[36] Bill 40 Original (PDF)
B040_E
Bill 40 1998
An Act to amend the Municipal Act to permit a restructuring of the Regional Municipality of Hamilton-Wentworth
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, mediator appointed
25.5 (1) The Minister shall appoint a mediator for the purpose of assisting The Regional Municipality of Hamilton-Wentworth and the area municipalities that form part of the regional municipality to prepare a restructuring proposal to restructure the municipalities in the regional municipality and the regional municipality itself.
Time
(2) The mediator appointed under subsection (1) shall, within 90 days of his or her appointment,
(a) submit to the Minister a restructuring report as described in subsection 25.2 (2); or
(b) inform the Minister that the regional municipality and the area municipalities are unable to agree on a restructuring proposal.
Approval of proposal
(3) A restructuring proposal shall not be submitted under clause (2) (a) unless the proposal has been approved by the councils of the majority of the area municipalities in the regional municipality representing a majority of the population in the regional municipality and by the Regional Council of the regional municipality.
Application of section 25.2
(4) Section 25.2 applies with necessary modifications to a restructuring proposal submitted under clause (2) (a).
Same
(5) For the purposes of the application of section 25.2 to a restructuring proposal submitted under clause (2) (a),
(a) the Regional Area of The Regional Municipality of Hamilton-Wentworth or any part of it shall be deemed to be a locality;
(b) The Regional Municipality of Hamilton-Wentworth and its area municipalities shall be deemed to be municipalities; and
(c) The Regional Municipality of Hamilton-Wentworth shall be deemed to be a county and its area municipalities shall be deemed to be local municipalities.
Implementation of proposal
(6) If a restructuring proposal is submitted by the mediator within the time period referred to in subsection (2), the Minister shall, by order, implement the proposal on or before November 1, 2000. For the purposes of implementing a restructuring proposal, the Minister has the powers that may be exercised under a regulation made under subsection 25.2 (11).
Commission restructuring plan
(7) If the mediator informs the Minister under clause (2) (b) that the regional municipality and the area municipalities are unable to agree on a restructuring proposal, the Minister shall establish a commission to develop a restructuring plan for the regional municipality and its area municipalities.
Date for submission of restructuring plan
(8) The commission shall develop and submit the restructuring plan to the Minister within 60 days of the day the commission is established.
Limitation
(9) A restructuring plan shall not provide for a type of restructuring other than a prescribed type of restructuring.
Implementation
(10) The commission shall ensure that the restructuring plan is implemented on or before November 1, 2000.
Commission orders
(11) The commission may make orders to implement the restructuring plan. For the purposes of implementing the restructuring plan, the commission has the powers that may be exercised under a regulation made under subsection 25.2 (11).
Application
(12) Subsections 25.3 (15) to (17) apply with necessary modifications to an order of the commission made under subsection (11).
Regulations
(13) 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;
(c) establishing types of restructuring;
(d) authorizing the commission to determine its costs and to apportion the costs among the regional municipality and its area municipalities; and
(e) providing that the regional municipality or an area municipality in the regional municipality,
(i) shall not exercise a specified power under any Act,
(ii) shall exercise, in the specified manner, a specified power under any Act, and
(iii) shall obtain the approval of a person or body specified in the regulation before exercising any of its powers under any Act.
Scope
(14) A regulation under subsection (13) may be general or particular in its application.
Procedures
(15) The Minister may require that the commission follow such procedures as the Minister may provide.
Debt
(16) Costs which 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 Municipal Amendment Act (Hamilton-Wentworth Restructuring), 1998.
Copyright © 1998
Office of the Legislative Assembly of Ontario
Toronto, Ontario, Canada.