application to the applicant; and

(c) send the person to whom the application relates a copy of the endorsed and annotated application, together with notice of the procedure under section 24 to add a name to the voters' list.

Application refused

(8) After the hearing, if not satisfied that the name should be removed from the voters' list, the clerk shall,

(a) note the refusal and the reasons for it on the application;

(b) return the annotated application to the applicant; and

(c) send the person to whom the application relates a copy of the annotated application.

Exception

(9) The clerk is not required to give copies and notice under clause (7) (c) or (8) (c) if satisfied that the person cannot be found.

Clerk's decision final

26. The clerk's decision under section 24 or 25 is final.

Interim list of changes

27. (1) Within 10 days after nomination day, the clerk shall,

(a) prepare an interim list of the changes to the voters' list approved under sections 24 and 25 on or before nomination day; and

(b) give a copy of the interim list to each person who received a copy of the voters' list under section 23 and to each certified candidate.

Final list of changes

(2) Within the time after voting day fixed by the Minister of Finance under the Assessment Act, the clerk shall,

(a) prepare a final list of the changes to the voters' list approved under sections 24 and 25; and

(b) give a certified copy of the final list of changes to the assessment commissioner together with a copy of the approved applications under sections 24 and 25.

Voters' list

28. (1) The clerk shall prepare and certify the voters' list for use in each voting place established under section 45.

Same

(2) In preparing the voters' list, the clerk,

(a) shall determine which electors appear on the voters' list for each voting place;

(b) shall remove the names that are shown in the interim list of changes as names to be removed; and

(c) may make any other changes approved under section 24.

Candidates

Who may be nominated

29. (1) A person may be nominated for an office only if,

(a) he or she is qualified to hold that office under the Act that creates it; and

(b) he or she is not ineligible under this or any other Act or otherwise prohibited by law to be nominated for or to hold the office.

Nomination for one office only

(2) If a person who has been nominated for an office is nominated for another office to which this Act applies, the first nomination shall be deemed to have been withdrawn at the time the second nomination is filed.

Separate nomination for each person

(3) Each person to be nominated for election to an office shall be nominated by a separate nomination.

Employee of municipality or local board

30. (1) An employee of a municipality or of its local board is eligible to be a candidate for and to be elected as a member of the council or local board if he or she takes an unpaid leave of absence beginning no later than nomination day and ending on voting day.

Notice of leave

(2) The employee shall give the council or local board written notice, in advance, of his or her intention to take unpaid leave under subsection (1).

Approval

(3) The employee is entitled, as of right, to take an unpaid leave of absence beginning on nomination day and ending on voting day, but the council's or local board's approval, obtained in advance, is necessary if the employee wishes the unpaid leave to begin before nomination day.

Resignation

(4) If the employee is elected to the office, he or she shall be deemed to have resigned from the employment immediately before making the declaration of office and taking the oath of allegiance referred to in subsection 94 (1) of the Municipal Act or section 209 of the Education Act, as the case may be.

Same

(5) Subsection (4) also applies to an employee of an upper-tier municipality or its local board who by being elected to the council or local board of a local municipality also becomes a member of the council or local board of the upper-tier municipality.

Continuous service

(6) If an employee who takes a leave of absence under subsection (1) is not elected, the leave shall not be counted in determining the length of his or her service for any purpose, and the service before and after the leave shall be deemed to be continuous for all purposes.

Volunteer firefighters

(7) A person shall not be considered an employee of a municipality or local board for the purposes of this section by reason only of being a volunteer firefighter as defined in the Fire Departments Act.

Nomination day

31. Nomination day for a regular election is Friday, the 31st day before voting day.

Notice

32. The clerk shall give notice of the offices for which persons may be nominated and of the nomination procedure under this Act.

Filing of nomination

33. (1) A person may be nominated for an office by filing a nomination in the clerk's office, in person or by an agent.

Formal requirements

(2) The nomination shall,

(a) be in the prescribed form;

(b) be signed by at least 10 persons each of whom, as of nomination day,

(i) is entitled to vote in the election for the office, and

(ii) is named on the voters' list or, if not, has applied to have his or her name added;

(c) be accompanied by a consent to the nomination and a declaration of qualification, both in the prescribed form, signed by the person being nominated; and

(d) be accompanied by the prescribed nomination filing fee.

Exception, nomination filing fee

(3) If the person was previously nominated for an office on the same council or local board in the same election and paid the nomination filing fee at that time,

(a) clause (2) (d) does not apply; and

(b) for the purposes of section 34 (refund) and paragraph 9 of subsection 67 (2) (expenses), the fee paid at the time of the earlier nomination shall be deemed to have been paid in connection with the later one.

Time for filing

(4) The nomination may be filed,

(a) on any day in the year of the regular election that is before nomination day, at a time when the clerk's office is open; or

(b) on nomination day, between 9 a.m. and 5 p.m.

Exception for additional nominations

(5) If the number of nominations filed for an office and certified under section 35 is less than the number of persons to be elected to the office, additional nominations may be filed between 9 a.m. and 5 p.m. on the Wednesday following nomination day.

Refund

34. A candidate is entitled to receive a refund of the nomination filing fee if he or she,

(a) withdraws the nomination under section 36;

(b) is elected to the office; or

(c) receives more than the prescribed percentage of the votes cast in the election for the office.

Examination of nominations

35. (1) The clerk shall examine each nomination that has been filed, in accordance with the following timetable:

1. All nominations filed on or before nomination day shall be examined before 4 p.m. on the Monday following nomination day.

2. Any additional nominations filed under subsection 33 (5) shall be examined before 4 p.m. on the Thursday following nomination day.

Certification

(2) If satisfied that a person is qualified to be nominated and that the nomination complies with this Act, the clerk shall certify the nomination by signing the nomination paper.

Rejection

(3) If not satisfied that a person is qualified to be nominated or that the nomination complies with this Act, the clerk shall reject the nomination.

Notice

(4) When the clerk rejects a nomination, he or she shall, as soon as possible, give notice of the fact to the person who sought to be nominated and to all candidates for the office.

Clerk's decision final

(5) The clerk's decision to certify or reject a nomination is final.

Withdrawal of nominations

36. A person may withdraw his or her nomination by filing a written withdrawal in the clerk's office,

(a) before 5 p.m. on the Monday following nomination day, if the person was nominated on or before nomination day;

(b) before 5 p.m. on the Thursday following nomination day, if the person was nominated under subsection 33 (5).

Acclamations

37. (1) If, at 5 p.m. on the Monday following nomination day, the number of certified candidates for an office is the same as or less than the number to be elected, the clerk shall immediately declare the candidate or candidates elected by acclamation.

Same, after additional nominations

(2) If additional nominations have been filed under subsection 33 (5) and if, at 5 p.m. on the Thursday following nomination day, the number of certified candidates still does not exceed the remaining number of vacancies, the clerk shall immediately declare the additional candidate or candidates elected by acclamation.

Filling vacancies, school boards

(3) If a vacancy remains on a school board among the members representing an electoral group after the application of subsections (1) and (2), the following rules apply:

1. If the number of candidates declared elected is insufficient to fill the majority of positions for the electoral group, a by-election shall be held.

2. If the number of candidates declared elected is sufficient to fill the majority of positions for the electoral group, section 38 applies. If it is not possible to fill the vacancies under that section, a by-election shall be held.

Filling vacancies, other offices

(4) If any other office remains vacant after the application of subsection (1) and (2), the following rules apply:

1. If the number of candidates declared elected is insufficient to form a quorum, a by-election shall be held.

2. If the number of candidates declared elected is sufficient to form a quorum, section 45 of the Municipal Act applies.

School board, method of filling vacancy

38. (1) In the circumstances described in paragraph 2 of subsection 37 (3), the candidates declared elected to represent the electoral group may appoint a person to fill the vacancy, at a meeting of the members representing the electoral group called for that purpose.

Criteria

(2) A person shall be appointed under subsection (1) only if he or she,

(a) is qualified to be elected as a member of the school board representing the electoral group; and

(b) has consented to accept the office if appointed.

Vote

(3) If more than one person is nominated to fill a vacancy, the secretary of the school board shall take a vote to determine which person shall fill it.

Who fills vacancy

(4) A person who receives more than half the votes shall fill the vacancy.

Further vote

(5) If no person receives more than half the votes, the secretary shall take another vote, excluding the person who received fewest votes in the previous vote; if two or more persons received fewest votes, the secretary shall choose the person to be excluded by lot.

