Bill 62, Direct Democracy through municipal referendums Act, 2000

Clement, Hon. Tony Minister of Municipal Affairs and Housing

Versions

Original

As Amended by Standing Committee

Royal Assent

[37] Bill 62 Royal Assent (PDF)

Bill 62

Bill 622000

An Act to enact, amend and repeal

various Acts in order to encourage

direct democracy through

municipal referendums, to provide

additional tools to assist restructuring

municipalities and to deal

with other municipal matters

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

PART I

Amendments to the City of greater Sudbury Act, 1999, the Town of Haldimand Act, 1999, the City of Hamilton Act, 1999, the Town of Norfolk Act, 1999 and the City of Ottawa Act, 1999

City of Greater Sudbury Act, 1999

1.(1)The French version of the City of Greater Sudbury Act, 1999 is amended by striking out "cit du Grand Sudbury" and substituting "ville du Grand Sudbury" in the short title of the Act and in the definition of "cit" in section 1.

(2)Subsection 2 (1) of the Act is amended by striking out "cit du Grand Sudbury" and substituting "ville du Grand Sudbury".

(3)Paragraph 7 of subsection 5 (1) of the Act is repealed and the following substituted:

7.The City of Valley East.

(4)Paragraph 9 of subsection 5 (1) of the Act is repealed and the following substituted:

9.All local roads boards established under the Local Roads Boards Act located in the municipal area but if a local roads board is not entirely located in the municipal area, only the portion of the local roads board located in the municipal area is dissolved.

(5)Subsection 5 (2) of the Act is repealed and the following substituted:

Rights and duties

(2)The city stands in the place of the old municipalities for all purposes but if a local roads board is not entirely located in the municipal area, the city only stands in place of the local roads board with respect to matters that are within the jurisdiction of the city.

(6)Section 5 of the Act is amended by adding the following subsection:

Local boards

(3.1)If a local roads board is not entirely located in the municipal area, clause (3) (b) only applies to assets and liabilities which primarily pertain to or are used primarily in connection with matters that are within the jurisdiction of the city.

(7)The Act is amended by adding the following sections:

Certain police powers

11.1 The city, and not the Greater Sudbury Police Services Board, may pass the by-laws that a police services board of a city may pass under sections 234 and 239 of the Municipal Act.

Highways

11.2 The city may establish, lay out, construct, maintain and improve highways in unorganized territory adjoining the municipal area.

Powers re parks, etc.

11.3 (1)The city may acquire land for public parks, zoological gardens, recreation areas, squares, avenues, boulevards and drives and may establish, lay out, improve and maintain them.

Same

(2)For the purposes described in subsection (1), the city has the powers of a board of park management under the Public Parks Act.

Land owned by conservation authorities

11.4 (1)This section applies to land that is vested in a conservation authority and that is managed and controlled by the city under an agreement between the city and the conservation authority.

Parks, etc.

(2)The city may establish, lay out, improve and maintain public parks, zoological gardens, recreation areas, squares, avenues, boulevards and drives on the land, and it may exercise any of the powers conferred on boards of park management by the Public Parks Act.

Roads and traffic

(3)The city may lay out, construct and maintain roads on the land, regulate traffic on the roads, subject to the Highway Traffic Act, and prescribe the rate of speed for motor vehicles driven on those roads, in accordance with subsection 128 (4) of the Highway Traffic Act.

Sale of liquor in parks

11.5 (1)The city may authorize a person to sell liquor, as defined in the Liquor Licence Act, in parks that belonged to The Regional Municipality of Sudbury on December 31, 2000 and may impose such conditions as the city considers appropriate.

Restriction

(2)The power of the city is subject to the Liquor Licence Act.

Waste management

11.6 (1)No person (including a municipality, a regional or district municipality or the County of Oxford, or a local board of any of them) shall provide services or facilities in the municipal area of the type authorized by the waste management powers that were assumed by The Regional Municipality of Sudbury under section 150 of the Regional Municipalities Act as of December 31, 2000 without the consent of the city, which may be granted upon such conditions, including the payment of compensation, as may be agreed upon.

Exception

(2)Despite subsection (1), the consent of the city is not required to provide services and facilities for the collection or removal of waste from non-residential properties and from residential properties containing more than five dwelling units.

Same

(3)Despite subsection (1), the consent of the city is not required if the service or facility is being lawfully provided on December 31, 2000, so long as that service or facility continues to be used for the same purpose.

Appeal

(4)If consent is refused under subsection (1) or the applicant and the city fail to agree on the conditions relating to the consent, the applicant may appeal to the Ontario Municipal Board.

Same

(5)The Ontario Municipal Board shall hear and determine the matter, and may impose such conditions as it considers appropriate.

Same

(6)The decision of the Ontario Municipal Board is final.

Confirmation by L.G. in C.

(7)Section 95 of the Ontario Municipal Board Act does not apply to a decision made under subsection (5).

Fluoridation of water

11.7 (1)On and after January 1, 2001, the city may continue to fluoridate the water supply of those areas of the city to which fluoridated water was being supplied on December 31, 2000.

Agreements

(2)The city may enter into agreements with an adjoining municipality (including a regional municipality) in respect of the supply and distribution of water in the municipal area including the establishment, construction, maintenance, operation, improvement and the extension of waterworks systems and the financing thereof.

Powers re homes

11.8 The city may enter into agreements with corporations that are approved corporations under the Homes for Retarded Persons Act for the construction, operation and maintenance of homes under that Act.

Agreement re collection of tax arrears

11.9 The city may enter into an agreement with the land tax collector appointed under the Provincial Land Tax Act respecting the collection by the city of arrears of land tax imposed under that Act in respect of property in the municipal area.

Other powers

11.10 The Lieutenant Governor in Council may, by regulation, authorize the city to do anything that is not specifically authorized by this Act that the Lieutenant Governor in Council considers necessary or advisable to carry out effectively the intent and purposes of this Act so long as the regulation does not conflict with this or any other Act.

(8)The Act is amended by adding the following sections:

Borrowing limit for 2001

16.1 For the purpose of subsection 187 (4) of the Municipal Act, the estimated revenue of the city for 2000 is the sum of the estimated revenues of the old municipalities as shown in the estimates adopted for 2000.

