[37] Bill 25 Royal Assent (PDF)
Bill 25
Bill 251999
An Act to provide for the restructuring of four regional municipalities and to amend the Municipal Act and various other Acts in connection with municipal restructuring and with municipal electricity services
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
City of Greater Sudbury Act, 1999
1.(1)The City of Greater Sudbury Act, 1999, as set out in Schedule A to this Act, is hereby enacted.
Repeal
(2)The following are repealed:
1.The Regional Municipality of Sudbury Act.
2.Paragraph 8 of section 94 of the Municipal Statute Law Amendment Act, 1992.
3.Section 16 and paragraph 8 of subsection 22 (1) of the Municipal Statute Law Amendment Act, 1993.
4.Section 10 of the Municipal and Liquor Licensing Statute Law Amendment Act, 1994.
5.Section 37 of Schedule M to the Savings and Restructuring Act, 1996.
6.Section 93 of the Better Local Government Act, 1996.
7.Section 2 of the Regional Municipality of Sudbury Statute Law Amendment Act, 1997.
8.Section 11 of Schedule E to the Social Assistance Reform Act, 1997.
9.Section 40 of Schedule E to the Energy Competition Act, 1998.
Town of Haldimand Act, 1999
2.(1)The Town of Haldimand Act, 1999, as set out in Schedule B to this Act, is hereby enacted.
Repeal
(2)The following are repealed:
1.The Regional Municipality of Haldimand-Norfolk Act.
2.Paragraph 2 of section 94 of the Municipal Statute Law Amendment Act, 1992.
3.Section 10 and paragraph 3 of subsection 22 (1) of the Municipal Statute Law Amendment Act, 1993.
4.Section 36 of Schedule M to the Savings and Restructuring Act, 1996.
5.Section 87 of the Better Local Government Act, 1996.
6.Section 171 of the Education Quality Improvement Act, 1997.
7.Section 34 of Schedule E to the Energy Competition Act, 1998.
City of Hamilton Act, 1999
3.(1)The City of Hamilton Act, 1999, as set out in Schedule C to this Act, is hereby enacted.
Repeal
(2)The following are repealed:
1.The Regional Municipality of Hamilton-Wentworth Act.
2.Section 34 of the Municipal Statute Law Amendment Act, 1991.
3.Paragraph 4 of section 94 of the Municipal Statute Law Amendment Act, 1992.
4.Section 12 and paragraph 5 of subsection 22 (1) of the Municipal Statute Law Amendment Act, 1993.
5.Section 9 of the Municipal and Liquor Licensing Statute Law Amendment Act, 1994.
6.Sections 30 and 31 of the Ontario Highway Transport Board and Public Vehicles Amendment Act, 1996.
7.Section 89 of the Better Local Government Act, 1996.
8.Section 72 of the Fair Municipal Finance Act, 1997.
9.Section 67 of the Fair Municipal Finance Act, 1997 (No. 2).
10.Section 173 of the Education Quality Improvement Act, 1997.
11.Section 36 of Schedule E to the Energy Competition Act, 1998.
Town of Norfolk Act, 1999
4.The Town of Norfolk Act, 1999, as set out in Schedule D to this Act, is hereby enacted.
City of Ottawa Act, 1999
5.(1)The City of Ottawa Act, 1999, as set out in Schedule E to this Act, is hereby enacted.
Repeal
(2)The following are repealed:
1.The Regional Municipality of Ottawa-Carleton Act.
2.Section 1 of the Regional Municipality of Ottawa-Carleton Statute Law Amendment Act, 1991.
3.The Regional Municipality of Ottawa-Carleton Amendment Act, 1992.
4.Paragraph 6 of section 94 of the Municipal Statute Law Amendment Act, 1992.
5.Section 14 and paragraph 6 of subsection 22 (1) of the Municipal Statute Law Amendment Act, 1993.
6.Sections 1 to 9 of the Regional Municipality of Ottawa-Carleton and French-Language School boards Statute Law Amendment Act, 1994.
7.Section 91 of the Better Local Government Act, 1996.
8.Section 74 of the Fair Municipal Finance Act, 1997.
9.Section 68 of the Fair Municipal Finance Act, 1997 (No. 2).
10.Section 174 of the Education Quality Improvement Act, 1997.
11.Section 38 of Schedule E to the Energy Competition Act, 1998.
12.Section 58 of the Amendments Because of the Supreme Court of Canada Decision in M. v. H. Act, 1999.
Schedule F
6.Schedule F to this Act is hereby enacted.
Commencement
7.(1)Subject to subsections (2), (3) and (4), this Act comes into force on the day it receives Royal Assent.
Same
(2)Subsections 1 (2), 2 (2), 3 (2) and 5 (2) come into force on January 1, 2001.
Same
(3)Each Schedule to this Act comes into force as provided in the commencement section at or near the end of the Schedule.
Same
(4)If a Schedule to this Act provides that any provisions of it are to come into force on a day to be named by proclamation of the Lieutenant Governor, any such proclamation may apply to one or more of those provisions, and proclamations may be issued at different times with respect to any of those provisions.
Short title
8.The short title of this Act is the Fewer Municipal Politicians Act, 1999.
SCHEDULE A
CITY OF GREATER SUDBURY ACT, 1999
contents
Section no.
Article
no
Interpretation
Interprtation
1.
Definitions
1.
Dfinitions
The City
La cit
2.
Incorporation
2.
Constitution
3.
Wards
3.
Quartiers
4.
City council
4.
Conseil municipal
5.
Dissolution of old municipalities
5.
Dissolution des anciennes municipalits
Local Boards
Conseils locaux
6.
Police services board
6.
Commission de services policiers
7.
Board of health
7.
Conseil de sant
8.
Public library board
8.
Conseil de bibliothques publiques
9.
Public utility commissions
9.
Commission de services publics
10.
Other local boards
10.
Autres conseils locaux
11.
Employees of old local boards
11.
Employs des anciens conseils locaux
Financial Matters
Questions financires
12.
by-law re special services
12.
Rglements municipaux : services spciaux
13.
Adjustments, general local municipality levy
13.
Redressement, impt gnral local
14.
Sewage services rates
14.
Redevances de service d'gout
15.
Levies for various services
15.
Impts pour divers services
16.
Area taxing power
16.
Pouvoir d'imposition de secteur
17.
Expenses of the transition board in 2001
17.
Dpenses du conseil de transition en 2001
Transition Board
Conseil de transition
18.
Transition board
18.
Conseil de transition
19.
Power re certain employment contracts
19.
Pouvoir : certains contrats de travail
20.
Power to hire certain city employees
20.
Pouvoir d'engager certains employs
21.
Powers re information, etc.
21.
Pouvoirs : renseignements
22.
Duty to co-operate, etc.
22.
Collaboration
23.
Duties re personal information
23.
Obligations : renseignements personnels
24.
Protection from personal liability
24.
Immunit
25.
Dissolution of the transition board
25.
Dissolution du conseil de transition
Powers and Duties of the Old Municipalities
Pouvoirs et fonctions des anciennes municipalits
26.
Regulations re powers and duties
26.
Rglements : pouvoirs et fonctions
27.
Expenses of the transition board in 2000
27.
Dpenses du conseil de transition en 2000
Collective Bargaining Before January 1, 2001
Ngociation collective avant le 1er janvier 2001
28.
Collective bargaining, old municipalities
28.
Ngociation collective, anciennes municipalits
29.
Alterations to bargaining units
29.
Modification des units de ngociation
30.
Appropriate bargaining units
30.
Units de ngociation appropries
31.
Administration and enforcement
31.
Application et excution
32.
Collective bargaining, old local boards
32.
Ngociation collective, anciens conseils locaux
The Regular Election in 2000
lections ordinaires de 2000
33.
Terms extended
33.
Prolongation du mandat
34.
Rules for regular elections
34.
Rgles s'appliquant aux lections ordinaires
General
Dispositions gnrales
35.
Enforcement
35.
Excution
36.
Regulations
36.
Rglements
37.
Conflicts
37.
Incompatibilit
Commencement and Short Title
Entre en vigueur et titre abrg
38.
Commencement
38.
Entre en vigueur
39.
Short title
39.
Titre abrg
Interpretation
Definitions
1. In this Act, "
city" means the City of Greater Sudbury incorporated by this Act; ("cit") "
collective agreement" means,
(a)a collective agreement within the meaning of the Labour Relations Act, 1995,
(b)a collective agreement within the meaning of Part IX of the Fire Protection and Prevention Act, 1997, or
(c)an agreement under Part VIII of the Police Services Act\; ("convention collective") "
local board" means a public utility commission, transportation commission, public library board, board of park management, board of health, police services board, planning board or other body established or exercising power under any general or special Act with respect to any of the affairs of an old municipality or of the city, but does not include,
(a)the transition board,
(b)a children's aid society,
(c)a conservation authority, or
(d)a school board; ("conseil local") "
merged area" means,
(a)all of an old municipality that forms part of the city, other than the old municipalities that are local roads boards or local services boards, and
(b)all or the part of the unorganized territory in each geographic township that forms part of the city; ("secteur fusionn") "
Minister" means the Minister of Municipal Affairs and Housing; ("ministre") "
municipal area" means the area that comprises the geographic area of jurisdiction of The Regional Municipality of Sudbury on December 31, 2000 and the part of the geographic townships of Fraleck, Parkin, Aylmer, Mackelcan, Rathbun, Scadding, Dryden, Dill and Cleland in the Territorial District of Sudbury that does not form part of a municipality on December 31, 2000; ("secteur municipal") "
municipal benefit" includes a direct or indirect benefit which is available immediately after an expenditure of money on a service or activity and a benefit which will be available only after an additional expenditure of money on the service or activity; ("avantage municipal") "
old municipality" means The Regional Municipality of Sudbury on December 31, 2000, each area municipality of the regional municipality on December 31, 2000 under the Regional Municipality of Sudbury Act, a local roads board established under the Local Roads Boards Act located in the municipal area on December 31, 2000 and a local services board established under the Northern Services Boards Act located in the municipal area on December 31, 2000; ("ancienne municipalit") "
rateable property" means real property that is subject to municipal taxation; ("bien imposable") "
special service" means a service or activity of the city that is not being provided or undertaken generally throughout the city or that is being provided or undertaken at different levels or in a different manner in different parts of the city; ("service spcial") "
transition board" means the transition board referred to in subsection 18 (1). ("conseil de transition")
The City
Incorporation
2.(1)On January 1, 2001, the inhabitants of the municipal area are constituted as a body corporate under the name "City of Greater Sudbury" in English and "cit du Grand Sudbury" in French.
Status
(2)The body corporate is a city and a local municipality for all purposes.
Board of control
(3)Despite subsection 64 (1) of the Municipal Act, the city shall not have a board of control.
Wards
3.The municipal area is divided into six wards as established by regulation.
City council
4.(1)The city council is composed of the mayor, elected by general vote, and 12 other members, elected in accordance with subsection (2).
Same
(2)Two members of the council shall be elected for each ward.
Transition, first council
(3)The following special rules apply to the members of the council elected in the 2000 regular election:
1.Despite section 6 of the Municipal Elections Act, 1996, the members' terms of office begin on January 1, 2001.
2.Despite subsection 49 (1) of the Municipal Act, the first meeting of the council shall be held on or before January 9, 2001.
Dissolution of old municipalities
5.(1)The following entities are dissolved on January 1, 2001:
1.The Regional Municipality of Sudbury.
2.The City of Sudbury.
3.The Town of Capreol.
4.The Town of Onaping Falls.
5.The Town of Nickel Centre.
6.The Town of Rayside-Balfour.
7.The Town of Valley East.
8.The Town of Walden.
9.All local roads boards established under the Local Roads Boards Act located in the municipal area.
10.All local services boards established under the Northern Services Boards Act located in the municipal area.
Rights and duties
(2)The city stands in the place of the old municipalities for all purposes.
Same
(3)Without limiting the generality of subsection (2),
(a)the city has every power and duty of an old municipality under any general or special Act, in respect of the part of the municipal area to which the power or duty applied on December 31, 2000; and
(b)all the assets and liabilities of the old municipalities on December 31, 2000, including all rights, interests, approvals, status, registrations, entitlements and contractual benefits and obligations, become assets and liabilities of the city on January 1, 2001, without compensation.
Same, debentures
(4)Without limiting the generality of clause (3) (b), the city stands in the place of The Regional Municipality of Sudbury with respect to debentures issued by the regional municipality on which the principal remains unpaid on December 31, 2000, and the city is also responsible to pay any related debt charges that are payable on or after January 1, 2001.
Exception, emergency powers
(5)Until the city council elected in the 2000 regular election is organized, each old municipality continues to have the powers it possesses on December 31, 2000, for the purpose of dealing with emergencies.
by-laws and resolutions
(6)Every by-law or resolution of an old municipality that is in force on December 31, 2000 shall be deemed to be a by-law or resolution of the city council on January 1, 2001 and remains in force, in respect of the part of the municipal area to which it applied on December 31, 2000, until it expires or is repealed or amended to provide otherwise.
Official plans
(7)Every official plan of an old municipality that is in force on December 31, 2000 shall be deemed to be an official plan of the city on January 1, 2001 and remains in force, in respect of the part of the municipal area to which it applied on December 31, 2000, until it is revoked or amended to provide otherwise.
Effect of this section
(8)Nothing in this section authorizes the repeal or amendment of a by-law or resolution conferring rights, privileges, franchises, immunities or exemptions if the old municipality could not repeal or amend, as the case may be, the by-law or resolution.
Employees of old municipalities
(9)A person who is an employee of an old municipality on December 31, 2000 and who would, but for this Act, still be an employee of the old municipality on January 1, 2001 is entitled to be an employee of the city or of one of its local boards on January 1, 2001.
Same
(10)A person's employment with an old municipality shall be deemed not to have been terminated for any purpose by anything in subsection (9).
Local Boards
Police services board
6.(1)On January 1, 2001, the Regional Municipality of Sudbury Police Services Board is continued under the name "Greater Sudbury Police Services Board" in English and "Commission des services policiers du Grand Sudbury" in French.
Same
(2)The Greater Sudbury Police Services Board is the police services board of the city.
Board of health
7.(1)On January 1, 2001, the municipal area is continued as part of the health unit continued under the Health Protection and Promotion Act known as the Sudbury and District Health Unit in English and as circonscription sanitaire de la cit et du district de Sudbury in French.
Representation
(2)The city is to be represented on the board of health by seven members of the city council, to be appointed by the council.
Public library board
8.(1)On January 1, 2001, a library board for the city is established under the name "Greater Sudbury Public Library Board" in English and "Conseil des bibliothques publiques du Grand Sudbury" in French.
Status
(2)The Greater Sudbury Public Library Board shall be deemed to be a public library board established under the Public Libraries Act.
Dissolution of old boards
(3)The public library boards of the old municipalities are dissolved on January 1, 2001.
Exception, emergency powers
(4)Until the members of the Greater Sudbury Public Library Board first take office after December 31, 2000, each public library board of an old municipality continues to have the powers it possesses on December 31, 2000, for the purpose of dealing with emergencies.
Assets and liabilities
(5)All the assets and liabilities of the public library boards of the old municipalities on December 31, 2000, including all rights, interests, approvals, status, registrations, entitlements and contractual benefits and obligations, become assets and liabilities of the Greater Sudbury Public Library Board on January 1, 2001, without compensation.
by-laws and resolutions
(6)Every by-law or resolution of a public library board of an old municipality that is in force on December 31, 2000 shall be deemed to be a by-law or resolution of the Greater Sudbury Public Library Board on January 1, 2001 and remains in force, in respect of the part of the municipal area to which it applied on December 31, 2000, until it expires or is repealed or amended to provide otherwise.
Same
(7)Nothing in this section authorizes the repeal or amendment of a by-law or resolution conferring rights, privileges, franchises, immunities or exemptions if the public library board of an old municipality could not repeal or amend, as the case may be, the by-law or resolution.
Public utility commissions
9.(1)The public utility commissions of the old municipalities are dissolved on January 1, 2001.
Assets and liabilities
(2)All the assets and liabilities of the public utility commissions of the old municipalities on December 31, 2000, including all rights, interests, approvals, status, registrations, entitlements and contractual benefits and obligations, become assets and liabilities of the city on January 1, 2001, without compensation.
Other local boards
10.(1)This section does not apply with respect to police services boards, boards of health, public library boards and public utility commissions.
Local boards continued
(2)The local boards of the old municipalities on December 31, 2000 are continued as local boards of the city on January 1, 2001.
Merging
(3)The city may merge two or more local boards continued by subsection (2) into a new local board.
Effect on by-laws, etc.
(4)When two or more local boards (the "predecessor boards") are merged into a new local board, every by-law or resolution of a predecessor board that is in force immediately before the merger shall be deemed to be a by-law or resolution of the new local board when the merger takes place and it remains in force, in respect of the part of the municipal area to which it applied immediately before the merger, until it expires or is repealed or amended to provide otherwise.
Same
(5)Subsection (4) applies, with necessary modifications, with respect to by-laws and resolutions of the council of the city that relate to a predecessor board.
Assets and liabilities
(6)All the assets and liabilities of the predecessor boards immediately before they are merged, including all rights, interests, approvals, status, registrations, entitlements and contractual benefits and obligations, become assets and liabilities of the new local board when the merger takes place, without compensation.
Effect of this section
(7)Nothing in this section authorizes the repeal or amendment of a by-law or resolution conferring rights, privileges, franchises, immunities or exemptions if the predecessor board could not repeal or amend, as the case may be, the by-law or resolution.
Employees of old local boards
11.(1)A person who is an employee of a local board of an old municipality on December 31, 2000 and who would, but for this Act, still be an employee of the local board on January 1, 2001 is entitled to be an employee of the city or of one of its local boards on January 1, 2001.
Same
(2)A person's employment with a local board of an old municipality shall be deemed not to have been terminated for any purpose by anything in subsection (1).
Financial Matters
by-law re special services
12.(1)Subject to the restrictions set out in this section, the city may do the following things by by-law:
1.Identify a special service.
2.Determine the amount of the city's costs (including capital costs, debenture charges and charges for depreciation or for a reserve fund) that are related to that special service.
3.Subject to a regulation made under subsection (5), designate one or more merged areas of the city as an area in which the residents and property owners receive or will receive an additional municipal benefit from the special service that is not or will not be received in the other merged areas of the city.
4.Determine the portion of the amount determined under paragraph 2 that represents the additional cost of providing the additional municipal benefit in each area designated under paragraph 3 and set out the method it used for making that determination.
5.Determine the amount, if any, of the additional cost referred to in paragraph 4 that is to be raised under subsection (8).
Restriction
(2)A by-law may be made with respect to a special service,
(a)that was being provided at any time during 2000 in a merged area of the city,
(i)by or on behalf of an old municipality or a local board of an old municipality, in the case of a merged area which was not unorganized territory on December 31, 2000, or
(ii)by a local roads board, a local services board, the Crown in right of Ontario or another public body, in the case of a merged area which was unorganized territory on December 31, 2000; and
(b)that continued to be provided in the merged area by or on behalf of the city or a local board of the city at any time during 2001.
Same
(3)A by-law cannot designate a merged area under paragraph 3 of subsection (1) as one in which residents and property owners do not currently receive but will receive an additional municipal benefit from the special service in future unless,
(a)the expenditures necessary to make the additional benefit available in the merged area appear in the city's budget for the year (as adopted under section 367 of the Municipal Act); or
(b)the city has established a reserve fund to finance those expenditures over a period of years.
Same
(4)The city cannot pass a by-law for a particular year (the "applicable year") after 2002 with respect to a particular special service unless the following conditions are met:
1.The city passed a by-law with respect to the special service in 2002.
2.The city passed a by-law with respect to the special service for every year after 2002 and before the applicable year.
Regulation, designated areas
(5)For the purposes of paragraph 3 of subsection (1), the Minister may, by regulation,
(a)specify an area that may be designated under that paragraph even though it is not composed of one or more merged areas;
(b)prescribe circumstances in which an area may be designated under that paragraph even though it is not composed of one or more merged areas.
Same
(6)A regulation under subsection (5) may be general or specific in its application and may apply differently to different special services.
Same
(7)A regulation under subsection (5) may be made retroactive to a date not earlier than January 1 of the year in which the regulation is made.
Special levy
(8)For each year in which a by-law under subsection (1) is in force, the city shall levy a special local municipality levy under section 368 of the Municipal Act on the rateable property in the area designated under paragraph 3 of subsection (1) to raise the amount determined under paragraph 5 of that subsection.
Same
(9)Such rateable property as may be prescribed is exempt from the levy under subsection (8) to the extent prescribed.
Adjustments, general local municipality levy
13.(1)This section applies with respect to the tax rates levied to raise the general local municipality levy under section 368 of the Municipal Act.
Interpretation
(2)A reference in this section to the assets or liabilities of a merged area is a reference to the assets or liabilities on December 31, 2000 of the following:
1.In the case of a merged area that was not unorganized territory on December 31, 2000, the assets or liabilities of the old municipality comprising the merged area and of its local boards.
2.In the case of a merged area that was unorganized territory on December 31, 2000,
i.the assets or liabilities of the local roads boards and local services boards in the merged area, and
ii.the assets or liabilities pertaining to the merged area that, on December 31, 2000, are assets or liabilities of the Crown in right of Ontario or another public body and that are assets or liabilities of the city or one of its local boards on or after January 1, 2001.
Decrease in tax rates
(3)Subject to the restrictions set out in this section, the city may, by by-law, decrease the tax rates that would otherwise apply on the assessment within a merged area,
(a)if the city council considers that it would be unfair that the taxpayers in the merged area not receive direct benefit from the assets or any class of assets of the merged area; and
(b)if the amount of taxes lost by decreasing the tax rates does not exceed the value of the assets referred to in clause (a).
Increase in tax rates
(4)Subject to the restrictions set out in this section, the city may, by by-law, increase the tax rates that would otherwise apply on the assessment within a merged area,
(a)if the city council considers that it would be unfair that the taxpayers outside the merged area be responsible for the liabilities or any class of liabilities of the merged area; and
(b)if the amount of taxes gained by increasing the tax rates does not exceed the value of the liabilities referred to in clause (a).
Restriction
(5)The city cannot pass a by-law under this section for 2009 or a subsequent year.
Same
(6)The city cannot pass a by-law under this section for a particular year (the "applicable year") after 2002 with respect to a merged area unless the following conditions are met:
1.The city passed a by-law under this section in 2002 with respect to the merged area.
2.The city passed a by-law under this section with respect to the merged area for every year after 2002 and before the applicable year.
Same
(7)In any year, increases or decreases, as the case may be, in the tax rates on different classes of property in a merged area must bear the same proportion to each other as the proportion of the applicable tax ratios established under section 363 of the Municipal Act for the property classes for the year.
Budget
(8)The city shall include in its budget (as adopted under section 367 of the Municipal Act) for a year the amounts resulting from an increase or decrease in tax rates under this section for the year.
Regulations
(9)The Minister may, by regulation, require the city to exercise its powers under this section and may require the city to do so with respect to such assets and liabilities as may be specified in the regulation and to do so in the manner specified in the regulation.
General or specific
(10)A regulation under subsection (9) may be general or specific in its application.
Retroactivity
(11)A regulation under subsection (9) may be made retroactive to January 1 of the year in which it is made.
Effect on by-laws
(12)A by-law of the city passed under this section, whether it is passed before or after a regulation is made under subsection (9), is of no effect to the extent that it does not comply with the regulation.
Definitions
(13)In this section, "
assets" means reserves, reserve funds and such other assets as may be prescribed; ("lments d'actif") "
liabilities" means debts and such other liabilities as may be prescribed. ("lments de passif")
Sewage services rates
14.The city may pass by-laws under section 221 of the Municipal Act for imposing sewage services rates to recover all or part of the cost of the establishment, construction, maintenance, operation, extension, improvement and financing of the collection and disposal of sewage.
Levies for various services
15.(1)The city may establish one or more municipal service areas and levy one or more special local municipality levies under section 368 of the Municipal Act in the municipal service areas for the purpose of raising all or part of its costs for the following services, including the costs of establishing, constructing, maintaining, operating, improving, extending and financing those services:
1.The supply and distribution of water.
2.Fire protection and prevention.
3.Public transportation, other than highways.
4.Street lighting.
5.The collection and disposal of sewage.
Same
(2)For the purposes of subsection (1), the city may levy different special local municipality levies in different municipal service areas and the different levies may vary on any basis the city considers relevant.
Area taxing power
16.(1)In this section, "
area taxing power" means a power under section 12 or 15 of this Act or under any other provision of an Act, regulation or order that authorizes the city to raise costs related to services by imposing taxes on less than all the rateable property in the city.
Duty
(2)The city shall exercise its area taxing power with respect to such services as may be prescribed and shall do so in the prescribed taxation years and in the prescribed manner.
Same
(3)A regulation authorized by subsection (2) cannot prescribe a taxation year after the 2004 taxation year.
Effect on by-laws
(4)A by-law of the city passed under an area taxing power, whether it is passed before or after a regulation authorized by subsection (2), is of no effect to the extent that it does not comply with the regulation.
Expenses of the transition board in 2001
17.(1)The city shall pay the expenses of the transition board for 2001, in the amounts and at the times specified by the transition board.
Same
(2)The transition board shall give the city council an estimate of its expenses and the council shall include them in the city's operating budget for 2001.
Same
(3)The expenses of the transition board include the remuneration and expenses of its members, as authorized under section 18.
Transition Board
Transition board
18.(1)A transition board shall be established by a regulation made under this section.
Same
(2)The transition board is a corporation without share capital and is composed of such persons as the Minister may appoint, including non-voting members.
Chair
(3)The Minister may designate a member of the board as its chair.
Remuneration
(4)The members of the board are entitled to be paid the remuneration and expenses authorized by a regulation made under this section.
Function
(5)The primary function of the transition board is to facilitate the transition from the old municipalities and their local boards to the city and its local boards,
(a)by controlling the decisions of the old municipalities and their local boards that could have significant financial consequences for the city and its local boards; and
(b)by developing business plans for the city and its local boards in order to maximize the efficiency and costs savings of this new municipal structure.
Powers and duties
(6)The transition board has such powers and duties for the purposes of this Act as may be prescribed by a regulation made under this section, in addition to the powers and duties set out in this Act.
Power to delegate
(7)The transition board may authorize one or more of its members to exercise a power or perform a duty under this Act on its behalf.
Other powers
(8)The transition board may hire staff, arrange for facilities and obtain expert services, as it considers necessary to perform its functions.
Regulations
(9)The Minister may make regulations providing for the matters referred to in this section as matters to be dealt with or prescribed by a regulation made under this section.
Same
(10)Without limiting the generality of subsection (9), a regulation respecting the powers and duties of the transition board may,
(a)set out the powers and duties of the board with respect to the Minister, the board itself, the city and its local boards and the old municipalities and their local boards;
(b)provide that the board shall be deemed to be a municipality, including a regional municipality, for the purpose of any Act, which Act would then apply to the board with the modifications specified in the regulation;
(c)authorize the board to issue guidelines with respect to the matters specified in the regulation;
(d)specify matters relating to the procedures and operations of the board.
Same
(11)A regulation under this section may be general or specific in its application.
Application of guidelines
(12)A guideline authorized under clause (10) (c) and issued by the transition board may provide that it applies with respect to actions taken before the guidelines were issued.
Power re certain employment contracts
19.(1)In the circumstances described in this section, the transition board may, by order, amend or rescind a contract (other than a collective agreement) entered into between an old municipality and a person who is a municipal officer required by statute or who is an employee of executive rank.
Same
(2)The contract must be one of the following:
1.A contract entered into after October 8, 1999, containing a provision described in subsection (3).
2.A contract amended after October 8, 1999 to include a provision described in subsection (3).
Provision
(3)The provision must be one that establishes compensation which, in the opinion of the transition board, is unreasonably high in comparison to persons in similar situations.
Definition
(4)In this section, "
compensation" includes severance payments and payments during a period of notice of termination or payments in lieu of such notice.
Power to hire certain city employees
20.(1)The transition board shall establish the key elements of the city's organizational structure and hire the municipal officers required by statute and any employees of executive rank whom the transition board considers necessary to ensure the good management of the city.
Same
(2)When the transition board hires a person under subsection (1), the following rules apply:
1.The transition board has the authority to negotiate the terms of the employment contract with the person.
2.The city is bound by the employment contract.
3.The employment contract may take effect on or before January 1, 2001.
4.If the contract takes effect before January 1, 2001, the person is the employee of the transition board before January 1, 2001 and the employee of the city beginning on January 1, 2001. If the contract takes effect on January 1, 2001, the person is the employee of the city.
5.While the person is an employee of the transition board, the person shall be deemed to be an employee under the Ontario Municipal Employees Retirement System Act, and the transition board shall be deemed, in respect of the person, to be an employer under that Act.
6.On January 1, 2001, the city council shall be deemed to have taken all the steps that may be required to make the person the effective holder of his or her office.
Powers re information, etc.
21.(1)The transition board has the following powers to obtain information, records and documents from an old municipality and a local board of an old municipality:
1.To require the old municipality or local board to submit a report to the transition board,
i.identifying the assets and liabilities of the old municipality or local board, or specified categories of those assets and liabilities, and
ii.naming the members and employees of the old municipality or local board and stating their position, terms of employment, remuneration and employment benefits.
2.To require the old municipality to submit a report to the transition board listing the entities, including local boards,
i.that were established by or for the old municipality and that exist when the report is made, or
ii.that received funding from the old municipality in 1999.
3.To require the old municipality to submit a report to the transition board,
i.listing the entities, including local boards, to which the old municipality has the power to make appointments, and
ii.for each entity, identifying the source of the power to make the appointments, naming each current appointee and stating when his or her term expires.
4.To require the old municipality or local board to give the transition board information, records or documents that are in the possession or control of the municipality or local board and are relevant to the functions of the transition board.
5.To require the old municipality or local board to create a new document or record that is relevant to the functions of the transition board by compiling existing information, and to give the document or record to the transition board.
6.To require the old municipality or local board to give the transition board a report concerning any matter the transition board specifies that is relevant to the functions of the transition board.
7.To require the old municipality or local board to update information previously given to the transition board under any of the preceding paragraphs.
8.To impose a deadline for complying with a requirement imposed under any of the preceding paragraphs.
Conflict
(2)A requirement of the transition board under subsection (1) prevails over a restriction or prohibition in the Freedom of Information and Protection of Privacy Act and the Municipal Freedom of Information and Protection of Privacy Act.
Secondments
(3)The transition board may require that an employee of an old municipality or of a local board of an old municipality be seconded to work for the transition board.
Same
(4)A person who is seconded to the transition board remains the employee of the old municipality or local board which is entitled to recover his or her salary and the cost of his or her employment benefits from the transition board.
Same
(5)A person who is seconded to the transition board is entitled to receive the same employment benefits and at least the same salary as in his or her permanent position.
Duty to co-operate, etc.
22.(1)The members of the council of each old municipality (other than an old municipality that is a local roads board or a local services board), the members of each local roads board or local services board that is an old municipality, the employees and agents of the old municipality, and the members, employees and agents of each local board of an old municipality shall,
(a)co-operate with the members, employees and agents of the transition board, assist them in the performance of their duties and comply with their requests under this Act; and
(b)on request, allow any person described in clause (a) to examine and copy any document, record or other information in the possession or control of the old municipality or local board, as the case may be, that is relevant to the functions of the transition board.
Conflict
(2)This section applies despite any restriction or prohibition in the Freedom of Information and Protection of Privacy Act and the Municipal Freedom of Information and Protection of Privacy Act.