Death of candidate

39. If a certified candidate dies before the close of voting on voting day,

(a) if no candidate would be elected by acclamation as a result of the death, the election shall proceed as if the deceased candidate had not been nominated, and the clerk shall omit the deceased candidate's name from the ballots or, if they have already been printed, shall cause notice of the candidate's death to be posted in every voting place;

(b) if another candidate would be elected by acclamation as a result of the death, the election is void and a by-election shall be held to fill the office.

Before Voting Day

Notice of election information

40. When an election is to be held, the clerk shall give the electors notice of,

(a) the location of the voting places;

(b) the dates and times on which the voting places will be open for voting;

(c) if section 44 (voting proxies) applies, the manner in which electors may use voting proxies; and

(d) if a by-law has been passed under clause 42 (1) (b), (alternative voting methods), the manner in which electors may use the alternative voting method.

Ballots

41. (1) When an election is to be held, the clerk shall provide ballots in the prescribed form.

Rules for ballots

(2) The following rules apply to ballots:

1. Only the names of certified candidates shall appear on the ballot.

2. The candidates' names shall appear on the ballot in alphabetical order, based on their surnames and, in the case of identical surnames, their forenames.

3. If the candidate wishes and the clerk agrees, another name that the candidate also uses may appear on the ballot instead of or in addition to his or her legal name.

4. No reference to a candidate's occupation, degree, title, honour or decoration shall appear on the ballot.

5. If the surnames of two or more candidates for an office are identical or, in the clerk's opinion, so similar as to cause possible confusion, every candidate's qualifying address shall appear under his or her name.

6. A space for marking the ballot shall appear to the right of each candidate's name or, in the case of a by-law or question, to the right of each answer.

7. All ballots for the same office or relating to the same by-law or question shall be identical or as nearly alike as possible.

Variations for electors with visual impairments

(3) The clerk may make such changes to some or all of the ballots as he or she considers necessary or desirable to allow electors with visual impairments to vote without the assistance referred to in paragraph 4 of subsection 52 (1).

Determination by clerk

(4) The clerk shall determine whether separate or composite ballots shall be used in the election.

Separate and composite ballots

(5) A separate ballot is designed to be used for only one office, by-law or question, as the case may be; a composite ballot is one that combines the contents of two or more separate ballots.

Form of composite ballot

(6) The form of a composite ballot shall conform as closely as possible to the prescribed form and to the rules set out in subsection (2).

By-laws re voting and vote-counting equipment, alternative voting methods

42. (1) The council of a local municipality may pass by-laws,

(a) authorizing the use of voting and vote-counting equipment such as voting machines, voting recorders or optical scanning vote tabulators;

(b) authorizing electors to use an alternative voting method, such as voting by mail or by telephone, that does not require electors to attend at a voting place in order to vote.

Application of by-law

(2) A by-law passed under subsection (1) or under a predecessor of it applies to all elections for which voting day is more than 60 days after the by-law is passed.

Procedures and forms

(3) At least 30 days before voting day, the clerk shall,

(a) establish procedures and forms for the use of,

(i) any voting and vote-counting equipment authorized by by-law, and

(ii) any alternative voting method authorized by by-law; and

(b) provide a copy of the procedures and forms to each candidate.

Conflict

(4) The procedures and forms established by the clerk, if they are consistent with the principles of this Act, prevail over anything in this Act and the regulations made under it.

Effect of by-law on advance votes and voting proxies

(5) When a by-law authorizing the use of an alternative voting method is in effect, sections 43 (advance votes) and 44 (voting proxies) apply only if the by-law so specifies; if the by-law specifies that section 44 applies, it may also establish additional criteria that a person must meet to be entitled to vote by proxy.

By-law re advance votes

43. (1) At least 30 days before voting day, the council of a local municipality shall pass a by-law establishing,

(a) one or more dates for an advance vote; and

(b) the hours during which voting places shall be open on that date or dates.

Same

(2) The by-law may establish different hours for different voting places.

Duty of clerk

(3) The clerk shall hold the advance vote in accordance with the by-law.

Voting places, hours of voting

(4) Section 45, except subsection (7), applies to the advance vote with necessary modifications.

Sealing of ballot box, etc.

(5) On each day of the advance vote the deputy returning officer of the voting place shall,

(a) immediately after the close of voting, seal the ballot box so that ballots cannot be deposited in or withdrawn from it without breaking the seal; and

(b) as soon as possible after the close of voting,

(i) prepare a list showing the name of each person who has voted on that day and identifying his or her voting place; and

(ii) deliver to the clerk for safekeeping the ballot box, the list of names, and all other materials and documents related to the advance vote.

Access to list of advance voters

(6) The clerk shall, on the request of a scrutineer or certified candidate, give him or her a copy of any list referred to in subclause (5) (b) (i).

Updating of voters' lists

(7) The clerk shall ensure that that voters' lists for all voting places are updated to reflect voting that took place at an advance vote.

Appointment of voting proxy

44. (1) A person who is entitled to be an elector in a local municipality may appoint another person who is also so entitled as his or her voting proxy, using the prescribed form.

Restrictions

(2) A person shall not,

(a) appoint more than one voting proxy;

(b) act as a voting proxy for more than one other person.

Relatives

(3) The restriction in clause (2) (b) does not apply if the proxy and the other person are spouses or siblings of each other, parent and child, or grandparent and grandchild.

Time

(4) The appointment of a voting proxy may be made only after nomination day, and does not remain in force after voting day.

Application for clerk's certificate

(5) A person who has been appointed a voting proxy shall,

(a) complete an application in the prescribed form, including a statutory declaration that he or she is the person appointed as a voting proxy; and

(b) present the application and the appointing document to the clerk at the clerk's office, in person.

Time

(6) The application may be presented at any time when the clerk's office is open; on the day of an advance vote held under section 43, it shall be open for this purpose from noon to 5 p.m.

Certificate

(7) If satisfied, after considering the application, that the person who appointed the voting proxy is entitled to do so and that the person appointed is entitled to act as the other's voting proxy, the clerk shall apply a certificate in the prescribed form to the appointing document.

Production of certified appointing document

(8) A person may vote as a voting proxy only if he or she,

(a) produces to the deputy returning officer the appointing document with the clerk's certificate; and

(b) takes the prescribed oath.

Voting in own right

(9) A person who votes as a voting proxy is also entitled to vote in his or her own right.

Number and location of voting places

45. (1) The clerk shall establish the number and location of voting places for an election as he or she considers most convenient for the electors.

Special needs

(2) In choosing a location for a voting place, the clerk shall consider the needs of electors whose mobility is impaired by disability or some other cause.

Outside voting subdivision or municipality

(3) A voting place may be located outside its voting subdivision and outside its local municipality.

Voting places in certain buildings

(4) A person or body to whom this subsection applies shall on the clerk's request, made at least 14 days before voting day, provide a space for use as a voting place, free of charge.

Same

(5) The space provided shall be acceptable to the clerk and shall not be a space that is being used as a dwelling.

Application of subss. (4) and (5)

(6) Subsections (4) and (5) apply to:

1. Landlords of buildings containing 100 or more dwelling units.

2. Municipalities.

3. School boards.

4. Provincially-funded institutions.

Voting places in institutions, retirement homes

(7) On voting day, a voting place shall be provided on the premises of the following:

1. An institution for the reception, treatment or vocational training of members or former members of the Canadian Forces.

2. An institution in which, on nomination day, 20 or more beds are occupied by persons who are disabled, chronically ill or infirm.

3. A retirement home in which, on nomination day, 50 or more beds are occupied.

Attendance on resident

(8) The deputy returning officer for a voting place described in subsection (7) may attend on an elector who is a resident of the institution or retirement home, to allow him or her to vote.

Attendance on person with impaired mobility

(9) A deputy returning officer may, to allow an elector whose mobility is impaired by disability or some other cause to vote, attend on the elector anywhere within the area designated as the voting place.

Other persons

(10) The other persons described in subsection 47 (1) are entitled to accompany a deputy returning officer when he or she attends on an elector under subsection (8) or (9).

Voting Procedure

Hours of voting

46. (1) On voting day, voting places shall be open for the electors to vote from 10 a.m. until 8 p.m.

By-law re earlier opening

(2) The council of a local municipality may pass a by-law providing that specified voting places shall be open on voting day at a specified time before 10 a.m.

By-law re institutions, retirement homes

(3) Despite subsection (1), the council of a local municipality may pass a by-law with respect to a voting place described in subsection 45 (7) that is only for the use of residents of the institution or retirement home, providing for reduced opening hours.