Surplus or operating deficit for 2001

16.2 For the purpose of subsection 367 (3) of the Municipal Act, the surplus for which allowance is to be made by the city for 2001 or the operating deficit to be provided for by the city for 2001, as the case may be, shall be determined by taking the total of the audited surpluses of the old municipalities as of December 31, 2000 and subtracting the total of the audited operating deficits of the old municipalities as of December 31, 2000.

Payment of damages to employees

16.3 (1)If the city recovers damages from a third person in respect of an injury to an employee, all or part of the damages may be paid to the employee or, if the employee dies, to one or more of his or her dependants.

Same

(2)Subsection (1) also applies in respect of members of the Greater Sudbury Police Force and persons deemed to be city employees for the purposes of the Workplace Safety and Insurance Act, 1997.

Conditions

(3)The city may impose conditions on the payment.

Application

(4)Subsection (1) applies whether the damages were recovered by a court proceeding or otherwise.

(9)The Act is amended by adding the following section:

Interpretation

32.1Nothing in sections 28 to 32 prevents a collective agreement between the city and a bargaining agent that is made after the city or the bargaining agent gave notice to bargain under the Public Sector Labour Relations Transition Act, 1997, the Labour Relations Act, 1995, the Fire Protection and Prevention Act, 1997 or the Police Services Act from providing for an increase in compensation in respect of all or part of the period beginning December 24, 1999 and ending on the day before the effective date of that collective agreement.

(10)Section 33 of the Act is amended by adding the following subsection:

Limitation

(3)Despite subsection (1), after December 31, 2000, the powers of persons continued in office are limited to the powers described in subsections 5 (5) and 8 (4).

(11)Clause 36 (1) (b) of the Act is repealed.

Town of Haldimand Act, 1999

2.(1)The Town of Haldimand Act, 1999 is amended by adding the following sections:

Certain police powers

13.1The town, and not a police services board of the town, may pass the by-laws that a police services board of a city may pass under sections 234 and 239 of the Municipal Act.

Powers re homes

13.2The town may enter into agreements with corporations that are approved corporations under the Homes for Retarded Persons Act for the construction, operation and maintenance of homes under that Act.

Powers re parks, etc.

13.3(1)The town may acquire land for public parks, zoological gardens, recreation areas, squares, avenues, boulevards and drives and may establish, lay out, improve and maintain them.

Same

(2)For the purposes described in subsection (1), the town has the powers of a board of park management under the Public Parks Act.

Land owned by conservation authorities

13.4(1)This section applies to land that is vested in a conservation authority and that is managed and controlled by the town under an agreement between the town and the conservation authority.

Parks, etc.

(2)The town may establish, lay out, improve and maintain public parks, zoological gardens, recreation areas, squares, avenues, boulevards and drives on the land, and it may exercise any of the powers conferred on boards of park management by the Public Parks Act.

Roads and traffic

(3)The town may lay out, construct and maintain roads on the land, regulate traffic on the roads, subject to the Highway Traffic Act, and prescribe the rate of speed for motor vehicles driven on those roads, in accordance with subsection 128 (4) of the Highway Traffic Act.

Sale of liquor in parks

13.5(1)The town may authorize a person to sell liquor, as defined in the Liquor Licence Act, in parks in the municipal area that belonged to The Regional Municipality of Haldimand-Norfolk on December 31, 2000 and may impose such conditions as it considers appropriate.

Restriction

(2)The power of the town is subject to the Liquor Licence Act.

Waste management

13.6(1)No person (including a municipality, a regional or district municipality or the County of Oxford, or a local board of any of them) shall provide services or facilities in the municipal area of the type authorized by the waste management powers that were assumed by The Regional Municipality of Haldimand-Norfolk under section 150 of the Regional Municipalities Act as of December 31, 2000 without the consent of the town, which may be granted upon such conditions, including the payment of compensation, as may be agreed upon.

Exception

(2)Despite subsection (1), the consent of the town is not required to provide services and facilities for the collection or removal of waste from non-residential properties and from residential properties containing more than five dwelling units.

Same

(3)Despite subsection (1), the consent of the town is not required if the service or facility is being lawfully provided on December 31, 2000, so long as that service or facility continues to be used for the same purpose.

Appeal

(4)If consent is refused under subsection (1) or the applicant and the town fail to agree on the conditions relating to the consent, the applicant may appeal to the Ontario Municipal Board.

Same

(5)The Ontario Municipal Board shall hear and determine the matter, and may impose such conditions as it considers appropriate.

Same

(6)The decision of the Ontario Municipal Board is final.

Confirmation by L.G. in C.

(7)Section 95 of the Ontario Municipal Board Act does not apply to a decision made under subsection (5).

Fluoridation of water

13.7(1)On and after January 1, 2001, the town may continue to fluoridate the water supply of those areas of the town to which fluoridated water was being supplied on December 31, 2000.

Agreements

(2)The town may enter into agreements with an adjoining municipality (including a regional municipality) in respect of the supply and distribution of water in the municipal area including the establishment, construction, maintenance, operation, improvement and the extension of waterworks systems and the financing thereof.

Other powers

13.8The Lieutenant Governor in Council may, by regulation, authorize the town to do anything that is not specifically authorized by this Act that the Lieutenant Governor in Council considers necessary or advisable to carry out effectively the intent and purposes of this Act so long as the regulation does not conflict with this or any other Act.

(2)The Act is amended by adding the following sections:

Borrowing limit for 2001

19.1For the purpose of subsection 187 (4) of the Municipal Act, the estimated revenue of the town for 2000 is the sum of,

(a)the estimated revenues of the old municipalities as shown in the estimates adopted for 2000; and

(b)the estimated revenues of each of the divided municipalities as shown in the estimates adopted for 2000, multiplied by the percentage that is prescribed for each municipality.

Surplus or operating deficit for 2001

19.2For the purpose of subsection 367 (3) of the Municipal Act, the surplus for which allowance is to be made by the town for 2001 or the operating deficit to be provided for by the town for 2001, as the case may be, shall be determined as follows:

1.Subtract the total of the audited operating deficits of the old municipalities as of December 31, 2000 from the total of the audited surpluses of the old municipalities as of December 31, 2000.