Duties re personal information
23.(1)A person who obtains information under subsection 21 (1) or section 22 that is personal information as defined in the Municipal Freedom of Information and Protection of Privacy Act shall use and disclose it only for the purposes of this Act.
Same
(2)Without limiting the generality of subsection (1), the personal information referred to in that subsection includes information relating to,
(a)a financial transaction or proposed financial transaction of an old municipality or a local board of an old municipality;
(b)anything done or proposed to be done in connection with the finances of an old municipality or a local board of an old municipality by a member of the council of the old municipality or local board or by an employee or agent of the old municipality or local board.
Offence
(3)A person who wilfully fails to comply with subsection (1) shall be deemed to contravene clause 48 (1) (a) of the Municipal Freedom of Information and Protection of Privacy Act.
Conflict
(4)Subsection (1) applies despite anything in the Freedom of Information and Protection of Privacy Act or the Municipal Freedom of Information and Protection of Privacy Act.
Protection from personal liability
24.(1)No proceeding for damages shall be commenced against the transition board or any of its members, employees or agents for any act done in good faith in the execution or intended execution of their powers and duties under this Act or for any alleged neglect or default in the execution in good faith of their powers and duties.
Same
(2)Subsection (1) also applies in respect of an employee or agent of an old municipality or a local board of an old municipality who acts under the direction of,
(a)the transition board or a member of it;
(b)the council of the old municipality, if the old municipality is not a local roads board or a local services board;
(c)the local roads board or local services board that is the old municipality; or
(d)the local board.
Vicarious liability
(3)Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsections (1) and (2) do not relieve any person, other than one mentioned in those subsections, of any liability to which the person would otherwise be subject.
Dissolution of the transition board
25.(1)The transition board is dissolved on January 31, 2001 or on such later date as the Minister may, by regulation, specify.
Assets and liabilities
(2)All the assets and liabilities of the transition board immediately before it is dissolved, including all rights, interests, approvals, status, registrations, entitlements and contractual benefits and obligations, become assets and liabilities of the city, when the transition board is dissolved, without compensation.
by-laws and resolutions
(3)Every by-law or resolution of the transition board that is in force immediately before the transition board is dissolved shall be deemed to be a by-law or resolution of the city council when the transition board is dissolved and remains in force, in respect of the part of the municipal area to which it applied immediately before the transition board was dissolved, until it expires or is repealed or amended to provide otherwise.
Effect of this section
(4)Nothing in this section authorizes the repeal or amendment of a by-law or resolution conferring rights, privileges, franchises, immunities or exemptions if the transition board could not repeal or amend, as the case may be, the by-law or resolution.
Powers and Duties of the Old Municipalities
Regulations re powers and duties
26.(1)The Minister may make regulations providing that an old municipality or a local board of an old municipality,
(a)shall not exercise a specified power under a particular Act;
(b)shall not exercise a specified power under a particular Act unless it is exercised in the manner specified in the regulation;
(c)shall not exercise a specified power under a particular Act without the approval of the transition board or of such other person or body as is specified in the regulation;
(d)shall not exercise a specified power under a particular Act unless it is exercised in accordance with the guidelines, if any, issued by the transition board under this Act.
Same
(2)A regulation under subsection (1) may be general or specific in its application.
Same
(3)The following rules apply with respect to regulations under subsection (1):
1.A regulation cannot prevent an old municipality or local board from doing anything that it is otherwise required by law to do.
2.A regulation cannot prevent an old municipality or local board from taking action in an emergency.
3.A regulation cannot prevent the performance of a contract entered into before the day this subsection comes into force.
4.A regulation cannot prevent an action that is approved by, or done in accordance with, guidelines of the transition board issued under this Act.
5.A regulation cannot prevent an action that is provided for by a by-law or resolution that also contains provisions to the effect that the by-law or resolution does not come into force until,
i.the approval of the transition board or other person or body specified by a regulation made under clause (1) (c) has been obtained, or
ii.guidelines authorizing the action are issued by the transition board under this Act.
6.If the transition board or another person or body is authorized to give an approval under this Act, it may approve an action in advance or retroactively and may impose conditions that apply to the approval.
Expenses of the transition board in 2000
27.(1)The Regional Municipality of Sudbury shall pay the expenses of the transition board for 2000, in the amounts and at the times specified by the transition board.
Same
(2)The transition board shall give the council of the regional municipality an estimate of its expenses and the regional municipality shall include them in its operating budget for 2000.
Same
(3)The expenses of the transition board include the remuneration and expenses of its members, as authorized under section 18.
Collective Bargaining Before January 1, 2001
Collective bargaining, old municipalities
28.(1)The collective agreement, if any, that applies with respect to employees of an old municipality immediately before this subsection comes into force continues to apply with respect to those employees and with respect to employees hired to replace them until the day on which the collective agreement or the composite agreement of which it becomes a part ceases to apply under subsection 23 (8) or 24 (7), section 29 or subsection 31 (3) of the Public Sector Labour Relations Transition Act, 1997 with respect to those employees.
Expired agreements
(2)If no collective agreement is in operation immediately before subsection (1) comes into force, the most recent collective agreement, if any, shall be deemed to be in effect from that day for the purposes of this Act, and subsection (1) applies with necessary modifications.
Termination of certain proceedings
(3)On the day subsection (1) comes into force, the appointment of a conciliation officer under section 49 of the Fire Protection and Prevention Act, 1997, section 18 of the Labour Relations Act, 1995 or section 121 of the Police Services Act for the purpose of endeavouring to effect a collective agreement between an old municipality and a bargaining agent with respect to employees described in subsection (1) is terminated.
No appointment
(4)No conciliation officer shall be appointed in respect of a dispute concerning a collective agreement described in subsection (3).
Duty to bargain terminated
(5)On and after the day subsection (1) comes into force, no bargaining agent is under an obligation to bargain as a result of a notice to bargain given to it by an old municipality and no old municipality is under an obligation to bargain as a result of a notice to bargain given to it by a bargaining agent.
No notice to bargain to be given
(6)On and after the day subsection (1) comes into force, no bargaining agent shall give notice to bargain to an old municipality under section 47 of the Fire Protection and Prevention Act, 1997, section 16 or 59 of the Labour Relations Act, 1995 or section 119 of the Police Services Act.
Same
(7)On and after the day subsection (1) comes into force, no old municipality shall give notice to bargain to a bargaining agent under section 47 of the Fire Protection and Prevention Act, 1997, section 16 or 59 of the Labour Relations Act, 1995 or section 119 of the Police Services Act.
Interest arbitrations terminated
(8)On the day subsection (1) comes into force, interest arbitrations to which an old municipality is a party and in which a final decision has not been issued are terminated.
Right to strike
(9)Before January 1, 2001, no employee of an old municipality shall strike against the municipality and no old municipality shall lock out an employee.
Enforcement
(10)Sections 81 to 85 and 100 to 108 of the Labour Relations Act, 1995 apply with necessary modifications with respect to the enforcement of this section.
Alterations to bargaining units
29.(1)Before January 1, 2001, for the purposes of section 20 of the Public Sector Labour Relations Transition Act, 1997 the transition board may make an agreement with bargaining agents who represent employees of an old municipality to change or not to change the number and description of the bargaining units in respect of which the agents have bargaining rights, and the agreement is binding upon the city as if it had been made by the city.
Agreement re change in bargaining units
(2)The agreement does not come into effect until the later of,
(a)the day on which the conditions described in subsections 20 (7) and (8) of the Public Sector Labour Relations Transition Act, 1997 are satisfied; and
(b)January 1, 2001.
Restrictions
(3)If an agreement is made, during the period beginning 10 days after it is executed and ending when it comes into effect, no application may be made for certification of a bargaining agent to represent employees of an old municipality who are not members of a bargaining unit when the agreement is executed.
Same
(4)During the period beginning when subsection (1) comes into force and ending on December 31, 2000, no application may be made for certification of a bargaining agent to represent employees who are already represented by a bargaining agent and no application may be made for a declaration that a bargaining agent that represents such employees no longer represents them.
Same
(5)On and after January 1, 2001, the right to make an application described in subsection (4) is (subject to the Public Sector Labour Relations Transition Act, 1997) determined under the Act that otherwise governs collective bargaining in respect of the employees.
Deeming
(6)For the purposes of clause (2) (a) of this section and of subsection 20 (7) of the Public Sector Labour Relations Transition Act, 1997, the transition board shall be deemed to be the employer.
Agreement re change of bargaining agents
(7)If an agreement described in subsection (1) is made, any agreement made by the bargaining agents concerned under section 21 of the Public Sector Labour Relations Transition Act, 1997 does not come into effect until the later of,
(a)the day on which the conditions described in subsection 21 (2) of that Act are satisfied; and
(b)January 1, 2001.
Notice of agreement
(8)A copy of the agreement under section 21 of the Public Sector Labour Relations Transition Act, 1997 may be given either to the transition board before January 1, 2001 or to the city after December 31, 2000, for the purposes of clause (7) (a) of this section and of subsection 21 (2) of that Act.
Determination re bargaining agent
(9)For the purposes of subsection 21 (4) of the Public Sector Labour Relations Transition Act, 1997, the transition board or a bargaining agent may make a request to the Ontario Labour Relations Board before January 1, 2001.
Appropriate bargaining units
30.(1)Before January 1, 2001, for the purposes of section 22 of the Public Sector Labour Relations Transition Act, 1997, the transition board may apply to the Ontario Labour Relations Board for an order determining the number and description of the bargaining units that, in the Board's opinion, are likely to be appropriate for the city's operations.
Order
(2)An order by the Ontario Labour Relations Board under section 22 of the Public Sector Labour Relations Transition Act, 1997 is binding upon the city as if the application had been made by the city, and is binding even if the order is not made until after December 31, 2000.
Same
(3)An order made under section 22 of the Public Sector Labour Relations Transition Act, 1997 on an application under subsection (1) cannot take effect before January 1, 2001.
Restrictions
(4)If the transition board applies under subsection (1) for an order under section 22 of the Public Sector Labour Relations Transition Act, 1997, during the period beginning 10 days after the application is made and ending when an order comes into effect, no application may be made for certification of a bargaining agent to represent employees of an old municipality who are not members of a bargaining unit when the application is made.
Same
(5)During the period beginning when subsection (1) comes into force and ending on December 31, 2000, no application may be made for certification of a bargaining agent to represent employees who are already represented by a bargaining agent and no application may be made for a declaration that a bargaining agent that represents such employees no longer represents them.
Same
(6)On and after January 1, 2001, the right to make an application described in subsection (5) is (subject to the Public Sector Labour Relations Transition Act, 1997) determined under the Act that otherwise governs collective bargaining in respect of the employees.
Administration and enforcement
31.(1)Sections 37 (Ontario Labour Relations Board) and 38 (Arbitration Act, 1991) of the Public Sector Labour Relations Transition Act, 1997 apply, with necessary modifications, with respect to proceedings before the Ontario Labour Relations Board concerning requests under subsection 29 (9) and applications under subsection 30 (1).
Rules to expedite proceedings
(2)Rules made by the Ontario Labour Relations Board under subsection 37 (4) of the Public Sector Labour Relations Transition Act, 1997 apply, with necessary modifications, with respect to proceedings referred to in subsection (1).
Same
(3)Subsections 37 (5) and (6) of the Public Sector Labour Relations Transition Act, 1997 apply, with necessary modifications, with respect to the rules described in subsection (2).
Collective bargaining, old local boards
32.Sections 28 to 31 apply, with necessary modifications, with respect to local boards of the old municipalities.
The Regular Election in 2000
Terms extended
33.(1)The following persons, if in office on November 30, 2000, shall continue in office until the first council of the city is organized:
1.The members of the councils of the old municipalities, other than old municipalities that are local roads boards or local services boards.
2.The members of the local roads boards and local services boards that are old municipalities.
3.The members of the local boards of the old municipalities.
Same
(2)Subsection (1) applies to elected and unelected persons, and applies despite section 6 of the Municipal Elections Act, 1996.
Rules for the regular election
34.The following rules apply to the regular election in 2000 in the municipal area:
1.The election shall be conducted as if sections 2, 3, 4, 5 and 9 were already in force.
2.The transition board shall designate a person to conduct the regular election in 2000 under the Municipal Elections Act, 1996.
3.The clerks of The Regional Municipality of Sudbury and of the area municipalities under the Regional Municipality of Sudbury Act and the clerk of the city, if appointed, shall assist the person designated under paragraph 2 and act under his or her direction.
4.The transition board acts as council for the purpose of making the decisions that council is required to make under the Municipal Elections Act, 1996 for the regular election. The city council shall make those decisions once the council is organized.
5.The costs of the election that are payable in 2000 shall be included in the operating budget of The Regional Municipality of Sudbury for 2000. The regional municipality shall pay those costs as directed by the person designated under paragraph 2. The costs of the election that are payable in 2001 shall be paid by the city.
6.Each area municipality under the Regional Municipality of Sudbury Act shall include in its operating budget for 2000 an amount equal to the amount it would have budgeted for the costs of the regular election in 2000 if this Act had not been passed, and shall pay that amount to The Regional Municipality of Sudbury on or before July 1, 2000.
7.The amount referred to in paragraph 6 shall be paid, first, from any reserve or reserve fund previously established by the area municipality for the costs of the regular election in 2000.
General
Enforcement
35.(1)The Minister may apply to the Superior Court of Justice for an order requiring a person or body to comply with any provision of this Act or a regulation made under this Act or with a decision or requirement of the transition board made under this Act.
Same
(2)Subsection (1) is additional to, and does not replace, any other available means of enforcement.
Regulations
36.(1)The Lieutenant Governor in Council may make regulations,
(a)providing that, with necessary modifications, the city or a local board of the city may exercise any power or is required to perform any duty of an old municipality or a local board of an old municipality on December 31, 2000 under an Act or a provision of an Act that does not apply to the city or local board as a result of the Fewer Municipal Politicians Act, 1999\;
(b)providing for consequential amendments to any Act that, in the opinion of the Lieutenant Governor in Council, are necessary for the effective implementation of this Act.
Same
(2)The Minister may make regulations,
(a)prescribing anything referred to in this Act as being prescribed;
(b)defining any word or expression used in this Act that is not expressly defined in this Act;
(c)providing for any transitional matter that, in the opinion of the Minister, is necessary or desirable for the effective implementation of this Act;
(d)establishing wards for the purposes of section 3.
Examples
(3)A regulation under clause (2) (c) may provide, for example,
(a)that the city may undertake long-term borrowing to pay for operational expenditures on transitional costs, as defined in the regulation, subject to such conditions and restrictions as may be prescribed;
(b)that, for the purposes of section 8 of the Municipal Elections Act, 1996, the Minister may require a question to be submitted to the electors of all or any part of the municipal area set out in the regulation.
General or specific
(4)A regulation may be general or specific in its application.
Retroactive
(5)A regulation may be made retroactive to a date not earlier than January 1, 2001.
Conflicts
37.(1)This Act applies despite any general or special Act and despite any regulation made under any other Act, and in the event of a conflict between this Act and another Act or a regulation made under another Act, this Act prevails.
Same
(2)In the event of a conflict between a regulation made under this Act and a provision of this Act or of another Act or a regulation made under another Act, the regulation made under this Act prevails.
Commencement and Short Title
Commencement
38.(1)Subject to subsections (2) and (3), the Act set out in this Schedule comes into force on the day the Fewer Municipal Politicians Act, 1999 receives Royal Assent.
Same
(2)Sections 1 and 18 to 37 come into force on a day to be named by proclamation of the Lieutenant Governor.
Same
(3)Sections 2 to 17 come into force on January 1, 2001.
Short title
39.The short title of the Act set out in this Schedule is the City of Greater Sudbury Act, 1999.
schedule b
town of haldimand act, 1999
contents
Interpretation
Interprtation
1.
Definitions
1.
Dfinitions
The Town
La ville
2.
Incorporation
2.
Constitution
3.
Wards
3.
Quartiers
4.
Town council
4.
Conseil municipal
5.
Dissolution of old municipalities
5.
Dissolution des anciennes municipalits
6.
Dissolution of divided municipalities
6.
Dissolution des municipalits dmembres
Local Boards
Conseils locaux
7.
Police services board
7.
Commission de services policiers
8.
Public library board
8.
Conseil de bibliothques publiques
9.
Public utility commissions
9.
Commission de services publics
10.
Other local boards
10.
Autres conseils locaux
11.
Employees of old local boards
11.
Employs des anciens conseils locaux
Powers of the Town
Pouvoirs de la ville
12.
Powers re board of health
12.
Pouvoirs : conseil de sant
13.
Management of landfill site
13.
Gestion de la dcharge
Financial Matters
Questions financires
14.
Allocation of certain shared costs
14.
Rpartition de certains frais partags
15.
By-law re special services
15.
Rglements municipaux : services spciaux
16.
Adjustments, general local municipality levy
16.
Redressement, impt gnral local
17.
Sewage services rates
17.
Redevances de service d'gout
18.
Levies for various services
18.
Impts pour divers services
19.
Area taxing power
19.
Pouvoir d'imposition de secteur
20.
Expenses of the transition board in 2001
20.
Dpenses du conseil de transition en 2001
Transition Board
Conseil de transition
21.
Transition board
21.
Conseil de transition
22.
Panels of the transition board
22.
Comits du conseil de transition
23.
Power re board of health
23.
Pouvoir : conseil de sant
24.
Designation powers
24.
Pouvoirs de dsignation
25.
Powers re employees of divided municipalities, etc.
25.
Pouvoirs : employs des municipalits dmembres
26.
Power re certain employment contracts
26.
Pouvoir : certains contrats de travail
27.
Power to hire certain town employees
27.
Pouvoir d'engager certains employs
28.
Powers re information, etc.
28.
Pouvoir : renseignements
29.
Duty to co-operate, etc.
29.
Collaboration
30.
Duties re personal information
30.
Obligations : renseignements personnels
31.
Protection from personal liability
31.
Immunit
32.
Dissolution of the transition board
32.
Dissolution du conseil de transition
Allocation Committees
Comits de rpartition
33.
Allocation committees
33.
Comits de rpartition
34.
The allocation process
34.
Processus de rpartition
Powers and Duties of Old Municipalities and Divided Municipalities
Pouvoirs et fonctions des anciennes municipalits et des municipalits dmembres
35.
Regulations re powers and duties
35.
Rglements : pouvoirs et fonctions
36.
Expenses of the transition board in 2000
36.
Dpenses du conseil de transition en 2000
Collective Bargaining Before January 1, 2001
Ngociation collective avant le 1er janvier 2001
37.
Collective bargaining, old municipalities
37.
Ngociation collective, anciennes municipalits
38.
Alterations to bargaining units
38.
Modification des units de ngociation
39.
Appropriate bargaining units
39.
Units de ngociation appropries
40.
Administration and enforcement
40.
Application et excution
41.
Collective bargaining, divided municipalities
41.
Ngociation collective, municipalits dmembres
42.
Collective bargaining, old local boards
42.
Ngociation collective, anciens conseils locaux
The Regular Election in 2000
lections ordinaires de 2000
43.
Terms extended
43.
Prolongation du mandat
44.
Rules for the regular election
44.
Rgles s'appliquant aux lections ordinaires
General
Dispositions gnrales
45.
Enforcement
45.
Excution
46.
Regulations
46.
Rglements
47.
Conflicts
47.
Incompatibilit
Commencement and Short Title
Entre en vigueur et titre abrg
48.
Commencement
48.
Entre en vigueur
49.
Short title
49.
Titre abrg
Schedule A: The Municipal Area
Annexe A : Le secteur municipal
Interpretation
Definitions
1.(1)In this Act, "
collective agreement" means,
(a)a collective agreement within the meaning of the Labour Relations Act, 1995,
(b)a collective agreement within the meaning of Part IX of the Fire Protection and Prevention Act, 1997, or
(c)an agreement under Part VIII of the Police Services Act\; ("convention collective ") "
divided municipality" means either The Regional Municipality of Haldimand-Norfolk or the City of Nanticoke as they exist on December 31, 2000; ("municipalit dmembre ") "
local board" means a public utility commission, transportation commission, public library board, board of park management, board of health, police services board or other body established or exercising power under any general or special Act with respect to any of the affairs of an old municipality or of the town, but does not include,
(a)the transition board,
(b)a children's aid society,
(c)a conservation authority, or
(d)a school board; ("conseil local") "
merged area" means all of an old municipality that forms part of the town or all of that portion of a divided municipality that forms part of the town; ("secteur fusionn ") "
Minister" means the Minister of Municipal Affairs and Housing; ("ministre") "
municipal area" means the area that comprises the geographic area of jurisdiction of the old municipalities on December 31, 2000 and the area that comprises the geographic area of jurisdiction described in Schedule A to this Act of the City of Nanticoke as it exists on December 31, 2000, with such adjustments as may be prescribed under subsection (2); ("secteur municipal") "
municipal benefit" includes a direct or indirect benefit which is available immediately after an expenditure of money on a service or activity and a benefit which will be available only after an additional expenditure of money on the service or activity; ("avantage municipal") "
old municipality" means either the Town of Haldimand or the Town of Dunnville, as they exist on December 31, 2000; ("ancienne municipalit ") "
special service" means a service or activity of the town that is not being provided or undertaken generally throughout the town or that is being provided or undertaken at different levels or in a different manner in different parts of the town; ("service spcial") "
town" means the Town of Haldimand incorporated by this Act; ("ville") "
transition board" means the transition board referred to in subsection 21 (1). ("conseil de transition")
Adjustments to the municipal area
(2)On or before June 30, 2000, the Minister may, by regulation, make adjustments to the geographic area described in Schedule A that constitutes part of the municipal area.
The Town
Incorporation
2.(1)On January 1, 2001, the inhabitants of the municipal area are constituted as a body corporate under the name "Town of Haldimand" in English and "ville de Haldimand" in French.
Status
(2)The body corporate has the status of a city and a local municipality for all purposes.
Board of control
(3)Despite subsection 64 (1) of the Municipal Act, the town shall not have a board of control.
Wards
3.The municipal area is divided into six wards as established by regulation.
Town council
4.(1)The town council is composed of the mayor, elected by general vote, and six other members, elected in accordance with subsection (2).
Same
(2)One member of the council shall be elected for each ward.
Transition, first council
(3)The following special rules apply to the members of the council elected in the 2000 regular election:
1.Despite section 6 of the Municipal Elections Act, 1996, the members' terms of office begin on January 1, 2001.
2.Despite subsection 49 (1) of the Municipal Act, the first meeting of the council shall be held on or before January 9, 2001.
Dissolution of old municipalities
5.(1)The old municipalities are dissolved on January 1, 2001.
Rights and duties
(2)The town stands in the place of the old municipalities for all purposes.
Same
(3)Without limiting the generality of subsection (2),
(a)the town has every power and duty of an old municipality or a divided municipality under any general or special Act, in respect of the part of the municipal area to which the power or duty applied on December 31, 2000; and
(b)all the assets and liabilities of the old municipalities on December 31, 2000, including all rights, interests, approvals, status, registrations, entitlements and contractual benefits and obligations, become assets and liabilities of the town on January 1, 2001, without compensation.
Exception, emergency powers
(4)Until the town council elected in the 2000 regular election is organized, each old municipality continues to have the powers it possesses on December 31, 2000, for the purpose of dealing with emergencies.
By-laws and resolutions
(5)Every by-law or resolution of an old municipality that is in force on December 31, 2000 shall be deemed to be a by-law or resolution of the town council on January 1, 2001 and remains in force, in respect of the part of the municipal area to which it applied on December 31, 2000, until it expires or is repealed or amended to provide otherwise.
Official plans
(6)Every official plan of an old municipality that is in force on December 31, 2000 shall be deemed to be an official plan of the town on January 1, 2001 and remains in force, in respect of the part of the municipal area to which it applied on December 31, 2000, until it is revoked or amended to provide otherwise.
Effect of this section
(7)Nothing in this section authorizes the repeal or amendment of a by-law or resolution conferring rights, privileges, franchises, immunities or exemptions if the old municipality could not repeal or amend, as the case may be, the by-law or resolution.
Employees of old municipalities
(8)A person who is an employee of an old municipality on December 31, 2000 and who would, but for this Act, still be an employee of the old municipality on January 1, 2001 is entitled to be an employee of the town or of one of its local boards on January 1, 2001.
Same
(9)A person's employment with an old municipality shall be deemed not to have been terminated for any purpose by anything in subsection (8).
Dissolution of divided municipalities
6.(1)The Regional Municipality of Haldimand-Norfolk and the City of Nanticoke are dissolved on January 1, 2001.
Rights and duties
(2)On January 1, 2001, the town stands in the place of the divided municipalities with respect to matters that are within the town's jurisdiction.
Same
(3)Without limiting the generality of subsection (2),
(a)the town has every power and duty of a divided municipality under any general or special Act, in respect of the part of the municipal area to which the power or duty applied on December 31, 2000; and
(b)all the assets and liabilities of the divided municipalities on December 31, 2000 that are allocated to the town under section 34, including all rights, interests, approvals, status, registrations, entitlements and contractual benefits and obligations, become assets and liabilities of the town on January 1, 2001, without compensation.
Exception, re debentures
(4)The town and the Town of Norfolk jointly stand in the place of The Regional Municipality of Haldimand-Norfolk with respect to debentures issued by the regional municipality on which the principal remains unpaid on December 31, 2000.
Same
(5)The town and the Town of Norfolk are jointly and severally liable to make payments required under the debentures, including the payment of any related debt charges that are payable on or after January 1, 2001.
Exception, landfill site
(6)On January 1, 2001, the town and the Town of Norfolk become joint owners, without compensation, of the landfill site known as the Tom Howe landfill site that is owned by The Regional Municipality of Haldimand-Norfolk on December 31, 2000.
Exception, emergency powers
(7)Until the town council elected in the 2000 regular election is organized, each divided municipality continues to have the powers it possesses on December 31, 2000, for the purpose of dealing with emergencies in the municipal area.
By-laws and resolutions
(8)Every by-law or resolution of a divided municipality that is in force on December 31, 2000 in respect of a part of the municipal area shall be deemed to be a by-law or resolution of the town council on January 1, 2001 and remains in force, in respect of the part of the municipal area to which it applied on December 31, 2000, until it expires or is repealed or amended to provide otherwise.
Official plans
(9)Every official plan of a divided municipality that is in force on December 31, 2000 in respect of a part of the municipal area shall be deemed to be an official plan of the town on January 1, 2001 and remains in force, in respect of the part of the municipal area to which it applied on December 31, 2000, until it is revoked or amended to provide otherwise.
Effect of this section
(10)Nothing in this section authorizes the repeal or amendment of a by-law or resolution conferring rights, privileges, franchises, immunities or exemptions if the old municipality could not repeal or amend, as the case may be, the by-law or resolution.
Employees of divided municipalities
(11)A person who is an employee of a divided municipality on December 31, 2000 and who would, but for this Act, still be an employee of the divided municipality on January 1, 2001 is entitled to be an employee of the town, the Town of Norfolk or a local board of one of them on January 1, 2001.
Same
(12)A person's employment with a divided municipality shall be deemed not to have been terminated for any purpose by anything in subsection (11).
Local Boards
Police services board
7.(1)On January 1, 2001, the Regional Municipality of Haldimand-Norfolk Police Services Board is continued under the name "Haldimand and Norfolk Police Services Board" in English and "Commission des services policiers de Haldimand et Norfolk" in French.
Same
(2)The Haldimand and Norfolk Police Services Board is the police services board of the town and the Town of Norfolk.
Joint board
(3)The Haldimand and Norfolk Police Services Board shall be deemed to be a joint board established under subsection 33 (1) of the Police Services Act by the agreement described in subsection (4).
Same
(4)The agreement dated July 22, 1998 between The Regional Municipality of Haldimand-Norfolk and the Solicitor General for the provision of police services in the regional municipality is continued as an agreement between the Town of Haldimand and the Town of Norfolk, as parties in lieu of the regional municipality, and the Solicitor General. Subsections 10 (2) and 33 (2) of the Police Services Act shall be deemed to have been complied with in connection with the agreement.
Board members
(5)Despite subsection 33 (5) of the Police Services Act, a member of the Regional Municipality of Haldimand-Norfolk Police Services Board on December 31, 2000 continues as a member of the Haldimand and Norfolk Police Services Board until the appointment of his or her successor, and he or she is eligible for reappointment.
Public library board
8.(1)On January 1, 2001, a library board for the town is established under the name "Haldimand Public Library Board" in English and "Conseil des bibliothques publiques de Haldimand" in French.
Status
(2)The Haldimand Public Library Board shall be deemed to be a public library board established under the Public Libraries Act.
Dissolution of old boards
(3)The public library boards of the old municipalities and of the City of Nanticoke are dissolved on January 1, 2001.
Exception, emergency powers
(4)Until the members of the Haldimand Public Library Board first take office after December 31, 2000, each public library board of an old municipality or the City of Nanticoke continues to have the powers it possesses on December 31, 2000, for the purpose of dealing with emergencies in the municipal area.
Assets and liabilities
(5)All the assets and liabilities of the public library boards of the old municipalities on December 31, 2000, including all rights, interests, approvals, status, registrations, entitlements and contractual benefits and obligations, become assets and liabilities of the Haldimand Public Library Board on January 1, 2001, without compensation.
Same, divided municipality
(6)All the assets and liabilities of the public library board of the City of Nanticoke on December 31, 2000 that are allocated to the town under section 34, including all rights, interests, approvals, status, registrations, entitlements and contractual benefits and obligations, become assets and liabilities of the Haldimand Public Library Board on January 1, 2001, without compensation.
By-laws and resolutions
(7)Every by-law or resolution of a public library board of an old municipality that is in force on December 31, 2000 shall be deemed to be a by-law or resolution of the Haldimand Public Library Board on January 1, 2001 and remains in force, in respect of the part of the municipal area to which it applied on December 31, 2000, until it expires or is repealed or amended to provide otherwise.
Same, divided municipality
(8)Every by-law or resolution of a public library board of the City of Nanticoke that is in force on December 31, 2000 in respect of a part of the municipal area shall be deemed to be a by-law or resolution of the Haldimand Public Library Board on January 1, 2001 and remains in force, in respect of the part of the municipal area to which it applied on December 31, 2000, until it expires or is repealed or amended to provide otherwise.
Same
(9)Nothing in this section authorizes the repeal or amendment of a by-law or resolution conferring rights, privileges, franchises, immunities or exemptions if the public library board of an old municipality or a divided municipality could not repeal or amend, as the case may be, the by-law or resolution.
Public utility commissions
9.(1)The public utility commissions of the old municipalities and of the City of Nanticoke are dissolved on January 1, 2001.
Assets and liabilities
(2)All the assets and liabilities of the public utility commissions of the old municipalities on December 31, 2000, including all rights, interests, approvals, status, registrations, entitlements and contractual benefits and obligations, become assets and liabilities of the town on January 1, 2001, without compensation.
Same, divided municipality
(3)All the assets and liabilities of the public utility commission of the City of Nanticoke on December 31, 2000 that are allocated to the town under section 34, including all rights, interests, approvals, status, registrations, entitlements and contractual benefits and obligations, become assets and liabilities of the town on January 1, 2001, without compensation.
Other local boards
10.(1)This section does not apply with respect to police services boards, boards of health, public library boards and public utility commissions.
Local boards continued
(2)The local boards of the old municipalities on December 31, 2000 are continued as local boards of the town on January 1, 2001.
Same, divided municipalities
(3)Each of the local boards of the divided municipalities on December 31, 2000 is continued as two separate local boards of the town and of the Town of Norfolk, respectively, on January 1, 2001.