Elector in voting place at closing time

(4) An elector who is in a voting place at the time for closing under subsection (1) or under a by-law passed under subsection (3) and has not yet voted is still entitled to vote.

Who may remain in voting place

47. (1) No person shall remain in a voting place when the vote is being taken or the votes are being counted except,

(a) the clerk and the deputy returning officer and any other election official appointed for the voting place;

(b) a certified candidate;

(c) one scrutineer appointed by each certified candidate for each ballot box in use at the voting place;

(d) the scrutineers appointed by a municipality in relation to a by-law or question; and

(e) the scrutineers appointed by a local board or the Minister in relation to a question.

Same

(2) The number of scrutineers who may be present under clause (1) (c) is reduced by one while the candidate who appointed them is present in the voting place.

Number of scrutineers re by-law

(3) If the vote is on a by-law and scrutineers are to be appointed under subsection 16 (2),

(a) equal numbers of scrutineers shall be appointed to represent supporters and opponents of the by-law; and

(b) one scrutineer representing supporters and one representing opponents may be present for each ballot box in use at the voting place.

Number of scrutineers re question

(4) If the vote is on a question and scrutineers are to be appointed under subsections 16 (2) and (3),

(a) equal numbers of scrutineers shall be appointed for each possible answer to the question; and

(b) one scrutineer for each of the possible answers may be present for each ballot box in use at the voting place.

Rights of candidates and scrutineers

(5) The persons described in clauses (1) (b), (c), (d) and (e) are each entitled,

(a) to be present when materials and documents related to the election are delivered to the clerk under subclause 43 (5) (b) (ii) and clause 55 (1) (d);

(b) to enter the voting place 15 minutes before it opens and to inspect the ballot boxes and the ballots and all other papers, forms and documents relating to the vote (but not so as to delay the timely opening of the voting place);

(c) to place his or her own seal on the ballot box, immediately before the opening of the voting place, so that ballots can be deposited in the box and cannot be withdrawn without breaking the seal;

(d) to place his or her own seal on the ballot box immediately after the close of voting on each day of an advance vote under section 43, so that ballots cannot be deposited or withdrawn without breaking the seal;

(e) to examine each ballot as the votes are being counted by the deputy returning officer under section 54 (but not to touch the ballot);

(f) to object to a ballot or to the counting of votes in a ballot under subsection 54 (3);

(g) to sign the statement of the results of the election prepared by the deputy returning officer under clause 55 (1) (a); and

(h) to place his or her own seal on the ballot box after the counting of the votes, when the deputy returning officer seals the box under clause 55 (1) (c), so that ballots cannot be deposited or withdrawn without breaking the seal.

Prohibition

48. (1) While an elector is in a voting place, no person shall attempt, directly or indirectly, to influence how the elector votes.

No election campaign material

(2) Without limiting the generality of subsection (1), no person shall display a candidate's election campaign material or literature in a voting place.

Secrecy

49. (1) Every person who is present in a voting place or at the counting of the votes shall help to maintain the secrecy of the voting.

Offences

(2) No person shall,

(a) interfere or attempt to interfere with an elector who is marking the ballot;

(b) obtain or attempt to obtain, at a voting place, information about how an elector intends to vote or has voted; or

(c) communicate any information obtained at a voting place about how an elector intends to vote or has voted.

Same

(3) No elector shall show his or her marked ballot to any person so as to reveal how he or she has voted, except in connection with obtaining assistance in voting under paragraph 4 of subsection 52 (1).

No requirement of disclosure

(4) No person shall, in a legal proceeding relating to an election, be required to disclose how he or she voted at the election.

Elector's absence from work

50. (1) An elector whose hours of employment are such that he or she would not otherwise have three consecutive hours to vote on voting day is entitled to be absent from work for as long as is necessary to allow that amount of time.

Employer's convenience

(2) The absence shall be timed to suit the employer's convenience as much as possible.

No deduction or penalty

(3) The employer shall not make a deduction from the employee's pay or impose any other penalty for the absence from work.

Elector's right to vote

51. (1) An elector whose name appears on the voters' list for a voting place is entitled to vote there, subject to subsection (2).

Rules

(2) The following rules apply to the exercise of the right to vote:

1. An elector who is entitled to vote for offices on a municipal council or local board may vote in only one of the voting places established for the area of jurisdiction of the municipality or local board, as the case may be.

2. However, an elector who is entitled to vote in more than one of the local municipalities forming part of an upper-tier municipality is entitled to vote in one voting place established for each of the local municipalies for offices on the local councils, even if the holders of the offices would or could under certain circumstances also be members of the upper-tier council.

3. An elector is entitled to vote for as many candidates for an office as there are members to be elected to that office, but only once for each candidate.

4. An elector is entitled to vote only once on a by-law or question.

5. An elector may vote only in accordance with the information relating to him or her on the voters' list.

Voting procedure

52. (1) The following procedure shall be followed when a person enters a voting place and requests a ballot:

1. Subject to paragraph 3, the deputy returning officer shall give the person a ballot only if satisfied that the person is entitled to vote at the voting place.

2. If the deputy returning officer, a scrutineer or a certified candidate objects to the person voting, the deputy returning officer shall have the fact of the objection and by whom it was made recorded on the voters' list next to the person's name.

3. When an objection has been made as described in paragraph 2, the deputy returning officer shall give the person a ballot if the person takes an oath or affirmation stating that he or she is named on the voters' list for the voting place and has not already voted in the election.

4. The deputy returning officer may permit an elector who needs assistance in voting to have such assistance as the deputy returning officer considers necessary.

5. An elector is no longer entitled to vote if, after receiving a ballot, he or she leaves the voting place without returning the ballot, or declines to vote and returns the ballot.

Amendment of voters' list

(2) On receiving an approved application under section 24 to amend the voters' list, the deputy returning officer shall amend the voters' list in accordance with the application.

Marking ballot, etc.

(3) On receiving the ballot from the deputy returning officer, the elector shall,

(a) make a cross or other mark on the ballot, within the space to the right of the name of each candidate for whom the elector wishes to vote (or, in the case of a by-law or question, to the right of the answer for which he or she wishes to vote);

(b) fold the ballot in a manner that conceals its face;

(c) return the folded ballot to the deputy returning officer.

Deposit in ballot box

(4) On receiving the ballot from the elector, the deputy returning officer shall immediately deposit it in the ballot box, in the full view of the elector and any persons described in clauses 47 (1) (b), (c), (d) and (e) who are in the voting place.

Emergency

53. (1) The clerk may declare an emergency if he or she is of the opinion that circumstances have arisen that are likely to prevent the election being conducted in accordance with this Act.

Arrangements

(2) On declaring an emergency, the clerk shall make such

arrangements as he or she considers advisable for the conduct of the election.

Conflict

(3) The arrangements made by the clerk, if they are consistent with the principles of this Act, prevail over anything in this Act and the regulations made under it.

Time

(4) The emergency continues until the clerk declares that it has ended.

No review or setting aside

(5) If made in good faith, the clerk's declaration of emergency and arrangements shall not be reviewed or set aside on account of unreasonableness or supposed unreasonableness.

Counting of Votes

Counting of votes

54. (1) Immediately after the close of voting on voting day, the deputy returning officer shall open the ballot box for his or her voting place and proceed to count,

(a) in the case of an election for office, the number of votes for each candidate;

(b) in the case of an election to obtain the assent of the electors to a by-law, the number of votes in favour of the by-law and the number opposed to it; and

(c) in the case of an election to obtain the opinion of the electors on any question, the number of votes for each possible answer to the question.

Rejection of ballots

(2) The deputy returning officer shall reject from the count all ballots and votes in a ballot that do not comply with the prescribed rules.

Objections

(3) A scrutineer or certified candidate may object to a ballot, or to the counting of some or all votes in a ballot, on the ground that the ballot or votes do not comply with the prescribed rules.

Duty of deputy returning officer

(4) The deputy returning officer shall,

(a) decide all objections;

(b) establish a list in which the objections are summarized and individually numbered; and

(c) write the number of each objection on the back of the relevant ballot and initial the number.

Delivery of statement and ballot box to clerk

55. (1) As soon as possible after counting the votes, the deputy returning officer shall,

(a) prepare a statement, in duplicate, showing the results of the election at the voting place;

(b) place the ballots and all other materials and documents related to the election, except the original statement of results, in the ballot box;

(c) seal the ballot box so that ballots cannot be deposited in or withdrawn from it without breaking the seal; and

(d) deliver the original statement of results and the ballot box to the clerk.