2.For each divided municipality, multiply the audited operating deficit or audited surplus, as the case may be, as of December 31, 2000 by the percentage prescribed for each municipality.

3.Add the results obtained for each divided municipality under paragraph 2 to get a total amount for all divided municipalities.

4.Add the total amounts obtained under paragraphs 1 and 3.

Payment of damages to employees

19.3(1)If the town recovers damages from a third person in respect of an injury to an employee, all or part of the damages may be paid to the employee or, if the employee dies, to one or more of his or her dependants.

Same

(2)Subsection (1) also applies in respect of members of a municipal police force and persons deemed to be town employees for the purposes of the Workplace Safety and Insurance Act, 1997.

Conditions

(3)The town may impose conditions on the payment.

Application

(4)Subsection (1) applies whether the damages were recovered by a court proceeding or otherwise.

(3)The Act is amended by adding the following section:

Interpretation

42.1Nothing in sections 37 to 42 prevents a collective agreement between the town and a bargaining agent that is made after the town or the bargaining agent gave notice to bargain under the Public Sector Labour Relations Transition Act, 1997, the Labour Relations Act, 1995, the Fire Protection and Prevention Act, 1997 or the Police Services Act from providing for an increase in compensation in respect of all or part of the period beginning December 24, 1999 and ending on the day before the effective date of that collective agreement.

(4)Section 43 of the Act is amended by adding the following subsection:

Limitation

(3)Despite subsection (1), after December 31, 2000 the powers of persons continued in office are limited to the powers described in subsections 5 (4), 6 (7) and 8 (4).

(5)Clause 46 (1) (c) of the Act is repealed.

City of Hamilton Act, 1999

3.(1)Section 1 of the City of Hamilton Act, 1999 is amended by adding the following definition: "

passenger transportation system" means a system that provides, for compensation, transportation for passengers or passengers and freight in vehicles operated underground, on the ground or above the ground, but not in taxicabs. ("rseau de transport de passagers")

(2)Section 3 of the Act is amended by striking out "13" and substituting "15".

(3)Subsection 4 (1) of the Act is amended by striking out "13" and substituting "15".

(4)The Act is amended by adding the following sections:

Certain police powers

11.1The city, and not the Hamilton Police Services Board, may pass the by-laws that a police services board of a city may pass under sections 234 and 239 of the Municipal Act.

Powers re homes

11.2The city may enter into agreements with corporations that are approved corporations under the Homes for Retarded Persons Act for the construction, operation and maintenance of homes under that Act.

Powers re parks, etc.

11.3(1)The city may acquire land for public parks, zoological gardens, recreation areas, squares, avenues, boulevards and drives and may establish, lay out, improve and maintain them.

Same

(2)For the purposes described in subsection (1), the city has the powers of a board of park management under the Public Parks Act.

Land owned by conservation authorities

11.4(1)This section applies to land that is vested in a conservation authority and that is managed and controlled by the city under an agreement between the city and the conservation authority.

Parks, etc.

Roads and traffic

Sale of liquor in parks

11.5(1)The city may authorize a person to sell liquor, as defined in the Liquor Licence Act, in parks that belonged to The Regional Municipality of Hamilton-Wentworth on December 31, 2000 and may impose such conditions as the city considers appropriate.

Restriction

(2)The power of the city is subject to the Liquor Licence Act.

Power to exempt shops

11.6(1)Upon the application of the occupier of a shop, the city may exempt the shop from any provision of a by-law passed under section 214 of the Municipal Act on the days and for the special occasions specified in the by-law.

Restriction

(2)The city cannot exempt a shop for more than two periods in any calendar year, and each such period cannot exceed two consecutive days.

Waste management

11.7(1)No person (including a municipality, a regional or district municipality or the County of Oxford, or a local board of any of them) shall provide services or facilities in the municipal area of the type authorized by the waste management powers that were assumed by The Regional Municipality of Hamilton-Wentworth under section 150 of the Regional Municipalities Act as of December 31, 2000 without the consent of the city, which may be granted upon such conditions, including the payment of compensation, as may be agreed upon.

Exception

Same

Appeal

(4)If consent is refused under subsection (1) or the applicant and the city fail to agree on the conditions relating to the consent, the applicant may appeal to the Ontario Municipal Board.

Same

(5)The Ontario Municipal Board shall hear and determine the matter, and may impose such conditions as it considers appropriate.

Same

(6)The decision of the Ontario Municipal Board is final.

Confirmation by L.G. in C.

(7)Section 95 of the Ontario Municipal Board Act does not apply to a decision made under subsection (5).

Fluoridation of water

11.8(1)On and after January 1, 2001, the city may continue to fluoridate the water supply of those areas of the city to which fluoridated water was being supplied on December 31, 2000.

Agreements

The Hamilton Street Railway Company, etc.

11.9(1)The city is authorized to hold shares in The Hamilton Street Railway Company and in Safety Service and Adjusters Limited and to exercise the rights associated with those shares.

Duty to manage

(2)The city shall manage the affairs of both corporations.

Other powers

11.10The Lieutenant Governor in Council may, by regulation, authorize the city to do anything that is not specifically authorized by this Act that the Lieutenant Governor in Council considers necessary or advisable to carry out effectively the intent and purposes of this Act so long as the regulation does not conflict with this or any other Act.

Passenger Transportation System

Operation of a passenger transportation system

11.11(1)Subject to the Public Vehicles Act, the city may establish, operate and maintain a passenger transportation system within the city, and between any point in the city and any point outside the city including any point outside Ontario.

Agreements

(2)For the purpose of subsection (1), the city may enter into agreements with any person (including a municipality, a regional or district municipality or the County of Oxford), including agreements in respect of connecting or reciprocal passenger transportation systems, and the use of facilities, personnel or equipment.

Fares

(3)The city may establish appropriate fares for the use of the passenger transportation system.

Restriction re operators

11.12(1)The city may, by by-law, provide that no person shall operate a passenger transportation system in the city, or in an area of the city designated in the by-law, unless the person is authorized to do so under this section or by the city.