Same
(4)Each of the two separate local boards established by subsection (3) stands in the place of the local board of the divided municipality with respect to the matters that are within the jurisdiction of the separate local board.
Merging
(5)The town may merge two or more local boards continued by subsection (2) or (3) into a new local board.
Effect on by-laws, etc.
(6)When two or more local boards (the "predecessor boards") are merged into a new local board, every by-law or resolution of a predecessor board that is in force immediately before the merger shall be deemed to be a by-law or resolution of the new local board when the merger takes place, and it remains in force, in respect of the part of the municipal area to which it applied immediately before the merger, until it expires or is repealed or amended to provide otherwise.
Same
(7)Subsection (6) applies, with necessary modifications, with respect to by-laws and resolutions of the town that relate to a predecessor board.
Assets and liabilities
(8)All the assets and liabilities of the predecessor boards immediately before they are merged, including all rights, interests, approvals, status, registrations, entitlements and contractual benefits and obligations, become assets and liabilities of the new local board when the merger takes place, without compensation.
Effect of this section
(9)Nothing in this section authorizes the repeal or amendment of a by-law or resolution conferring rights, privileges, franchises, immunities or exemptions if the predecessor board could not repeal or amend, as the case may be, the by-law or resolution.
Employees of old local boards
11.(1)A person who is an employee of a local board of an old municipality on December 31, 2000 and who would, but for this Act, still be an employee of the local board on January 1, 2001 is entitled to be an employee of the town or of one of its local boards on January 1, 2001.
Same
(2)A person who is an employee of a local board of a divided municipality on December 31, 2000 and who would, but for this Act, still be an employee of the local board on January 1, 2001 is entitled to be an employee of the town, the Town of Norfolk or of a local board of one of them on January 1, 2001.
Same
(3)A person's employment with a local board of an old municipality or a divided municipality shall be deemed not to have been terminated for any purpose by anything in subsection (1) or (2).
Powers of the Town
Powers re board of health
12.(1)The town is the board of health for the Haldimand-Norfolk Health Unit, if the transition board designates it as the board of health on or before the prescribed date.
Same
(2)If the transition board does not designate a board of health for the Haldimand-Norfolk Health Unit on or before the prescribed date under subsection (1), the town is the board of health for the unit if the Minister of Health and Long-Term Care designates it as such by a regulation made under this subsection.
Same
(3)If the town is designated as the board of health for the Haldimand-Norfolk Health Unit, the town has the powers, rights and duties of a board of health under the Health Protection and Promotion Act.
Management of landfill site
13.Jointly with the Town of Norfolk, the town shall operate and maintain the Tom Howe landfill site referred to in subsection 6 (6), unless they agree otherwise.
Financial Matters
Allocation of certain shared costs
14.(1)The following costs shall be allocated in the prescribed manner between the town and the Town of Norfolk:
1.The costs of operating and maintaining the Tom Howe landfill site referred to in subsection 6 (6).
2.The costs of the Haldimand and Norfolk Police Services Board payable under the agreement referred to in subsection 7 (4).
Payment
(2)The town shall pay the costs described in subsection (1) that are allocated to it.
Determination of amounts
(3)The amount of the costs or expenses to be allocated between the town and the Town of Norfolk under the following statutes shall be determined in the prescribed manner instead of the manner required by the applicable statute:
1.If a designated area under the Ambulance Act consists, in whole or in part, of the town and the Town of Norfolk, or of a portion of them, the costs that would otherwise be apportioned under that Act to the town and the Town of Norfolk in respect of the designated area.
2.The costs incurred by the town or the Town of Norfolk as the delivery agent under the Day Nurseries Act for the geographic area of the town and the Town of Norfolk.
3.The expenses mentioned in subsection 72 (1) of the Health Protection and Promotion Act that are incurred in respect of the Haldimand-Norfolk Health Unit.
4.The costs incurred by the town or the Town of Norfolk as the delivery agent under the Ontario Works Act, 1997 for the geographic area of the town and the Town of Norfolk.
5.The costs that would otherwise be allocated to the town and the Town of Norfolk under subsection 4 (7) of the Social Housing Funding Act, 1997.
By-law re special services
15.(1)Subject to the restrictions set out in this section, the town may do the following things by by-law:
1.Identify a special service.
2.Determine the amount of the town's costs (including capital costs, debenture charges and charges for depreciation or for a reserve fund) that are related to that special service.
3.Subject to a regulation made under subsection (5), designate one or more merged areas of the town as an area in which the residents and property owners receive or will receive an additional municipal benefit from the special service that is not or will not be received in the other merged areas of the town.
4.Determine the portion of the amount determined under paragraph 2 that represents the additional cost of providing the additional municipal benefit in each area designated under paragraph 3 and set out the method it used for making that determination.
5.Determine the amount, if any, of the additional cost referred to in paragraph 4 that is to be raised under subsection (8).
Restriction
(2)A by-law may be made with respect to a special service,
(a)that was being provided in a merged area of the town by or on behalf of an old municipality or divided municipality or a local board of an old municipality or divided municipality; and
(b)that continued to be provided in the merged area by or on behalf of the town or a local board of the town at any time during 2001.
Same
(3)A by-law cannot designate a merged area under paragraph 3 of subsection (1) as one in which residents and property owners do not currently receive but will receive an additional municipal benefit from the special service in future unless,
(a)the expenditures necessary to make the additional benefit available in the merged area appear in the town's budget for the year (as adopted under section 367 of the Municipal Act); or
(b)the town has established a reserve fund to finance those expenditures over a period of years.
Same
(4)The town cannot pass a by-law for a particular year (the "applicable year") after 2002 with respect to a particular special service unless the following conditions are met:
1.The town passed a by-law with respect to the special service in 2002.
2.The town passed a by-law with respect to the special service for every year after 2002 and before the applicable year.
Regulation, designated areas
(5)For the purposes of paragraph 3 of subsection (1), the Minister may, by regulation,
(a)specify an area that may be designated under that paragraph even though it is not composed of one or more merged areas;
(b)prescribe circumstances in which an area may be designated under that paragraph even though it is not composed of one or more merged areas.
Same
(6)A regulation under subsection (5) may be general or specific in its application and may apply differently to different special services.
Same
(7)A regulation under subsection (5) may be made retroactive to a date not earlier than January 1 of the year in which the regulation is made.
Special levy
(8)For each year in which a by-law under subsection (1) is in force, the town shall levy a special local municipality levy under section 368 of the Municipal Act on the rateable property in the area designated under paragraph 3 of subsection (1) to raise the amount determined under paragraph 5 of that subsection.
Same
(9)Such rateable property as may be prescribed is exempt from the levy under subsection (8) to the extent prescribed.
Adjustments, general local municipality levy
16.(1)This section applies with respect to the tax rates levied to raise the general local municipality levy under section 368 of the Municipal Act.
Interpretation
(2)A reference in this section to the assets or liabilities of a merged area is a reference to,
(a)in the case of a merged area comprised of an old municipality, the assets or liabilities on December 31, 2000 of the municipality and its local boards; and
(b)in the case of a merged area comprised of part of a divided municipality, the assets or liabilities on December 31, 2000 of the municipality and its local boards that are allocated to the town under section 34.
Decrease in tax rates
(3)Subject to the restrictions set out in this section, the town may, by by-law, decrease the tax rates that would otherwise apply on the assessment within a merged area,
(a)if the town council considers that it would be unfair that the taxpayers in the merged area not receive direct benefit from the assets or any class of assets of the merged area; and
(b)if the amount of taxes lost by decreasing the tax rates does not exceed the value of the assets referred to in clause (a).
Increase in tax rates
(4)Subject to the restrictions set out in this section, the town may, by by-law, increase the tax rates that would otherwise apply on the assessment within a merged area,
(a)if the town council considers that it would be unfair that the taxpayers outside the merged area be responsible for the liabilities or any class of liabilities of the merged area; and
(b)if the amount of taxes gained by increasing the tax rates does not exceed the value of the liabilities referred to in clause (a).
Restriction
(5)The town cannot pass a by-law under this section for 2009 or a subsequent year.
Same
(6)The town cannot pass a by-law under this section for a particular year (the "applicable year") after 2002 with respect to a merged area unless the following conditions are met:
1.The town passed a by-law under this section in 2002 with respect to the merged area.
2.The town passed a by-law under this section with respect to the merged area for every year after 2002 and before the applicable year.
Same
(7)In any year, increases or decreases, as the case may be, in the tax rates on different classes of property in a merged area must bear the same proportion to each other as the proportion of the applicable tax ratios established under section 363 of the Municipal Act for the property classes for the year.
Budget
(8)The town shall include in its budget (as adopted under section 367 of the Municipal Act) for a year the amounts resulting from an increase or decrease in tax rates under this section for the year.
Regulations
(9)The Minister may, by regulation, require the town to exercise its powers under this section and may require the town to do so with respect to such assets and liabilities as may be specified in the regulation and to do so in the manner specified in the regulation.
General or specific
(10)A regulation under subsection (9) may be general or specific in its application.
Retroactivity
(11)A regulation under subsection (9) may be made retroactive to January 1 of the year in which it is made.
Effect on by-laws
(12)A by-law of the town passed under this section, whether it is passed before or after a regulation is made under subsection (9), is of no effect to the extent that it does not comply with the regulation.
Definitions
(13)In this section, "
assets" means reserves, reserve funds and such other assets as may be prescribed; ("lments d'actif") "
liabilities" means debts and such other liabilities as may be prescribed. ("lments de passif")
Sewage services rates
17.The town may pass by-laws under section 221 of the Municipal Act for imposing sewage services rates to recover all or part of the cost of the establishment, construction, maintenance, operation, extension, improvement and financing of the collection and disposal of sewage.
Levies for various services
18.(1)The town may establish one or more municipal service areas and levy one or more special local municipality levies under section 368 of the Municipal Act in the municipal service areas for the purpose of raising all or part of its costs for the following services, including the costs of establishing, constructing, maintaining, operating, improving, extending and financing those services:
1.The supply and distribution of water.
2.Fire protection and prevention.
3.Public transportation, other than highways.
4.Street lighting.
5.The collection and disposal of sewage.
Same
(2)For the purposes of subsection (1), the town may levy different special local municipality levies in different municipal service areas and the different levies may vary on any basis the town considers relevant.
Area taxing power
19.(1)In this section, "
area taxing power" means a power under section 15 or 18 of this Act or under any other provision of an Act, regulation or order that authorizes the town to raise costs related to services by imposing taxes on less than all the rateable property in the town.
Duty
(2)The town shall exercise its area taxing power with respect to such services as may be prescribed and shall do so in the prescribed taxation years and in the prescribed manner.
Same
(3)A regulation authorized by subsection (2) cannot prescribe a taxation year after the 2004 taxation year.
Effect on by-laws
(4)A by-law of the town passed under an area taxing power, whether it is passed before or after a regulation authorized by subsection (2), is of no effect to the extent that it does not comply with the regulation.
Expenses of the transition board in 2001
20.(1)The town shall pay that portion of the expenses of the transition board for 2001 that is specified by the transition board, and shall make payments in the amounts and at the times specified by the transition board.
Same
(2)The transition board shall give the town council an estimate of its expenses and the council shall include in the town's operating budget for 2001 the portion of the expenses that the town is required to pay.
Same
(3)The expenses of the transition board include the remuneration and expenses of its members, as authorized under section 21.
Transition Board
Transition board
21.(1)A transition board shall be established by a regulation made under this section.
Same
(2)The transition board is a corporation without share capital and is composed of such persons as the Minister may appoint, including non-voting members.
Chair
(3)The Minister may designate a member of the board as its chair.
Remuneration
(4)The members of the board are entitled to be paid the remuneration and expenses authorized by a regulation made under this section.
Function
(5)The primary function of the transition board is to facilitate the transition from the old municipalities, the divided municipalities and their local boards to the town, the Town of Norfolk and their local boards,
(a)by controlling the decisions of the old municipalities, divided municipalities and their local boards that could have significant financial consequences for the town, the Town of Norfolk and their local boards; and
(b)by developing business plans for the town, the Town of Norfolk and their local boards in order to maximize the efficiency and costs savings of this new municipal structure.
Powers and duties
(6)The transition board has such powers and duties for the purposes of this Act and the Town of Norfolk Act, 1999 as may be prescribed by a regulation made under this section, in addition to the powers and duties set out in this Act and in that Act.
Power to delegate
(7)The transition board may authorize one or more of its members to exercise a power or perform a duty under this Act or under the Town of Norfolk Act, 1999 on its behalf.
Other powers
(8)The transition board may hire staff, arrange for facilities and obtain expert services, as it considers necessary to perform its functions.
Regulations
(9)The Minister may make regulations providing for the matters referred to in this section as matters to be dealt with or prescribed by a regulation made under this section.
Same
(10)Without limiting the generality of subsection (9), a regulation respecting the powers and duties of the transition board may,
(a)set out the powers and duties of the board with respect to the Minister, the board itself, the town and its local boards, the Town of Norfolk and its local boards, the old municipalities and their local boards and the divided municipalities and their local boards;
(b)provide that the board shall be deemed to be a municipality, including a regional municipality, for the purpose of any Act, which Act would then apply to the board with the modifications specified in the regulation;
(c)authorize the board to issue guidelines with respect to the matters specified in the regulation;
(d)specify matters relating to the procedures and operations of the board.
Same
(11)A regulation under this section may be general or specific in its application.
Application of guidelines
(12)A guideline authorized under clause (10) (c) and issued by the transition board may provide that it applies with respect to actions taken before the guidelines were issued.
Panels of the transition board
22.(1)The transition board may be divided into such panels as may be prescribed.
Duties
(2)For the purposes of this Act and the Town of Norfolk Act, 1999, each panel has such duties as may be prescribed, with respect to such matters as may be specified that arise out of the dissolution of the old municipalities, the divided municipalities and their local boards and the incorporation of the town and of the Town of Norfolk.
Powers
(3)A panel may exercise any of the powers of the transition board for the purpose of performing the panel's duties.
Restriction on transition board
(4)The transition board is not authorized to exercise any of its powers in connection with the matters specified in a regulation made under subsection (2), to the extent that a panel has duties with respect to them.
Power re board of health
23.(1)The transition board may designate either the town or the Town of Norfolk as the board of health for the Haldimand-Norfolk Health Unit, if it makes the designation on or before the prescribed date.
Notice
(2)The transition board shall give the Minister of Health and Long-Term Care notice of a designation made under subsection (1).
Recommended designation re day nurseries
24.(1)The transition board may recommend to the Minister of Community and Social Services that the town or the Town of Norfolk be designated as the delivery agent under subsection 2.2 (1) of the Day Nurseries Act for the geographic area of the town and the Town of Norfolk, if it makes the recommendation on or before the prescribed date.
Deemed designation
(2)On January 1, 2001, the geographic area of the town and the Town of Norfolk shall be deemed to have been designated as a geographic area under section 2.1 of the Day Nurseries Act.
Recommended designation
(3)The transition board may recommend to the Minister of Community and Social Services that the town or the Town of Norfolk be designated as the delivery agent under subsection 38 (1) of the Ontario Works Act, 1997 for the geographic area of the town and the Town of Norfolk, if it makes the recommendation on or before the prescribed date.
Deemed designation
(4)On January 1, 2001, the geographic area of the town and the Town of Norfolk shall be deemed to have been designated as a geographic area under section 37 of the Ontario Works Act, 1997.
Designations by Minister
(5)If the transition board makes a recommendation under subsection (1) or (3), the Minister of Community and Social Services shall make the designation in accordance with the recommendation.
Power re employees of divided municipalities, etc.
25.(1)The transition board shall determine whether an employee of a divided municipality or of a local board of a divided municipality is, on January 1, 2001, either,
(a)an employee of the town or one of its local boards; or
(b)an employee of the Town of Norfolk or one of its local boards.
Same
(2)The transition board cannot specify under subsection (1) that the employee is employed by the town itself, by the Town of Norfolk itself, or by a particular local board of either town.
Same
(3)A person's employment with a divided municipality or a local board of a divided municipality shall be deemed not to have been terminated for any purpose by anything in subsection (1).
Power re certain employment contracts
26.(1)In the circumstances described in this section, the transition board may, by order, amend or rescind a contract (other than a collective agreement) entered into between an old municipality and a person who is a municipal officer required by statute or who is an employee of executive rank.
Same
(2)The contract must be one of the following:
1.A contract entered into after October 8, 1999, containing a provision described in subsection (3).
2.A contract amended after October 8, 1999 to include a provision described in subsection (3).
Provision
(3)The provision must be one that establishes compensation which, in the opinion of the transition board, is unreasonably high in comparison to persons in similar situations.
Definition
(4)In this section, "
compensation" includes severance payments and payments during a period of notice of termination or payments in lieu of such notice.
Power to hire certain town employees
27.(1)The transition board shall establish the key elements of the town's organizational structure and hire the municipal officers required by statute and any employees of executive rank whom the transition board considers necessary to ensure the good management of the town.
Same
(2)When the transition board hires a person under subsection (1), the following rules apply:
1.The transition board has the authority to negotiate the terms of the employment contract with the person.
2.The town is bound by the employment contract.
3.The employment contract may take effect on or before January 1, 2001.
4.If the contract takes effect before January 1, 2001, the person is the employee of the transition board before January 1, 2001 and the employee of the town beginning on January 1, 2001. If the contract takes effect on January 1, 2001, the person is the employee of the town.
5.While the person is an employee of the transition board, the person shall be deemed to be an employee under the Ontario Municipal Employees Retirement System Act, and the transition board shall be deemed, in respect of the person, to be an employer under that Act.
6.On January 1, 2001, the town council shall be deemed to have taken all the steps that may be required to make the person the effective holder of his or her office.
Powers re information, etc.
28.(1)The transition board has the following powers to obtain information, records and documents from an old municipality, a divided municipality and a local board of either of them:
1.To require the old municipality, divided municipality or local board to submit a report to the transition board,
i.identifying the assets and liabilities of the old municipality, divided municipality or local board, or specified categories of those assets and liabilities, and
ii.naming the members and employees of the old municipality, divided municipality or local board and stating their position, terms of employment, remuneration and employment benefits.
2.To require the old municipality or divided municipality to submit a report to the transition board listing the entities, including local boards,
i.that were established by or for the old municipality or divided municipality and that exist when the report is made, or
ii.that received funding from the old municipality or divided municipality in 1999.
3.To require the old municipality or divided municipality to submit a report to the transition board,
i.listing the entities, including local boards, to which the old municipality or divided municipality has the power to make appointments, and
ii.for each entity, identifying the source of the power to make the appointments, naming each current appointee and stating when his or her term expires.
4.To require the old municipality, divided municipality or local board to give the transition board information, records or documents that are in the possession or control of the municipality or local board and are relevant to the functions of the transition board.
5.To require the old municipality, divided municipality or local board to create a new document or record that is relevant to the functions of the transition board by compiling existing information, and to give the document or record to the transition board.
6.To require the old municipality, divided municipality or local board to give the transition board a report concerning any matter the transition board specifies that is relevant to the functions of the transition board.
7.To require the old municipality, divided municipality or local board to update information previously given to the transition board under any of the preceding paragraphs.
8.To impose a deadline for complying with a requirement imposed under any of the preceding paragraphs.
Conflict
(2)A requirement of the transition board under subsection (1) prevails over a restriction or prohibition in the Freedom of Information and Protection of Privacy Act and the Municipal Freedom of Information and Protection of Privacy Act.
Secondments
(3)The transition board may require that an employee of an old municipality, a divided municipality or a local board of either be seconded to work for the transition board.
Same
(4)A person who is seconded to the transition board remains the employee of the old municipality, divided municipality or local board, which is entitled to recover his or her salary and the cost of his or her employment benefits from the transition board.
Same
(5)A person who is seconded to the transition board is entitled to receive the same employment benefits and at least the same salary as in his or her permanent position.
Duty to co-operate, etc.
29.(1)The members of the council of each old municipality and divided municipality, the employees and agents of either and the members, employees and agents of each local board of either shall,
(a)co-operate with the members, employees and agents of the transition board, assist them in the performance of their duties and comply with their requests under this Act; and
(b)on request, allow any person described in clause (a) to examine and copy any document, record or other information in the possession or control of the old municipality, divided municipality or local board, as the case may be, that is relevant to the functions of the transition board.
Conflict
(2)This section applies despite any restriction or prohibition in the Freedom of Information and Protection of Privacy Act and the Municipal Freedom of Information and Protection of Privacy Act.
Duties re personal information
30.(1)A person who obtains information under subsection 28 (1) or section 29 that is personal information as defined in the Municipal Freedom of Information and Protection of Privacy Act shall use and disclose it only for the purposes of this Act.
Same
(2)Without limiting the generality of subsection (1), the personal information referred to in that subsection includes information relating to,
(a)a financial transaction or proposed financial transaction of an old municipality, a divided municipality or a local board of either;
(b)anything done or proposed to be done in connection with the finances of an old municipality, a divided municipality or a local board of either by a member of the council of the municipality or local board or by an employee or agent of the municipality or local board.
Offence
(3)A person who wilfully fails to comply with subsection (1) shall be deemed to contravene clause 48 (1) (a) of the Municipal Freedom of Information and Protection of Privacy Act.
Conflict
(4)Subsection (1) applies despite anything in the Freedom of Information and Protection of Privacy Act or the Municipal Freedom of Information and Protection of Privacy Act.
Protection from personal liability
31.(1)No proceeding for damages shall be commenced against the transition board or any of its members, employees or agents for any act done in good faith in the execution or intended execution of their powers and duties under this Act or for any alleged neglect or default in the execution in good faith of their powers and duties.
Same
(2)Subsection (1) also applies in respect of an employee or agent of an old municipality, a divided municipality or a local board of either who acts under the direction of,
(a)the transition board or a member of it;
(b)the council of the old municipality or divided municipality; or
(c)the local board.
Vicarious liability
(3)Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsections (1) and (2) do not relieve any person, other than one mentioned in those subsections, of any liability to which the person would otherwise be subject.
Dissolution of the transition board
32.(1)The transition board is dissolved on January 31, 2001 or on such later date as the Minister may, by regulation, specify.
Assets and liabilities
(2)All the assets and liabilities of the transition board immediately before it is dissolved that are allocated to the town under section 34, including all rights, interests, approvals, status, registrations, entitlements and contractual benefits and obligations, become assets and liabilities of the town, when the transition board is dissolved, without compensation.
By-laws and resolutions
(3)Every by-law or resolution of the transition board that is in force immediately before the transition board is dissolved shall be deemed to be a by-law or resolution of the town council when the transition board is dissolved and remains in force, in respect of the part of the municipal area to which it applied immediately before the transition board was dissolved, until it expires or is repealed or amended to provide otherwise.
Effect of this section
(4)Nothing in this section authorizes the repeal or amendment of a by-law or resolution conferring rights, privileges, franchises, immunities or exemptions if the transition board could not repeal or amend, as the case may be, the by-law or resolution.
Allocation Committees
Allocation committees
33.(1)One or more allocation committees may be established by the Minister, on or before December 1, 2000.
Same
(2)The Minister shall specify the classes of assets and liabilities to be allocated by each committee.
Purpose
(3)The purpose of the committee is to allocate such assets and liabilities of a divided municipality or any of its local boards or of the transition board as are specified under subsection (2) between the town and the Town of Norfolk, or between the local boards of either of them.
Basis for making allocation
(4)The committee may allocate the assets and liabilities of a divided municipality or any of its local boards or of the transition board on the following basis:
1.The committee shall consider whether an asset or liability primarily pertains to, or is used primarily in connection with, matters that will be within the jurisidiction of the town, the Town of Norfolk or a particular local board of one of them.
2.The committee may consider whether allocating an asset or liability on another basis is reasonable under the circumstances, and may make such an allocation.
3.If the committee makes an allocation in accordance with paragraph 2, the committee may provide for financial adjustments to be made to take into account the impact on the other municipality or local board of doing so instead of making the allocation in accordance with paragraph 1.
Composition
(5)Each committee shall include the treasurer of each divided municipality whose assets or liabilities are to be allocated by the committee.
The allocation process
34.(1)Before December 31, 2000, each allocation committee shall make a preliminary allocation of the assets and liabilities that are to be allocated by it, to the extent that the committee knows about them, and may provide for financial adjustments between the affected entities.
Effective date, preliminary allocation
(2)A preliminary allocation takes effect on January 1, 2001.
Final allocation
(3)Before October 31, 2001, each committee shall make a final allocation of the assets and liabilities and may provide for financial adjustments between the affected entities.
Same, effective date
(4)Subject to subsection (11), a final allocation takes effect as of January 1, 2001, and the assets and liabilities become the assets and liabilities of the entity specified by the committee in the document setting out the final allocation, despite the effect of the preliminary allocation.
Financial adjustment
(5)If a final allocation includes a financial adjustment, the money is due and payable in accordance with the terms of the final allocation.
Notice of allocation
(6)The committee shall notify the town and the Town of Norfolk of the details of the final allocation within 30 days after making the allocation and shall also notify any local board of either of them that is directly affected by the final allocation.
Notice of appeal
(7)Within 30 days after receiving notice of the final allocation, either town or a local board that received notice of the final allocation may appeal the final allocation by filing a written notice of appeal with the Minister together with reasons for the appeal.
Board of arbitration
(8)The Minister shall appoint a board of arbitration to hear and determine the appeal.
Same
(9)The board of arbitration shall give the parties to the appeal an opportunity to be heard.
Same
(10)The Arbitration Act, 1991 applies with respect to the appeal.
Decision final
(11)The decision of the board of arbitration is final, and the final allocation shall be deemed to be changed in accordance with the decision.
Powers and Duties of Old Municipalities
and Divided Municipalities
Regulations re powers and duties
35.(1)The Minister may make regulations providing that an old municipality, a divided municipality or a local board of either,
(a)shall not exercise a specified power under a particular Act;
(b)shall not exercise a specified power under a particular Act unless it is exercised in the manner specified in the regulation;
(c)shall not exercise a specified power under a particular Act without the approval of the transition board or of such other person or body as is specified in the regulation;
(d)shall not exercise a specified power under a particular Act unless it is exercised in accordance with the guidelines, if any, issued by the transition board under this Act.
Same
(2)A regulation under subsection (1) may be general or specific in its application.
Same
(3)The following rules apply with respect to regulations under subsection (1):
1.A regulation cannot prevent an old municipality, divided municipality or local board from doing anything that it is otherwise required by law to do.
2.A regulation cannot prevent an old municipality, divided municipality or local board from taking action in an emergency.
3.A regulation cannot prevent the performance of a contract entered into before the day this subsection comes into force.
4.A regulation cannot prevent an action that is approved by, or done in accordance with, guidelines of the transition board issued under this Act.
5.A regulation cannot prevent an action that is provided for by a by-law or resolution that also contains provisions to the effect that the by-law or resolution does not come into force until,
i.the approval of the transition board or other person or body specified by a regulation made under clause (1) (c) has been obtained, or
ii.guidelines authorizing the action are issued by the transition board under this Act.
6.If the transition board or another person or body is authorized to give an approval under this Act, it may approve an action in advance or retroactively and may impose conditions that apply to the approval.
Expenses of the transition board in 2000
36.(1)The Regional Municipality of Haldimand-Norfolk shall pay the expenses of the transition board for 2000, in the amounts and at the times specified by the transition board.
Same
(2)The transition board shall give the council of the regional municipality an estimate of its expenses and the regional municipality shall include them in its operating budget for 2000.
Same
(3)The expenses of the transition board include the remuneration and expenses of its members, as authorized under section 21.
Collective Bargaining
Before January 1, 2001
Collective bargaining, old municipalities
37.(1)The collective agreement, if any, that applies with respect to employees of an old municipality immediately before this subsection comes into force continues to apply with respect to those employees and with respect to employees hired to replace them until the day on which the collective agreement or the composite agreement of which it becomes a part ceases to apply under subsection 23 (8) or 24 (7), section 29 or subsection 31 (3) of the Public Sector Labour Relations Transition Act, 1997 with respect to those employees.
Expired agreements
(2)If no collective agreement is in operation immediately before subsection (1) comes into force, the most recent collective agreement, if any, shall be deemed to be in effect from that day for the purposes of this Act, and subsection (1) applies with necessary modifications.
Termination of certain proceedings
(3)On the day subsection (1) comes into force, the appointment of a conciliation officer under section 49 of the Fire Protection and Prevention Act, 1997, section 18 of the Labour Relations Act, 1995 or section 121 of the Police Services Act for the purpose of endeavouring to effect a collective agreement between an old municipality and a bargaining agent with respect to employees described in subsection (1) is terminated.
No appointment
(4)No conciliation officer shall be appointed in respect of a dispute concerning a collective agreement described in subsection (3).
Duty to bargain terminated
(5)On and after the day subsection (1) comes into force, no bargaining agent is under an obligation to bargain as a result of a notice to bargain given to it by an old municipality and no old municipality is under an obligation to bargain as a result of a notice to bargain given to it by a bargaining agent.
No notice to bargain to be given
(6)On and after the day subsection (1) comes into force, no bargaining agent shall give notice to bargain to an old municipality under section 47 of the Fire Protection and Prevention Act, 1997, section 16 or 59 of the Labour Relations Act, 1995 or section 119 of the Police Services Act.
Same
(7)On and after the day subsection (1) comes into force, no old municipality shall give notice to bargain to a bargaining agent under section 47 of the Fire Protection and Prevention Act, 1997, section 16 or 59 of the Labour Relations Act, 1995 or section 119 of the Police Services Act.
Interest arbitrations terminated
(8)On the day subsection (1) comes into force, interest arbitrations to which an old municipality is a party and in which a final decision has not been issued are terminated.
Right to strike
(9)Before January 1, 2001, no employee of an old municipality shall strike against the municipality and no old municipality shall lock out an employee.
Enforcement
(10)Sections 81 to 85 and 100 to 108 of the Labour Relations Act, 1995 apply with necessary modifications with respect to the enforcement of this section.
Alterations to bargaining units
38.(1)Before January 1, 2001, for the purposes of section 20 of the Public Sector Labour Relations Transition Act, 1997, the transition board may make an agreement with bargaining agents who represent employees of an old municipality to change or not to change the number and description of the bargaining units in respect of which the agents have bargaining rights, and the agreement is binding upon the town as if it had been made by the town.
Agreement re change in bargaining units
(2)The agreement does not come into effect until the later of,
(a)the day on which the conditions described in subsections 20 (7) and (8) of the Public Sector Labour Relations Transition Act, 1997 are satisfied; and
(b)January 1, 2001.
Restrictions
(3)If an agreement is made, during the period beginning 10 days after it is executed and ending when it comes into effect, no application may be made for certification of a bargaining agent to represent employees of an old municipality who are not members of a bargaining unit when the agreement is executed.
Same
(4)During the period beginning when subsection (1) comes into force and ending on December 31, 2000, no application may be made for certification of a bargaining agent to represent employees who are already represented by a bargaining agent and no application may be made for a declaration that a bargaining agent that represents such employees no longer represents them.
Same
(5)On and after January 1, 2001, the right to make an application described in subsection (4) is (subject to the Public Sector Labour Relations Transition Act, 1997) determined under the Act that otherwise governs collective bargaining in respect of the employees.
Deeming
(6)For the purposes of clause (2) (a) of this section and of subsection 20 (7) of the Public Sector Labour Relations Transition Act, 1997, the transition board shall be deemed to be the employer.
Agreement re change of bargaining agents
(7)If an agreement described in subsection (1) is made, any agreement made by the bargaining agents concerned under section 21 of the Public Sector Labour Relations Transition Act, 1997 does not come into effect until the later of,
(a)the day on which the conditions described in subsection 21 (2) of that Act are satisfied; and
(b)January 1, 2001.