Copies of statement

(2) A scrutineer or certified candidate is entitled to receive a copy of the statement of results from the clerk, on request.

Results of election

(3) The clerk shall determine the results of the election by compiling the statements of results received from the deputy returning officers.

Declaration

(4) The clerk shall, as soon as possible after voting day,

(a) declare the candidate or candidates, as the case may be, who received the highest number of votes to be elected; and

(b) declare the result of any vote on a by-law or question.

Examination of documents and materials

(5) Despite subsection 88 (6) (records), the clerk may, if he or she considers it necessary in order to interpret the statement of results, examine any of the documents and materials in a ballot box in the presence of the relevant deputy returning officer.

Recounts

Recount, tied vote

56. (1) The clerk shall hold a recount,

(a) of the votes for two or more candidates who receive the same number of votes and cannot both or all be declared elected to the office;

(b) of the votes on a by-law, if the votes for the affirmative and negative are equal;

(c) of the votes for two or more answers to a question, if the votes are equal.

Time for recount

(2) The recount shall be held within 10 days after the clerk's declaration of the results of the election.

Recount for municipality, local board or Minister

57. (1) Within 30 days after the clerk's declaration of the results,

(a) the council of a municipality may pass a resolution requiring a recount of the votes cast,

(i) for all or specified candidates for an office on the council,

(ii) for all or specified answers to a question submitted by the council,

(iii) for and against a by-law submitted by the council;

(b) a local board may pass a resolution requiring a recount of the votes cast,

(i) for all or specified candidates for an office on the local board, or

(ii) for all or specified answers to a question submitted by the local board;

(c) the Minister may make an order requiring a recount of the votes cast for all or specified answers to a question submitted by him or her.

Recount

(2) The clerk shall hold a recount in accordance with the resolution or order, within 10 days after it is passed or made.

Application for order for recount

58. (1) A person who is entitled to vote in an election and has reasonable grounds for believing the election results to be in doubt may apply to the Ontario Court (General Division) for an order that the clerk hold a recount.

Time for application

(2) The application shall be commenced within 30 days after the clerk's declaration of the results of the election.

Order, notice

(3) If satisfied that there are sufficient grounds for it, the court shall make an order requiring the clerk to hold a recount of the votes cast for all or specified candidates, on a by-law, or for all or specified answers to a question, and shall give the clerk a copy of the order as soon as possible.

Time for recount

(4) The recount shall be held within 10 days after the day the clerk receives a copy of the order.

Procedures

(5) The Minister may by regulation establish procedures for applications under this section.

Problems re voting and vote-counting equipment

(6) A request for a recount due to problems related to voting and vote-counting equipment may be made only under this section.

Inclusion of related recount

59. The clerk may conduct, as part of a recount under section 56, 57 or 58 that relates to an office, a recount of the votes cast for another candidate for that office.

Manner of doing recount

60. (1) A recount under section 56, 57 or 58 shall be conducted in the same manner as the original count, whether manually or by vote-counting equipment, subject to subsection (3).

Prescribed rules

(2) A recount shall be conducted in accordance with the prescribed rules, subject to subsection (3).

Order specifying different manner of doing recount

(3) If the judge who orders a recount under section 58 is of the opinion that the manner in which the original count was conducted caused or contributed to the doubtful result, he or she may, in the order, provide that the recount shall be held in a different manner and specify the manner.

Who may be present at recount, election to office

61. (1) The following persons may be present at a recount under section 56, 57 or 58 that relates to an office:

1. The clerk and any other election official appointed for the recount.

2. Every certified candidate for the office.

3. The applicant, in the case of a recount ordered under section 58.

4. For each person referred to in paragraphs 2 and 3,

i. a lawyer, and

ii. one scrutineer for each recount station established by the clerk.

Same, by-law or question

(2) The following persons may be present at a recount that relates to a by-law or question:

1. The clerk and any other election official appointed for the recount.

2. The scrutineers appointed by the municipality or local board or by the Minister, as the case may be.

3. The applicant, in the case of a recount ordered under section 58.

4. For the applicant referred to in paragraph 3,

i. a lawyer, and

ii. one scrutineer for each recount station established by the clerk.

Number of scrutineers re by-law

(3) If the vote is on a by-law and scrutineers are to be appointed under subsection 16 (2),

(a) equal numbers of scrutineers shall be appointed to represent supporters and opponents of the by-law; and

(b) one scrutineer representing supporters and one representing opponents may be present for each recount station establishd by the clerk.

Number of scrutineers re question

(4) If the vote is on a question and scrutineers are to be appointed under subsections 16 (2) and (3),

(a) equal numbers of scrutineers shall be appointed for each possible answer to the question; and

(b) one scrutineer for each of the possible answers may be present for each recount station established by the clerk.

Examination of ballot

(5) A person referred to in paragraph 2, 3 or 4 of subsection (1) or (2) is entitled,

(a) to examine each ballot as the votes are being counted by the clerk (but not to touch the ballot); and

(b) to dispute the validity of a ballot or the counting of votes in a ballot.

Determination of disputes

(6) The clerk shall determine a dispute referred to in clause (5) (b).

Other persons

(7) Any other person may also be present at the recount with the clerk's permission.

Duty of clerk

62. (1) When the recount is complete, the clerk shall,

(a) announce the result of the recount; and

(b) if there are disputed ballots,

(i) announce the number of them,

(ii) announce the result that would be obtained if the disputed ballots were excluded, and

(iii) write the number of the voting place on the back of and initial each disputed ballot, place them in a separate envelope clearly marked so as to indicate its contents, and seal the envelope.

Who may be present

(2) Any persons described in subsections 61 (1), (2) and (7) who are at the recount are entitled to be present while the clerk acts under subsection (1).

Tied vote

(3) If the recount indicates that two or more candidates who cannot both or all be declared elected to an office have received the same number of votes, the clerk shall choose the successful candidate or candidates by lot.

Declaration by clerk

(4) If no application has been made for a judicial recount under section 63 the clerk shall, on the 16th day after the recount is completed, declare the successful candidate or candidates elected or declare the result of the vote with respect to a by-law or question, as the case may be.

Application for judicial recount

63. (1) A person described in subsection (2) who disputes the validity of a ballot or of the counting of votes in a ballot may, within 15 days after the clerk declares the result, apply to the Ontario Court (General Division) for a recount limited to the disputed ballots.

Who may apply

(2) Subsection (1) applies to a certified candidate, an applicant under section 58 or, in the case of a by-law or question, the municipality or local board or the Minister, as the case may be.

Notice of application

(3) Notice of the application shall be served on the clerk and, if the application concerns an office, on each certified candidate.

Summary procedure

(4) The application shall be dealt with in a summary manner, without application records or factums; the recount itself forms part of the hearing of the application.

Clerk to attend and provide materials

(5) The clerk shall attend the recount and provide the court with,

(a) a certified copy of the result of the recount conducted by the clerk;

(b) a certified copy of the result of the recount conducted by the clerk excluding the disputed ballots;

(c) the sealed envelope containing the disputed ballots from the recount conducted by the clerk; and

(d) any other documents relating to the election that are relevant to the application.

Duty of court

(6) The court shall conduct the recount by,

(a) determining the validity of the disputed ballots or of the counting of votes in any disputed ballots; and

(b) recalculating the result of the election using the determinations made under clause (a) and the certified results referred to in clause (5) (b).

Who may be present

(7) Any persons who were present at the recount under section 56, 57 or 58 are entitled to be present at the hearing and recount under this section.

Order

(8) When the recount is complete the court shall,

(a) make an order incorporating its decisions under subsection (6);

(b) announce to the persons present,

(i) the result of the recount, and

(ii) how the court dealt with the disputed ballots;

(c) place the disputed ballots in the original envelope and reseal it; and

(d) return to the clerk the material provided under subsection (5).

Copy of order

(9) The court shall give a certified copy of the order to the clerk.

Tied vote

(10) If the recount indicates that two or more candidates who cannot both or all be declared elected to an office have received the same number of votes, the clerk shall choose the successful candidate or candidates by lot.

Declaration

(11) After receiving the order, the clerk shall declare the successful candidate or candidates to be elected or declare the result of the vote with respect to a by-law or question, as the case may be.

Right to sit pending final disposition

64. (1) A candidate who has been declared elected under section 55 is entitled to sit and vote on the council or local board until the recount and all applications under this Act have been finally disposed of and a different candidate has been declared elected.