Exceptions

(2)Subsection (1) does not apply with respect to the following types of passenger transportation systems:

1.Vehicles and marine vessels used for sightseeing tours.

2.Buses used to transport pupils, including buses owned and operated by, or operated under a contract with, a school board, a private school or a charitable organization.

3.Railways operated by railway companies incorporated under a federal or provincial Act.

4.Ferries.

5.Aviation systems.

6.A regional transit system as defined in section 1 of the Greater Toronto Services Board Act, 1998.

Authorization

(3)Subject to the Municipal Franchises Act, the city may authorize a person to operate a passenger transportation system in an area of the city designated in a by-law under subsection (1) and may impose conditions on the authorization.

Deemed by-law

(4)On January 1, 2001, the city shall be deemed to have passed a by-law under subsection (1) designating the Urban Transit Service Area established under section 42 of the Regional Municipality of Hamilton-Wentworth Act, as the Area existed on December 31, 2000, as an area in which no person shall operate a passenger transportation system unless the person is authorized to do so under this section or by the city.

Rights unaffected

(5)Nothing in this section prevents a person from operating a passenger transportation system that is used to convey personal property and passengers from a point within an area designated in a by-law under subsection (1) to a point outside the area or from a point outside the area to a point inside the area.

Same

(6)Nothing in this section affects any rights existing on January 1, 1977 of any licensed operator of passenger transportation.

(5)The Act is amended by adding the following sections:

Borrowing limit for 2001

16.1For the purpose of subsection 187 (4) of the Municipal Act, the estimated revenue of the city for 2000 is the sum of the estimated revenues of the old municipalities as shown in the estimates adopted for 2000.

Surplus or operating deficit for 2001

16.2For the purpose of subsection 367 (3) of the Municipal Act, the surplus for which allowance is to be made by the city for 2001 or the operating deficit to be provided for by the city for 2001, as the case may be, shall be determined by taking the total of the audited surpluses of the old municipalities as of December 31, 2000 and subtracting the total of the audited operating deficits of the old municipalities as of December 31, 2000.

Payment of damages to employees

16.3(1)If the city recovers damages from a third person in respect of an injury to an employee, all or part of the damages may be paid to the employee or, if the employee dies, to one or more of his or her dependants.

Same

(2)Subsection (1) also applies in respect of members of the Hamilton Police Force and persons deemed to be city employees for the purposes of the Workplace Safety and Insurance Act, 1997.

Conditions

(3)The city may impose conditions on the payment.

Application

(4)Subsection (1) applies whether the damages were recovered by a court proceeding or otherwise.

(6)The Act is amended by adding the following section:

Interpretation

(7)Section 33 of the Act is amended by adding the following subsection:

Limitation

(3)Despite subsection (1), after December 31, 2000 the powers of persons continued in office are limited to the powers described in subsections 5 (5) and 7 (4).

(8)Clause 36 (1) (b) of the Act is repealed.

Town of Norfolk Act, 1999

4.(1)The Town of Norfolk Act, 1999 is amended by adding the following sections:

Certain police powers

13.1The town, and not a police services board of the town, may pass the by-laws that a police services board of a city may pass under sections 234 and 239 of the Municipal Act.

Powers re homes

Powers re parks, etc.

13.3(1)The town may acquire land for public parks, zoological gardens, recreation areas, squares, avenues, boulevards and drives and may establish, lay out, improve and maintain them.

Same

(2)For the purposes described in subsection (1), the town has the powers of a board of park management under the Public Parks Act.

Land owned by conservation authorities

13.4(1)This section applies to land that is vested in a conservation authority and that is managed and controlled by the town under an agreement between the town and the conservation authority.

Parks, etc.

Roads and traffic

Sale of liquor in parks

Restriction

(2)The power of the town is subject to the Liquor Licence Act.

Waste management

Exception

Same

Appeal

(4)If consent is refused under subsection (1) or the applicant and the town fail to agree on the conditions relating to the consent, the applicant may appeal to the Ontario Municipal Board.

Same

(5)The Ontario Municipal Board shall hear and determine the matter, and may impose such conditions as it considers appropriate.

Same

(6)The decision of the Ontario Municipal Board is final.

Confirmation by L.G. in C.

(7)Section 95 of the Ontario Municipal Board Act does not apply to a decision made under subsection (5).

Fluoridation of water

13.7(1)On and after January 1, 2001, the town may continue to fluoridate the water supply of those areas of the town to which fluoridated water was being supplied on December 31, 2000.

Agreements

Other powers

(2)The Act is amended by adding the following sections:

Borrowing limit for 2001

19.1For the purpose of subsection 187 (4) of the Municipal Act, the estimated revenue of the town for 2000 is the sum of,

(a)the estimated revenues of the old municipalities as shown in the estimates adopted for 2000; and

(b)the estimated revenues of each of the divided municipalities as shown in the estimates adopted for 2000, multiplied by the percentage prescribed for each municipality.

Surplus or operating deficit for 2001

1.Subtract the total of the audited operating deficits of the old municipalities as of December 31, 2000 from the total of the audited surpluses of the old municipalities as of December 31, 2000.

2.For each divided municipality, multiply the audited operating deficit or audited surplus, as the case may be, as of December 31, 2000 by the percentage prescribed for each municipality.

3.Add the results obtained for each divided municipality under paragraph 2 to get a total amount for all divided municipalities.

4.Add the total amounts obtained under paragraphs 1 and 3.

Payment of damages to employees

Same

(2)Subsection (1) also applies in respect of members of a municipal police force and persons deemed to be town employees for the purposes of the Workplace Safety and Insurance Act, 1997.

Conditions

(3)The town may impose conditions on the payment.

Application

(4)Subsection (1) applies whether the damages were recovered by a court proceeding or otherwise.

(3)The Act is amended by adding the following section:

Interpretation

33.1Nothing in sections 29 to 33 prevents a collective agreement between the town and a bargaining agent that is made after the town or the bargaining agent gave notice to bargain under the Public Sector Labour Relations Transition Act, 1997, the Labour Relations Act, 1995, the Fire Protection and Prevention Act, 1997 or the Police Services Act from providing for an increase in compensation in respect of all or part of the period beginning December 24, 1999 and ending on the day before the effective date of that collective agreement.

