[36] Bill 32 Original (PDF)
B032_E
Bill 32 1998
An Act to amend the Municipal Act to provide for the restructuring of municipal government in the Greater Hamilton Area
Preamble
The inhabitants of the Towns of Ancaster, Dundas and Flamborough, the Township of Glanbrook and the City of Stoney Creek, in a referendum held on February 8, 1997, voted decisively in favour of retaining the council of their area municipalities.
The councils of The Regional Municipality of Hamilton-Wentworth and its area municipalities have approved a restructuring proposal dated February 23, 1997 that provides for the dissolution of the regional municipality.
No other proposal has received the support of the majority of the councils of the area municipalities or the approval of the inhabitants of the area municipalities in a referendum.
It is desirable to have legislation prepared to implement the restructuring proposal that the councils of the area municipalities have approved.
Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. The Municipal Act is amended by adding the following section:
Hamilton-Wentworth restructuring plan
25.5 (1) Within 30 days following the day on which this section comes into force, the Minister shall establish a commission to prepare the restructuring plan described in subsection (2) for The Regional Municipality of Hamilton-Wentworth and its area municipalities and to draft the necessary legislation to implement the plan.
Contents of plan
(2) The restructuring plan shall provide that,
(a) the regional municipality is dissolved on January 1, 2001;
(b) the powers and duties that the council of the regional municipality has immediately before its dissolution are transferred to the councils of the area municipalities in the manner specified by the proposal dated February 23, 1997 that the councils of the regional municipality and the area municipalities have approved;
(c) despite section 29, the council of the following local municipalities shall be composed of no more than the following number of members:
Municipality
Number of members
Municipalité
Nombre de membres
1.
Town of Ancaster
6
1.
ville d'Ancaster
6
2.
Town of Dundas
7
2.
ville de Dundas
7
3.
Town of Flamborough
7
3.
ville de Flamborough
7
4.
Township of Glanbrook
5
4.
canton de Glanbrook
5
5.
City of Hamilton
13
5.
cité de Hamilton
13
6.
City of Stoney Creek
8
6.
cité de Stoney Creek
8
(d) despite section 29, each of the members of the council of the City of Hamilton who is not the head of the council shall be elected on the basis of one per ward;
(e) the part of the finances of each of the area municipalities that is specified in the proposal described in clause (b) be pooled among the area municipalities in the manner specified by the proposal; and
(f) the other matters contained in the proposal described in clause (b) shall be dealt with.
Limitation
(3) The restructuring plan shall not provide for a type of restructuring that is inconsistent with the proposal described in clause (2) (b).
Date for submission
(4) The commission shall prepare the restructuring plan, draft the necessary legislation to implement it and submit the draft to the Minister within one year of the establishment of the commission.
Introduction of legislation
(5) On or before November 1, 2000, the Minister shall introduce the necessary legislation to implement the restructuring plan.
Regulations
(6) The Minister may, for the purposes of this section, make regulations,
(a) establishing the commission;
(b) providing for the composition of the commission, which may be composed of one person; and
(c) authorizing the commission to determine its costs and to apportion the costs among the regional municipality and its area municipalities.
Debt
(7) Costs that the commission apportions to a municipality are a debt of the municipality to the Crown.
Commencement
2. This Act comes into force on the day it receives Royal Assent.
Short title
3. The short title of this Act is the Greater Hamilton Area Municipal Restructuring Act, 1998.
Copyright © 1998
Office of the Legislative Assembly of Ontario
Toronto, Ontario, Canada.