Decisions unaffected

(2) Decisions of a council or local board in which a candidate described in subsection (1) has participated are unaffected even if another candidate is afterwards declared elected as the result of a recount.

By-Elections

By-elections

65. (1) The clerk shall conduct by-elections in accordance with this section.

No by-election after March 31 in year of regular election

(2) Despite any Act, no by-election shall be held to fill an office that becomes vacant after March 31 in the year of a regular election.

Act applies

(3) Subject to subsections (4) and (5), by-elections shall be conducted as far as possible in the same way as regular elections.

Rules, by-election to office

(4) If a by-election is to be held for an office, the following rules apply:

1. The clerk shall fix the date of nomination day, to be a day not more than 30 days after,

i. a court orders a by-election,

ii. the council of the clerk's municipality passes a by-law indicating a by-election is required, or the clerk receives a copy of such a by-law from another municipality whose elections he or she is responsible for conducting,

iii. the clerk receives from a local board whose elections he or she is reponsible for conducting a copy of a resolution indicating a by-election is required,

iv. the Minister orders a by-election under section 48 of the Municipal Act,

v. a candidate dies under the circumstances described in clause (b) of section 39, or

vi. the last acclamations are declared under section 37, if the by-election is required by subsection 37 (3) or (4).

2. Nominations may be filed during the period that begins on the date of the event described in paragraph 1 and ends at 5 p.m. on nomination day.

3. Voting day shall be 31 days after nomination day.

4. The voters' list shall be prepared as follows:

i. the clerk shall notify the assessment commissioner that a by-election is required,

ii. the assessment commissioner shall, before nomination day, give the clerk the preliminary list or the part of it that is required for the by-election, updated to the date he or she received the clerk's notice,

iii. the clerk shall make corrections to the preliminary list under section 22 as soon as possible after receiving the list, and

iv. the corrected list constitutes the voters' list.

5. Applications to revise the voters' list may be made under section 24 or 25 during the period that begins when the clerk has made corrections as described in subparagraph iii of paragraph 4 and ends at the close of voting on voting day.

6. For the purposes of section 17, the qualification period begins on the date of the event described in paragraph 1 and ends at the close of voting on voting day.

Rules, question or by-law

(5) If the by-election relates to a question or by-law, the following rules apply, subject to subsection (6):

1. The clerk shall fix the date of voting day, to be a day not more than 60 days after,

i. the council of the clerk's municipality passes a by-law indicating a by-election is required, or the clerk receives a copy of such a by-law from another municipality whose elections he or she is responsible for conducting,

ii. the clerk receives from a local board whose elections he or she is reponsible for conducting a copy of a resolution indicating a by-election is required,

iii. the clerk receives an order from the Minister indicating a by-election is required.

2. Despite rule 1, in the case of a question under section 53 or 54 of the Liquor Licence Act, the date of voting day is fixed by the council of the municipality with the approval of the Liquor Licence Board of Ontario under section 55 of that Act.

3. The rules relating to the voters' list are the same as in paragraphs 4 and 5 of subsection (4).

4. For the purposes of section 17, the qualification period begins on the date of the event described in paragraph 1 and ends at the close of voting on voting day.

Combination

(6) If a by-election for an office and a by-election that relates to a by-law or question are to be conducted at the same time, both shall be conducted in accordance with subsection (4), subject to paragraph 2 of subsection (5).

Election Campaign Finances

Contributions

66. (1) For the purposes of this Act, money, goods and services given to and accepted by or on behalf of a person for his or her election campaign are contributions.

Additional rules

(2) Without restricting the generality of subsection (1), the following rules apply in determining whether an amount is a contribution:

1. The following amounts are contributions:

i. an amount charged for admission to a fund-raising function,

ii. if goods and services are sold at a fund-raising function for more than their market value, the difference between the amount paid and market value,

iii. if goods and services used in a person's election campaign are purchased for less than their market value, the difference between the amount paid and market value, and

iv. any unpaid but guaranteed balance in respect of a loan under section 75.

2. The following amounts are not contributions:

i. the value of services provided by voluntary unpaid labour,

ii. the value of services provided voluntarily, under the person's direction, by an employee whose compensation from all sources for providing them does not exceed the compensation the employee would normally receive for the period the services are provided,

iii. an amount of $10 or less that is donated at a fund-raising function,

iv. the value of political advertising provided without charge on a broadcasting undertaking as defined in section 2 of the Broadcasting Act (Canada), if,

A. it is provided in accordance with that Act and the regulations and guidelines made under it, and

B. it is provided equally to all candidates for office on the particular council or local board,

v. the amount of a loan under section 75.

Value of goods and services

(3) The value of goods and services provided as a contribution is,

(a) if the contributor is in the business of supplying these goods and services, the lowest amount the contributor charges the general public in the same market area for similar goods and services provided at or about the same time;

(b) if the contributor is not in the business of supplying these goods and services, the lowest amount a business providing similar goods or services charges the general public for them in the same market area at or about the same time.

Expenses

67. (1) For the purposes of this Act, costs incurred for goods or services by or on behalf of a person wholly or partly for use in his or her election campaign are expenses.

Additional rules

(2) Without restricting the generality of subsection (1), the following amounts are expenses:

1. The replacement value of goods retained by the person from any previous election and used in the current election.

2. The value of contributions of goods and services.

3. Audit and accounting fees.

4. Interest on loans under section 75.

5. The cost of holding fund-raising functions.

6. The cost of holding parties and making other expressions of appreciation after the close of voting.

7. Expenses relating to a recount.

8. Expenses relating to proceedings under section 83 (controverted elections).

9. The nomination filing fee referred to in section 33.

Same

(3) The expenses described in paragraphs 7 and 8 of subsection (2) include expenses relating to recounts and proceedings under section 83 (controverted elections) from a previous election for an office on the same council or local board, if the expenses were incurred after the person's election campaign period for that office in the previous election ended under subparagraph ii of paragraph 4 or subparagraph ii of paragraph 5 of subsection 68 (1).

Election campaign period

68. (1) For the purposes of this Act, a candidate's election campaign period for an office shall be determined in accordance with the following rules:

1. The election campaign period begins on the day he or she files a nomination for the office under section 33.

2. The election campaign period ends on December 1 in the case of a regular election and 15 days after voting day in the case of a by-election.

3. Despite rule 2, the election campaign period ends,

i. on the day the nomination is withdrawn under section 36 or deemed to be withdrawn under subsection 29 (2), or

ii. on nomination day, if the nomination is rejected under section 35.

4. Despite rules 2 and 3, if the candidate has a deficit at the time the election campaign period would otherwise end, it continues until the earliest of the following:

i. the day further contributions eliminate the deficit,

ii. the day he or she is nominated in a subsequent election for an office on the council or local board in respect of which the deficit was incurred,

iii. the day the candidate notifies the clerk in writing that he or she will not accept further contributions.

5. If, after the election campaign period ends under rule 2, 3 or 4, the candidate incurs expenses relating to a recount or to a proceeding under section 83 (controverted elections), the election campaign period shall be deemed to have recommenced, subject to subsection (2), immediately before those expenses were incurred, and continues until the earliest of the following:

i. the day the total of A and B equal the total of C and D, where

A = any amount released to the candidate under subsection 79 (7),

B = any further contributions,

C = the expenses incurred after the election campaign period recommences,

D = the amount of the candidate's deficit, if any, before the election campaign period recommenced,

ii. the day he or she is nominated in a subsequent election for an office on the council or local board in respect of which the expenses referred to in subparagraph i were incurred,

iii. the day the candidate notifies the clerk in writing that he or she will not accept further contributions.

Same

(2) An election campaign period that has ended under subparagraph ii of paragraph 4 or subparagraph ii of paragraph 5 of subsection (1) cannot recommence under paragraph 5.

Multiple and combined campaigns

(3) The following rules apply if a person is a candidate, at different times in the same election, for more than one office on the same council or local board:

1. The person's campaigns for offices for which the election is conducted by general vote shall be deemed to be one campaign for the last office for which he or she is nominated, but the election campaign period begins on the day of the first nomination.