Notice of agreement
(8)A copy of the agreement under section 21 of the Public Sector Labour Relations Transition Act, 1997 may be given either to the transition board before January 1, 2001 or to the town after December 31, 2000, for the purposes of clause (7) (a) of this section and of subsection 21 (2) of that Act.
Determination re bargaining agent
(9)For the purposes of subsection 21 (4) of the Public Sector Labour Relations Transition Act, 1997, the transition board or a bargaining agent may make a request to the Ontario Labour Relations Board before January 1, 2001.
Appropriate bargaining units
39.(1)Before January 1, 2001, for the purposes of section 22 of the Public Sector Labour Relations Transition Act, 1997, the transition board may apply to the Ontario Labour Relations Board for an order determining the number and description of the bargaining units that, in the Board's opinion, are likely to be appropriate for the town's operations.
Order
(2)An order by the Ontario Labour Relations Board under section 22 of the Public Sector Labour Relations Transition Act, 1997 is binding upon the town as if the application had been made by the town, and is binding even if the order is not made until after December 31, 2000.
Same
(3)An order made under section 22 of the Public Sector Labour Relations Transition Act, 1997 on an application under subsection (1) cannot take effect before January 1, 2001.
Restrictions
(4)If the transition board applies under subsection (1) for an order under section 22 of the Public Sector Labour Relations Transition Act, 1997, during the period beginning 10 days after the application is made and ending when an order comes into effect, no application may be made for certification of a bargaining agent to represent employees of an old municipality who are not members of a bargaining unit when the application is made.
Same
(5)During the period beginning when subsection (1) comes into force and ending on December 31, 2000, no application may be made for certification of a bargaining agent to represent employees who are already represented by a bargaining agent and no application may be made for a declaration that a bargaining agent that represents such employees no longer represents them.
Same
(6)On and after January 1, 2001, the right to make an application described in subsection (5) is (subject to the Public Sector Labour Relations Transition Act, 1997) determined under the Act that otherwise governs collective bargaining in respect of the employees.
Administration and enforcement
40.(1)Sections 37 (Ontario Labour Relations Board) and 38 (Arbitration Act, 1991) of the Public Sector Labour Relations Transition Act, 1997 apply, with necessary modifications, with respect to proceedings before the Ontario Labour Relations Board concerning requests under subsection 38 (9) and applications under subsection 39 (1).
Rules to expedite proceedings
(2)Rules made by the Ontario Labour Relations Board under subsection 37 (4) of the Public Sector Labour Relations Transition Act, 1997 apply, with necessary modifications, with respect to proceedings referred to in subsection (1).
Same
(3)Subsections 37 (5) and (6) of the Public Sector Labour Relations Transition Act, 1997 apply, with necessary modifications, with respect to the rules described in subsection (2).
Collective bargaining, divided municipalities
41.Sections 37 to 40 apply, with necessary modifications, with respect to divided municipalities.
Collective bargaining, old local boards
42.Sections 37 to 40 apply, with necessary modifications, with respect to the local boards of old municipalities or of divided municipalities.
The Regular Election in 2000
Terms extended
43.(1)The following persons, if in office on November 30, 2000, shall continue in office until the first council of the town is organized:
1.The members of the councils of the old municipalities and of the divided municipalities.
2.The members of the local boards of the old municipalities and of the divided municipalities.
Same
(2)Subsection (1) applies to elected and unelected persons, and applies despite section 6 of the Municipal Elections Act, 1996.
Rules for the regular election
44.The following rules apply to the regular election in 2000 in the municipal area:
1.The election shall be conducted as if sections 2, 3, 4, 5, 6 and 9 were already in force.
2.The transition board shall designate a person to conduct the regular election in 2000 under the Municipal Elections Act, 1996.
3.The clerks of the old municipalities and the divided municipalities and the clerk of the town, if appointed, shall assist the person designated under paragraph 2 and act under his or her direction.
4.The transition board acts as council for the purpose of making the decisions that council is required to make under the Municipal Elections Act, 1996 for the regular election. The town council shall make those decisions once the council is organized.
5.The costs of the election in the municipal area that are payable in 2000 shall be included in the operating budget of The Regional Municipality of Haldimand-Norfolk for 2000. The regional municipality shall pay those costs as directed by the person designated under paragraph 2. The costs of the election in the municipal area that are payable in 2001 shall be paid by the town.
6.Each area municipality under the Regional Municipality of Haldimand-Norfolk Act shall include in its operating budget for 2000 an amount equal to the amount it would have budgeted for the costs of the regular election in 2000 if this Act had not been passed, and shall pay that amount to The Regional Municipality of Haldimand-Norfolk on or before July 1, 2000.
7.The amount referred to in paragraph 6 shall be paid, first, from any reserve or reserve fund previously established by the area municipality for the costs of the regular election in 2000.
General
Enforcement
45.(1)The Minister may apply to the Superior Court of Justice for an order requiring a person or body to comply with any provision of this Act or a regulation made under this Act or with a decision or requirement of the transition board made under this Act.
Same
(2)Subsection (1) is additional to, and does not replace, any other available means of enforcement.
Regulations
46.(1)The Lieutenant Governor in Council may make regulations,
(a)providing that, with necessary modifications, the town or a local board of the town may exercise any power or is required to perform any duty of an old municipality or a local board of an old municipality on December 31, 2000 under an Act or a provision of an Act that does not apply to the town or local board as a result of the Fewer Municipal Politicians Act, 1999\;
(b)providing that, with necessary modifications, the town or a local board of the town may exercise any power or is required to perform any duty of a divided municipality or a local board of a divided municipality on December 31, 2000 with respect to the municipal area under an Act or a provision of an Act that does not apply to the town or local board as a result of the Fewer Municipal Politicians Act, 1999\;
(c)providing for consequential amendments to any Act that, in the opinion of the Lieutenant Governor in Council, are necessary for the effective implementation of this Act.
Same, Minister
(2)The Minister may make regulations,
(a)prescribing anything that is required or permitted by this Act to be done or prescribed by a regulation under this Act;
(b)defining any word or expression used in this Act that is not expressly defined in this Act;
(c)providing for any transitional matter that, in the opinion of the Minister, is necessary or desirable for the effective implementation of this Act;
(d)establishing wards for the purposes of section 3.
Examples
(3)A regulation under clause (2) (c) may provide, for example,
(a)that the town may undertake long-term borrowing to pay for operational expenditures on transitional costs, as defined in the regulation, subject to such conditions and restrictions as may be prescribed;
(b)that, for the purposes of section 8 of the Municipal Elections Act, 1996, the Minister may require a question to be submitted to the electors of all or any part of the municipal area set out in the regulation.
General or specific
(4)A regulation may be general or specific in its application.
Retroactive
(5)A regulation may be made retroactive to a date not earlier than January 1, 2001.
Conflicts
47.(1)This Act applies despite any general or special Act and despite any regulation made under any other Act, and in the event of a conflict between this Act and another Act or a regulation made under another Act, this Act prevails.
Same
(2)In the event of a conflict between a regulation made under this Act and a provision of this Act or of another Act or a regulation made under another Act, the regulation made under this Act prevails.
Commencement and Short Title
Commencement
48.(1)Subject to subsections (2) and (3), the Act set out in this Schedule comes into force on the day the Fewer Municipal Politicians Act, 1999 receives Royal Assent.
Same
(2)Sections 1 and 21 to 47 come into force on a day to be named by proclamation of the Lieutenant Governor.
Same
(3)Sections 2 to 20 come into force on January 1, 2001.
Short title
49.The short title of the Act set out in this Schedule is the Town of Haldimand Act, 1999.
Schedule A
the municipal area
(Definition of "municipal area" in section 1)
All of that part of the City of Nanticoke as it exists on December 31, 2000, that lies to the east of a line described as follows:
DESCRIPTION:
BEGINNING at the intersection of the centreline of Regional Road 74 with the southwesterly limit of the County of Brant;
THENCE southerly along the centreline of Regional Road 74 to its intersection with the prolongation of the centreline of the road allowance between Concessions 11 and 12 of the geographic Township of Townsend;
THENCE westerly to and along the centreline of the road allowance to its intersection with the prolongation of the limit between Lots 20 and 21, Concession 12 of the geographic Township of Townsend;
THENCE southerly to and along the limit between Lots 20 and 21 through Concessions 12 and 13 of the geographic Township of Townsend, to the dividing line between the north and south halves of Concession 13;
THENCE westerly along the dividing line to the dividing line between the east and west halves of Lot 20, Concession 13;
THENCE southerly along the dividing line between the east and west halves of Lot 20 through Concessions 13 and 14 of the geographic Township of Townsend to the southerly limit of railway right-of-way running east to west through Lot 20, Concession 14;
THENCE easterly along the southerly limit of the railway right-of-way to its intersection with the limit between Lots 20 and 21, Concession 14;
THENCE southerly along the limit between Lots 20 and 21, and its southerly prolongation, to the centreline of Highway No. 3;
THENCE easterly along the centreline of Highway No. 3 to its intersection with the prolongation of the centreline of Regional Road 70;
THENCE southerly to and along the centreline of Regional Road 70, and its southerly prolongation, to its intersection with the centreline of Highway No. 6;
THENCE southwesterly along the centreline of Highway No. 6 to its intersection with the prolongation of the limit between Lots 20 and 21, Concession 3 of the geographic Township of Woodhouse;
THENCE southerly to and along the limit between Lots 20 and 21 through Concessions 2, 3 and 1 of the geographic Township of Woodhouse to the limit of Lake Erie.
schedule c
CITY OF HAMILTON ACT, 1999
contents
Interpretation
Interprtation
1.
Definitions
1.
Dfinitions
The City
La cit
2.
Incorporation
2.
Constitution
3.
Wards
3.
Quartiers
4.
City council
4.
Conseil municipal
5.
Dissolution of old municipalities
5.
Dissolution des anciennes municipalits
Local Boards
Conseils locaux
6.
Police services board
6.
Commission de services policiers
7.
Public library board
7.
Conseil de bibliothques publiques
8.
Public utilities commissions
8.
Commission de services publics
9.
Other local boards
9.
Autres conseils locaux
10.
Employees of old local boards
10.
Employs des anciens conseils locaux
Powers of the City
Pouvoirs de la cit
11.
Powers of a board of health
11.
Pouvoirs d'un conseil de sant
Financial Matters
Questions financires
12.
By-law re special services
12.
Rglements municipaux : services spciaux
13.
Adjustments, general local municipality levy
13.
Redressement, impt gnral local
14.
Sewage services rates
14.
Redevances de service d'gout
15.
Levies for various services
15.
Impts pour divers services
16.
Area taxing power
16.
Pouvoir d'imposition de secteur
17.
Expenses of the transition board in 2001
17.
Dpenses du conseil de transition en 2001
Transition Board
Conseil de transition
18.
Transition board
18.
Conseil de transition
19.
Power re certain employment contracts
19.
Pouvoir : certains contrats de travail
20.
Power to hire certain city employees
20.
Pouvoir d'engager certains employs
21.
Powers re information, etc.
21.
Pouvoirs : renseignements
22.
Duty to co-operate, etc.
22.
Collaboration
23.
Duties re personal information
23.
Obligations : renseignements personnels
24.
Protection from personal liability
24.
Immunit
25.
Dissolution of the transition board
25.
Dissolution du conseil de transition
Powers and Duties of the Old Municipalities
Pouvoirs et fonctions
des anciennes municipalits
26.
Regulations re powers and duties
26.
Rglements : pouvoirs et fonctions
27.
Expenses of the transition board in 2000
27.
Dpenses du conseil de transition en 2000
Collective Bargaining
Before January 1, 2001
Ngociation collective
avant le 1er janvier 2001
28.
Collective bargaining, old municipalities
28.
Ngociation collective, anciennes municipalits
29.
Alterations to bargaining units
29.
Modification des units de ngociation
30.
Appropriate bargaining units
30.
Units de ngociation appropries
31.
Administration and enforcement
31.
Application et excution
32.
Collective bargaining, old local boards
32.
Ngociation collective, anciens conseils locaux
The Regular Election in 2000
lections ordinaires de 2000
33.
Terms extended
33.
Prolongation du mandat
34.
Rules for the regular election
34.
Rgles s'appliquant aux lections ordinaires
General
Dispositions gnrales
35.
Enforcement
35.
Excution
36.
Regulations
36.
Rglements
37.
Conflicts
37.
Incompatibilit
Commencement and Short Title
Entre en vigueur
et titre abrg
38.
Commencement
38.
Entre en vigueur
39.
Short title
39.
Titre abrg
Interpretation
Definitions
1.In this Act, "
city" means the City of Hamilton incorporated by this Act; ("cit") "
collective agreement" means,
(a)a collective agreement within the meaning of the Labour Relations Act, 1995,
(b)a collective agreement within the meaning of Part IX of the Fire Protection and Prevention Act, 1997, or
(c)an agreement under Part VIII of the Police Services Act\; ("convention collective") "
local board" means a public utility commission, transportation commission, public library board, board of park management, board of health, police services board or other body established or exercising power under any general or special Act with respect to any of the affairs of an old municipality or of the city, but does not include,
(a)the transition board,
(b)a children's aid society,
(c)a conservation authority, or
(d)a school board; ("conseil local") "
merged area" means all of an old municipality that forms part of the city; ("secteur fusionn") "
Minister" means the Minister of Municipal Affairs and Housing; ("ministre") "
municipal area" means the area that comprises the geographic area of jurisdiction of The Regional Municipality of Hamilton-Wentworth under the Regional Municipality of Hamilton-Wentworth Act on December 31, 2000; ("secteur municipal") "
municipal benefit" includes a direct or indirect benefit which is available immediately after an expenditure of money on a service or activity and a benefit which will be available only after an additional expenditure of money on the service or activity; ("avantage municipal") "
old municipality" means The Regional Municipality of Hamilton-Wentworth and each area municipality under the Regional Municipality of Hamilton-Wentworth Act on December 31, 2000; ("ancienne municipalit") "
special service" means a service or activity of the city that is not being provided or undertaken generally throughout the city or that is being provided or undertaken at different levels or in a different manner in different parts of the city; ("service spcial") "
transition board" means the transition board referred to in subsection 18 (1). ("conseil de transition")
The City
Incorporation
2.(1)On January 1, 2001, the inhabitants of the municipal area are constituted as a body corporate under the name "City of Hamilton" in English and "cit de Hamilton" in French.
Status
(2)The body corporate is a city and a local municipality for all purposes.
Board of control
(3)Despite subsection 64 (1) of the Municipal Act, the city shall not have a board of control.
Wards
3.The municipal area is divided into 13 wards as established by regulation.
City council
4.(1)The city council is composed of the mayor, elected by general vote, and 13 other members, elected in accordance with subsection (2).
Same
(2)One member of the council shall be elected for each ward.
Transition, first council
(3)The following special rules apply to the members of the council elected in the 2000 regular election:
1.Despite section 6 of the Municipal Elections Act, 1996, the members' terms of office begin on January 1, 2001.
2.Despite subsection 49 (1) of the Municipal Act, the first meeting of the council shall be held on or before January 9, 2001.
Dissolution of old municipalities
5.(1)The following municipalities are dissolved on January 1, 2001:
1.The Regional Municipality of Hamilton-Wentworth.
2.The City of Hamilton.
3.The Town of Dundas.
4.The City of Stoney Creek.
5.The Town of Ancaster.
6.The Town of Flamborough.
7.The Township of Glanbrook.
Rights and duties
(2)The city stands in the place of the old municipalities for all purposes.
Same
(3)Without limiting the generality of subsection (2),
(a)the city has every power and duty of an old municipality under any general or special Act, in respect of the part of the municipal area to which the power or duty applied on December 31, 2000; and
(b)all the assets and liabilities of the old municipalities on December 31, 2000, including all rights, interests, approvals, status, registrations, entitlements and contractual benefits and obligations, become assets and liabilities of the city on January 1, 2001, without compensation.
Same, debentures
(4)Without limiting the generality of clause (3) (b), the city stands in the place of The Regional Municipality of Hamilton-Wentworth with respect to debentures issued by the regional municipality on which the principal remains unpaid on December 31, 2000, and the city is also responsible to pay any related debt charges that are payable on or after January 1, 2001.
Exception, emergency powers
(5)Until the city council elected in the 2000 regular election is organized, each old municipality continues to have the powers it possesses on December 31, 2000, for the purpose of dealing with emergencies.
By-laws and resolutions
(6)Every by-law or resolution of an old municipality that is in force on December 31, 2000 shall be deemed to be a by-law or resolution of the city council on January 1, 2001 and remains in force, in respect of the part of the municipal area to which it applied on December 31, 2000, until it expires or is repealed or amended to provide otherwise.
Official plans
(7)Every official plan of an old municipality that is in force on December 31, 2000 shall be deemed to be an official plan of the city on January 1, 2001 and remains in force, in respect of the part of the municipal area to which it applied on December 31, 2000, until it is revoked or amended to provide otherwise.
Effect of this section
(8)Nothing in this section authorizes the repeal or amendment of a by-law or resolution conferring rights, privileges, franchises, immunities or exemptions if the old municipality could not repeal or amend, as the case may be, the by-law or resolution.
Employees of old municipalities
(9)A person who is an employee of an old municipality on December 31, 2000 and who would, but for this Act, still be an employee of the old municipality on January 1, 2001 is entitled to be an employee of the city or of one of its local boards on January 1, 2001.
Same
(10)A person's employment with an old municipality shall be deemed not to have been terminated for any purpose by anything in subsection (9).
Local Boards
Police services board
6.(1)On January 1, 2001, the Regional Municipality of Hamilton-Wentworth Police Services Board is continued under the name "Hamilton Police Services Board" in English and "Commission des services policiers de Hamilton" in French.
Same
(2)The Hamilton Police Services Board is the police services board of the city.
Size of the board
(3)On January 1, 2001, the city shall be deemed to have applied for, and the Lieutenant Governor in Council to have approved, an application under subsection 27 (9) of the Police Services Act to increase the size of the Hamilton Police Services Board to seven members.
Public library board
7.(1)On January 1, 2001, a library board for the city is established under the name "Hamilton Public Library Board" in English and "Conseil des bibliothques publiques de Hamilton" in French.
Status
(2)The Hamilton Public Library Board shall be deemed to be a public library board established under the Public Libraries Act.
Dissolution of old boards
(3)The public library boards of the old municipalities are dissolved on January 1, 2001.
Exception, emergency powers
(4)Until the members of the Hamilton Public Library Board first take office after December 31, 2000, each public library board of an old municipality continues to have the powers it possesses on December 31, 2000, for the purpose of dealing with emergencies.
Assets and liabilities
(5)All the assets and liabilities of the public library boards of the old municipalities on December 31, 2000, including all rights, interests, approvals, status, registrations, entitlements and contractual benefits and obligations, become assets and liabilities of the Hamilton Public Library Board on January 1, 2001, without compensation.
By-laws and resolutions
(6)Every by-law or resolution of a public library board of an old municipality that is in force on December 31, 2000 shall be deemed to be a by-law or resolution of the Hamilton Public Library Board on January 1, 2001 and remains in force, in respect of the part of the municipal area to which it applied on December 31, 2000, until it expires or is repealed or amended to provide otherwise.
Same
(7)Nothing in this section authorizes the repeal or amendment of a by-law or resolution conferring rights, privileges, franchises, immunities or exemptions if the public library board of an old municipality could not repeal or amend, as the case may be, the by-law or resolution.
Public utility commissions
8.(1)The public utility commissions of the old municipalities are dissolved on January 1, 2001.
Assets and liabilities
(2)All the assets and liabilities of the public utility commissions of the old municipalities on December 31, 2000, including all rights, interests, approvals, status, registrations, entitlements and contractual benefits and obligations, become assets and liabilities of the city on January 1, 2001, without compensation.
Other local boards
9.(1)This section does not apply with respect to police services boards, boards of health, public library boards and public utility commissions.
Local boards continued
(2)The local boards of the old municipalities on December 31, 2000 are continued as local boards of the city on January 1, 2001.
Merging
(3)The city may merge two or more local boards continued by subsection (2) into a new local board.
Effect on by-laws, etc.
(4)When two or more local boards (the "predecessor boards") are merged into a new local board, every by-law or resolution of a predecessor board that is in force immediately before the merger shall be deemed to be a by-law or resolution of the new local board when the merger takes place, and it remains in force, in respect of the part of the municipal area to which it applied immediately before the merger, until it expires or is repealed or amended to provide otherwise.
Same
(5)Subsection (4) applies, with necessary modifications, with respect to by-laws and resolutions of the city that relate to a predecessor board.
Assets and liabilities
(6)All the assets and liabilities of the predecessor boards immediately before they are merged, including all rights, interests, approvals, status, registrations, entitlements and contractual benefits and obligations, become assets and liabilities of the new local board when the merger takes place, without compensation.
Effect of this section
(7)Nothing in this section authorizes the repeal or amendment of a by-law or resolution conferring rights, privileges, franchises, immunities or exemptions if the predecessor board could not repeal or amend, as the case may be, the by-law or resolution.
Employees of old local boards
10.(1)A person who is an employee of a local board of an old municipality on December 31, 2000 and who would, but for this Act, still be an employee of the local board on January 1, 2001 is entitled to be an employee of the city or one of its local boards on January 1, 2001.
Same
(2)A person's employment with a local board of an old municipality shall be deemed not to have been terminated for any purpose by anything in subsection (1).
Powers of the City
Powers of a board of health
11.The city has the powers, rights and duties of a board of health under the Health Protection and Promotion Act.
Financial Matters
By-law re special services
12.(1)Subject to the restrictions set out in this section, the city may do the following things by by-law:
1.Identify a special service.
2.Determine the amount of the city's costs (including capital costs, debenture charges and charges for depreciation or for a reserve fund) that are related to that special service.
3.Subject to a regulation made under subsection (5), designate one or more merged areas of the city as an area in which the residents and property owners receive or will receive an additional municipal benefit from the special service that is not or will not be received in the other merged areas of the city.
4.Determine the portion of the amount determined under paragraph 2 that represents the additional cost of providing the additional municipal benefit in each area designated under paragraph 3 and set out the method it used for making that determination.
5.Determine the amount, if any, of the additional cost referred to in paragraph 4 that is to be raised under subsection (8).
Restriction
(2)A by-law may be made with respect to a special service,
(a)that was being provided in a merged area of the city by or on behalf of an old municipality or a local board of an old municipality; and
(b)that continued to be provided in the merged area by or on behalf of the city or a local board of the city at any time during 2001.
Same
(3)A by-law cannot designate a merged area under paragraph 3 of subsection (1) as one in which residents and property owners do not currently receive but will receive an additional municipal benefit from the special service in future unless,
(a)the expenditures necessary to make the additional benefit available in the merged area appear in the city's budget for the year (as adopted under section 367 of the Municipal Act); or
(b)the city has established a reserve fund to finance those expenditures over a period of years.
Same
(4)The city cannot pass a by-law for a particular year (the "applicable year") after 2002 with respect to a particular special service unless the following conditions are met:
1.The city passed a by-law with respect to the special service in 2002.
2.The city passed a by-law with respect to the special service for every year after 2002 and before the applicable year.
Regulation, designated areas
(5)For the purposes of paragraph 3 of subsection (1), the Minister may, by regulation,
(a)specify an area that may be designated under that paragraph even though it is not composed of one or more merged areas;
(b)prescribe circumstances in which an area may be designated under that paragraph even though it is not composed of one or more merged areas.
Same
(6)A regulation under subsection (5) may be general or specific in its application and may apply differently to different special services.
Same
(7)A regulation under subsection (5) may be made retroactive to a date not earlier than January 1 of the year in which the regulation is made.
Special levy
(8)For each year in which a by-law under subsection (1) is in force, the city shall levy a special local municipality levy under section 368 of the Municipal Act on the rateable property in the area designated under paragraph 3 of subsection (1) to raise the amount determined under paragraph 5 of that subsection.
Same
(9)Such rateable property as may be prescribed is exempt from the levy under subsection (8) to the extent prescribed.
Adjustments, general local municipality levy
13.(1)This section applies with respect to the tax rates levied to raise the general local municipality levy under section 368 of the Municipal Act.
Interpretation
(2)A reference in this section to the assets or liabilities of a merged area is a reference to the assets or liabilities on December 31, 2000 of the old municipality that comprises the merged area and of its local boards.
Decrease in tax rates
(3)Subject to the restrictions set out in this section, the city may, by by-law, decrease the tax rates that would otherwise apply on the assessment within a merged area,
(a)if the city council considers that it would be unfair that the taxpayers in the merged area not receive direct benefit from the assets or any class of assets of the merged area; and
(b)if the amount of taxes lost by decreasing the tax rates does not exceed the value of the assets referred to in clause (a).
Increase in tax rates
(4)Subject to the restrictions set out in this section, the city may, by by-law, increase the tax rates that would otherwise apply on the assessment within a merged area,
(a)if the city council considers that it would be unfair that the taxpayers outside the merged area be responsible for the liabilities or any class of liabilities of the merged area; and
(b)if the amount of taxes gained by increasing the tax rates does not exceed the value of the liabilities referred to in clause (a).
Restriction
(5)The city cannot pass a by-law under this section for 2009 or a subsequent year.
Same
(6)The city cannot pass a by-law under this section for a particular year (the "applicable year") after 2002 with respect to a merged area unless the following conditions are met:
1.The city passed a by-law under this section in 2002 with respect to the merged area.
2.The city passed a by-law under this section with respect to the merged area for every year after 2002 and before the applicable year.
Same
(7)In any year, increases or decreases, as the case may be, in the tax rates on different classes of property in a merged area must bear the same proportion to each other as the proportion of the applicable tax ratios established under section 363 of the Municipal Act for the property classes for the year.
Budget
(8)The city shall include in its budget (as adopted under section 367 of the Municipal Act) for a year the amounts resulting from an increase or decrease in tax rates under this section for the year.
Regulations
(9)The Minister may, by regulation, require the city to exercise its powers under this section and may require the city to do so with respect to such assets and liabilities as may be specified in the regulation and to do so in the manner specified in the regulation.
General or specific
(10)A regulation under subsection (9) may be general or specific in its application.
Retroactivity
(11)A regulation under subsection (9) may be made retroactive to January 1 of the year in which it is made.
Effect on by-laws
(12)A by-law of the city passed under this section, whether it is passed before or after a regulation is made under subsection (9), is of no effect to the extent that it does not comply with the regulation.
Definitions
(13)In this section, "
assets" means reserves, reserve funds and such other assets as may be prescribed; ("lments d'actif") "
liabilities" means debts and such other liabilities as may be prescribed. ("lments de passif")
Sewage services rates
14.The city may pass by-laws under section 221 of the Municipal Act for imposing sewage services rates to recover all or part of the cost of the establishment, construction, maintenance, operation, extension, improvement and financing of the collection and disposal of sewage.
Levies for various services
15.(1)The city may establish one or more municipal service areas and levy one or more special local municipality levies under section 368 of the Municipal Act in the municipal service areas for the purpose of raising all or part of its costs for the following services, including the costs of establishing, constructing, maintaining, operating, improving, extending and financing those services:
1.The supply and distribution of water.
2.Fire protection and prevention.
3.Public transportation, other than highways.
4.Street lighting.
5.The collection and disposal of sewage.
Same
(2)For the purposes of subsection (1), the city may levy different special local municipality levies in different municipal service areas and the different levies may vary on any basis the city considers relevant.
Area taxing power
16.(1)In this section, "
area taxing power" means a power under section 12 or 15 of this Act or under any other provision of an Act, regulation or order that authorizes the city to raise costs related to services by imposing taxes on less than all the rateable property in the city.
Duty
(2)The city shall exercise its area taxing power with respect to such services as may be prescribed and shall do so in the prescribed taxation years and in the prescribed manner.
Same
(3)A regulation authorized by subsection (2) cannot prescribe a taxation year after the 2004 taxation year.
Effect on by-laws
(4)A by-law of the city passed under an area taxing power, whether it is passed before or after a regulation authorized by subsection (2), is of no effect to the extent that it does not comply with the regulation.
Expenses of the transition board in 2001
17.(1)The city shall pay the expenses of the transition board for 2001, in the amounts and at the times specified by the transition board.
Same
(2)The transition board shall give the city council an estimate of its expenses and the council shall include them in the city's operating budget for 2001.
Same
(3)The expenses of the transition board include the remuneration and expenses of its members, as authorized under section 18.
Transition Board
Transition board
18.(1)A transition board shall be established by a regulation made under this section.
Same
(2)The transition board is a corporation without share capital and is composed of such persons as the Minister may appoint, including non-voting members.
Chair
(3)The Minister may designate a member of the board as its chair.
Remuneration
(4)The members of the board are entitled to be paid the remuneration and expenses authorized by a regulation made under this section.
Function
(5)The primary function of the transition board is to facilitate the transition from the old municipalities and their local boards to the city and its local boards,
(a)by controlling the decisions of the old municipalities and their local boards that could have significant financial consequences for the city and its local boards; and
(b)by developing business plans for the city and its local boards in order to maximize the efficiency and costs savings of this new municipal structure.
Powers and duties
(6)The transition board has such powers and duties for the purposes of this Act as may be prescribed by a regulation made under this section, in addition to the powers and duties set out in this Act.
Power to delegate
(7)The transition board may authorize one or more of its members to exercise a power or perform a duty under this Act on its behalf.
Other powers
(8)The transition board may hire staff, arrange for facilities and obtain expert services, as it considers necessary to perform its functions.
Regulations
(9)The Minister may make regulations providing for the matters referred to in this section as matters to be dealt with or prescribed by a regulation made under this section.
Same
(10)Without limiting the generality of subsection (9), a regulation respecting the powers and duties of the transition board may,
(a)set out the powers and duties of the board with respect to the Minister, the board itself, the city and its local boards and the old municipalities and their local boards;
(b)provide that the board shall be deemed to be a municipality, including a regional municipality, for the purpose of any Act, which Act would then apply to the board with the modifications specified in the regulation;
(c)authorize the board to issue guidelines with respect to the matters specified in the regulation;
(d)specify matters relating to the procedures and operations of the board.
Same
(11)A regulation under this section may be general or specific in its application.
Application of guidelines
(12)A guideline authorized under clause (10) (c) and issued by the transition board may provide that it applies with respect to actions taken before the guidelines were issued.
Power re certain employment contracts
19.(1)In the circumstances described in this section, the transition board may, by order, amend or rescind a contract (other than a collective agreement) entered into between an old municipality and a person who is a municipal officer required by statute or who is an employee of executive rank.
Same
(2)The contract must be one of the following:
1.A contract entered into after October 8, 1999, containing a provision described in subsection (3).
2.A contract amended after October 8, 1999 to include a provision described in subsection (3).
Provision
(3)The provision must be one that establishes compensation which, in the opinion of the transition board, is unreasonably high in comparison to persons in similar situations.
Definition
(4)In this section, "
compensation" includes severance payments and payments during a period of notice of termination or payments in lieu of such notice.
Power to hire certain city employees
20.(1)The transition board shall establish the key elements of the city's organizational structure and hire the municipal officers required by statute and any employees of executive rank whom the transition board considers necessary to ensure the good management of the city.
Same
(2)When the transition board hires a person under subsection (1), the following rules apply:
1.The transition board has the authority to negotiate the terms of the employment contract with the person.
2.The city is bound by the employment contract.
3.The employment contract may take effect on or before January 1, 2001.