(4)Section 34 of the Act is amended by adding the following subsection:

Limitation

(3)Despite subsection (1), after December 31, 2000 the powers of persons continued in office are limited to the powers described in subsections 5 (4), 6 (3) and 8 (3).

(5)Clause 37 (1) (c) of the Act is repealed.

City of Ottawa Act, 1999

5.(1)The French version of the City of Ottawa Act, 1999 is amended by striking out "cit d'Ottawa" and substituting "ville d'Ottawa" in the short title of the Act and in the definition of "cit" in section 1.

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

(3)Section 1 of the Act is amended by adding the following subsection:

Interpretation

(2)In this Act, expressions relating to sewage, sewer systems, land drainage and treatment works, including a capital improvement of any of them, have the same meaning as set out in section 73 of the Regional Municipalities Act.

(4)Subsection 2 (1) of the Act is amended by striking out "cit d'Ottawa" and substituting "ville d'Ottawa".

(5)Section 3 of the Act is amended by striking out "20" and substituting "21".

(6)Subsection 4 (1) of the Act is amended by striking out "20" and substituting "21".

(7)The Act is amended by adding the following sections:

Certain police powers

12.1The city, and not the Ottawa Police Services Board, may pass the by-laws that a police services board of a city may pass under sections 234 and 239 of the Municipal Act.

Powers re homes

12.2The city may enter into agreements with corporations that are approved corporations under the Homes for Retarded Persons Act for the construction, operation and maintenance of homes under that Act.

Powers re parks, etc.

12.3(1)The city may acquire land for public parks, forests, zoological gardens, recreation areas, squares, avenues, boulevards and drives and may establish, lay out, improve and maintain them.

Same

(2)For the purposes described in subsection (1), the city has the powers of a board of park management under the Public Parks Act.

Land owned by conservation authorities

12.4(1)This section applies to land that is vested in a conservation authority and that is managed and controlled by the city under an agreement between the city and the conservation authority.

Parks, etc.

(2)The city may establish, lay out, improve and maintain public parks, forests, zoological gardens, recreation areas, squares, avenues, boulevards and drives on the land, and it may exercise any of the powers conferred on boards of park management by the Public Parks Act.

Roads and traffic

Tax exemption

(4)Despite any other Act, the city may by by-law exempt the land from municipal taxation while the land is managed and controlled by the city and is used for park purposes.

Same

(5)The exemption from taxes shall be deemed to have the same effect as an exemption from taxes under section 3 of the Assessment Act.

Acquisition of land for commercial uses, etc.

12.5(1)The city may pass by-laws for acquiring and expropriating land and selling or leasing land for the purpose of sites for commercial and institutional uses and related uses.

Conditions

(2)Clauses (a) to (c) of paragraph 57 of section 210 of the Municipal Act apply with necessary modifications to the city exercising its powers under subsection (1).

Sale of liquor in parks

12.6(1)The city may authorize a person to sell liquor, as defined in the Liquor Licence Act, in parks that belonged to The Regional Municipality of Ottawa-Carleton on December 31, 2000 and may impose such conditions as the city considers appropriate.

Restriction

(2)The power of the city is subject to the Liquor Licence Act.

By-laws re street vending

12.7(1)The city may pass by-laws,

(a)designating all or any part of a highway under its jurisdiction, including the sidewalk portion, as a removal zone;

(b)designating all highways under its jurisdiction in any area as a removal zone;

(c)prohibiting the placing, stopping or parking in a removal zone of any object or vehicle used to sell or offer for sale goods or refreshments;

(d)designating spaces in removal zones in which, despite clause (c), goods or refreshments may be sold or offered for sale; and

(e)establishing a permit system granting the exclusive use of any designated space to the owner of an object or vehicle used to sell goods or refreshments.

Contents of by-law

(2)A by-law passed under subsection (1) may,

(a)prescribe the types of goods or refreshments that may be offered for sale or sold and the types of objects and vehicles permitted in the designated space which may be different for each designated space, and prohibit any type;

(b)establish design criteria for the object or vehicle permitted in the designated space;

(c)define "goods", "owner" and "refreshments"\; and

(d)exempt any type of vendor from all or part of the by-law.

Permits

(3)A by-law passed under subsection (1) may,

(a)prescribe conditions for the issuance and continued use of a permit;

(b)establish permit fees which may vary by location or type of goods sold;

(c)fix the term of the permit which may vary with each permit;

(d)provide for the issuance of identifying markers in connection with the permits and specifying the manner in which they are to be applied;

(e)prohibit or restrict the transfer of permits;

(f)establish the method of allocating designated spaces;

(g)require that the applicant for a permit hold, or be eligible to hold, a valid licence for selling the goods or refreshments proposed to be sold from the designated space; and

(h)regulate the hours of operation permitted under the permit, which may vary according to the location of the designated space.

Power to suspend, etc., street vending permit

12.8(1)The city council or a committee of council may suspend or revoke a permit issued under section 12.7 if the conditions for its issuance or use are not complied with or for any other reason which the by-law may specify.

Hearing

(2)Before suspending or revoking a permit, the council or committee shall give the permit holder an opportunity to be heard.

Refund

(3)If a permit is revoked under subsection (1), that part of the fee paid for the permit proportionate to the unexpired part of the term for which the permit was granted shall be refunded to the permit holder.

Special circumstances

(4)A municipal official named in the by-law may suspend, without holding a hearing, the designation of all or part of a removal zone, the designation of a space or the operation of a permit for such time and subject to such conditions as the by-law may permit due to,

(a)the holding of special events;

(b)the construction, maintenance or repair of any highway;

(c)the installation, maintenance or repair of public utilities and services; or

(d)matters relating to pedestrian, vehicular or public safety.

Duration

(5)A suspension under subsection (4) shall not exceed four weeks from the date of suspension.