2. Each campaign for an office for which the election is conducted by ward is a separate campaign.

Duties of candidate

69. (1) A candidate shall ensure that,

(a) one or more campaign accounts are opened at a financial institution, exclusively for the purposes of the election campaign and in the name of the candidate's election campaign;

(b) all contributions of money are deposited into the campaign accounts;

(c) all payments for expenses are made from the campaign accounts;

(d) contributions of goods or services are valued;

(e) receipts are issued for every contribution and obtained for every expense;

(f) records are kept of,

(i) the receipts issued for every contribution,

(ii) the value of every contribution,

(iii) whether a contribution is in the form of money, goods or services, and

(iv) the contributor's name and address;

(g) records are kept of every expense including the receipts obtained for each expense;

(h) records are kept of any claim for payment of an expense that the candidate disputes or refuses to pay;

(i) records are kept of the gross income from a fund-raising function and the gross amount of money received at a fund-raising function by donations of $10 or less;

(j) records are kept of any loan and its terms under section 75;

(k) financial filings are made in accordance with section 78;

(l) proper direction is given to the persons who are authorized to incur expenses and accept or solicit contributions on behalf of the candidate;

(m) a contribution of money made or received in contravention of this Act is returned to the contributor as soon as possible after the candidate becomes aware of the contravention;

(n) a contribution not returned to the contributor under clause (m) is paid to the clerk with whom the candidate's nomination was filed; and

(o) an anonymous contribution is paid to the clerk with whom the candidate's nomination was filed.

Contributions paid to clerk

(2) Contributions paid to the clerk under clause (1) (n) or (o) become the property of the local municipality.

Contributions only after nomination

70. (1) A contribution shall not be made to or accepted by or on behalf of a person unless he or she is a candidate.

Only during election campaign period

(2) A contribution shall not be made to or accepted by or on behalf or a candidate outside his or her election campaign period.

Who may contribute

(3) Only the following may make contributions:

1. An individual who is normally resident in Ontario.

2. A corporation that carries on business in Ontario.

3. A trade union that holds bargaining rights for employees in Ontario.

4. Subject to subsection (5), the candidate and his or her spouse.

Same

(4) For greater certainty, and without limiting the generality of subsection (3), the following shall not make a contribution:

1. A federal political party registered under the Canada Elections Act (Canada) or any federal constituency association or registered candidate at a federal election endorsed by that party.

2. A provincial political party, constituency association, registered candidate or leadership contestant registered under the Election Finances Act.

3. A municipality or local board.

Non-resident candidate, spouse

(5) If not normally resident in Ontario, a candidate and his or her spouse may make contributions only to the candidate's election campaign.

Who may accept contribution

(6) A contribution may be accepted only by a candidate or an individual acting under the candidate's direction.

Contributors

(7) A contribution may be accepted only from a person or entity that is entitled to make a contribution.

Cash

(8) A contribution of money in cash that exceeds $25 shall not be made to or accepted by or on behalf of a candidate.

Maximum, each candidate

71. (1) A contributor shall not make contributions exceeding a total of $750 to any one candidate in an election.

More than one office

(2) If a person is a candidate for more than one office, a contributor's total contributions to him or her in respect of all the offices shall not exceed $750.

Maximum, all candidates

(3) A contributor shall not make contributions exceeding a total of $5,000 to candidates for offices on any one council or local board in an election.

Exception, candidates and spouses

(4) Subsections (1), (2) and (3) do not apply to contributions made to a candidate's own election campaign by the candidate or his or her spouse.

Associated corporations

72. For the purposes of sections 66 to 82, corporations that are associated with one another under section 256 of the Income Tax Act (Canada) shall be deemed to be a single corporation.

Restrictions re fund-raising functions

73. A fund-raising function shall not be held,

(a) for a person who is not a candidate; or

(b) outside the candidate's election campaign period.

Restriction: use of own money

74. (1) A contributor shall not make a contribution of money that does not belong to the contributor.

Exception, will

(2) Subsection (1) does not apply to the personal representative of a deceased person whose will directs that a contribution be made to a named candidate out of the funds of the estate.

Campaign account loan

75. (1) A candidate and his or her spouse may obtain a loan from a bank or other recognized lending institution in Ontario, to be paid directly into the candidate's campaign account.

Who may guarantee

(2) No person other than the candidate and the spouse shall guarantee the loan.

Expenses only after nomination

76. (1) An expense shall not be incurred by or on behalf of a person unless he or she is a candidate.

Only during election campaign period

(2) An expense shall not be incurred by or on behalf of a candidate outside his or her election campaign period.

Who may incur expense

(3) An expense may only be incurred by a candidate or an individual acting under the candidate's direction.

Amount

(4) During the period that begins on the day a candidate is nominated under section 33 and ends on voting day, his or her expenses shall not exceed,

(a) in the case of the office of head of council of a municipality, a total amount of,

(i) $5,500, and

(ii) 50 cents for each elector entitled to vote for the office; and

(b) in the case of any other office, a total amount of,

(i) $3,500, and

(ii) 50 cents for each elector entitled to vote for the office.

Exception

(5) Subsection (4) does not apply in respect of expenses described in paragraphs 3 to 9 of subsection 67 (2).

Number of electors

(6) For the purpose of subsection (4), the number of electors shall be determined from the voters' list as it exists on nomination day, adjusted for applications under sections 24 and 25 that are approved as of that day.

Duty of clerk

(7) Within 10 days after nomination day, the clerk shall,

(a) calculate the maximum permitted by subsection (4) for each office for which nominations were filed with him or her; and

(b) give a certificate of the applicable maximum to each candidate.

Clerk's calculation final

(8) The clerk's calculation is final.

Filing dates and reporting periods

77. For the purposes of sections 66 to 82,

(a) the filing date is,

(i) in the case of a regular election, the following January 31,

(ii) in the case of a by-election, 60 days after voting day;

(b) a supplementary filing date is the date that is one month after the end of a supplementary reporting period; and

(c) a supplementary reporting period is,

(i) in the case of a regular election, each three-month period following December 1 in the year of the election,

(ii) in the case of a by-election, each three-month period following the 15th day after voting day.

Financial statement and auditor's report

78. (1) On or before the filing date, a candidate shall file with the clerk with whom the nomination was filed a financial statement and auditor's report, each in the prescribed form, reflecting the candidate's election campaign finances,

(a) in the case of a regular election, as of December 1 in the year of the election;

(b) in the case of a by-election, as of the 15th day after voting day.

Supplementary financial statement and auditor's report

(2) If the candidate's election campaign period continues during all or part of a supplementary reporting period, he or she shall, on or before the corresponding supplementary filing date, file a supplementary financial statement and auditor's report for the supplementary reporting period.

Same

(3) A supplementary financial statement or auditor's report shall update the previous statement or report filed under this section, as the case may be, to reflect the changes to the candidate's election campaign finances during the supplementary reporting period.

Auditor

(4) An auditor's report shall be prepared by an auditor licensed under the Public Accountancy Act.

Exception re auditor's report

(5) No auditor's report is required if the total contributions received and total expenses incurred in the election campaign up to the end of the relevant period are each equal to or less than $10,000.

Notice by clerk

(6) At least 30 days before the filing date, the clerk shall give every candidate whose nomination was filed with him or her notice of all the filing requirements of this section.

Surplus and deficit

79. (1) A candidate has a surplus if the total credits, as described in subsection (2), exceed the total debits, as described in subsection (3), and a deficit if the reverse is true.

Total credits

(2) For the purposes of subsection (1), the total credits are the sum of,

(a) the candidate's contributions under section 66;

(b) any amounts equal to or less than $10 that were donated at fund-raising functions;

(c) interest earned on campaign accounts;

(d) revenue from the sale of election materials; and

(e) any amount released to the candidate under subsection (8).

Total debits

(3) For the purposes of subsection (1), the total debits are the sum of,

(a) the candidate's expenses under section 67; and

(b) any deficit from the candidate's election campaign, if any, at the previous regular election or a subsequent by-election, if that campaign related to an office on the same council or local board as the present campaign.

Surplus held in trust by clerk

(4) If the candidate's financial statement or supplementary financial statement shows a surplus exceeding $500 and the election campaign period has ended at the time the statement is filed he or she shall, when the statement is filed, pay the total surplus to the clerk with whom the candidate's nomination was filed, and the clerk shall hold the amount in trust for the candidate.

Exception

(5) Despite subsection (4), the amount to be paid to the clerk shall be reduced by the amount of any refund under subsection (6); if the reduced amount is $500 or less, no payment need be made to the clerk under subsection (4).

Refund

(6) If a candidate who has a surplus or his or her spouse has made contributions to the election campaign, the candidate may, after the election campaign period ends but before filing the financial statement or supplementary financial statement, as the case may be, refund to himself or herself or to the spouse, as the case may be, an amount that does not exceed the lesser of,

(a) the relevant contributions;

(b) the surplus.