4.If the contract takes effect before January 1, 2001, the person is the employee of the transition board before January 1, 2001 and the employee of the city beginning on January 1, 2001. If the contract takes effect on January 1, 2001, the person is the employee of the city.
5.While the person is an employee of the transition board, the person shall be deemed to be an employee under the Ontario Municipal Employees Retirement System Act, and the transition board shall be deemed, in respect of the person, to be an employer under that Act.
6.On January 1, 2001, the city council shall be deemed to have taken all the steps that may be required to make the person the effective holder of his or her office.
Powers re information, etc.
21.(1)The transition board has the following powers to obtain information, records and documents from an old municipality and a local board of an old municipality:
1.To require the old municipality or local board to submit a report to the transition board,
i.identifying the assets and liabilities of the old municipality or local board, or specified categories of those assets and liabilities, and
ii.naming the members and employees of the old municipality or local board and stating their position, terms of employment, remuneration and employment benefits.
2.To require the old municipality to submit a report to the transition board listing the entities, including local boards,
i.that were established by or for the old municipality and that exist when the report is made, or
ii.that received funding from the old municipality in 1999.
3.To require the old municipality to submit a report to the transition board,
i.listing the entities, including local boards, to which the old municipality has the power to make appointments, and
ii.for each entity, identifying the source of the power to make the appointments, naming each current appointee and stating when his or her term expires.
4.To require the old municipality or local board to give the transition board information, records or documents that are in the possession or control of the municipality or local board and are relevant to the functions of the transition board.
5.To require the old municipality or local board to create a new document or record that is relevant to the functions of the transition board by compiling existing information, and to give the document or record to the transition board.
6.To require the old municipality or local board to give the transition board a report concerning any matter the transition board specifies that is relevant to the functions of the transition board.
7.To require the old municipality or local board to update information previously given to the transition board under any of the preceding paragraphs.
8.To impose a deadline for complying with a requirement imposed under any of the preceding paragraphs.
Conflict
(2)A requirement of the transition board under subsection (1) prevails over a restriction or prohibition in the Freedom of Information and Protection of Privacy Act and the Municipal Freedom of Information and Protection of Privacy Act.
Secondments
(3)The transition board may require that an employee of an old municipality or of a local board of an old municipality be seconded to work for the transition board.
Same
(4)A person who is seconded to the transition board remains the employee of the old municipality or local board which is entitled to recover his or her salary and the cost of his or her employment benefits from the transition board.
Same
(5)A person who is seconded to the transition board is entitled to receive the same employment benefits and at least the same salary as in his or her permanent position.
Duty to co-operate, etc.
22.(1)The members of the council of each old municipality, the employees and agents of the old municipality, and the members, employees and agents of each local board of an old municipality shall,
(a)co-operate with the members, employees and agents of the transition board, assist them in the performance of their duties and comply with their requests under this Act; and
(b)on request, allow any person described in clause (a) to examine and copy any document, record or other information in the possession or control of the old municipality or local board, as the case may be, that is relevant to the functions of the transition board.
Conflict
(2)This section applies despite any restriction or prohibition in the Freedom of Information and Protection of Privacy Act and the Municipal Freedom of Information and Protection of Privacy Act.
Duties re personal information
23.(1)A person who obtains information under subsection 21 (1) or section 22 that is personal information as defined in the Municipal Freedom of Information and Protection of Privacy Act shall use and disclose it only for the purposes of this Act.
Same
(2)Without limiting the generality of subsection (1), the personal information referred to in that subsection includes information relating to,
(a)a financial transaction or proposed financial transaction of an old municipality or a local board of an old municipality;
(b)anything done or proposed to be done in connection with the finances of an old municipality or a local board of an old municipality by a member of the council of the old municipality or local board or by an employee or agent of the old municipality or local board.
Offence
(3)A person who wilfully fails to comply with subsection (1) shall be deemed to contravene clause 48 (1) (a) of the Municipal Freedom of Information and Protection of Privacy Act.
Conflict
(4)Subsection (1) applies despite anything in the Freedom of Information and Protection of Privacy Act or the Municipal Freedom of Information and Protection of Privacy Act.
Protection from personal liability
24.(1)No proceeding for damages shall be commenced against the transition board or any of its members, employees or agents for any act done in good faith in the execution or intended execution of their powers and duties under this Act or for any alleged neglect or default in the execution in good faith of their powers and duties.
Same
(2)Subsection (1) also applies in respect of an employee or agent of an old municipality or a local board of an old municipality who acts under the direction of,
(a)the transition board or a member of it;
(b)the council of the old municipality; or
(c)the local board.
Vicarious liability
(3)Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsections (1) and (2) do not relieve any person, other than one mentioned in those subsections, of any liability to which the person would otherwise be subject.
Dissolution of the transition board
25.(1)The transition board is dissolved on January 31, 2001 or on such later date as the Minister may, by regulation, specify.
Assets and liabilities
(2)All the assets and liabilities of the transition board immediately before it is dissolved, including all rights, interests, approvals, status, registrations, entitlements and contractual benefits and obligations, become assets and liabilities of the city, when the transition board is dissolved, without compensation.
By-laws and resolutions
(3)Every by-law or resolution of the transition board that is in force immediately before the transition board is dissolved shall be deemed to be a by-law or resolution of the city council when the transition board is dissolved and remains in force, in respect of the part of the municipal area to which it applied immediately before the transition board was dissolved, until it expires or is repealed or amended to provide otherwise.
Effect of this section
(4)Nothing in this section authorizes the repeal or amendment of a by-law or resolution conferring rights, privileges, franchises, immunities or exemptions if the transition board could not repeal or amend, as the case may be, the by-law or resolution.
Powers and Duties of the Old Municipalities
Regulations re powers and duties
26.(1)The Minister may make regulations providing that an old municipality or a local board of an old municipality,
(a)shall not exercise a specified power under a particular Act;
(b)shall not exercise a specified power under a particular Act unless it is exercised in the manner specified in the regulation;
(c)shall not exercise a specified power under a particular Act without the approval of the transition board or of such other person or body as is specified in the regulation;
(d)shall not exercise a specified power under a particular Act unless it is exercised in accordance with the guidelines, if any, issued by the transition board under this Act.
Same
(2)A regulation under subsection (1) may be general or specific in its application.
Same
(3)The following rules apply with respect to regulations under subsection (1):
1.A regulation cannot prevent an old municipality or local board from doing anything that it is otherwise required by law to do.
2.A regulation cannot prevent an old municipality or local board from taking action in an emergency.
3.A regulation cannot prevent the performance of a contract entered into before the day this subsection comes into force.
4.A regulation cannot prevent an action that is approved by, or done in accordance with, guidelines of the transition board issued under this Act.
5.A regulation cannot prevent an action that is provided for by a by-law or resolution that also contains provisions to the effect that the by-law or resolution does not come into force until,
i.the approval of the transition board or other person or body specified by a regulation made under clause (1) (c) has been obtained, or
ii.guidelines authorizing the action are issued by the transition board under this Act.
6.If the transition board or another person or body is authorized to give an approval under this Act, it may approve an action in advance or retroactively and may impose conditions that apply to the approval.
Expenses of the transition board in 2000
27.(1)The Regional Municipality of Hamilton-Wentworth shall pay the expenses of the transition board for 2000, in the amounts and at the times specified by the transition board.
Same
(2)The transition board shall give the council of the regional municipality an estimate of its expenses and the regional municipality shall include them in its operating budget for 2000.
Same
(3)The expenses of the transition board include the remuneration and expenses of its members, as authorized under section 18.
Collective Bargaining
Before January 1, 2001
Collective bargaining, old municipalities
28.(1)The collective agreement, if any, that applies with respect to employees of an old municipality immediately before this subsection comes into force continues to apply with respect to those employees and with respect to employees hired to replace them until the day on which the collective agreement or the composite agreement of which it becomes a part ceases to apply under subsection 23 (8) or 24 (7), section 29 or subsection 31 (3) of the Public Sector Labour Relations Transition Act, 1997 with respect to those employees.
Expired agreements
(2)If no collective agreement is in operation immediately before subsection (1) comes into force, the most recent collective agreement, if any, shall be deemed to be in effect from that day for the purposes of this Act, and subsection (1) applies with necessary modifications.
Termination of certain proceedings
(3)On the day subsection (1) comes into force, the appointment of a conciliation officer under section 49 of the Fire Protection and Prevention Act, 1997, section 18 of the Labour Relations Act, 1995 or section 121 of the Police Services Act for the purpose of endeavouring to effect a collective agreement between an old municipality and a bargaining agent with respect to employees described in subsection (1) is terminated.
No appointment
(4)No conciliation officer shall be appointed in respect of a dispute concerning a collective agreement described in subsection (3).
Duty to bargain terminated
(5)On and after the day subsection (1) comes into force, no bargaining agent is under an obligation to bargain as a result of a notice to bargain given to it by an old municipality and no old municipality is under an obligation to bargain as a result of a notice to bargain given to it by a bargaining agent.
No notice to bargain to be given
(6)On and after the day subsection (1) comes into force, no bargaining agent shall give notice to bargain to an old municipality under section 47 of the Fire Protection and Prevention Act, 1997, section 16 or 59 of the Labour Relations Act, 1995 or section 119 of the Police Services Act.
Same
(7)On and after the day subsection (1) comes into force, no old municipality shall give notice to bargain to a bargaining agent under section 47 of the Fire Protection and Prevention Act, 1997, section 16 or 59 of the Labour Relations Act, 1995 or section 119 of the Police Services Act.
Interest arbitrations terminated
(8)On the day subsection (1) comes into force, interest arbitrations to which an old municipality is a party and in which a final decision has not been issued are terminated.
Right to strike
(9)Before January 1, 2001, no employee of an old municipality shall strike against the municipality and no old municipality shall lock out an employee.
Enforcement
(10)Sections 81 to 85 and 100 to 108 of the Labour Relations Act, 1995 apply with necessary modifications with respect to the enforcement of this section.
Alterations to bargaining units
29.(1)Before January 1, 2001, for the purposes of section 20 of the Public Sector Labour Relations Transition Act, 1997, the transition board may make an agreement with bargaining agents who represent employees of an old municipality to change or not to change the number and description of the bargaining units in respect of which the agents have bargaining rights, and the agreement is binding upon the city as if it had been made by the city.
Agreement re change in bargaining units
(2)The agreement does not come into effect until the later of,
(a)the day on which the conditions described in subsections 20 (7) and (8) of the Public Sector Labour Relations Transition Act, 1997 are satisfied; and
(b)January 1, 2001.
Restrictions
(3)If an agreement is made, during the period beginning 10 days after it is executed and ending when it comes into effect, no application may be made for certification of a bargaining agent to represent employees of an old municipality who are not members of a bargaining unit when the agreement is executed.
Same
(4)During the period beginning when subsection (1) comes into force and ending on December 31, 2000, no application may be made for certification of a bargaining agent to represent employees who are already represented by a bargaining agent and no application may be made for a declaration that a bargaining agent that represents such employees no longer represents them.
Same
(5)On and after January 1, 2001, the right to make an application described in subsection (4) is (subject to the Public Sector Labour Relations Transition Act, 1997) determined under the Act that otherwise governs collective bargaining in respect of the employees.
Deeming
(6)For the purposes of clause (2) (a) of this section and of subsection 20 (7) of the Public Sector Labour Relations Transition Act, 1997, the transition board shall be deemed to be the employer.
Agreement re change of bargaining agents
(7)If an agreement described in subsection (1) is made, any agreement made by the bargaining agents concerned under section 21 of the Public Sector Labour Relations Transition Act, 1997 does not come into effect until the later of,
(a)the day on which the conditions described in subsection 21 (2) of that Act are satisfied; and
(b)January 1, 2001.
Notice of agreement
(8)A copy of the agreement under section 21 of the Public Sector Labour Relations Transition Act, 1997 may be given either to the transition board before January 1, 2001 or to the city after December 31, 2000, for the purposes of clause (7) (a) of this section and of subsection 21 (2) of that Act.
Determination re bargaining agent
(9)For the purposes of subsection 21 (4) of the Public Sector Labour Relations Transition Act, 1997, the transition board or a bargaining agent may make a request to the Ontario Labour Relations Board before January 1, 2001.
Appropriate bargaining units
30.(1)Before January 1, 2001, for the purposes of section 22 of the Public Sector Labour Relations Transition Act, 1997, the transition board may apply to the Ontario Labour Relations Board for an order determining the number and description of the bargaining units that, in the Board's opinion, are likely to be appropriate for the city's operations.
Order
(2)An order by the Ontario Labour Relations Board under section 22 of the Public Sector Labour Relations Transition Act, 1997 is binding upon the city as if the application had been made by the city, and is binding even if the order is not made until after December 31, 2000.
Same
(3)An order made under section 22 of the Public Sector Labour Relations Transition Act, 1997 on an application under subsection (1) cannot take effect before January 1, 2001.
Restrictions
(4)If the transition board applies under subsection (1) for an order under section 22 of the Public Sector Labour Relations Transition Act, 1997, during the period beginning 10 days after the application is made and ending when an order comes into effect, no application may be made for certification of a bargaining agent to represent employees of an old municipality who are not members of a bargaining unit when the application is made.
Same
(5)During the period beginning when subsection (1) comes into force and ending on December 31, 2000, no application may be made for certification of a bargaining agent to represent employees who are already represented by a bargaining agent and no application may be made for a declaration that a bargaining agent that represents such employees no longer represents them.
Same
(6)On and after January 1, 2001, the right to make an application described in subsection (5) is (subject to the Public Sector Labour Relations Transition Act, 1997) determined under the Act that otherwise governs collective bargaining in respect of the employees.
Administration and enforcement
31.(1)Sections 37 (Ontario Labour Relations Board) and 38 (Arbitration Act, 1991) of the Public Sector Labour Relations Transition Act, 1997 apply, with necessary modifications, with respect to proceedings before the Ontario Labour Relations Board concerning requests under subsection 29 (9) and applications under subsection 30 (1).
Rules to expedite proceedings
(2)Rules made by the Ontario Labour Relations Board under subsection 37 (4) of the Public Sector Labour Relations Transition Act, 1997 apply, with necessary modifications, with respect to proceedings referred to in subsection (1).
Same
(3)Subsections 37 (5) and (6) of the Public Sector Labour Relations Transition Act, 1997 apply, with necessary modifications, with respect to the rules described in subsection (2).
Collective bargaining, old local boards
32.Sections 28 to 31 apply, with necessary modifications, with respect to local boards of the old municipalities.
Regular Election in 2000
Terms extended
33.(1)The following persons, if in office on November 30, 2000, shall continue in office until the first council of the city is organized:
1.The members of the councils of the old municipalities.
2.The members of the local boards of the old municipalities.
Same
(2)Subsection (1) applies to elected and unelected persons, and applies despite section 6 of the Municipal Elections Act, 1996.
Rules for the regular election
34.The following rules apply to the regular election in 2000 in the municipal area:
1.The election shall be conducted as if sections 2, 3, 4, 5 and 8 were already in force.
2.The transition board shall designate a person to conduct the regular election in 2000 under the Municipal Elections Act, 1996.
3.The clerks of the old municipalities and the clerk of the city, if appointed, shall assist the person designated under paragraph 2 and act under his or her direction.
4.The transition board acts as council for the purpose of making the decisions that council is required to make under the Municipal Elections Act, 1996 for the regular election. The city council shall make those decisions once the council is organized.
5.The costs of the election that are payable in 2000 shall be included in the operating budget of The Regional Municipality of Hamilton-Wentworth for 2000. The regional municipality shall pay those costs as directed by the person designated under paragraph 2. The costs of the election that are payable in 2001 shall be paid by the city.
6.Each area municipality under the Regional Municipality of Hamilton-Wentworth Act shall include in its operating budget for 2000 an amount equal to the amount it would have budgeted for the costs of the regular election in 2000 if this Act had not been passed, and shall pay that amount to The Regional Municipality of Hamilton-Wentworth on or before July 1, 2000.
7.The amount referred to in paragraph 6 shall be paid, first, from any reserve or reserve fund previously established by the area municipality for the costs of the regular election in 2000.
General
Enforcement
35.(1)The Minister may apply to the Superior Court of Justice for an order requiring a person or body to comply with any provision of this Act or a regulation made under this Act or with a decision or requirement of the transition board made under this Act.
Same
(2)Subsection (1) is additional to, and does not replace, any other available means of enforcement.
Regulations
36.(1)The Lieutenant Governor in Council may make regulations,
(a)providing that, with necessary modifications, the city or a local board of the city may exercise any power or is required to perform any duty of an old municipality or a local board of an old municipality on December 31, 2000 under an Act or a provision of an Act that does not apply to the city or local board as a result of the Fewer Municipal Politicians Act, 1999\;
(b)providing for consequential amendments to any Act that, in the opinion of the Lieutenant Governor in Council, are necessary for the effective implementation of this Act.
Same, Minister
(2)The Minister may make regulations,
(a)prescribing anything that is required or permitted by this Act to be done or prescribed by a regulation under this Act;
(b)defining any word or expression used in this Act that is not expressly defined in this Act;
(c)providing for any transitional matter that, in the opinion of the Minister, is necessary or desirable for the effective implementation of this Act;
(d)establishing wards for the purposes of section 3.
Examples
(3)A regulation under clause (2) (c) may provide, for example,
(a)that the city may undertake long-term borrowing to pay for operational expenditures on transitional costs, as defined in the regulation, subject to such conditions and restrictions as may be prescribed;
(b)that, for the purposes of section 8 of the Municipal Elections Act, 1996, the Minister may require a question to be submitted to the electors of all or any part of the municipal area set out in the regulation.
General or specific
(4)A regulation may be general or specific in its application.
Retroactive
(5)A regulation may be made retroactive to a date not earlier than January 1, 2001.
Conflicts
37.(1)This Act applies despite any general or special Act and despite any regulation made under any other Act, and in the event of a conflict between this Act and another Act or a regulation made under another Act, this Act prevails.
Same
(2)In the event of a conflict between a regulation made under this Act and a provision of this Act or of another Act or a regulation made under another Act, the regulation made under this Act prevails.
Commencement and Short Title
Commencement
38.(1)Subject to subsections (2) and (3), the Act set out in this Schedule comes into force on the day the Fewer Municipal Politicians Act, 1999 receives Royal Assent.
Same
(2)Sections 1 and 18 to 37 come into force on a day to be named by proclamation of the Lieutenant Governor.
Same
(3)Sections 2 to 17 come into force on January 1, 2001.
Short title
39.The short title of the Act set out in this Schedule is the City of Hamilton Act, 1999.
schedule D
Town of Norfolk act, 1999
contents
Interpretation
Interprtation
1.
Definitions
1.
Dfinitions
The Town
La ville
2.
Incorporation
2.
Constitution
3.
Wards
3.
Quartiers
4.
Town council
4.
Conseil municipal
5.
Dissolution of old municipalities
5.
Dissolution des anciennes municipalits
6.
Transfers upon dissolution of divided municipalities
6.
Transferts la dissolution des municipalits dmembres
Local Boards
Conseils locaux
7.
Police services board
7.
Commission de services policiers
8.
Public library board
8.
Conseil de bibliothques publiques
9.
Public utility commissions
9.
Commissions de services publics
10.
Other local boards
10.
Autres conseils locaux
11.
Employees of old local boards
11.
Employs des anciens conseils locaux
Powers of the Town
Pouvoirs de la ville
12.
Powers re board of health
12.
Pouvoirs : conseil de sant
13.
Management of landfill site
13.
Gestion de la dcharge
Financial Matters
Questions financires
14.
Allocation of certain shared costs
14.
Rpartition de certains frais partags
15.
By-law re special services
15.
Rglements municipaux : services spciaux
16.
Adjustments, general local municipality levy
16.
Redressement, impt gnral local
17.
Sewage services rates
17.
Redevances de service d'gout
18.
Levies for various services
18.
Impts pour divers services
19.
Area taxing power
19.
Pouvoir d'imposition de secteur
20.
Expenses of the transition board in 2001
20.
Dpenses du conseil de transition en 2001
Transition Board
Conseil de transition
21.
Power re certain employment contracts
21.
Pouvoir : certains contrats de travail
22.
Power to hire certain town employees
22.
Pouvoir d'engager certains employs
23.
Powers re information, etc.
23.
Pouvoir : renseignements
24.
Duty to co-operate, etc.
24.
Collaboration
25.
Duties re personal information
25.
Obligations : renseignements personnels
26.
Protection from personal liability
26.
Immunit
27.
Transfers upon dissolution of the transition board
27.
Transferts la dissolution du conseil de transition
Powers and Duties of Old Municipalities
Pouvoirs et fonctions
des anciennes municipalits
28.
Regulations re powers and duties
28.
Rglements : pouvoirs et fonctions
Collective Bargaining
Before January 1, 2001
Ngociation collective avant le 1er janvier 2001
29.
Collective bargaining, old municipalities
29.
Ngociation collective, anciennes municipalits
30.
Alteration to bargaining units
30.
Modification des units de ngociation
31.
Appropriate bargaining units
31.
Units de ngociation appropries
32.
Administration and enforcement
32.
Application et excution
33.
Collective bargaining, old local boards
33.
Ngociation collective, anciens conseils locaux
The Regular Election in 2000
lections ordinaires
de 2000
34.
Terms extended
34.
Prolongation du mandat
35.
Rules for the regular election
35.
Rgles s'appliquant aux lections ordinaires
General
Dispositions gnrales
36.
Enforcement
36.
Excution
37.
Regulations
37.
Rglements
38.
Conflicts
38.
Incompatibilit
Commencement and Short Title
Entre en vigueur
et titre abrg
39.
Commencement
39.
Entre en vigueur
40.
Short title
40.
Titre abrg
SCHEDULE A: The Municipal Area
ANNEXE A : Le secteur municipal
Interpretation
Definitions
1.(1)In this Act, "
collective agreement" means,
(a)a collective agreement within the meaning of the Labour Relations Act, 1995,
(b)a collective agreement within the meaning of Part IX of the Fire Protection and Prevention Act, 1997, or
(c)an agreement under Part VIII of the Police Services Act\; ("convention collective") "
divided municipality" means either The Regional Municipality of Haldimand-Norfolk or the City of Nanticoke as they exist on December 31, 2000; ("municipalit dmembre") "
local board" means a public utility commission, transportation commission, public library board, board of park management, board of health, police services board or other body established or exercising power under any general or special Act with respect to any of the affairs of an old municipality or of the town, but does not include,
(a)the transition board,
(b)a children's aid society,
(c)a conservation authority, or
(d)a school board; ("conseil local") "
merged area" means all of an old municipality that forms part of the town or all of that portion of a divided municipality that forms part of the town; ("secteur fusionn") "
Minister" means the Minister of Municipal Affairs and Housing; ("ministre") "
municipal area" means the area that comprises the geographic area of jurisdiction of the old municipalities on December 31, 2000 and the area that comprises the geographic area of jurisdiction described in Schedule A to this Act of the City of Nanticoke as it exists on December 31, 2000, with such adjustments as may be prescribed under subsection (2); ("secteur municipal") "
municipal benefit" includes a direct or indirect benefit which is available immediately after an expenditure of money on a service or activity and a benefit which will be available only after an additional expenditure of money on the service or activity; ("avantage municipal") "
old municipality" means the Township of Norfolk, the Township of Delhi or the Town of Simcoe, as they exist on December 31, 2000; ("ancienne municipalit") "
special service" means a service or activity of the town that is not being provided or undertaken generally throughout the town or that is being provided or undertaken at different levels or in a different manner in different parts of the town; ("service spcial") "
town" means the Town of Norfolk incorporated by this Act; ("ville") "
transition board" means the transition board referred to in subsection 21 (1) of the Town of Haldimand Act, 1999. ("conseil de transition")
Adjustments to the municipal area
(2)On or before June 30, 2000, the Minister may, by regulation, make adjustments to the geographic area described in Schedule A that constitutes part of the municipal area.
The Town
Incorporation
2.(1)On January 1, 2001, the inhabitants of the municipal area are constituted as a body corporate under the name "Town of Norfolk" in English and "ville de Norfolk" in French.
Status
(2)The body corporate has the status of a city and a local municipality for all purposes.
Board of control
(3)Despite subsection 64 (1) of the Municipal Act, the town shall not have a board of control.
Wards
3.The municipal area is divided into seven wards as established by regulation.
Town council
4.(1)The town council is composed of the mayor, elected by general vote, and eight other members, elected in accordance with subsection (2).
Same
(2)Two members of council shall be elected for the ward that includes the former Town of Simcoe and one member of the council shall be elected for each of the other wards.
Transition, first council
(3)The following special rules apply to the members of the council elected in the 2000 regular election:
1.Despite section 6 of the Municipal Elections Act, 1996, the members' terms of office begin on January 1, 2001.
2.Despite subsection 49 (1) of the Municipal Act, the first meeting of the council shall be held on or before January 9, 2001.
Dissolution of old municipalities
5.(1)The Township of Norfolk, the Township of Delhi and the Town of Simcoe are dissolved on January 1, 2001.
Rights and duties
(2)The town stands in the place of the old municipalities for all purposes.
Same
(3)Without limiting the generality of subsection (2),
(a)the town has every power and duty of an old municipality or a divided municipality under any general or special Act, in respect of the part of the municipal area to which the power or duty applied on December 31, 2000; and
(b)all the assets and liabilities of the old municipalities on December 31, 2000, including all rights, interests, approvals, status, registrations, entitlements and contractual benefits and obligations, become assets and liabilities of the town on January 1, 2001, without compensation.
Exception, emergency powers
(4)Until the town council elected in the 2000 regular election is organized, each old municipality continues to have the powers it possesses on December 31, 2000, for the purpose of dealing with emergencies.
By-laws and resolutions
(5)Every by-law or resolution of an old municipality that is in force on December 31, 2000 shall be deemed to be a by-law or resolution of the town council on January 1, 2001 and remains in force, in respect of the part of the municipal area to which it applied on December 31, 2000, until it expires or is repealed or amended to provide otherwise.
Official plans
(6)Every official plan of an old municipality that is in force on December 31, 2000 shall be deemed to be an official plan of the town on January 1, 2001 and remains in force, in respect of the part of the municipal area to which it applied on December 31, 2000, until it is revoked or amended to provide otherwise.
Effect of this section
(7)Nothing in this section authorizes the repeal or amendment of a by-law or resolution conferring rights, privileges, franchises, immunities or exemptions if the old municipality could not repeal or amend, as the case may be, the by-law or resolution.
Employees of old municipalities
(8)A person who is an employee of an old municipality on December 31, 2000 and who would, but for this Act, still be an employee of the old municipality on January 1, 2001 is entitled to be an employee of the town or of one of its local boards on January 1, 2001.
Same
(9)A person's employment with an old municipality or a divided municipality shall be deemed not to have been terminated for any purpose by anything in subsection (8).
Transfers upon dissolution of divided municipalities
6.(1)On January 1, 2001, the town stands in the place of the divided municipalities with respect to matters that are within the town's jurisdiction.
Same
(2)Without limiting the generality of subsection (1),
(a)the town has every power and duty of a divided municipality under any general or special Act, in respect of the part of the municipal area to which the power or duty applied on December 31, 2000; and
(b)all the assets and liabilities of the divided municipalities on December 31, 2000 that are allocated to the town under section 34 of the Town of Haldimand Act, 1999, including all rights, interests, approvals, status, registrations, entitlements and contractual benefits and obligations, become assets and liabilities of the town on January 1, 2001, without compensation.
Exception, emergency powers
(3)Until the town council elected in the 2000 regular election is organized, each divided municipality continues to have the powers it possesses on December 31, 2000, for the purpose of dealing with emergencies in the municipal area.
By-laws and resolutions
(4)Every by-law or resolution of a divided municipality that is in force on December 31, 2000 in respect of a part of the municipal area shall be deemed to be a by-law or resolution of the town council on January 1, 2001 and remains in force, in respect of the part of the municipal area to which it applied on December 31, 2000, until it expires or is repealed or amended to provide otherwise.
Official plans
(5)Every official plan of a divided municipality that is in force on December 31, 2000 in respect of a part of the municipal area shall be deemed to be an official plan of the town on January 1, 2001 and remains in force, in respect of the part of the municipal area to which it applied on December 31, 2000, until it is revoked or amended to provide otherwise.
Effect of this section
(6)Nothing in this section authorizes the repeal or amendment of a by-law or resolution conferring rights, privileges, franchises, immunities or exemptions if the old municipality could not repeal or amend, as the case may be, the by-law or resolution.
Local Boards
Police services board
7.Section 7 of the Town of Haldimand Act, 1999 applies with respect to the police services board of the town on and after January 1, 2001.
Public library board
8.(1)On January 1, 2001, a library board for the town is established under the name "Norfolk Public Library Board" in English and "Conseil des bibliothques publiques de Norfolk" in French.
Status
(2)The Norfolk Public Library Board shall be deemed to be a public library board established under the Public Libraries Act.
Emergency powers
(3)Until the members of the Norfolk Public Library Board first take office after December 31, 2000, each public library board of an old municipality or the City of Nanticoke continues to have the powers it possesses on December 31, 2000, for the purpose of dealing with emergencies in the municipal area.
Assets and liabilities
(4)All the assets and liabilities of the public library boards of the old municipalities on December 31, 2000, including all rights, interests, approvals, status, registrations, entitlements and contractual benefits and obligations, become assets and liabilities of the Norfolk Public Library Board on January 1, 2001, without compensation.
Same, divided municipality
(5)All the assets and liabilities of the public library board of the City of Nanticoke on December 31, 2000 that are allocated to the town under section 34 of the Town of Haldimand Act, 1999, including all rights, interests, approvals, status, registrations, entitlements and contractual benefits and obligations, become assets and liabilities of the Norfolk Public Library Board on January 1, 2001, without compensation.
By-laws and resolutions
(6)Every by-law or resolution of a public library board of an old municipality that is in force on December 31, 2000 shall be deemed to be a by-law or resolution of the Norfolk Public Library Board on January 1, 2001 and remains in force, in respect of the part of the municipal area to which it applied on December 31, 2000, until it expires or is repealed or amended to provide otherwise.
Same, divided municipality
(7)Every by-law or resolution of a public library board of the City of Nanticoke that is in force on December 31, 2000 in respect of a part of the municipal area shall be deemed to be a by-law or resolution of the Norfolk Public Library Board on January 1, 2001 and remains in force, in respect of the part of the municipal area to which it applied on December 31, 2000, until it expires or is repealed or amended to provide otherwise.
Same
(8)Nothing in this section authorizes the repeal or amendment of a by-law or resolution conferring rights, privileges, franchises, immunities or exemptions if the public library board of an old municipality or a divided municipality could not repeal or amend, as the case may be, the by-law or resolution.
Public utility commissions
9.(1)The public utility commissions of the old municipalities are dissolved on January 1, 2001.
Assets and liabilities
(2)All the assets and liabilities of the public utility commissions of the old municipalities on December 31, 2000, including all rights, interests, approvals, status, registrations, entitlements and contractual benefits and obligations, become assets and liabilities of the town on January 1, 2001, without compensation.
Same, divided municipality
(3)All the assets and liabilities of the public utility commission of the City of Nanticoke on December 31, 2000 that are allocated to the town under section 34 of the Town of Haldimand Act, 1999, including all rights, interests, approvals, status, registrations, entitlements and contractual benefits and obligations, become assets and liabilities of the town on January 1, 2001, without compensation.
Elections
(4)No election shall be conducted as part of the 2000 regular election under the Municipal Elections Act, 1996 for members of the public utility commissions dissolved by subsection (1).