Inspection, removal re street vending

12.9(1)Any peace officer authorized by by-law to enforce a by-law passed under section 12.7 or 12.8 who has reason to believe that any object or vehicle is placed, stopped or parked in a designated space or in a removal zone in contravention of the by-law,

(a)may, upon producing appropriate identification, require that a valid permit be produced for reasonable inspection; and

(b)if no valid permit is produced, may, after informing the person, if any, in charge of the object or vehicle that it is in a removal zone or designated space contrary to the by-law and upon giving a receipt for it to that person, cause the object or vehicle to be moved and stored in a suitable place.

Lien

(2)Subject to subsections (3) and (4), all costs and charges for the removal, care and storage of any object or vehicle under the by-law are a lien upon it which may be enforced by the city in the manner provided by the Repair and Storage Liens Act.

Unclaimed objects

(3)An object or vehicle removed and stored in accordance with subsection (1) and not claimed by the owner within 60 days is the property of the city and may be sold and the proceeds shall form part of the general funds of the city.

Perishable object

(4)Despite subsection (3), any perishable object is the property of the city upon being moved from the removal zone or designated space in accordance with subsection (1) and may be destroyed or given to a charitable institution.

Regulation of sewers, etc.

12.10(1)The city may pass by-laws for the maintenance and management of its sewers, sewer system, sewage works, treatment works and watercourses.

Scope of by-law

(2)The by-laws may regulate,

(a)the manner, extent and nature of the reception and disposal of sewage and land drainage from any person; and

(b)every other matter or thing related thereto that the city considers necessary and proper to secure for the inhabitants of the municipal area an adequate system of sewage and land drainage disposal.

Control of sewage

(3)The city may pass by-laws exercising its authority under paragraph 150 of section 210 of the Municipal Act in respect of any sewage which directly or indirectly enters into sewers or treatment works under the jurisdiction of the city.

Same

(4)The city may pass by-laws exercising its authority under subsections (1), (2) and (3) with respect to works owned or operated by or on behalf of any person, as if the works were city works.

By-laws re discharge

(5)The city may pass by-laws requiring a person,

(a)to install and maintain access openings, facilities, instruments or equipment suitable for the inspection and sampling of the discharge into any works owned or operated by or on behalf of the person; and

(b)to inspect and test the discharge in the manner and at the times required by the city and to provide to the city the results of the inspections and tests and such other information, which, in the opinion of the city, is necessary to properly monitor the discharge.

By-laws re treatment pond

12.11(1)The city may pass by-laws to regulate the operation and maintenance of a land drainage treatment pond owned or operated by or on behalf of any person.

Definition

(2)In this section, "

land drainage treatment pond" means a treatment work that has as its primary purpose the treatment of land drainage but does not include a treatment work the primary purpose of which is the collection and holding of land drainage.

Powers re works and watercourses

12.12(1)No person shall enlarge, extend or alter any work or watercourse in the city that discharges into a city work or watercourse unless the person has the approval of the city to do so.

Same

(2)The city may pass by-laws regulating the design, construction, operation and maintenance of works owned or operated by or on behalf of any person.

Waste management

12.13(1)No person (including a municipality, a regional or district municipality or the County of Oxford, or a local board of any of them) shall provide services or facilities in the municipal area of the type authorized by the waste management powers that were assumed by The Regional Municipality of Ottawa-Carleton under section 150 of the Regional Municipalities Act as of December 31, 2000 without the consent of the city, which may be granted upon such conditions, including the payment of compensation, as may be agreed upon.

Exception

Same

Appeal

(4)If consent is refused under subsection (1) or the applicant and the city fail to agree on the conditions relating to the consent, the applicant may appeal to the Ontario Municipal Board.

Same

(5)The Ontario Municipal Board shall hear and determine the matter, and may impose such conditions as it considers appropriate.

Same

(6)The decision of the Ontario Municipal Board is final.

Confirmation by L.G. in C.

(7)Section 95 of the Ontario Municipal Board Act does not apply to a decision made under subsection (5).

Waste disposal

12.14(1)No person (including a municipality, a regional or district municipality or the County of Oxford, or a local board of any of them) shall provide facilities for the receiving, dumping and disposing of waste in the municipal area without the consent of the city, which may be granted upon such conditions, including the payment of compensation, as may be agreed upon.

Appeal

(2)If consent is refused under subsection (1) or the applicant and the city fail to agree on the conditions relating to the consent, the applicant may appeal to the Ontario Municipal Board.

Same

(3)The Ontario Municipal Board shall hear and determine the matter, and may impose such conditions as it considers appropriate.

Same

(4)The decision of the Ontario Municipal Board is final.

Confirmation by L.G. in C.

(5)Section 95 of the Ontario Municipal Board Act does not apply to a decision made under subsection (3).

Fluoridation of water

12.15(1)On and after January 1, 2001, the city may continue to fluoridate the water supply of those areas of the city to which fluoridated water was being supplied on December 31, 2000.

Agreements

Other powers

12.16The Lieutenant Governor in Council may, by regulation, authorize the city to do anything that is not specifically authorized by this Act that the Lieutenant Governor in Council considers necessary or advisable to carry out effectively the intent and purposes of this Act so long as the regulation does not conflict with this or any other Act.

Passenger Transportation System

Operation of a passenger transportation system

12.17(1)Subject to the Public Vehicles Act, the city may establish, operate and maintain a passenger transportation system within the city, and between any point in the city and any point outside the city including any point outside Ontario.

Same

(2)Without limiting subsection (1), the city may exercise its powers under that subsection with respect to private roads and ways and other structures and works.

Agreements

(3)For the purpose of subsection (1), the city may enter into agreements with any person (including a municipality, a regional or district municipality or the County of Oxford or a passenger transportation operator in Quebec), including agreements in respect of connecting or reciprocal passenger transportation systems, and the use of facilities, personnel or equipment.

Fares

(4)The city may establish an appropriate fare structure for the use of the passenger transportation system and may provide for different levels of fares when a fare is paid on designated classes of transit vehicles.

Regulation of conduct

(5)The city may make by-laws,

(a)governing the conduct of persons on a vehicle or on any land or structure used for or in connection with a passenger transportation system; and

(b)requiring persons to prove, upon the request of a city employee, that they paid the required fare to use the passenger transportation system.

Enforcement

(6)An employee of the city may ask a person who is travelling on a vehicle of the passenger transportation system to leave the vehicle and may use reasonable force to remove the person from the vehicle if the employee has reason to believe that the person has not paid the required fare.