Release of amount if campaign recommences

(7) If the candidate's election campaign period recommences under rule 5 of subsection 68 (1), the clerk shall pay the amount held in trust to the candidate, with interest.

Release of amount at next regular election

(8) If, in the next regular election or in an earlier by-election, the candidate is nominated for an office on the same council or local board, the clerk shall pay the amount held in trust to the candidate, with interest.

Amount to become property of municipality or local board

(9) If subsection (8) does not apply, the amount becomes the property of the municipality or local board, as the case may be.

By-law or resolution under subs. 82 (4)

(10) Subsections (7) and (8) do not apply to an amount that has become the property of the municipality or local board by virtue of a by-law or resolution made under subsection 82 (4).

Additional penalties

80. (1) A candidate is subject to the penalties listed in subsection (2), in addition to any other penalty that may be imposed under this Act, if,

(a) he or she fails to file a document as required under section 78 by the relevant date;

(b) a document filed under section 78 shows a surplus, as described in section 79, and the candidate fails to pay the amount required by section 79 to the clerk by the relevant date; or

(c) a document filed under section 78 shows on its face that the candidate has incurred expenses exceeding what is permitted under section 76.

Same

(2) The following penalties apply:

1. The candidate forfeits any office to which he or she was elected and the office shall be deemed to be vacant.

2. Until the next regular election has taken place, the candidate is ineligible to be elected or appointed to any office to which this Act applies.

Notice

(3) Within five days after a default described in subsection (1), the clerk with whom the candidate's nomination was filed shall send a notice of the default to the candidate and to the relevant council or local board, by registered mail.

Same

(4) The notice shall be deemed to have been received on the fifth day after mailing.

Effective date

(5) The penalties take effect,

(a) if the candidate's application under subsection (6) is refused, on the day it is refused;

(b) if the candidate does not apply under subsection (6), on the 12th day after the notice is mailed.

Application

(6) The candidate may, on or before the 11th day after the notice is mailed, apply to the Ontario Court (Provincial Division) for a declaration that the penalties do not apply to him or her.

Criteria

(7) The court shall make the declaration if it is satisfied that the candidate, acting in good faith, committed the default inadvertently or because of an error in judgment.

Application for compliance audit

81. (1) An elector who is entitled to vote in an election and believes on reasonable grounds that a candidate has contravened a provision of this Act relating to election campaign finances may apply for a compliance audit of the candidate's election campaign finances.

Requirements

(2) The application shall be made to the clerk of the municipality or the secretary of the local board for which the candidate was nominated for office, within 90 days after the filing date or the candidate's supplementary filing date, if any; it shall be in writing and shall set out the reasons for the elector's belief.

Decision

(3) Within 30 days after receiving the application, the council or local board, as the case may be, shall consider the application and decide whether it should be granted or rejected.

Appointment of auditor

(4) If the council or local board decides to grant the application it shall, by resolution, appoint an auditor to conduct a compliance audit of the candidate's election campaign finances.

Licensed auditor

(5) Only an auditor who is licensed under the Public Accountancy Act may be appointed under subsection (4).

Duty of auditor

(6) An auditor appointed under subsection (4) shall promptly conduct an audit of the candidate's election campaign finances to determine whether he or she has complied with the provisions of this Act relating to election campaign finances and prepare a report outlining any apparent contravention by the candidate.

Who receives report

(7) The auditor shall submit the report to,

(a) the candidate;

(b) the council or local board;

(c) the clerk with whom the candidate filed his or her nomination; and

(d) the applicant.

Powers of auditor

(8) For the purpose of the audit, the auditor,

(a) is entitled to have access, at all reasonable hours, to all relevant books, papers, documents or things of the candidate and of the municipality or local board; and

(b) has the powers of a commission under Part II of the Public Inquiries Act, which Part applies to the audit as if it were an inquiry under that Act.

Costs

(9) The municipality or local board shall pay the auditor's costs of performing the audit.

Consideration of report, legal proceeding

(10) The council or local board shall consider the report within 30 days after receiving it and may commence a legal proceeding against the candidate for any apparent contravention of a provision of this Act relating to election campaign finances.

Recovery

(11) If the report indicates that there was no apparent contravention and the council or local board finds that there were no reasonable grounds for the application, the council or local board is entitled to recover the auditor's costs from the applicant.

Immunity

(12) No action or other proceeding for damages shall be instituted against an auditor appointed under this section for any act done in good faith in the execution or intended execution of the audit or for any alleged neglect or default in its execution in good faith.

By-law re contribution rebates

82. (1) A municipality may, by by-law, provide for the payment of rebates to persons who made contributions to candidates for office on the municipal council.

Same, resolution

(2) A local board may, by resolution, provide for the payment of rebates to persons who made contributions to candidates for office on the local board.

Same

(3) The by-law or resolution shall establish the conditions under which a person is entitled to a rebate.

Same

(4) The by-law or resolution may provide for the payment of different amounts to different persons on any basis.

Same

(5) The by-law or resolution may provide that all or part of the amounts held in trust under section 79 become the property of the municipality or local board, as the case may be.

Controverted Elections

Application

83. (1) A person who is entitled to vote in an election may make an application to the Ontario Court (General Division) requesting that it determine,

(a) whether the election is valid;

(b) whether a person's election to an office in the election is valid;

(c) if a person's election to an office is not valid, whether another person was validly elected or is entitled to the office;

(d) if an election is not valid or a person's election to an office is not valid, whether a by-election should be held.

Time

(2) The application shall be commenced within 90 days after voting day.

Summary procedure

(3) The application shall be dealt with in a summary manner, without application records or factums.

No other avenue

(4) A proceeding to determine a matter described in clause (1) (a), (b), (c) or (d) may be commenced only under subsection (1).

Compensation

(5) If the court orders that a by-election be held, it may make such order as it considers just against a person whose act or omission unlawfully affected the result of the election, for the compensation of candidates at that election.

Effect of procedural irregularities

(6) The court shall not determine an election to be invalid if,

(a) an irregularity described in subsection (7) occurred at the election but did not affect the result of the election; and

(b) the election was conducted in accordance with the principles of this Act.

Same

(7) Clause (6) (a) applies to the following irregularities:

1. An irregularity on the part of the clerk or in any of the procedures before voting day.

2. Failure to have a voting place open at the appointed location and time.

3. Non-compliance with a provision of this Act or of a regulation, by-law, resolution or procedure made, passed or established under this Act, dealing with voting, counting of votes or time requirements.

4. A mistake in the use of forms, whether prescribed or not.

Disclaimer before application

84. (1) A person who has been elected to an office may, within 90 days after voting day and before an application questioning his or her election is made under clause 83 (1) (b), disclaim all right to the office.

Manner of making disclaimer

(2) The disclaimer shall be made in writing and delivered to the clerk who conducted the election.

Disclaimer after application

(3) A person whose election is questioned in an application under clause 83 (1) (b) may, within seven days after being served with the application, disclaim all right to the office.

Manner of making disclaimer

(4) The disclaimer shall be made in writing and delivered to,

(a) the court;

(b) the applicant or his or her lawyer; and

(c) the clerk who conducted the election.

Duty of clerk

(5) When the clerk receives a disclaimer under subsection (1) or (3), he or she shall immediately communicate it to the council or to the secretary of the local board, as the case may be.

Resignation

(6) The disclaimer operates as a resignation and takes effect when the clerk receives it.

Effect on liability for costs

(7) The disclaimer relieves the person making it from any liability for costs in an application under subsection 83 (1) that are incurred after the court receives the disclaimer.

Substitution of applicant

85. (1) If the applicant is not qualified under subsection 83 (1) the court may, on any person's motion, order that another person who is so qualified be substituted as applicant, on any conditions the court considers proper.

Time

(2) The motion may be made at any time before or during the hearing of the application, with leave of the court.

Applicant's death

(3) If the applicant dies before the court hears the application, it shall be deemed to have been dismissed, unless the court makes an order under subsection (1), which applies with necessary modifications; the court may award costs of the application despite the deemed dismissal.

Appeal

86. (1) An order made under subsection 83 (1) may be appealed to the Divisional Court.

Power of Divisional Court

(2) The Divisional Court may make an order under subsection 83 (1) or, if it is necessary to take evidence, may order a new hearing.

New hearing

(3) If the Divisional Court orders a new hearing,

(a) it may order that the hearing be held by the judge who held the original hearing, or by another judge of the General Division; and

(b) unless the Divisional Court orders otherwise, the order made on the new hearing may be appealed under subsection (1) as if it had been the first hearing.