Other local boards
10.(1)This section does not apply with respect to police services boards, boards of health, public library boards and public utility commissions.
Local boards continued
(2)The local boards of the old municipalities on December 31, 2000 are continued as local boards of the town on January 1, 2001.
Merging
(3)The town may merge two or more local boards that are continued as local boards of the town by subsection (2) of this section or by subsection 10 (3) of the Town of Haldimand Act, 1999 into a new local board.
Effect on by-laws, etc.
(4)When two or more local boards (the "predecessor boards") are merged into a new local board, every by-law or resolution of a predecessor board that is in force immediately before the merger shall be deemed to be a by-law or resolution of the new local board when the merger takes place, and it remains in force, in respect of the part of the municipal area to which it applied immediately before the merger, until it expires or is repealed or amended to provide otherwise.
Same
(5)Subsection (4) applies, with necessary modifications, with respect to by-laws and resolutions of the town that relate to a predecessor board.
Assets and liabilities
(6)All the assets and liabilities of the predecessor boards immediately before they are merged, including all rights, interests, approvals, status, registrations, entitlements and contractual benefits and obligations, become assets and liabilities of the new local board when the merger takes place, without compensation.
Effect of this section
(7)Nothing in this section authorizes the repeal or amendment of a by-law or resolution conferring rights, privileges, franchises, immunities or exemptions if the predecessor board could not repeal or amend, as the case may be, the by-law or resolution.
Employees of old local boards
11.(1)A person who is an employee of a local board of an old municipality on December 31, 2000 and who would, but for this Act, still be an employee of the local board on January 1, 2001 is entitled to be an employee of the town or of one of its local boards on January 1, 2001.
Same
(2)A person's employment with a local board of an old municipality shall be deemed not to have been terminated for any purpose by anything in subsection (1).
Powers of the Town
Powers re board of health
12.(1)On January 1, 2001, the geographic area of the town and of the Town of Haldimand shall be deemed to have been designated as a health unit under clause 96 (5) (a) of the Health Protection and Promotion Act, under the name "Haldimand-Norfolk Health Unit" in English and "circonscription sanitaire de Haldimand-Norfolk" in French.
Same
(2)The name of the health unit shall be deemed to have been prescribed under clause 96 (5) (b) of the Health Protection and Promotion Act.
Designation as board of health
(3)The town is the board of health for the health unit, if the transition board designates it as the board of health on or before the prescribed date.
Same
(4)If the transition board does not designate a board of health for the health unit on or before the prescribed date under subsection (3), the town is the board of health for the unit if the Minister of Health and Long-Term Care designates it as such by a regulation made under this subsection.
Powers, etc.
(5)If the town is designated as the board of health for the health unit, the town has the powers, rights and duties of a board of health under the Health Protection and Promotion Act.
Restriction on changes
(6)Despite clause 96 (5) (c) of the Health Protection and Promotion Act, the Lieutenant Governor in Council cannot dissolve the health unit or change its boundaries, as they exist on the day subsection (1) comes into force, before January 1, 2004.
Repeal
(7)This section is repealed on a day to be named by proclamation of the Lieutenant Governor.
Management of landfill site
13.Jointly with the Town of Haldimand, the town shall operate and maintain the Tom Howe landfill site referred to in subsection 6 (6) of the Town of Haldimand Act, 1999, unless they agree otherwise.
Financial Matters
Allocation of certain shared costs
14.The town shall pay the costs allocated to it under subsection 14 (1) of the Town of Haldimand Act, 1999.
By-law re special services
15.(1)Subject to the restrictions set out in this section, the town may do the following things by by-law:
1.Identify a special service.
2.Determine the amount of the town's costs (including capital costs, debenture charges and charges for depreciation or for a reserve fund) that are related to that special service.
3.Subject to a regulation made under subsection (5), designate one or more merged areas of the town as an area in which the residents and property owners receive or will receive an additional municipal benefit from the special service that is not or will not be received in the other merged areas of the town.
4.Determine the portion of the amount determined under paragraph 2 that represents the additional cost of providing the additional municipal benefit in each area designated under paragraph 3 and set out the method it used for making that determination.
5.Determine the amount, if any, of the additional cost referred to in paragraph 4 that is to be raised under subsection (8).
Restriction
(2)A by-law may be made with respect to a special service,
(a)that was being provided in a merged area of the town by or on behalf of an old municipality or divided municipality or a local board of an old municipality or divided municipality; and
(b)that continued to be provided in the merged area by or on behalf of the town or a local board of the town at any time during 2001.
Same
(3)A by-law cannot designate a merged area under paragraph 3 of subsection (1) as one in which residents and property owners do not currently receive but will receive an additional municipal benefit from the special service in future unless,
(a)the expenditures necessary to make the additional benefit available in the merged area appear in the town's budget for the year (as adopted under section 367 of the Municipal Act); or
(b)the town has established a reserve fund to finance those expenditures over a period of years.
Same
(4)The town cannot pass a by-law for a particular year (the "applicable year") after 2002 with respect to a particular special service unless the following conditions are met:
1.The town passed a by-law with respect to the special service in 2002.
2.The town passed a by-law with respect to the special service for every year after 2002 and before the applicable year.
Regulation, designated areas
(5)For the purposes of paragraph 3 of subsection (1), the Minister may, by regulation,
(a)specify an area that may be designated under that paragraph even though it is not composed of one or more merged areas;
(b)prescribe circumstances in which an area may be designated under that paragraph even though it is not composed of one or more merged areas.
Same
(6)A regulation under subsection (5) may be general or specific in its application and may apply differently to different special services.
Same
(7)A regulation under subsection (5) may be made retroactive to a date not earlier than January 1 of the year in which the regulation is made.
Special levy
(8)For each year in which a by-law under subsection (1) is in force, the town shall levy a special local municipality levy under section 368 of the Municipal Act on the rateable property in the area designated under paragraph 3 of subsection (1) to raise the amount determined under paragraph 5 of that subsection.
Same
(9)Such rateable property as may be prescribed is exempt from the levy under subsection (8) to the extent prescribed.
Adjustments, general local municipality levy
16.(1)This section applies with respect to the tax rates levied to raise the general local municipality levy under section 368 of the Municipal Act.
Interpretation
(2)A reference in this section to the assets or liabilities of a merged area is a reference to,
(a)in the case of a merged area comprised of an old municipality, the assets or liabilities on December 31, 2000 of the municipality and its local boards; and
(b)in the case of a merged area comprised of part of a divided municipality, the assets or liabilities on December 31, 2000 of the municipality and its local boards that are allocated to the town under section 34 of the Town of Haldimand Act, 1999.
Decrease in tax rates
(3)Subject to the restrictions set out in this section, the town may, by by-law, decrease the tax rates that would otherwise apply on the assessment within a merged area,
(a)if the town council considers that it would be unfair that the taxpayers in the merged area not receive direct benefit from the assets or any class of assets of the merged area; and
(b)if the amount of taxes lost by decreasing the tax rates does not exceed the value of the assets referred to in clause (a).
Increase in tax rates
(4)Subject to the restrictions set out in this section, the town may, by by-law, increase the tax rates that would otherwise apply on the assessment within a merged area,
(a)if the town council considers that it would be unfair that the taxpayers outside the merged area be responsible for the liabilities or any class of liabilities of the merged area; and
(b)if the amount of taxes gained by increasing the tax rates does not exceed the value of the liabilities referred to in clause (a).
Restriction
(5)The town cannot pass a by-law under this section for 2009 or a subsequent year.
Same
(6)The town cannot pass a by-law under this section for a particular year (the "applicable year") after 2002 with respect to a merged area unless the following conditions are met:
1.The town passed a by-law under this section in 2002 with respect to the merged area.
2.The town passed a by-law under this section with respect to the merged area for every year after 2002 and before the applicable year.
Same
(7)In any year, increases or decreases, as the case may be, in the tax rates on different classes of property in a merged area must bear the same proportion to each other as the proportion of the applicable tax ratios established under section 363 of the Municipal Act for the property classes for the year.
Budget
(8)The town shall include in its budget (as adopted under section 367 of the Municipal Act) for a year the amounts resulting from an increase or decrease in tax rates under this section for the year.
Regulations
(9)The Minister may, by regulation, require the town to exercise its powers under this section and may require the town to do so with respect to such assets and liabilities as may be specified in the regulation and to do so in the manner specified in the regulation.
General or specific
(10)A regulation under subsection (9) may be general or specific in its application.
Retroactivity
(11)A regulation under subsection (9) may be made retroactive to January 1 of the year in which it is made.
Effect on by-laws
(12)A by-law of the town passed under this section, whether it is passed before or after a regulation is made under subsection (9), is of no effect to the extent that it does not comply with the regulation.
Definitions
(13)In this section, "
assets" means reserves, reserve funds and such other assets as may be prescribed; ("lments d'actif") "
liabilities" means debts and such other liabilities as may be prescribed. ("lments de passif")
Sewage services rates
17.The town may pass by-laws under section 221 of the Municipal Act for imposing sewage services rates to recover all or part of the cost of the establishment, construction, maintenance, operation, extension, improvement and financing of the collection and disposal of sewage.
Levies for various services
18.(1)The town may establish one or more municipal service areas and levy one or more special local municipality levies under section 368 of the Municipal Act in the municipal service areas for the purpose of raising all or part of its costs for the following services, including the costs of establishing, constructing, maintaining, operating, improving, extending and financing those services:
1.The supply and distribution of water.
2.Fire protection and prevention.
3.Public transportation, other than highways.
4.Street lighting.
5.The collection and disposal of sewage.
Same
(2)For the purposes of subsection (1), the town may levy different special local municipality levies in different municipal service areas and the different levies may vary on any basis the town considers relevant.
Area taxing power
19.(1)In this section, "
area taxing power" means a power under section 15 or 18 of this Act or under any other provision of an Act, regulation or order that authorizes the town to raise costs related to services by imposing taxes on less than all the rateable property in the town.
Duty
(2)The town shall exercise its area taxing power with respect to such services as may be prescribed and shall do so in the prescribed taxation years and in the prescribed manner.
Same
(3)A regulation authorized by subsection (2) cannot prescribe a taxation year after the 2004 taxation year.
Effect on by-laws
(4)A by-law of the town passed under an area taxing power, whether it is passed before or after a regulation authorized by subsection (2), is of no effect to the extent that it does not comply with the regulation.
Expenses of the transition board in 2001
20.(1)The town shall pay that portion of the expenses of the transition board for 2001 that is specified by the transition board, and shall make payments in the amounts and at the times specified by the transition board.
Same
(2)The transition board shall give the town council an estimate of its expenses and the council shall include in the town's operating budget for 2001 the portion of the expenses that the town is required to pay.
Same
(3)The expenses of the transition board include the remuneration and expenses of its members, as authorized under section 21 of the Town of Haldimand Act, 1999.
Transition Board
Power re certain employment contracts
21.(1)In the circumstances described in this section, the transition board may, by order, amend or rescind a contract (other than a collective agreement) entered into between an old municipality and a person who is a municipal officer required by statute or who is an employee of executive rank.
Same
(2)The contract must be one of the following:
1.A contract entered into after October 8, 1999, containing a provision described in subsection (3).
2.A contract amended after October 8, 1999 to include a provision described in subsection (3).
Provision
(3)The provision must be one that establishes compensation which, in the opinion of the transition board, is unreasonably high in comparison to persons in similar situations.
Definition
(4)In this section, "
compensation" includes severance payments and payments during a period of notice of termination or payments in lieu of such notice.
Power to hire certain town employees
22.(1)The transition board shall establish the key elements of the town's organizational structure and hire the municipal officers required by statute and any employees of executive rank whom the transition board considers necessary to ensure the good management of the town.
Same
(2)When the transition board hires a person under subsection (1), the following rules apply:
1.The transition board has the authority to negotiate the terms of the employment contract with the person.
2.The town is bound by the employment contract.
3.The employment contract may take effect on or before January 1, 2001.
4.If the contract takes effect before January 1, 2001, the person is the employee of the transition board before January 1, 2001 and the employee of the town beginning on January 1, 2001. If the contract takes effect on January 1, 2001, the person is the employee of the town.
5.While the person is an employee of the transition board, the person shall be deemed to be an employee under the Ontario Municipal Employees Retirement System Act, and the transition board shall be deemed, in respect of the person, to be an employer under that Act.
6.On January 1, 2001, the town council shall be deemed to have taken all the steps that may be required to make the person the effective holder of his or her office.
Power re information, etc.
23.(1)The transition board has the following powers to obtain information, records and documents from an old municipality, a divided municipality and a local board of either of them:
1.To require the old municipality, divided municipality or local board to submit a report to the transition board,
i.identifying the assets and liabilities of the old municipality, divided municipality or local board, or specified categories of those assets and liabilities, and
ii.naming the members and employees of the old municipality, divided municipality or local board and stating their position, terms of employment, remuneration and employment benefits.
2.To require the old municipality or divided municipality to submit a report to the transition board listing the entities, including local boards,
i.that were established by or for the old municipality or divided municipality and that exist when the report is made, or
ii.that received funding from the old municipality or divided municipality in 1999.
3.To require the old municipality or divided municipality to submit a report to the transition board,
i.listing the entities, including local boards, to which the old municipality or divided municipality has the power to make appointments, and
ii.for each entity, identifying the source of the power to make the appointments, naming each current appointee and stating when his or her term expires.
4.To require the old municipality, divided municipality or local board to give the transition board information, records or documents that are in the possession or control of the municipality or local board and are relevant to the functions of the transition board.
5.To require the old municipality, divided municipality or local board to create a new document or record that is relevant to the functions of the transition board by compiling existing information, and to give the document or record to the transition board.
6.To require the old municipality, divided municipality or local board to give the transition board a report concerning any matter the transition board specifies that is relevant to the functions of the transition board.
7.To require the old municipality, divided municipality or local board to update information previously given to the transition board under any of the preceding paragraphs.
8.To impose a deadline for complying with a requirement imposed under any of the preceding paragraphs.
Conflict
(2)A requirement of the transition board under subsection (1) prevails over a restriction or prohibition in the Freedom of Information and Protection of Privacy Act and the Municipal Freedom of Information and Protection of Privacy Act.
Secondments
(3)The transition board may require that an employee of an old municipality, a divided municipality or a local board of either be seconded to work for the transition board.
Same
(4)A person who is seconded to the transition board remains the employee of the old municipality, divided municipality or local board, which is entitled to recover his or her salary and the cost of his or her employment benefits from the transition board.
Same
(5)A person who is seconded to the transition board is entitled to receive the same employment benefits and at least the same salary as in his or her permanent position.
Duty to co-operate, etc.
24.(1)The members of the council of each old municipality and divided municipality, the employees and agents of either and the members, employees and agents of each local board of either shall,
(a)co-operate with the members, employees and agents of the transition board, assist them in the performance of their duties and comply with their requests under this Act; and
(b)on request, allow any person described in clause (a) to examine and copy any document, record or other information in the possession or control of the old municipality, divided municipality or local board, as the case may be, that is relevant to the functions of the transition board.
Conflict
(2)This section applies despite any restriction or prohibition in the Freedom of Information and Protection of Privacy Act and the Municipal Freedom of Information and Protection of Privacy Act.
Duties re personal information
25.(1)A person who obtains information under subsection 23 (1) or section 24 that is personal information as defined in the Municipal Freedom of Information and Protection of Privacy Act shall use and disclose it only for the purposes of this Act.
Same
(2)Without limiting the generality of subsection (1), the personal information referred to in that subsection includes information relating to,
(a)a financial transaction or proposed financial transaction of an old municipality, a divided municipality or a local board of either;
(b)anything done or proposed to be done in connection with the finances of an old municipality, a divided municipality or a local board of either by a member of the council of the municipality or local board or by an employee or agent of the municipality or local board.
Offence
(3)A person who wilfully fails to comply with subsection (1) shall be deemed to contravene clause 48 (1) (a) of the Municipal Freedom of Information and Protection of Privacy Act.
Conflict
(4)Subsection (1) applies despite anything in the Freedom of Information and Protection of Privacy Act or the Municipal Freedom of Information and Protection of Privacy Act.
Protection from personal liability
26.(1)No proceeding for damages shall be commenced against the transition board or any of its members, employees or agents for any act done in good faith in the execution or intended execution of their powers and duties under this Act or for any alleged neglect or default in the execution in good faith of their powers and duties.
Same
(2)Subsection (1) also applies in respect of an employee or agent of an old municipality, a divided municipality or a local board of either who acts under the direction of,
(a)the transition board or a member of it;
(b)the council of the old municipality or divided municipality; or
(c)the local board.
Vicarious liability
(3)Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsections (1) and (2) do not relieve any person, other than one mentioned in those subsections, of any liability to which the person would otherwise be subject.
Transfers upon dissolution of the transition board
27.(1)All the assets and liabilities of the transition board immediately before it is dissolved that are allocated to the town under section 34 of the Town of Haldimand Act, 1999, including all rights, interests, approvals, status, registrations, entitlements and contractual benefits and obligations, become assets and liabilities of the town, when the transition board is dissolved, without compensation.
By-laws and resolutions
(2)Every by-law or resolution of the transition board that is in force immediately before the transition board is dissolved shall be deemed to be a by-law or resolution of the town council when the transition board is dissolved and remains in force, in respect of the part of the municipal area to which it applied immediately before the transition board was dissolved, until it expires or is repealed or amended to provide otherwise.
Effect of this section
(3)Nothing in this section authorizes the repeal or amendment of a by-law or resolution conferring rights, privileges, franchises, immunities or exemptions if the transition board could not repeal or amend, as the case may be, the by-law or resolution.
Powers and Duties of Old Municipalities
Regulations re powers and duties
28.(1)The Minister may make regulations providing that an old municipality or a local board of an old municipality,
(a)shall not exercise a specified power under a particular Act;
(b)shall not exercise a specified power under a particular Act unless it is exercised in the manner specified in the regulation;
(c)shall not exercise a specified power under a particular Act without the approval of the transition board or of such other person or body as is specified in the regulation;
(d)shall not exercise a specified power under a particular Act unless it is exercised in accordance with the guidelines, if any, issued by the transition board under this Act or the Town of Haldimand Act, 1999.
Same
(2)A regulation under subsection (1) may be general or specific in its application.
Same
(3)The following rules apply with respect to regulations under subsection (1):
1.A regulation cannot prevent an old municipality or local board from doing anything that it is otherwise required by law to do.
2.A regulation cannot prevent an old municipality or local board from taking action in an emergency.
3.A regulation cannot prevent the performance of a contract entered into before the day this subsection comes into force.
4.A regulation cannot prevent an action that is approved by, or done in accordance with, guidelines of the transition board issued under this Act or the Town of Haldimand Act, 1999.
5.A regulation cannot prevent an action that is provided for by a by-law or resolution that also contains provisions to the effect that the by-law or resolution does not come into force until,
i.the approval of the transition board or other person or body specified by a regulation made under clause (1) (c) has been obtained, or
ii.guidelines authorizing the action are issued by the transition board under this Act or the Town of Haldimand Act, 1999.
6.If the transition board or another person or body is authorized to give an approval under this Act or the Town of Haldimand Act, 1999, it may approve an action in advance or retroactively and may impose conditions that apply to the approval.
Collective Bargaining
Before January 1, 2001
Collective bargaining, old municipalities
29.(1)The collective agreement, if any, that applies with respect to employees of an old municipality immediately before this subsection comes into force continues to apply with respect to those employees and with respect to employees hired to replace them until the day on which the collective agreement or the composite agreement of which it becomes a part ceases to apply under subsection 23 (8) or 24 (7), section 29 or subsection 31 (3) of the Public Sector Labour Relations Transition Act, 1997 with respect to those employees.
Expired agreements
(2)If no collective agreement is in operation immediately before subsection (1) comes into force, the most recent collective agreement, if any, shall be deemed to be in effect from that day for the purposes of this Act, and subsection (1) applies with necessary modifications.
Termination of certain proceedings
(3)On the day subsection (1) comes into force, the appointment of a conciliation officer under section 49 of the Fire Protection and Prevention Act, 1997, section 18 of the Labour Relations Act, 1995 or section 121 of the Police Services Act for the purpose of endeavouring to effect a collective agreement between an old municipality and a bargaining agent with respect to employees described in subsection (1) is terminated.
No appointment
(4)No conciliation officer shall be appointed in respect of a dispute concerning a collective agreement described in subsection (3).
Duty to bargain terminated
(5)On and after the day subsection (1) comes into force, no bargaining agent is under an obligation to bargain as a result of a notice to bargain given to it by an old municipality and no old municipality is under an obligation to bargain as a result of a notice to bargain given to it by a bargaining agent.
No notice to bargain to be given
(6)On and after the day subsection (1) comes into force, no bargaining agent shall give notice to bargain to an old municipality under section 47 of the Fire Protection and Prevention Act, 1997, section 16 or 59 of the Labour Relations Act, 1995 or section 119 of the Police Services Act.
Same
(7)On and after the day subsection (1) comes into force, no old municipality shall give notice to bargain to a bargaining agent under section 47 of the Fire Protection and Prevention Act, 1997, section 16 or 59 of the Labour Relations Act, 1995 or section 119 of the Police Services Act.
Interest arbitrations terminated
(8)On the day subsection (1) comes into force, interest arbitrations to which an old municipality is a party and in which a final decision has not been issued are terminated.
Right to strike
(9)Before January 1, 2001, no employee of an old municipality shall strike against the municipality and no old municipality shall lock out an employee.
Enforcement
(10)Sections 81 to 85 and 100 to 108 of the Labour Relations Act, 1995 apply with necessary modifications with respect to the enforcement of this section.
Alterations to bargaining units
30.(1)Before January 1, 2001, for the purposes of section 20 of the Public Sector Labour Relations Transition Act, 1997, the transition board may make an agreement with bargaining agents who represent employees of an old municipality to change or not to change the number and description of the bargaining units in respect of which the agents have bargaining rights, and the agreement is binding upon the town as if it had been made by the town.
Agreement re change in bargaining units
(2)The agreement does not come into effect until the later of,
(a)the day on which the conditions described in subsections 20 (7) and (8) of the Public Sector Labour Relations Transition Act, 1997 are satisfied; and
(b)January 1, 2001.
Restrictions
(3)If an agreement is made, during the period beginning 10 days after it is executed and ending when it comes into effect, no application may be made for certification of a bargaining agent to represent employees of an old municipality who are not members of a bargaining unit when the agreement is executed.
Same
(4)During the period beginning when subsection (1) comes into force and ending on December 31, 2000, no application may be made for certification of a bargaining agent to represent employees who are already represented by a bargaining agent and no application may be made for a declaration that a bargaining agent that represents such employees no longer represents them.
Same
(5)On and after January 1, 2001, the right to make an application described in subsection (4) is (subject to the Public Sector Labour Relations Transition Act, 1997) determined under the Act that otherwise governs collective bargaining in respect of the employees.
Deeming
(6)For the purposes of clause (2) (a) of this section and of subsection 20 (7) of the Public Sector Labour Relations Transition Act, 1997, the transition board shall be deemed to be the employer.
Agreement re change of bargaining agents
(7)If an agreement described in subsection (1) is made, any agreement made by the bargaining agents concerned under section 21 of the Public Sector Labour Relations Transition Act, 1997 does not come into effect until the later of,
(a)the day on which the conditions described in subsection 21 (2) of that Act are satisfied; and
(b)January 1, 2001.
Notice of agreement
(8)A copy of the agreement under section 21 of the Public Sector Labour Relations Transition Act, 1997 may be given either to the transition board before January 1, 2001 or to the town after December 31, 2000, for the purposes of clause (7) (a) of this section and of subsection 21 (2) of that Act.
Determination re bargaining agent
(9)For the purposes of subsection 21 (4) of the Public Sector Labour Relations Transition Act, 1997, the transition board or a bargaining agent may make a request to the Ontario Labour Relations Board before January 1, 2001.
Appropriate bargaining units
31.(1)Before January 1, 2001, for the purposes of section 22 of the Public Sector Labour Relations Transition Act, 1997 the transition board may apply to the Ontario Labour Relations Board for an order determining the number and description of the bargaining units that, in the Board's opinion, are likely to be appropriate for the town's operations.
Order
(2)An order by the Ontario Labour Relations Board under section 22 of the Public Sector Labour Relations Transition Act, 1997 is binding upon the town as if the application had been made by the town, and is binding even if the order is not made until after December 31, 2000.
Same
(3)An order made under section 22 of the Public Sector Labour Relations Transition Act, 1997 on an application under subsection (1) cannot take effect before January 1, 2001.
Restrictions
(4)If the transition board applies under subsection (1) for an order under section 22 of the Public Sector Labour Relations Transition Act, 1997, during the period beginning 10 days after the application is made and ending when an order comes into effect, no application may be made for certification of a bargaining agent to represent employees of an old municipality who are not members of a bargaining unit when the application is made.
Same
(5)During the period beginning when subsection (1) comes into force and ending on December 31, 2000, no application may be made for certification of a bargaining agent to represent employees who are already represented by a bargaining agent and no application may be made for a declaration that a bargaining agent that represents such employees no longer represents them.
Same
(6)On and after January 1, 2001, the right to make an application described in subsection (5) is (subject to the Public Sector Labour Relations Transition Act, 1997) determined under the Act that otherwise governs collective bargaining in respect of the employees.
Administration and enforcement
32.(1)Sections 37 (Ontario Labour Relations Board) and 38 (Arbitration Act, 1991) of the Public Sector Labour Relations Transition Act, 1997 apply, with necessary modifications, with respect to proceedings before the Ontario Labour Relations Board concerning requests under subsection 30 (9) and applications under subsection 31 (1).
Rules to expedite proceedings
(2)Rules made by the Ontario Labour Relations Board under subsection 37 (4) of the Public Sector Labour Relations Transition Act, 1997 apply, with necessary modifications, with respect to proceedings referred to in subsection (1).
Same
(3)Subsections 37 (5) and (6) of the Public Sector Labour Relations Transition Act, 1997 apply, with necessary modifications, with respect to the rules described in subsection (2).
Collective bargaining, old local boards
33.Sections 29 to 32 apply, with necessary modifications, with respect to local boards of the old municipalities and of the divided municipalities.
The Regular Election in 2000
Terms extended
34.(1)The following persons, if in office on November 30, 2000, shall continue in office until the first council of the town is organized:
1.The members of the councils of the old municipalities.
2.The members of the local boards of the old municipalities.
Same
(2)Subsection (1) applies to elected and unelected persons, and applies despite section 6 of the Municipal Elections Act, 1996.
Rules for the regular election
35.The following rules apply to the regular election in 2000 in the municipal area:
1.The election shall be conducted as if sections 2, 3, 4, 5 and 9 of this Act and section 6 of the Town of Haldimand Act, 1999 were already in force.
2.The transition board shall designate a person to conduct the regular election in 2000 under the Municipal Elections Act, 1996.
3.The clerks of the old municipalities and the divided municipalities and the clerk of the town, if appointed, shall assist the person designated under paragraph 2 and act under his or her direction.
4.The transition board acts as council for the purpose of making the decisions that council is required to make under the Municipal Elections Act, 1996 for the regular election. The town council shall make those decisions once the council is organized.
5.The costs of the election in the municipal area that are payable in 2000 shall be included in the operating budget of The Regional Municipality of Haldimand-Norfolk for 2000. The regional municipality shall pay those costs as directed by the person designated under paragraph 2. The costs of the election in the municipal area that are payable in 2001 shall be paid by the town.
6.Each area municipality under the Regional Municipality of Haldimand-Norfolk Act shall include in its operating budget for 2000 an amount equal to the amount it would have budgeted for the costs of the regular election in 2000 if this Act had not been passed, and shall pay that amount to The Regional Municipality of Haldimand-Norfolk on or before July 1, 2000.
7.The amount referred to in paragraph 6 shall be paid, first, from any reserve or reserve fund previously established by the area municipality for the costs of the regular election in 2000.
General
Enforcement
36.(1)The Minister may apply to the Superior Court of Justice for an order requiring a person or body to comply with any provision of this Act or a regulation made under this Act or with a decision or requirement of the transition board made under this Act.
Same
(2)Subsection (1) is additional to, and does not replace, any other available means of enforcement.
Regulations
37.(1)The Lieutenant Governor in Council may make regulations,
(a)providing that, with necessary modifications, the town or a local board of the town may exercise any power or is required to perform any duty of an old municipality or a local board of an old municipality on December 31, 2000 under an Act or a provision of an Act that does not apply to the town or local board as a result of the Fewer Municipal Politicians Act, 1999\;
(b)providing that, with necessary modifications, the town or a local board of the town may exercise any power or is required to perform any duty of a divided municipality or a local board of a divided municipality on December 31, 2000 with respect to the municipal area under an Act or a provision of an Act that does not apply to the town or local board as a result of the Fewer Municipal Politicians Act, 1999\;
(c)providing for consequential amendments to any Act that, in the opinion of the Lieutenant Governor in Council, are necessary for the effective implementation of this Act.
Same, Minister
(2)The Minister may make regulations,
(a)prescribing anything that is required or permitted by this Act to be done or prescribed by a regulation under this Act;
(b)defining any word or expression used in this Act that is not expressly defined in this Act;
(c)providing for any transitional matter that, in the opinion of the Minister, is necessary or desirable for the effective implementation of this Act;
(d)establishing wards for the purposes of section 3.
Examples
(3)A regulation under clause (2) (c) may provide, for example,
(a)that the town may undertake long-term borrowing to pay for operational expenditures on transitional costs, as defined in the regulation, subject to such conditions and restrictions as may be prescribed;
(b)that, for the purposes of section 8 of the Municipal Elections Act, 1996, the Minister may require a question to be submitted to the electors of all or any part of the municipal area set out in the regulation.
General or specific
(4)A regulation may be general or specific in its application.
Retroactive
(5)A regulation may be made retroactive to a date not earlier than January 1, 2001.
Conflicts
38.(1)This Act applies despite any general or special Act and despite any regulation made under any other Act, and in the event of a conflict between this Act and another Act or a regulation made under another Act, this Act prevails.
Same
(2)In the event of a conflict between a regulation made under this Act and a provision of this Act or of another Act or a regulation made under another Act, the regulation made under this Act prevails.
Commencement and Short Title
Commencement
39.(1)Subject to subsections (2) and (3), the Act set out in this Schedule comes into force on the day the Fewer Municipal Politicians Act, 1999 receives Royal Assent.
Same
(2)Sections 1 and 21 to 38 come into force on a day to be named by proclamation of the Lieutenant Governor.
Same
(3)Sections 2 to 20 come into force on January 1, 2001.
Short title
40.The short title of the Act set out in this Schedule is the Town of Norfolk Act, 1999.