Use of private roads, etc.

(7)The city may prohibit vehicles, conveyances, persons and animals from using any private road or way established by the city primarily for the use of transit vehicles and it may regulate the use of any such private road or way by vehicles, conveyances, persons and animals.

Exemption from payments

(8)The city is not required to make payments under section 27 of the Assessment Act with respect to land owned by the city and used for the purposes of a passenger transportation system, including car yards or shops used in connection with the system.

Same

(9)Subsection (8) does not apply with respect to concessions operated, rented or leased in passenger transportation stations.

Restriction re operators

12.18(1)The city may, by by-law, provide that no person shall operate a passenger transportation system in the city, or in an area of the city designated in the by-law, unless the person is authorized to do so under this section or by the city.

Exceptions

(2)Subsection (1) does not apply with respect to the following types of passenger transportation systems:

1.Buses used to transport pupils, including buses owned and operated by, or operated under a contract with, a school board, a private school or a charitable organization.

2.Railways operated by railway companies incorporated under a federal or provincial Act.

3.Ferries.

4.Aviation systems.

Authorization

Deemed by-law

(4)On January 1, 2001, the city shall be deemed to have passed a by-law under subsection (1) designating the entire city as an area in which no person shall operate a passenger transportation system unless the person is authorized to do so under this section or by the city.

Rights unaffected

Same

(6)Nothing in this section affects any rights existing on January 1, 1972 of a person licensed under the Public Vehicles Act to operate a passenger transportation system.

(8)The Act is amended by adding the following sections:

Borrowing limit for 2001

17.1For the purpose of subsection 187 (4) of the Municipal Act, the estimated revenue of the city for 2000 is the sum of the estimated revenues of the old municipalities as shown in the estimates adopted for 2000.

Surplus or operating deficit for 2001

17.2For the purpose of subsection 367 (3) of the Municipal Act, the surplus for which allowance is to be made by the city for 2001 or the operating deficit to be provided for by the city for 2001, as the case may be, shall be determined by taking the total of the audited surpluses of the old municipalities as of December 31, 2000 and subtracting the total of the audited operating deficits of the old municipalities as of December 31, 2000.

Payment of damages to employees

17.3(1)If the city recovers damages from a third person in respect of an injury to an employee, all or part of the damages may be paid to the employee or, if the employee dies, to one or more of his or her dependants.

Same

(2)Subsection (1) also applies in respect of members of the Ottawa Police Force and persons deemed to be city employees for the purposes of the Workplace Safety and Insurance Act, 1997.

Conditions

(3)The city may impose conditions on the payment.

Application

(4)Subsection (1) applies whether the damages were recovered by a court proceeding or otherwise.

(9)The Act is amended by adding the following section:

Interpretation

33.1Nothing in sections 29 to 33 prevents a collective agreement between the city and a bargaining agent that is made after the city or the bargaining agent gave notice to bargain under the Public Sector Labour Relations Transition Act, 1997, the Labour Relations Act, 1995, the Fire Protection and Prevention Act, 1997 or the Police Services Act from providing for an increase in compensation in respect of all or part of the period beginning December 24, 1999 and ending on the day before the effective date of that collective agreement.

(10)Section 34 of the Act is amended by adding the following subsection:

Limitation

(3)Despite subsection (1), after December 31, 2000, the powers of persons continued in office are limited to the powers described in subsections 5 (5), 7 (4) and 9 (2).

(11)Clause 37 (1) (b) of the Act is repealed.

PART II

OTHER AMENDMENTS

Assessment Act

6.Section 15 of the Assessment Act, as re-enacted by the Statutes of Ontario, 1997, chapter 43, Schedule G, section 18, is amended by adding "and, for the purpose of section 18 of that Act, the Minister may establish different dates for different municipalities" at the end.

Building Code Act, 1992

7.Subsection 3 (7) of the Building Code Act, 1992 is amended by striking out "except The Regional Municipality of Sudbury and The Regional Municipality of Haldimand-Norfolk".

Conservation Authorities Act

8.Subsection 6 (4) of the Conservation Authorities Act is repealed.

Consolidated Hearings Act

9.The Schedule to the Consolidated Hearings Act, as amended by the Statutes of Ontario, 1994, chapter 23, section 63 and 1997, chapter 26, Schedule, is further amended by striking out "Regional Municipality of Ottawa-Carleton Act, subsection 53 (9)".

County of Oxford Act

10.Subsection 29 (2) of the County of Oxford Act is repealed and the following substituted:

Adding or removing roads

(2)The County Council may by by-law add roads to or remove roads from the county road system, including such boundary line roads or portions thereof between the County and an adjoining county or regional municipality or the Town of Norfolk as may be agreed upon between the County Council and the council of the adjoining county or regional municipality or of the Town.

Education Act

11.(1)Clause 17 (1) (c) of the Education Act, as amended by the Statutes of Ontario, 1997, chapter 31, section 9, is repealed and the following substituted:

(c)reference to a county or a board in the terms and conditions of the gift or bequest is no longer appropriate because the county or board no longer exists; or

. . . . .

(2)Clause 190 (10) (b) of the Act, as re-enacted by the Statutes of Ontario, 1997, chapter 31, section 96, is repealed and the following substituted:

(b)in a municipality that is not in a territorial district is 48 kilometres or more.

French Language Services Act

12.The French version of the Schedule to the French Language Services Act, as amended by Ontario Regulation 407/94 and the Statutes of Ontario, 1997, chapter 26, Schedule, and 1999, chapter 14, Schedule F, section 4, is further amended by striking out "Cit d'Ottawa" and substituting "Ville d'Ottawa" and by striking out "Cit du Grand Sudbury" and substituting "Ville du Grand Sudbury".

Greater Toronto Services Board Act, 1998

13.(1)The definition of "member municipality" in subsection 1 (1) of the Greater Toronto Services Board Act, 1998 is amended by striking out "other than a lower-tier municipality that forms part of The Regional Municipality of Hamilton-Wentworth".

(2)The definition of "participating municipality" in subsection 1 (1) of the Act is amended by striking out "The Regional Municipality of Hamilton-Wentworth" and substituting "the City of Hamilton".