Matters pending appeal

87. (1) When an order is made under subsection 83 (1) determining a person's election to an office to be invalid, the person is entitled to sit and vote on the council or local board until,

(a) the appeal period expires without an appeal being filed; or

(b) if an appeal is filed, it is finally disposed of.

Effect of subsequent disqualification

(2) Decisions of a council or local board in which a person described in subsection (1) has participated are unaffected even if it is determined that another person was validly elected or entitled to the office.

Time for by-election

(3) A by-election that would be required as a result of the order shall not be held until,

(a) the appeal period expires without an appeal being filed; or

(b) if an appeal is filed, it is finally disposed of.

Election Records

90-day retention period

88. (1) The clerk shall retain the ballots and all other documents and materials related to an election for 90 days after declaring the results of the election under section 55.

Destruction of records

(2) When the 90-day period has elapsed, the clerk,

(a) shall destroy the ballots, in the presence of two witnesses; and

(b) may destroy any other documents and materials related to the election.

Exception, recount

(3) However, the clerk shall not destroy the ballots, documents or materials if,

(a) a court orders that they be retained; or

(b) a recount has been commenced and not finally disposed of.

Exception, election campaign finance documents

(4) Subsection (2) does not apply to documents filed under section 78 (financial statement and auditor's report), which the clerk shall retain until the members of the council or local board elected at the next regular election have taken office.

Public records

(5) Despite anything in the Municipal Freedom of Information and Protection of Privacy Act, documents and materials filed with or prepared by the clerk or any other election official under this Act are public records and, until their destruction, may be inspected by any person at the clerk's office at a time when the office is open.

Exception

(6) However, a person is not entitled to inspect the contents of a ballot box unless authorized to do so by a court order.

Extracts and copies

(7) A person inspecting documents under this section is entitled to make extracts from them and, on payment of the fee established by the clerk, to make copies of them.

Fees for copies

(8) The fee established for copies shall not exceed the lowest rate the clerk charges for copies of other documents.

Grounds for order

(9) The court presiding over a proceeding in respect of a recount, a proceeding in respect of an offence under this Act or a proceeding under section 83 (controverted elections) may make an order under clause (3) (a) or subsection (6) if satisfied that the documents are or may be required for the proceeding.

Restrictions

(10) No person shall use information obtained from public records described in subsection (5), except for election purposes.

Voters' list

(11) A voters' list prepared under this Act shall not be posted in a public place.

Corrupt Practices and Other Offences, Penalties and Enforcement

Offences

89. A person is guilty of an offence and liable, on conviction, to a fine of not more than $5,000, if he or she,

(a) votes without being entitled to do so;

(b) votes more times than this Act allows;

(c) votes in a voting place in which he or she is not entitled to vote;

(d) induces or procures a person to vote when that person is not entitled to do so;

(e) having appointed a voting proxy that remains in force, votes otherwise than by the proxy;

(f) having been appointed a voting proxy, votes under the authority of the proxy when the elector has cancelled the proxy, is no longer entitled to vote or has died;

(g) before or during an election, publishes a false statement of a candidate's withdrawal;

(h) furnishes false or misleading information to a person whom this Act authorizes to obtain information;

(i) without authority, supplies a ballot to anyone;

(j) delivers to the deputy returning officer to be placed in a ballot box a paper other than the ballot the deputy returning officer gave him or her;

(k) takes a ballot away from the voting place;

(l) at an election, takes, opens or otherwise deals with a ballot, a ballot box, or a book or package of ballots without having authority to do so;

(m) attempts to do something described in clauses (a) to (l).

Corrupt practices: certain offences committed knowingly

90. (1) If, when a person is convicted of an offence under section 89, the presiding judge finds that the offence was committed knowingly, the offence also constitutes a corrupt practice and the person is liable, in addition to any other penalty, for imprisonment for a term of not more than six months.

Corrupt practices: bribery

(2) An offence described in subsection (3) constitutes a corrupt practice and a person who commits it is liable, on conviction, to a fine of not more than $5,000, or to imprisonment for not more than six months, or to both, and is disqualified from voting at an election until the fourth anniversary of voting day.

Same

(3) No person shall, directly or indirectly,

(a) offer, give, lend, or promise or agree to give or lend any valuable consideration, in connection with the exercise or non-exercise of an elector's vote;

(b) advance, pay or cause to be paid money intending that it be used to commit an offence referred to in clause (a), or knowing that it will be used to repay money used in that way;

(c) give, procure or promise or agree to procure an office or employment in connection with the exercise or non-exercise of an elector's vote;

(d) apply for, accept or agree to accept any valuable consideration or office or employment in connection with the exercise or non-exercise of an elector's vote;

(e) give, procure or promise or agree to procure an office or employment to induce a person to become a candidate, refrain from becoming a candidate or withdraw his or her candidacy.

Corrupt practices by election officials: miscounting votes

(4) A deputy returning officer or other election official who knowingly miscounts the votes or knowingly prepares a false statement of the votes is guilty of an offence that constitutes a corrupt practice and liable, on conviction, to a fine of not more than $5,000, or to imprisonment for not more than six months, or to both.

Same: false ballot

(5) A deputy returning officer who knowingly places in a ballot box a paper that purports to be, but is not, a ballot capable of being used as such at an election, is guilty of an offence that constitutes a corrupt practice and liable, on conviction, to a fine of not more than $5,000, or to imprisonment for not more than six months, or to both.

Neglect of duty

(6) A clerk or other election official who wilfully fails to perform a duty imposed by this Act is guilty of an offence that constitutes a corrupt practice and liable, on conviction, to a fine of not more than $5,000, or to imprisonment for not more than six months, or to both.

Ineligibility, bribery or corrupt practice by candidate

91. (1) If a candidate is convicted of a corrupt practice under this Act, or of an offence under the Criminal Code (Canada) in connection with an act or omission that relates to an election to which this Act applies,

(a) any office to which he or she was elected is forfeited and becomes vacant; and

(b) he or she is ineligible to be nominated for or elected or appointed to any office until the sixth anniversary of voting day.

Exception

(2) However, if the presiding judge finds that the candidate committed the corrupt practice without any intent of causing or contributing to a false outcome of the election, clause (1) (b) does not apply.

Election campaign finance offences, corporations and trade unions

92. (1) A corporation or trade union that contravenes any of sections 70 to 76 is guilty of an offence and, on conviction, is liable to a fine of not more than $25,000.

Same, individuals

(2) An individual who contravenes section 69 or 70 or any of sections 73 to 79 is guilty of an offence and on conviction is liable to a fine of not more than $5,000.

Additional penalty

(3) If the expenses incurred by or on behalf of a candidate exceed the amount determined for the office under section 76, the candidate is liable to a fine equal to the excess, in addition to the fine set out in subsection (2).

Limitation

(4) No prosecution for a contravention of any of sections 69 to 79 shall be commenced more than one year after the facts on which it is based first came to the informant's knowledge.

Offences by candidate

(5) A candidate is guilty of an offence and, on conviction, in addition to any other penalty that may be imposed under this Act, is subject to the penalties described in subsection 80 (2), if he or she,

(a) files a document under section 78 that is incorrect or otherwise does not comply with that section; or

(b) incurs expenses that exceed what is permitted under section 76.

Exception

(6) However, if the presiding judge finds that the candidate, acting in good faith, committed the offence inadvertently or because of an error in judgment, the penalties described in subsection 80 (2) do not apply.

Obstruction, etc.

93. No person shall obstruct a person making an investigation or examination under this Act or withhold, conceal or destroy anything relevant to the investigation or examination.

General offence

94. A person who contravenes a provision of this Act is guilty of an offence and, if no other penalty is provided is liable, on conviction, to a fine of not more than $5,000.

Regulations

Regulations

95. (1) The Minister may, by regulation,

(a) fix the amount of the nomination filing fee referred to in clause 33 (2) (d) and specify the manner in which it shall be paid;

(b) fix the percentage referred to in section 34;

(c) prescribe forms;

(d) prescribe rules for the purpose of section 54 (counting of votes);

(e) prescribe rules for the purpose of section 60 (manner of doing recounts);

(f) prescribe anything referred to in this Act as being prescribed.

General or particular

(2) A regulation made under clause (1) (a), (b) or (c) may be general or particular in its application.

Short title

96. The short title of this Act is the Municipal Elections Act, 1996.