Schedule A
the municipal area
(Definition of "municipal area" in section 1)
All of that part of the City of Nanticoke as it exists on December 31, 2000, that lies to the west of a line described as follows:
DESCRIPTION:
BEGINNING at the intersection of the centreline of Regional Road 74 with the southwesterly limit of the County of Brant;
THENCE southerly along the centreline of Regional Road 74 to its intersection with the prolongation of the centreline of the road allowance between Concessions 11 and 12 of the geographic Township of Townsend;
THENCE westerly to and along the centreline of the road allowance to its intersection with the prolongation of the limit between Lots 20 and 21, Concession 12 of the geographic Township of Townsend;
THENCE southerly to and along the limit between Lots 20 and 21 through Concessions 12 and 13 of the geographic Township of Townsend, to the dividing line between the north and south halves of Concession 13;
THENCE westerly along the dividing line to the dividing line between the east and west halves of Lot 20, Concession 13;
THENCE southerly along the dividing line between the east and west halves of Lot 20 through Concessions 13 and 14 of the geographic Township of Townsend to the southerly limit of railway right-of-way running east to west through Lot 20, Concession 14;
THENCE easterly along the southerly limit of the railway right-of-way to its intersection with the limit between Lots 20 and 21, Concession 14;
THENCE southerly along the limit between Lots 20 and 21, and its southerly prolongation, to the centreline of Highway No. 3;
THENCE easterly along the centreline of Highway No. 3 to its intersection with the prolongation of the centreline of Regional Road 70;
THENCE southerly to and along the centreline of Regional Road 70, and its southerly prolongation, to its intersection with the centreline of Highway No. 6;
THENCE southwesterly along the centreline of Highway No. 6 to its intersection with the prolongation of the limit between Lots 20 and 21, Concession 3 of the geographic Township of Woodhouse;
THENCE southerly to and along the limit between Lots 20 and 21 through Concessions 3, 2 and 1 of the geographic Township of Woodhouse to the limit of Lake Erie.
schedule e
city of ottawa act, 1999
contents
Interpretation
Interprtation
1.
Definitions
1.
Dfinitions
The City
La cit
2.
Incorporation
2.
Constitution
3.
Wards
3.
Quartiers
4.
City council
4.
Conseil municipal
5.
Dissolution of old municipalities
5.
Dissolution des anciennes municipalits
Local Boards
Conseils locaux
6.
Police services board
6.
Commission de services policiers
7.
Public library board
7.
Conseil de bibliothques publiques
8.
Public utilities commissions
8.
Commissions de services publics
9.
Transportation commission
9.
Commission de transport
10.
Other local boards
10.
Autres conseils locaux
11.
Employees of old local boards
11.
Employs des anciens conseils locaux
Powers of the City
Pouvoirs de la cit
12.
Powers of a board of health
12.
Pouvoirs d'un conseil de sant
Financial Matters
Questions financires
13.
By-law re special services
13.
Rglements municipaux : services spciaux
14.
Adjustments, general local municipality levy
14.
Redressements, impt gnral local
15.
Sewage services rates
15.
Redevances de service d'gout
16.
Levies for various services
16.
Impts pour divers services
17.
Area taxing power
17.
Pouvoir d'imposition de secteur
18.
Expenses of the transition board in 2001
18.
Dpenses du conseil de transition en 2001
Transition Board
Conseil de transition
19.
Transition board
19.
Conseil de transition
20.
Power re certain employment contracts
20.
Pouvoir : certains contrats de travail
21.
Power to hire certain city employees
21.
Pouvoir d'engager certains employs
22.
Powers re information, etc.
22.
Pouvoirs : renseignements
23.
Duty to co-operate, etc.
23.
Collaboration
24.
Duties re personal information
24.
Obligations : renseignements personnels
25.
Protection from personal liability
25.
Immunit
26.
Dissolution of the transition board
26.
Dissolution du conseil de transition
Powers and Duties of Old Municipalities
Pouvoirs et fonctions
des anciennes municipalits
27.
Regulations re powers and duties
27.
Rglements : pouvoirs et fonctions
28.
Expenses of the transition board in 2000
28.
Dpenses du conseil de transition en 2000
Collective Bargaining
Before January 1, 2001
Ngociation collective
avant le 1er janvier 2001
29.
Collective bargaining, old municipalities
29.
Ngociation collective, anciennes municipalits
30.
Alterations to bargaining units
30.
Modification des units de ngociation
31.
Appropriate bargaining units
31.
Units de ngociation appropries
32.
Administration and enforcement
32.
Application et excution
33.
Collective bargaining, old local boards
33.
Ngociation collective, anciens conseils locaux
The Regular Election in 2000
lections ordinaires
de 2000
34.
Terms extended
34.
Prolongation du mandat
35.
Rules for the regular election
35.
Rgles s'appliquant aux lections ordinaires
General
Dispositions gnrales
36.
Enforcement
36.
Excution
37.
Regulations
37.
Rglements
38.
Conflicts
38.
Incompatibilit
Commencement and Short Title
Entre en vigueur
et titre abrg
39.
Commencement
39.
Entre en vigueur
40.
Short title
40.
Titre abrg
Interpretation
Definitions
1.In this Act, "
city" means the City of Ottawa incorporated by this Act; ("cit") "
collective agreement" means,
(a)a collective agreement within the meaning of the Labour Relations Act, 1995,
(b)a collective agreement within the meaning of Part IX of the Fire Protection and Prevention Act, 1997, or
(c)an agreement under Part VIII of the Police Services Act\; ("convention collective") "
local board" means a public utility commission, transportation commission, public library board, board of park management, board of health, police services board or other body established or exercising power under any general or special Act with respect to any of the affairs of an old municipality or of the city, but does not include,
(a)the transition board,
(b)a children's aid society,
(c)a conservation authority, or
(d)a school board; ("conseil local") "
merged area" means all of an old municipality that forms part of the city; ("secteur fusionn") "
Minister" means the Minister of Municipal Affairs and Housing; ("ministre") "
municipal area" means the area that comprises the geographic area of jurisdiction of The Regional Municipality of Ottawa-Carleton under the Regional Municipality of Ottawa-Carleton Act on December 31, 2000; ("secteur municipal") "
municipal benefit" includes a direct or indirect benefit which is available immediately after an expenditure of money on a service or activity and a benefit which will be available only after an additional expenditure of money on the service or activity; ("avantage municipal") "
old municipality" means The Regional Municipality of Ottawa-Carleton and each area municipality under the Regional Municipality of Ottawa-Carleton Act on December 31, 2000; ("ancienne municipalit") "
special service" means a service or activity of the city that is not being provided or undertaken generally throughout the city or that is being provided or undertaken at different levels or in a different manner in different parts of the city; ("service spcial") "
transition board" means the transition board referred to in subsection 19 (1). ("conseil de transition")
The City
Incorporation
2.(1)On January 1, 2001, the inhabitants of the municipal area are constituted as a body corporate under the name "City of Ottawa" in English and "cit d'Ottawa" in French.
Status
(2)The body corporate is a city and a local municipality for all purposes.
Board of control
(3)Despite subsection 64 (1) of the Municipal Act, the city shall not have a board of control.
Wards
3.The municipal area is divided into 20 wards as established by regulation.
City council
4.(1)The city council is composed of the mayor, elected by general vote, and 20 other members, elected in accordance with subsection (2).
Same
(2)One member of the council shall be elected for each ward.
Transition, first council
(3)The following special rules apply to the members of the council elected in the 2000 regular election:
1.Despite section 6 of the Municipal Elections Act, 1996, the members' terms of office begin on January 1, 2001.
2.Despite subsection 49 (1) of the Municipal Act, the first meeting of the council shall be held on or before January 9, 2001.
Dissolution of old municipalities
5.(1)The following municipalities are dissolved on January 1, 2001:
1.The Regional Municipality of Ottawa-Carleton.
2.The City of Cumberland.
3.The City of Gloucester.
4.The Township of Goulbourn.
5.The City of Kanata.
6.The City of Nepean.
7.The Township of Osgoode.
8.The City of Ottawa.
9.The Township of Rideau.
10.The Village of Rockcliffe Park.
11.The City of Vanier.
12.The Township of West Carleton.
Rights and duties
(2)The city stands in the place of the old municipalities for all purposes.
Same
(3)Without limiting the generality of subsection (2),
(a)the city has every power and duty of an old municipality under any general or special Act, in respect of the part of the municipal area to which the power or duty applied on December 31, 2000; and
(b)all the assets and liabilities of the old municipalities on December 31, 2000, including all rights, interests, approvals, status, registrations, entitlements and contractual benefits and obligations, become assets and liabilities of the city on January 1, 2001, without compensation.
Same, debentures
(4)Without limiting the generality of clause (3) (b), the city stands in the place of The Regional Municipality of Ottawa-Carleton with respect to debentures issued by the regional municipality on which the principal remains unpaid on December 31, 2000, and the city is also responsible to pay any related debt charges that are payable on or after January 1, 2001.
Exception, emergency powers
(5)Until the city council elected in the 2000 regular election is organized, each old municipality continues to have the powers it possesses on December 31, 2000, for the purpose of dealing with emergencies.
By-laws and resolutions
(6)Every by-law or resolution of an old municipality that is in force on December 31, 2000 shall be deemed to be a by-law or resolution of the city council on January 1, 2001 and remains in force, in respect of the part of the municipal area to which it applied on December 31, 2000, until it expires or is repealed or amended to provide otherwise.
Official plans
(7)Every official plan of an old municipality that is in force on December 31, 2000 shall be deemed to be an official plan of the city on January 1, 2001 and remains in force, in respect of the part of the municipal area to which it applied on December 31, 2000, until it is revoked or amended to provide otherwise.
Effect of this section
(8)Nothing in this section authorizes the repeal or amendment of a by-law or resolution conferring rights, privileges, franchises, immunities or exemptions if the old municipality could not repeal or amend, as the case may be, the by-law or resolution.
Employees of old municipalities
(9)A person who is an employee of an old municipality on December 31, 2000 and who would, but for this Act, still be an employee of the old municipality on January 1, 2001 is entitled to be an employee of the city or of one of its local boards on January 1, 2001.
Same
(10)A person's employment with an old municipality shall be deemed not to have been terminated for any purpose by anything in subsection (9).
Payment of certain employment benefits
(11)Despite the repeal of the Regional Municipality of Ottawa-Carleton Act, the city shall continue to provide the allowances described in subsections 9 (1) and (2) of that Act, as they read on December 31, 2000, to the persons who are entitled to such allowances on that date.
Same
(12)Subsections 9 (1) and (2) of the Regional Municipality of Ottawa-Carleton Act, as they read on December 31, 2000, continue to apply with respect to the allowances to be provided by the city under subsection (11), despite the repeal of that Act.
Local Boards
Police services board
6.(1)On January 1, 2001, the Regional Municipality of Ottawa-Carleton Police Services Board is continued under the name "Ottawa Police Services Board" in English and "Commission des services policiers d'Ottawa" in French.
Same
(2)The Ottawa Police Services Board is the police services board of the city.
Size of the board
(3)On January 1, 2001, the city shall be deemed to have applied for, and the Lieutenant Governor in Council to have approved, an application under subsection 27 (9) of the Police Services Act to increase the size of the Ottawa Police Services Board to seven members.
Public library board
7.(1)On January 1, 2001, a library board for the city is established under the name "Ottawa Public Library Board" in English and "Conseil des bibliothques publiques d'Ottawa" in French.
Status
(2)The Ottawa Public Library Board shall be deemed to be a public library board established under the Public Libraries Act.
Dissolution of old boards
(3)The public library boards of the old municipalities are dissolved on January 1, 2001.
Exception, emergency powers
(4)Until the members of the Ottawa Public Library Board first take office after December 31, 2000, each public library board of an old municipality continues to have the powers it possesses on December 31, 2000, for the purpose of dealing with emergencies.
Assets and liabilities
(5)All the assets and liabilities of the public library boards of the old municipalities on December 31, 2000, including all rights, interests, approvals, status, registrations, entitlements and contractual benefits and obligations, become assets and liabilities of the Ottawa Public Library Board on January 1, 2001, without compensation.
By-laws and resolutions
(6)Every by-law or resolution of a public library board of an old municipality that is in force on December 31, 2000 shall be deemed to be a by-law or resolution of the Ottawa Public Library Board on January 1, 2001 and remains in force, in respect of the part of the municipal area to which it applied on December 31, 2000, until it expires or is repealed or amended to provide otherwise.
Same
(7)Nothing in this section authorizes the repeal or amendment of a by-law or resolution conferring rights, privileges, franchises, immunities or exemptions if the public library board of an old municipality could not repeal or amend, as the case may be, the by-law or resolution.
Public utility commissions
8.(1)The public utility commissions of the old municipalities are dissolved on January 1, 2001.
Assets and liabilities
(2)All the assets and liabilities of the public utility commissions of the old municipalities on December 31, 2000, including all rights, interests, approvals, status, registrations, entitlements and contractual benefits and obligations, become assets and liabilities of the city on January 1, 2001, without compensation.
Transportation commission
9.(1)The Ottawa-Carleton Regional Transit Commission is dissolved on January 1, 2001.
Exception, emergency powers
(2)Until the city council elected in the 2000 regular election is organized, the Commission continues to have the powers it possesses on December 31, 2000 for the purpose of dealing with emergencies.
Assets and liabilities
(3)All the assets and liabilities of the Commission on December 31, 2000, including all rights, interests, approvals, status, registrations, entitlements and contractual benefits and obligations, become assets and liabilities of the city on January 1, 2001, without compensation.
By-laws and resolutions
(4)Every by-law or resolution of the Commission that is in force on December 31, 2000 shall be deemed to be a by-law or resolution of the city on January 1, 2001 and remains in force, in respect of the part of the municipal area to which it applied on December 31, 2000, until it expires or is repealed or amended to provide otherwise.
Same
(5)Nothing in this section authorizes the repeal or amendment of a by-law or resolution conferring rights, privileges, franchises, immunities or exemptions if the Commission could not repeal or amend, as the case may be, the by-law or resolution.
Other local boards
10.(1)This section does not apply with respect to police services boards, boards of health, public library boards, public utility commissions and the Ottawa-Carleton Regional Transit Commission.
Local boards continued
(2)The local boards of the old municipalities on December 31, 2000 are continued as local boards of the city on January 1, 2001.
Merging
(3)The city may merge two or more local boards continued by subsection (2) into a new local board.
Effect on by-laws, etc.
(4)When two or more local boards (the "predecessor boards") are merged into a new local board, every by-law or resolution of a predecessor board that is in force immediately before the merger shall be deemed to be a by-law or resolution of the new local board when the merger takes place and it remains in force, in respect of the part of the municipal area to which it applied immediately before the merger, until it expires or is repealed or amended to provide otherwise.
Same
(5)Subsection (4) applies, with necessary modifications, with respect to by-laws and resolutions of the city that relate to a predecessor board.
Assets and liabilities
(6)All the assets and liabilities of the predecessor boards immediately before they are merged, including all rights, interests, approvals, status, registrations, entitlements and contractual benefits and obligations, become assets and liabilities of the new local board when the merger takes place, without compensation.
Effect of this section
(7)Nothing in this section authorizes the repeal or amendment of a by-law or resolution conferring rights, privileges, franchises, immunities or exemptions if the predecessor board could not repeal or amend, as the case may be, the by-law or resolution.
Employees of old local boards
11.(1)A person who is an employee of a local board of an old municipality on December 31, 2000 and who would, but for this Act, still be an employee of the local board on January 1, 2001 is entitled to be an employee of the city or one of its local boards on January 1, 2001.
Same
(2)A person's employment with a local board of an old municipality shall be deemed not to have been terminated for any purpose by anything in subsection (1).
Powers of the City
Powers of a board of health
12.The city has the powers, rights and duties of a board of health under the Health Protection and Promotion Act.
Financial Matters
By-law re special services
13.(1)Subject to the restrictions set out in this section, the city may do the following things by by-law:
1.Identify a special service.
2.Determine the amount of the city's costs (including capital costs, debenture charges and charges for depreciation or for a reserve fund) that are related to that special service.
3.Subject to a regulation made under subsection (5), designate one or more merged areas of the city as an area in which the residents and property owners receive or will receive an additional municipal benefit from the special service that is not or will not be received in the other merged areas of the city.
4.Determine the portion of the amount determined under paragraph 2 that represents the additional cost of providing the additional municipal benefit in each area designated under paragraph 3 and set out the method it used for making that determination.
5.Determine the amount, if any, of the additional cost referred to in paragraph 4 that is to be raised under subsection (8).
Restriction
(2)A by-law may be made with respect to a special service,
(a)that was being provided in a merged area of the city by or on behalf of an old municipality or a local board of an old municipality; and
(b)that continued to be provided in the merged area by or on behalf of the city or a local board of the city at any time during 2001.
Same
(3)A by-law cannot designate a merged area under paragraph 3 of subsection (1) as one in which residents and property owners do not currently receive but will receive an additional municipal benefit from the special service in future unless,
(a)the expenditures necessary to make the additional benefit available in the merged area appear in the city's budget for the year (as adopted under section 367 of the Municipal Act); or
(b)the city has established a reserve fund to finance those expenditures over a period of years.
Same
(4)The city cannot pass a by-law for a particular year (the "applicable year") after 2002 with respect to a particular special service unless the following conditions are met:
1.The city passed a by-law with respect to the special service in 2002.
2.The city passed a by-law with respect to the special service for every year after 2002 and before the applicable year.
Regulation, designated areas
(5)For the purposes of paragraph 3 of subsection (1), the Minister may, by regulation,
(a)specify an area that may be designated under that paragraph even though it is not composed of one or more merged areas;
(b)prescribe circumstances in which an area may be designated under that paragraph even though it is not composed of one or more merged areas.
Same
(6)A regulation under subsection (5) may be general or specific in its application and may apply differently to different special services.
Same
(7)A regulation under subsection (5) may be made retroactive to a date not earlier than January 1 of the year in which the regulation is made.
Special levy
(8)For each year in which a by-law under subsection (1) is in force, the city shall levy a special local municipality levy under section 368 of the Municipal Act on the rateable property in the area designated under paragraph 3 of subsection (1) to raise the amount determined under paragraph 5 of that subsection.
Same
(9)Such rateable property as may be prescribed is exempt from the levy under subsection (8) to the extent prescribed.
Adjustments, general local municipality levy
14.(1)This section applies with respect to the tax rates levied to raise the general local municipality levy under section 368 of the Municipal Act.
Interpretation
(2)A reference in this section to the assets or liabilities of a merged area is a reference to the assets or liabilities on December 31, 2000 of the old municipality that comprises the merged area and of its local boards.
Decrease in tax rates
(3)Subject to the restrictions set out in this section, the city may, by by-law, decrease the tax rates that would otherwise apply on the assessment within a merged area,
(a)if the city council considers that it would be unfair that the taxpayers in the merged area not receive direct benefit from the assets or any class of assets of the merged area; and
(b)if the amount of taxes lost by decreasing the tax rates does not exceed the value of the assets referred to in clause (a).
Increase in tax rates
(4)Subject to the restrictions set out in this section, the city may, by by-law, increase the tax rates that would otherwise apply on the assessment within a merged area,
(a)if the city council considers that it would be unfair that the taxpayers outside the merged area be responsible for the liabilities or any class of liabilities of the merged area; and
(b)if the amount of taxes gained by increasing the tax rates does not exceed the value of the liabilities referred to in clause (a).
Restriction
(5)The city cannot pass a by-law under this section for 2009 or a subsequent year.
Same
(6)The city cannot pass a by-law under this section for a particular year (the "applicable year") after 2002 with respect to a merged area unless the following conditions are met:
1.The city passed a by-law under this section in 2002 with respect to the merged area.
2.The city passed a by-law under this section with respect to the merged area for every year after 2002 and before the applicable year.
Same
(7)In any year, increases or decreases, as the case may be, in the tax rates on different classes of property in a merged area must bear the same proportion to each other as the proportion of the applicable tax ratios established under section 363 of the Municipal Act for the property classes for the year.
Budget
(8)The city shall include in its budget (as adopted under section 367 of the Municipal Act) for a year the amounts resulting from an increase or decrease in tax rates under this section for the year.
Regulations
(9)The Minister may, by regulation, require the city to exercise its powers under this section and may require the city to do so with respect to such assets and liabilities as may be specified in the regulation and to do so in the manner specified in the regulation.
General or specific
(10)A regulation under subsection (9) may be general or specific in its application.
Retroactivity
(11)A regulation under subsection (9) may be made retroactive to January 1 of the year in which it is made.
Effect on by-laws
(12)A by-law of the city passed under this section, whether it is passed before or after a regulation is made under subsection (9), is of no effect to the extent that it does not comply with the regulation.
Definitions
(13)In this section, "
assets" means reserves, reserve funds and such other assets as may be prescribed; ("lments d'actif") "
liabilities" means debts and such other liabilities as may be prescribed. ("lments de passif")
Sewage services rates
15.The city may pass by-laws under section 221 of the Municipal Act for imposing sewage services rates to recover all or part of the cost of the establishment, construction, maintenance, operation, extension, improvement and financing of the collection and disposal of sewage.
Levies for various services
16.(1)The city may establish one or more municipal service areas and levy one or more special local municipality levies under section 368 of the Municipal Act in the municipal service areas for the purpose of raising all or part of its costs for the following services, including the costs of establishing, constructing, maintaining, operating, improving, extending and financing those services:
1.The supply and distribution of water.
2.Fire protection and prevention.
3.Public transportation, other than highways.
4.Street lighting.
5.The collection and disposal of sewage.
Same
(2)For the purposes of subsection (1), the city may levy different special local municipality levies in different municipal service areas and the different levies may vary on any basis the city considers relevant.
Area taxing power
17.(1)In this section, "
area taxing power" means a power under section 13 or 16 of this Act or under any other provision of an Act, regulation or order that authorizes the city to raise costs related to services by imposing taxes on less than all the rateable property in the city.
Duty
(2)The city shall exercise its area taxing power with respect to such services as may be prescribed and shall do so in the prescribed taxation years and in the prescribed manner.
Same
(3)A regulation authorized by subsection (2) cannot prescribe a taxation year after the 2004 taxation year.
Effect on by-laws
(4)A by-law of the city passed under an area taxing power, whether it is passed before or after a regulation authorized by subsection (2), is of no effect to the extent that it does not comply with the regulation.
Expenses of the transition board in 2001
18.(1)The city shall pay the expenses of the transition board for 2001, in the amounts and at the times specified by the transition board.
Same
(2)The transition board shall give the city council an estimate of its expenses and the council shall include them in the city's operating budget for 2001.
Same
(3)The expenses of the transition board include the remuneration and expenses of its members, as authorized under section 19.
Transition Board
Transition board
19.(1)A transition board shall be established by a regulation made under this section.
Same
(2)The transition board is a corporation without share capital and is composed of such persons as the Minister may appoint, including non-voting members.
Chair
(3)The Minister may designate a member of the board as its chair.
Remuneration
(4)The members of the board are entitled to be paid the remuneration and expenses authorized by a regulation made under this section.
Function
(5)The primary function of the transition board is to facilitate the transition from the old municipalities and their local boards to the city and its local boards,
(a)by controlling the decisions of the old municipalities and their local boards that could have significant financial consequences for the city and its local boards; and
(b)by developing business plans for the city and its local boards in order to maximize the efficiency and costs savings of this new municipal structure.
Powers and duties
(6)The transition board has such powers and duties for the purposes of this Act as may be prescribed by a regulation made under this section, in addition to the powers and duties set out in this Act.
Power to delegate
(7)The transition board may authorize one or more of its members to exercise a power or perform a duty under this Act on its behalf.
Other powers
(8)The transition board may hire staff, arrange for facilities and obtain expert services, as it considers necessary to perform its functions.
Regulations
(9)The Minister may make regulations providing for the matters referred to in this section as matters to be dealt with or prescribed by a regulation made under this section.
Same
(10)Without limiting the generality of subsection (9), a regulation respecting the powers and duties of the transition board may,
(a)set out the powers and duties of the board with respect to the Minister, the board itself, the city and its local boards and the old municipalities and their local boards;
(b)provide that the board shall be deemed to be a municipality, including a regional municipality, for the purpose of any Act, which Act would then apply to the board with the modifications specified in the regulation;
(c)authorize the board to issue guidelines with respect to the matters specified in the regulation;
(d)specify matters relating to the procedures and operations of the board.
Same
(11)A regulation under this section may be general or specific in its application.
Application of guidelines
(12)A guideline authorized under clause (10) (c) and issued by the transition board may provide that it applies with respect to actions taken before the guidelines were issued.
Power re certain employment contracts
20.(1)In the circumstances described in this section, the transition board may, by order, amend or rescind a contract (other than a collective agreement) entered into between an old municipality and a person who is a municipal officer required by statute or who is an employee of executive rank.
Same
(2)The contract must be one of the following:
1.A contract entered into after October 8, 1999, containing a provision described in subsection (3).
2.A contract amended after October 8, 1999 to include a provision described in subsection (3).
Provision
(3)The provision must be one that establishes compensation which, in the opinion of the transition board, is unreasonably high in comparison to persons in similar situations.
Definition
(4)In this section, "
compensation" includes severance payments and payments during a period of notice of termination or payments in lieu of such notice.
Power to hire certain city employees
21.(1)The transition board shall establish the key elements of the city's organizational structure and hire the municipal officers required by statute and any employees of executive rank whom the transition board considers necessary to ensure the good management of the city.
Same
(2)When the transition board hires a person under subsection (1), the following rules apply:
1.The transition board has the authority to negotiate the terms of the employment contract with the person.
2.The city is bound by the employment contract.
3.The employment contract may take effect on or before January 1, 2001.
4.If the contract takes effect before January 1, 2001, the person is the employee of the transition board before January 1, 2001 and the employee of the city beginning on January 1, 2001. If the contract takes effect on January 1, 2001, the person is the employee of the city.
5.While the person is an employee of the transition board, the person shall be deemed to be an employee under the Ontario Municipal Employees Retirement System Act, and the transition board shall be deemed, in respect of the person, to be an employer under that Act.
6.On January 1, 2001, the city council shall be deemed to have taken all the steps that may be required to make the person the effective holder of his or her office.
Powers re information, etc.
22.(1)The transition board has the following powers to obtain information, records and documents from an old municipality and a local board of an old municipality:
1.To require the old municipality or local board to submit a report to the transition board,
i.identifying the assets and liabilities of the old municipality or local board, or specified categories of those assets and liabilities, and
ii.naming the members and employees of the old municipality or local board and stating their position, terms of employment, remuneration and employment benefits.
2.To require the old municipality to submit a report to the transition board listing the entities, including local boards,
i.that were established by or for the old municipality and that exist when the report is made, or
ii.that received funding from the old municipality in 1999.
3.To require the old municipality to submit a report to the transition board,
i.listing the entities, including local boards, to which the old municipality has the power to make appointments, and
ii.for each entity, identifying the source of the power to make the appointments, naming each current appointee and stating when his or her term expires.
4.To require the old municipality or local board to give the transition board information, records or documents that are in the possession or control of the municipality or local board and are relevant to the functions of the transition board.
5.To require the old municipality or local board to create a new document or record that is relevant to the functions of the transition board by compiling existing information, and to give the document or record to the transition board.
6.To require the old municipality or local board to give the transition board a report concerning any matter the transition board specifies that is relevant to the functions of the transition board.
7.To require the old municipality or local board to update information previously given to the transition board under any of the preceding paragraphs.
8.To impose a deadline for complying with a requirement imposed under any of the preceding paragraphs.
Conflict
(2)A requirement of the transition board under subsection (1) prevails over a restriction or prohibition in the Freedom of Information and Protection of Privacy Act and the Municipal Freedom of Information and Protection of Privacy Act.
Secondments
(3)The transition board may require that an employee of an old municipality or of a local board of an old municipality be seconded to work for the transition board.
Same
(4)A person who is seconded to the transition board remains the employee of the old municipality or local board which is entitled to recover his or her salary and the cost of his or her employment benefits from the transition board.
Same
(5)A person who is seconded to the transition board is entitled to receive the same employment benefits and at least the same salary as in his or her permanent position.
Duty to co-operate, etc.
23.(1)The members of the council of each old municipality, the employees and agents of the old municipality, and the members, employees and agents of each local board of an old municipality shall,
(a)co-operate with the members, employees and agents of the transition board, assist them in the performance of their duties and comply with their requests under this Act; and
(b)on request, allow any person described in clause (a) to examine and copy any document, record or other information in the possession or control of the old municipality or local board, as the case may be, that is relevant to the functions of the transition board.
Conflict
(2)This section applies despite any restriction or prohibition in the Freedom of Information and Protection of Privacy Act and the Municipal Freedom of Information and Protection of Privacy Act.
Duties re personal information
24.(1)A person who obtains information under subsection 22 (1) or section 23 that is personal information as defined in the Municipal Freedom of Information and Protection of Privacy Act shall use and disclose it only for the purposes of this Act.
Same
(2)Without limiting the generality of subsection (1), the personal information referred to in that subsection includes information relating to,
(a)a financial transaction or proposed financial transaction of an old municipality or a local board of an old municipality;
(b)anything done or proposed to be done in connection with the finances of an old municipality or a local board of an old municipality by a member of the council of the old municipality or local board or by an employee or agent of the old municipality or local board.
Offence
(3)A person who wilfully fails to comply with subsection (1) shall be deemed to contravene clause 48 (1) (a) of the Municipal Freedom of Information and Protection of Privacy Act.
Conflict
(4)Subsection (1) applies despite anything in the Freedom of Information and Protection of Privacy Act or the Municipal Freedom of Information and Protection of Privacy Act.
Protection from personal liability
25.(1)No proceeding for damages shall be commenced against the transition board or any of its members, employees or agents for any act done in good faith in the execution or intended execution of their powers and duties under this Act or for any alleged neglect or default in the execution in good faith of their powers and duties.
Same
(2)Subsection (1) also applies in respect of an employee or agent of an old municipality or a local board of an old municipality who acts under the direction of,
(a)the transition board or a member of it;
(b)the council of the old municipality; or
(c)the local board.
Vicarious liability
(3)Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsections (1) and (2) do not relieve any person, other than one mentioned in those subsections, of any liability to which the person would otherwise be subject.
Dissolution of the transition board
26.(1)The transition board is dissolved on January 31, 2001 or on such later date as the Minister may, by regulation, specify.
Assets and liabilities
(2)All the assets and liabilities of the transition board immediately before it is dissolved, including all rights, interests, approvals, status, registrations, entitlements and contractual benefits and obligations, become assets and liabilities of the city, when the transition board is dissolved, without compensation.
By-laws and resolutions
(3)Every by-law or resolution of the transition board that is in force immediately before the transition board is dissolved shall be deemed to be a by-law or resolution of the city council when the transition board is dissolved and remains in force, in respect of the part of the municipal area to which it applied immediately before the transition board was dissolved, until it expires or is repealed or amended to provide otherwise.
Effect of this section
(4)Nothing in this section authorizes the repeal or amendment of a by-law or resolution conferring rights, privileges, franchises, immunities or exemptions if the transition board could not repeal or amend, as the case may be, the by-law or resolution.
Powers and Duties of Old Municipalities
Regulations re powers and duties
27.(1)The Minister may make regulations providing that an old municipality or a local board of an old municipality,
(a)shall not exercise a specified power under a particular Act;
(b)shall not exercise a specified power under a particular Act unless it is exercised in the manner specified in the regulation;
(c)shall not exercise a specified power under a particular Act without the approval of the transition board or of such other person or body as is specified in the regulation;
(d)shall not exercise a specified power under a particular Act unless it is exercised in accordance with the guidelines, if any, issued by the transition board under this Act.
Same
(2)A regulation under subsection (1) may be general or specific in its application.
Same
(3)The following rules apply with respect to regulations under subsection (1):
1.A regulation cannot prevent an old municipality or local board from doing anything that it is otherwise required by law to do.
2.A regulation cannot prevent an old municipality or local board from taking action in an emergency.
3.A regulation cannot prevent the performance of a contract entered into before the day this subsection comes into force.
4.A regulation cannot prevent an action that is approved by, or done in accordance with, guidelines of the transition board issued under this Act.
5.A regulation cannot prevent an action that is provided for by a by-law or resolution that also contains provisions to the effect that the by-law or resolution does not come into force until,
i.the approval of the transition board or other person or body specified by a regulation made under clause (1) (c) has been obtained, or
ii.guidelines authorizing the action are issued by the transition board under this Act.
6.If the transition board or another person or body is authorized to give an approval under this Act, it may approve an action in advance or retroactively and may impose conditions that apply to the approval.
Expenses of the transition board in 2000
28.(1)The Regional Municipality of Ottawa-Carleton shall pay the expenses of the transition board for 2000, in the amounts and at the times specified by the transition board.
Same
(2)The transition board shall give the council of the regional municipality an estimate of its expenses and the regional municipality shall include them in its operating budget for 2000.
Same
(3)The expenses of the transition board include the remuneration and expenses of its members, as authorized under section 19.
Collective Bargaining
Before January 1, 2001
Collective bargaining, old municipalities
29.(1)The collective agreement, if any, that applies with respect to employees of an old municipality immediately before this subsection comes into force continues to apply with respect to those employees and with respect to employees hired to replace them until the day on which the collective agreement or the composite agreement of which it becomes a part ceases to apply under subsection 23 (8) or 24 (7), section 29 or subsection 31 (3) of the Public Sector Labour Relations Transition Act, 1997 with respect to those employees.
Expired agreements
(2)If no collective agreement is in operation immediately before subsection (1) comes into force, the most recent collective agreement, if any, shall be deemed to be in effect from that day for the purposes of this Act, and subsection (1) applies with necessary modifications.
Termination of certain proceedings
(3)On the day subsection (1) comes into force, the appointment of a conciliation officer under section 49 of the Fire Protection and Prevention Act, 1997, section 18 of the Labour Relations Act, 1995 or section 121 of the Police Services Act for the purpose of endeavouring to effect a collective agreement between an old municipality and a bargaining agent with respect to employees described in subsection (1) is terminated.
No appointment
(4)No conciliation officer shall be appointed in respect of a dispute concerning a collective agreement described in subsection (3).
Duty to bargain terminated
(5)On and after the day subsection (1) comes into force, no bargaining agent is under an obligation to bargain as a result of a notice to bargain given to it by an old municipality and no old municipality is under an obligation to bargain as a result of a notice to bargain given to it by a bargaining agent.
No notice to bargain to be given
(6)On and after the day subsection (1) comes into force, no bargaining agent shall give notice to bargain to an old municipality under section 47 of the Fire Protection and Prevention Act, 1997, section 16 or 59 of the Labour Relations Act, 1995 or section 119 of the Police Services Act.
Same
(7)On and after the day subsection (1) comes into force, no old municipality shall give notice to bargain to a bargaining agent under section 47 of the Fire Protection and Prevention Act, 1997, section 16 or 59 of the Labour Relations Act, 1995 or section 119 of the Police Services Act.
Interest arbitrations terminated
(8)On the day subsection (1) comes into force, interest arbitrations to which an old municipality is a party and in which a final decision has not been issued are terminated.
Right to strike
(9)Before January 1, 2001, no employee of an old municipality shall strike against the municipality and no old municipality shall lock out an employee.
Enforcement
(10)Sections 81 to 85 and 100 to 108 of the Labour Relations Act, 1995 apply with necessary modifications with respect to the enforcement of this section.
Alterations to bargaining units
30.(1)Before January 1, 2001, for the purposes of section 20 of the Public Sector Labour Relations Transition Act, 1997 the transition board may make an agreement with bargaining agents who represent employees of an old municipality to change or not to change the number and description of the bargaining units in respect of which the agents have bargaining rights, and the agreement is binding upon the city as if it had been made by the city.
Agreement re change in bargaining units
(2)The agreement does not come into effect until the later of,
(a)the day on which the conditions described in subsections 20 (7) and (8) of the Public Sector Labour Relations Transition Act, 1997 are satisfied; and
(b)January 1, 2001.
Restrictions
(3)If an agreement is made, during the period beginning 10 days after it is executed and ending when it comes into effect, no application may be made for certification of a bargaining agent to represent employees of an old municipality who are not members of a bargaining unit when the agreement is executed.
Same
(4)During the period beginning when subsection (1) comes into force and ending on December 31, 2000, no application may be made for certification of a bargaining agent to represent employees who are already represented by a bargaining agent and no application may be made for a declaration that a bargaining agent that represents such employees no longer represents them.
Same
(5)On and after January 1, 2001, the right to make an application described in subsection (4) is (subject to the Public Sector Labour Relations Transition Act, 1997) determined under the Act that otherwise governs collective bargaining in respect of the employees.
Deeming
(6)For the purposes of clause (2) (a) of this section and of subsection 20 (7) of the Public Sector Labour Relations Transition Act, 1997, the transition board shall be deemed to be the employer.
Agreement re change of bargaining agents
(7)If an agreement described in subsection (1) is made, any agreement made by the bargaining agents concerned under section 21 of the Public Sector Labour Relations Transition Act, 1997 does not come into effect until the later of,
(a)the day on which the conditions described in subsection 21 (2) of that Act are satisfied; and
(b)January 1, 2001.
Notice of agreement
(8)A copy of the agreement under section 21 of the Public Sector Labour Relations Transition Act, 1997 may be given either to the transition board before January 1, 2001 or to the city after December 31, 2000, for the purposes of clause (7) (a) of this section and of subsection 21 (2) of that Act.
Determination re bargaining agent
(9)For the purposes of subsection 21 (4) of the Public Sector Labour Relations Transition Act, 1997, the transition board or a bargaining agent may make a request to the Ontario Labour Relations Board before January 1, 2001.
Appropriate bargaining units
31.(1)Before January 1, 2001, for the purposes of section 22 of the Public Sector Labour Relations Transition Act, 1997 the transition board may apply to the Ontario Labour Relations Board for an order determining the number and description of the bargaining units that, in the Board's opinion, are likely to be appropriate for the city's operations.
Order
(2)An order by the Ontario Labour Relations Board under section 22 of the Public Sector Labour Relations Transition Act, 1997 is binding upon the city as if the application had been made by the city, and is binding even if the order is not made until after December 31, 2000.
Same
(3)An order made under section 22 of the Public Sector Labour Relations Transition Act, 1997 on an application under subsection (1) cannot take effect before January 1, 2001.
Restrictions
(4)If the transition board applies under subsection (1) for an order under section 22 of the Public Sector Labour Relations Transition Act, 1997, during the period beginning 10 days after the application is made and ending when an order comes into effect, no application may be made for certification of a bargaining agent to represent employees of an old municipality who are not members of a bargaining unit when the application is made.
Same
(5)During the period beginning when subsection (1) comes into force and ending on December 31, 2000, no application may be made for certification of a bargaining agent to represent employees who are already represented by a bargaining agent and no application may be made for a declaration that a bargaining agent that represents such employees no longer represents them.
Same
(6)On and after January 1, 2001, the right to make an application described in subsection (5) is (subject to the Public Sector Labour Relations Transition Act, 1997) determined under the Act that otherwise governs collective bargaining in respect of the employees.
Administration and enforcement
32.(1)Sections 37 (Ontario Labour Relations Board) and 38 (Arbitration Act, 1991) of the Public Sector Labour Relations Transition Act, 1997 apply, with necessary modifications, with respect to proceedings before the Ontario Labour Relations Board concerning requests under subsection 30 (9) and applications under subsection 31 (1).
Rules to expedite proceedings
(2)Rules made by the Ontario Labour Relations Board under subsection 37 (4) of the Public Sector Labour Relations Transition Act, 1997 apply, with necessary modifications, with respect to proceedings referred to in subsection (1).
Same
(3)Subsections 37 (5) and (6) of the Public Sector Labour Relations Transition Act, 1997 apply, with necessary modifications, with respect to the rules described in subsection (2).
Collective bargaining, old local boards
33.Sections 29 to 32 apply, with necessary modifications, with respect to local boards of the old municipalities.
The Regular Election in 2000
Terms extended
34.(1)The following persons, if in office on November 30, 2000, shall continue in office until the first council of the city is organized:
1.The members of the councils of the old municipalities.
2.The members of the local boards of the old municipalities.
Same
(2)Subsection (1) applies to elected and unelected persons, and applies despite section 6 of the Municipal Elections Act, 1996.
Rules for the regular election
35.The following rules apply to the regular election in 2000 in the municipal area:
1.The election shall be conducted as if sections 2, 3, 4, 5 and 8 were already in force.
2.The transition board shall designate a person to conduct the regular election in 2000 under the Municipal Elections Act, 1996.
3.The clerks of the old municipalities and the clerk of the city, if appointed, shall assist the person designated under paragraph 2 and act under his or her direction.
4.The transition board acts as council for the purpose of making the decisions that council is required to make under the Municipal Elections Act, 1996 for the regular election. The city council shall make those decisions once the council is organized.
5.The costs of the election that are payable in 2000 shall be included in the operating budget of The Regional Municipality of Ottawa-Carleton for 2000. The regional municipality shall pay those costs as directed by the person designated under paragraph 2. The costs of the election that are payable in 2001 shall be paid by the city.
6.Each area municipality under the Regional Municipality of Ottawa-Carleton Act shall include in its operating budget for 2000 an amount equal to the amount it would have budgeted for the costs of the regular election in 2000 if this Act had not been passed, and shall pay that amount to The Regional Municipality of Ottawa-Carleton on or before July 1, 2000.
7.The amount referred to in paragraph 6 shall be paid, first, from any reserve or reserve fund previously established by the area municipality for the costs of the regular election in 2000.
General
Enforcement
36.(1)The Minister may apply to the Superior Court of Justice for an order requiring a person or body to comply with any provision of this Act or a regulation made under this Act or with a decision or requirement of the transition board made under this Act.
Same
(2)Subsection (1) is additional to, and does not replace, any other available means of enforcement.
Regulations
37.(1)The Lieutenant Governor in Council may make regulations,
(a)providing that, with necessary modifications, the city or a local board of the city may exercise any power or is required to perform any duty of an old municipality or a local board of an old municipality on December 31, 2000 under an Act or a provision of an Act that does not apply to the city or local board as a result of the Fewer Municipal Politicians Act, 1999\;
(b)providing for consequential amendments to any Act that, in the opinion of the Lieutenant Governor in Council, are necessary for the effective implementation of this Act.
Same, Minister
(2)The Minister may make regulations,
(a)prescribing anything that is required or permitted by this Act to be done or prescribed by a regulation under this Act;
(b)defining any word or expression used in this Act that is not expressly defined in this Act;
(c)providing for any transitional matter that, in the opinion of the Minister, is necessary or desirable for the effective implementation of this Act;
(d)establishing wards for the purposes of section 3.
Examples
(3)A regulation under clause (2) (c) may provide, for example,
(a)that the city may undertake long-term borrowing to pay for operational expenditures on transitional costs, as defined in the regulation, subject to such conditions and restrictions as may be prescribed;
(b)that, for the purposes of section 8 of the Municipal Elections Act, 1996, the Minister may require a question to be submitted to the electors of all or any part of the municipal area set out in the regulation.
General or specific
(4)A regulation may be general or specific in its application.
Retroactive
(5)A regulation may be made retroactive to a date not earlier than January 1, 2001.
Conflicts
38.(1)This Act applies despite any general or special Act and despite any regulation made under any other Act, and in the event of a conflict between this Act and another Act or a regulation made under another Act, this Act prevails.
Same
(2)In the event of a conflict between a regulation made under this Act and a provision of this Act or of another Act or a regulation made under another Act, the regulation made under this Act prevails.
Commencement and Short Title
Commencement
39.(1)Subject to subsections (2) and (3), the Act set out in this Schedule comes into force on the day the Fewer Municipal Politicians Act, 1999 receives Royal Assent.
Same
(2)Sections 1 and 19 to 38 come into force on a day to be named by proclamation of the Lieutenant Governor.
Same
(3)Sections 2 to 18 come into force on January 1, 2001.
Short title
40.The short title of the Act set out in this Schedule is the City of Ottawa Act, 1999.
schedule F
amendments to VARIOUS statutes
City of Toronto Act, 1997
1.(1)Clause 3 (1) (b) of the City of Toronto Act, 1997, as re-enacted by the Statutes of Ontario, 1998, chapter 11, section 1, is repealed and the following substituted:
(b)44 other members, or such other number as may be prescribed by regulation, to be elected in accordance with subsection (1.1).
(2)Subsection 3 (1.1) of the Act, as enacted by the Statutes of Ontario, 1998, chapter 11, section 1 is repealed and the following substituted:
Same
(1.1)One member of the council, or such other number as may be prescribed by regulation, shall be elected for each ward.
(3)Subsection 3 (2) of the Act is repealed and the following substituted:
Changes to composition
(2)The composition of council cannot be changed by a by-law made under section 29 of the Municipal Act.
Same
(3)A by-law changing the composition of council is void, whether it is passed before or after this subsection comes into force.
Regular election in 2000
(4)The following rules apply to the regular election in 2000 in the new city:
1.The election shall be conducted as if subsections 1 (1), (2), (5) and (10) of Schedule F to the Fewer Municipal Politicians Act, 1999 were already in force.
2.The election shall be conducted as if the regulations authorized by clause 3 (1) (b) and subsections 3 (1.1) and 5 (1), as re-enacted by section 1 of Schedule F to the Fewer Municipal Politicians Act, 1999 were already in force.
3.If no regulations are made for the purposes of subsection 5 (1), as re-enacted by section 1 of Schedule F to the Fewer Municipal Politicians Act, 1999, paragraphs 1 and 2 do not apply. The election shall be conducted in accordance with this Act as it read immediately before the Fewer Municipal Politicians Act, 1999 received Royal Assent.
(4)Section 4 of the Act is repealed and the following substituted:
Executive committee
4.(1)The city council may, by by-law, establish an executive committee and provide for its composition.
Same
(2)On December 1, 2000, the executive committee established under this section as it reads on November 30, 2000 is dissolved.
(5)Subsection 5 (1) of the Act is repealed and the following substituted:
Wards
(1)The urban area is divided into 44 wards, or such other number as may be prescribed by regulation, and the boundaries of the wards are as prescribed by regulation.
(6)Subsection 5 (2) of the Act is repealed and the following substituted:
Same
(2)The wards cannot be changed or dissolved by a by-law or an order made under section 13, 13.1 or 13.2 of the Municipal Act.
Same
(3)A by-law or an order changing or dissolving the wards is void, whether it is made before or after this subsection comes into force.
(7)Subsections 7 (1) and (2) of the Act are repealed and the following substituted:
Community councils
(1)The city council may, by by-law, establish community councils and provide for their composition.
Same
(2)The following rules apply with respect to a by-law establishing community councils:
1.All of the urban area must be represented by community councils.
2.A ward must not be represented partly by one and partly by another community council.
3.Only members of the city council may be members of a community council.
(8)Subsections 7 (5) and (6) of the Act are repealed and the following substituted:
Dissolution
(5)On December 1, 2000, the community councils established under this section, as it reads on November 30, 2000, are dissolved.
(9)The Act is amended by adding the following section:
Regulations
25.(1)The Minister may, by regulation,
(a)prescribe the matters that this Act permits or requires to be done or prescribed by regulation;
(b)divide or re-divide the urban area into wards;
(c)provide for transitional matters that affect an election under the Municipal Elections Act, 1996 and that relate to a regulation made for the purposes of clause 3 (1) (b) or subsection 3 (1.1) or 5 (1);
(d)provide that the first date for filing nominations in an election under the Municipal Elections Act, 1996 is the date specified in the regulation instead of the date provided for under that Act.
Retroactivity
(2)A regulation under clause (1) (c) may be made retroactive to the first date for filing nominations in an election to which the regulation applies.
General or specific
(3)A regulation may be general or specific in its application.
(10)The Schedule to the Act is repealed.
City of Toronto Act, 1997 (No. 2)
2.Clause 31 (a) of the City of Toronto Act, 1997 (No. 2) is repealed and the following substituted:
(a)contribute to the commission's capital costs; and
. . . . .
Electricity Act, 1998
3.Section 142 of the Electricity Act, 1998 is amended by adding the following subsection:
Municipal Freedom of Information and Protection of Privacy Act
(7)Despite the definition of "institution" in subsection 2 (1) of the Municipal Freedom of Information and Protection of Privacy Act and despite subsection 2 (3) of that Act, a corporation incorporated pursuant to this section shall be deemed not to be an institution for the purposes of that Act and shall be deemed not to be part of a municipal corporation for the purposes of that Act.
French Language Services Act
4.The Schedule to the French Language Services Act, as amended by Ontario Regulation 407/94 and the Statutes of Ontario, 1997, chapter 26, Schedule, is further amended by striking out:
Regional Municipality of Hamilton-Wentworth
Regional Municipality of Ottawa-Carleton
Regional Municipality of Sudbury
City of Hamilton
All
All
Cit du Grand Sudbury
Cit de Hamilton
Cit d'Ottawa
La totalit
La totalit de la cit de Hamilton telle qu'elle existe le
31 dcembre 2000
La totalit
and substituting the following:
City of Greater Sudbury
City of Hamilton
City of Ottawa
All
All of the City of Hamilton as it exists on December 31, 2000
All
Municipalit rgionale de Hamilton-Wentworth
Municipalit rgionale d'Ottawa-Carleton
Municipalit rgionale de Sudbury
La cit de Hamilton
La totalit
La totalit
Municipal Act
5.(1)Clause 25.2 (2) (b) of the Municipal Act, as enacted by the Statutes of Ontario, 1996, chapter 1, Schedule M, section 1, is amended by striking out "and" at the end of subclause (ii), by adding "and" at the end of subclause (iii) and by adding the following subclause:
(iv)the municipality consulted the public in the required manner.
(2)Section 25.2 of the Act, as enacted by the Statutes of Ontario, 1996, chapter 1, Schedule M, section 1 and amended by 1997, chapter 26, Schedule, is further amended by adding the following subsection:
Consultation
(3.1)Before the council of a municipality votes on whether to support or oppose a restructuring proposal, the council shall or may, as applicable, do the following things when the proposal is being developed or after it is developed:
1.Council shall consult with the public by giving notice of, and by holding, at least one public meeting.
2.Council shall consult with such persons or bodies as the Minister may prescribe.
3.Council may consult with such other persons and bodies as the municipality considers appropriate.
(3)Subsection 25.2 (4) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 1, Schedule M, section 1, is repealed and the following substituted:
Implementation
(4)If a restructuring proposal and report under subsection (2) meet the requirements of this section and if, in the opinion of the Minister, the proposal and report comply with the restructuring principles and standards established under subsection 25.4 (1), the Minister shall, by order, implement the restructuring proposal in accordance with the regulations made under subsection (11).
Amendment of restructuring proposal
(4.1)After the following requirements are met and despite subsection (4), the Minister may allow a restructuring proposal submitted under subsection (2) to be amended and, if an order implementing the proposal has already been made, the Minister may make another order to implement the amended restructuring proposal:
1.An amended restructuring report setting out the amended restructuring proposal must be submitted to the Minister by one of the municipalities or local bodies entitled to make the original restructuring proposal.
2.The amended restructuring proposal must have the prescribed degree of support of the prescribed municipalities and local bodies in the locality whose support was required by subclause (2) (b) (i) for the original restructuring proposal.
3.The amended restructuring proposal must have the prescribed degree of support of the prescribed municipalities and local bodies in the locality whose support would be required by subclause (2) (b) (i), if the amended proposal were an original restructuring proposal.
4.The provisions of any order implementing the original restructuring proposal which are to be amended are not in force.
Same
(4.2)An amended restructuring proposal and report submitted to the Minister under subsection (4.1) shall be deemed to have been submitted to the Minister under subsection (2) for the purposes of this section.
Same
(4.3)If the Minister makes an order under subsection (4) and then makes another order under subsection (4.1) implementing an amended restructuring proposal, the second order shall be deemed to have been made under subsection (4) for the purposes of this section.
(4)Section 25.2 of the Act, as enacted by the Statutes of Ontario, 1996, chapter 1, Schedule M, section 1 and amended by 1997, chapter 26, Schedule, is further amended by adding the following subsections:
Same, restructuring principles and standards
(5.1)If the Minister is not satisfied that the restructuring proposal and report meet the requirements of this section and comply with the restructuring principles and standards established under subsection 25.4 (1), the Minister shall not make an order implementing the proposal and he or she may refer the proposal and report back to the municipality or local body that submitted them for reconsideration.
Effect of order
(5.2)A restructuring proposal and report shall be deemed to comply with the restructuring principles and standards established under subsection 25.4 (1) once an order implementing the proposal is made under subsection (4).
(5)Subsection 25.2 (9) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 1, Schedule M, section 1, is amended by adding the following clause:
(d)for the purpose of paragraph 2 of subsection (3.1), specifying the persons or bodies to be consulted.
(6)Section 25.2 of the Act, as enacted by the Statutes of Ontario, 1996, chapter 1, Schedule M, section 1 and amended by 1997, chapter 26, Schedule, is further amended by adding the following subsection:
Same
(13)Despite subsection (12), a municipality may exercise its powers under any of the following provisions before or after an order of the Minister under this section or an order of a commission under section 25.3 comes into force, unless the order precludes it expressly or by necessary implication:
1.Sections 13 to 13.2 (wards).
2.Sections 26 and 29 (council composition).
3.Sections 209.1 to 209.6 (service migration).
4.Section 210.4 (dissolution of local boards).
5.Any other provision of an Act that provides, expressly or by necessary implication, that the provision or the exercise of power under the provision by a municipality prevails over an order under this section or section 25.3.
(7)Subsection 25.3 (1) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 1, Schedule M, section 1, is repealed and the following substituted:
Commission
(1)At the request of any of the following, the Minister may establish a commission on or before December 31, 2002 to develop a proposal for restructuring municipalities and unorganized territory in a locality or in such greater area as the Minister may prescribe:
1.A municipality in the locality.
2.The electors of a municipality in the locality, as evidenced by the signatures of at least 75 electors or by the signatures of at least that number of electors that equals 10 per cent of the total number of electors in the municipality, whichever is the lesser.
3.At least 75 residents of the unorganized territory in the locality.
Same
(1.1)For the purposes of paragraph 2 of subsection (1), the total number of electors in a municipality is the number of persons whose name appears on the voting list, as amended until the close of the polls, for the most recent regular election held before the request is made under subsection (1).
Same
(1.2)For the purposes of paragraph 2 of subsection (1), a person is eligible to sign the request as an elector if he or she would be entitled to be an elector in the municipality under section 17 of the Municipal Elections Act, 1996 if an election were held on the day the request is made under subsection (1) and if he or she is not disqualified by any Act from holding office in the municipality.
(8)Subsection 25.3 (4) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 1, Schedule M, section 1, is repealed and the following substituted:
Consultation
(4)When developing a restructuring proposal, the commission shall consult with each municipality in the prescribed locality and with such persons or bodies as the Minister may prescribe, and the commission may consult with such other persons or bodies as it considers appropriate.
(9)Subsection 25.3 (13) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 1, Schedule M, section 1, is repealed and the following substituted:
Commission orders
(13)The commission may make orders to implement the restructuring proposal if the requirements of this section have been met and if, in the opinion of the commission, the proposal complies with the restructuring principles and standards established under subsection 25.4 (1).
Same
(13.1)For the purposes of implementing a restructuring proposal, the commission has the powers under a regulation made under subsection 25.2 (11).
Effect of order
(13.2)A restructuring proposal shall be deemed to comply with the restructuring principles and standards established under subsection 25.4 (1) once an order implementing the proposal is made under subsection (13).
(10)Subsection 25.3 (18) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 1, Schedule M, section 1, is amended by adding the following clause:
(h)for the purpose of subsection (4), specifying the persons or bodies to be consulted.
(11)Section 25.4 of the Act, as enacted by the Statutes of Ontario, 1996, chapter 1, Schedule M, section 1, is repealed and the following substituted:
Regulations
25.4(1)The Minister may, by regulation, establish principles and standards relating to restructuring proposals under section 25.2 or 25.3.
Application
(2)A regulation under subsection (1) may be general or particular in its application.
Municipal Elections Act, 1996
6.(1)Section 8 of the Municipal Elections Act, 1996 is amended by adding the following subsection:
Restrictions
(2.1)A by-law passed under clause (1) (b) and a resolution passed under subsection (2) must comply with such rules as may be prescribed.
(2)Section 9 of the Act is amended by adding the following subsection:
Non-application
(3)This section does not apply with respect to notices, forms and other information provided under this Act in respect of the election of the persons described in clauses 9.1 (1) (a) and (b).
(3)The Act is amended by adding the following section:
Bilingual notices and forms
9.1(1)This section applies with respect to notices, forms and other information provided under this Act in respect of the election of,
(a)members of a French-language district school board; or
(b)members of a school authority that,
(i)has established, operated or maintained a French-language instructional unit within the year before voting day, or
(ii)is subject to an agreement, resolution or order under Part XII of the Education Act that requires the school authority to establish, operate or maintain a French-language instructional unit.
Language of notices, etc.
(2)Notices, forms and other information provided under this Act with respect to the matters described in subsection (1) shall be made available in English and French and shall not be provided in any other language unless the council of the municipality has passed a by-law under subsection (3).
By-law
(3)A municipal council may pass a by-law allowing the use of languages other than English and French in notices, forms (other than prescribed forms) and other information provided under this Act with respect to the matters described in subsection (1).
Interpretation
(4)In this section, "French-language district school board", "French-language instructional unit" and "school authority" have the same meaning as in subsection 1 (1) of the Education Act.
(4)Paragraphs 2 and 3 of subsection 11 (1) of the Act are repealed.
(5)Section 95 of the Act is amended by adding the following clause:
(h)establish rules with respect to a question to be submitted to electors under clause 8 (1) (b) or subsection 8 (2).
(6)Subsection 95 (2) of the Act is amended by striking out "or (c)" and substituting "(c) or (h)".
(7)Section 95 of the Act is amended by adding the following subsection:
Retroactivity
(4)A regulation made under clause (1) (h) may be made applicable with respect to a question in respect of which a by-law under clause 8 (1) (b) or a resolution under subsection 8 (2) is passed before the regulation comes into force, if the vote has not been held on the question when the regulation comes into force.
Municipal Franchises Act
7.Section 2 of the Municipal Franchises Act is repealed.
Public Sector Labour Relations Transition Act, 1997
8.(1)Subsection 3 (2) of the Public Sector Labour Relations Transition Act, 1997 is amended by inserting "Subject to subsection (2.1)" at the beginning.
(2)Section 3 of the Act is amended by adding the following subsection:
Same
(2.1)For the purposes of this Act, if events described in clauses (1) (b) and (c) occur on the same changeover date and if the new local board that assumes the powers and authority of the dissolved local boards is a local board of the new municipality, the following are the predecessor and successor employers in the circumstances described:
1.If an employee of a dissolved municipality becomes an employee of a local board of the new municipality on the changeover date, the dissolved municipality is the predecessor employer and the local board is the successor employer.
2.If an employee of a dissolved local board becomes an employee of the new municipality on the changeover date, the dissolved local board is the predecessor employer and the new municipality is the successor employer.
Public Utilities Act
9.(1)Section 62 of the Public Utilities Act is repealed.
(2)Any right, privilege, obligation or liability acquired, accrued or incurred after January 1, 1999 under section 62 of the Act or a by-law passed under that section is extinguished.
Regional Municipality of Halton Act
10.(1)Section 6 of the Regional Municipality of Halton Act, as amended by the Statutes of Ontario, 1996, chapter 32, section 88, is further amended by adding after "chair" in the second line "elected by general vote of the electors of all the area municipalities".
(2)The Act is amended by adding the following section:
Qualifications of chair
7.1(1)A person is qualified to hold office as chair of the Regional Council if,
(a)the person is entitled to be an elector under section 17 of the Municipal Elections Act, 1996 for the election of members of the council of an area municipality; and
(b)the person is not disqualified by this or any other Act from holding the office of chair.
Nominations for chair
(2)Nominations for chair shall be filed with the clerk of the Regional Corporation who shall send the names to the clerk of each area municipality by registered mail within 48 hours after the closing of nominations.
Election of chair
(3)The clerk of the Regional Corporation is responsible for conducting the election of the chair except that the clerk of each area municipality is responsible for recording the vote in the area municipality.
Result of vote
(4)The clerk of the area municipality shall promptly report the vote recorded to the clerk of the Regional Corporation who shall prepare the final summary and announce the result of the vote.
Regulations
(5)Despite this Act or the Municipal Elections Act, 1996, the Minister may by regulation provide for those matters which, in the opinion of the Minister, are necessary or expedient to conduct the elections of the chair and the members of the Regional Council and the councils of the area municipalities.
Conflicts
(6)If there is a conflict between a regulation made under subsection (5) and any provision of this Act or the Municipal Elections Act, 1996, the regulation prevails.
Regular election in 2000
(7)The regular election in 2000 shall be conducted as if the following provisions were in force:
1.Section 6, as amended by subsection 10 (1) of Schedule F to the Fewer Municipal Politicians Act, 1999.
2.Subsection (1) of this section.
3.The regulations made under subsection (5) of this section.
Commencement
(8)Subsection (1) comes into force on December 1, 2000.
(3)The Act is amended by adding the following section:
Vacancies
7.2(1)If a vacancy occurs in the office of chair of the Regional Council, sections 45, 46 and 47 of the Municipal Act apply with necessary modifications to the filling of the vacancy as though that office were the office of mayor.
Deemed resignation
(2)If a member of the council of an area municipality becomes chair as a result of a vacancy being filled, that person shall be deemed to have resigned as a member of the council and the person's seat on the council thereby becomes vacant.
Regional Municipality of Waterloo Act
11.Section 35 of the Regional Municipality of Waterloo Act is amended by adding the following subsections:
Regional transit area
(4)If the Regional Corporation establishes a transportation system in accordance with subsection (1), the Regional Corporation may, by by-law, define a regional transit area within which the transportation system will be provided.
Same
(5)For the purposes of the Public Vehicles Act, a transportation system provided by the Regional Corporation within a regional transit area defined under subsection (4) shall be deemed to be provided within the corporate limits of one urban municipality.
Exclusive right re buses
(6)If the Regional Corporation establishes a transportation system in accordance with subsection (1) and defines a regional transit area under subsection (4), the power of the Regional Corporation under subparagraph 104 i of section 210 of the Municipal Act to pass a by-law providing that the right to maintain and operate buses for the conveyance of passengers within the Regional Area is exclusive as against all other persons applies only with respect to the regional transit area.
Same
(7)If the Regional Corporation establishes a transportation system in accordance with subsection (1), defines a regional transit area under subsection (4) and passes a by-law under subparagraph 104 i of section 210 of the Municipal Act providing that the right to maintain and operate buses for the conveyance of passengers within the regional transit area is exclusive as against all other persons, the by-law does not affect rights existing on the day immediately before the by-law is effective of any licensed public bus transportation operator.
Special levy
(8)The Regional Corporation may, by by-law, direct its area municipalities to levy a special tax rate under section 366 of the Municipal Act on all or part of the rateable property in the regional transit area to raise all or part of the costs of the transportation system, including the costs of establishing, constructing, operating, maintaining, improving, extending and financing the system.
Same
(9)For the purposes of subsection (8), the Regional Corporation may establish different special tax rates for different parts of the regional transit area, and the different rates may vary on any basis that the Regional Corporation considers relevant.
Commencement
Commencement
12.(1)Except as otherwise provided in this section, this Schedule comes into force on the day the Fewer Municipal Politicians Act, 1999 receives Royal Assent.
Same
(2)Section 2 shall be deemed to have come into force on November 28, 1997.
Same
(3)Section 9 shall be deemed to have come into force on January 1, 1999.
Same
(4)Subsections 1 (1), (2), (4), (5), (7), (8) and (10) and 10 (1) and (3) come into force on December 1, 2000.
Same
(5)Section 4 comes into force on January 1, 2001.