(3)The definition of "regional transit area" in subsection 1 (1) of the Act is amended by striking out "The Regional Municipality of Hamilton-Wentworth" and substituting "the City of Hamilton".

(4)Clause 4 (a) of the Act is amended by striking out "other than The Regional Municipality of Hamilton-Wentworth".

(5)Clause 4 (d) of the Act is repealed and the following substituted:

(d)the mayor of the City of Hamilton; and

. . . . .

(6)Section 5 of the Act is amended by striking out "The chair of the council of The Regional Municipality of Hamilton-Wentworth" and substituting "The mayor of the City of Hamilton".

(7)Subsection 6 (3) of the Act is repealed and the following substituted:

Representation principles

(3)The representation principles referred to in subsection (2) are the following:

1.For each participating municipality that is a regional municipality, the total votes of the members of the Board representing the regional municipality and the members of the Board representing the lower-tier municipalities of the regional municipality must, as near as is practical, be in the same proportion to the total votes of all the members of the Board, other than the mayor of the City of Hamilton, as the population of the regional municipality is to the total population of the participating municipalities.

2.The total votes of the members of the Board representing the City of Toronto must, as near as is practical, be in the same proportion to the total votes of all the members of the Board, other than the mayor of the City of Hamilton, as the population of the City of Toronto is to the total population of the participating municipalities, other than the City of Hamilton.

3.Each member municipality must be represented by at least one member of the Board.

4.Each member of the Board must have at least one vote.

5.There must be at least one member of the Board representing the City of Hamilton.

6.The total votes of the members representing the City of Hamilton must be four or such greater number as is necessary to ensure that the total votes of such members is not less that half of the total votes of the members of the Board representing one of the regional municipalities and its lower-tier municipalities.

(8)Subsection 14 (1) of the Act is amended by striking out "The Regional Municipality of Hamilton-Wentworth" and substituting "the City of Hamilton".

(9)Clause 42 (1) (c) of the Act is repealed and the following substituted:

(c)the mayor of the City of Hamilton; and

. . . . .

(10)Clauses 42 (2) (a) and (b) of the Act are repealed and the following substituted:

(a)the mayors of the City of Toronto and the City of Hamilton;

(b)the chairs of the councils of the regional municipalities of Durham, Halton, Peel and York; and

. . . . .

(11)Paragraph 1 of subsection 42 (4) of the Act is repealed and the following substituted:

1.A substitute for the mayor of the City of Toronto or the City of Hamilton must be a member of the council of the respective city.

(12)Paragraph 2 of subsection 42 (4) of the Act is amended by striking out "other than The Regional Municipality of Hamilton-Wentworth".

(13)Paragraph 3 of subsection 42 (4) of the Act is repealed.

(14)Section 44 of the Act is repealed and the following substituted:

Mayor of Hamilton continuing on GT Transit

44.The mayor of the City of Hamilton shall remain a member of GT Transit after ceasing to be the mayor of the city until the new mayor begins to hold that office.

(15)Paragraph 2 of subsection 45 (8) of the Act is repealed and the following substituted:

2.If the chair is the mayor of the City of Hamilton, the council of the city shall, by by-law, appoint a member of the council as a member of GT Transit.

(16)Subsection 48 (2) of the Act is repealed and the following substituted:

Same, mayor of Hamilton

(2)The council of the City of Hamilton may pass by-laws for paying remuneration to the mayor of the city for the discharge of his or her duties under this Act as a member of GT Transit.

(17)The Table to the Act is amended by striking out "Hamilton-Wentworth, Regional Municipality of" at the end of the first column and substituting "Hamilton, City of".

Health Protection and promotion Act

14.(1)Clause (c) of the definition of "board of health" in subsection 1 (1) of the Health Protection and Promotion Act, as amended by the Statutes of Ontario, 1997, chapter 30, Schedule D, section 1, is repealed and the following substituted:

(c)a regional corporation or a city that, under the Act establishing or continuing the regional corporation or city, has the powers, rights and duties of a local board of health or of a board of health, and

. . . . .

(2)Clause 49 (9) (c) of the Act is repealed and the following substituted:

(3)Section 55 of the Act is repealed and the following substituted:

Non-application

55.Sections 52 to 54 and 56 to 59 do not apply to a regional corporation or a city that, under the Act establishing or continuing the regional corporation or city, has the powers, rights and duties of a local board of health or of a board of health.

(4)Subclause 96 (5) (d) (vii) of the Act is repealed and the following substituted:

(vii)a regional corporation or a city that, under the Act establishing or continuing the regional corporation or city, has the powers, rights and duties of a local board of health or of a board of health.

Municipal Act

15.(1)Subsection 1 (2) of the Municipal Act is amended by striking out "or The Regional Municipality of Sudbury" at the end and substituting "and is not the City of Greater Sudbury".

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

Special Acts

6.(1)In this section, "

municipality" includes a regional and district municipality and the County of Oxford; ("municipalit") "

special Act" means an Act relating to a particular municipality. ("loi spciale")

Relationship between this Act and special Acts

(2)Except where otherwise expressly or by necessary implication provided,

(a)this Act does not limit or restrict the powers of a municipality under a special Act; and

(b)a special Act does not limit or restrict the powers of a municipality under this Act.

Override

(3)Despite subsection (2) and the sections set out in subsection (4), a municipality may exercise its powers under any of the following provisions to override a special Act even if the special Act is more specific and is enacted more recently than the provision:

1.Sections 13 to 13.2 (wards).

2.Sections 26, 27 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 prevails over the special Act.

Provisions

(4)The sections referred to in subsection (3) are section 124 of the County of Oxford Act, section 123 of the District of Muskoka Act, section 27 of the City of Toronto Act, 1997 (No. 1), section 120 of the City of Toronto Act, 1997 (No. 2), section 47 of the Town of Haldimand Act, 1999, section 37 of the City of Hamilton Act, 1999, section 38 of the Town of Norfolk Act, 1999, section 38 of the City of Ottawa Act, 1999, section 37 of the City of Greater Sudbury Act, 1999 and section 145 of the Regional Municipalities Act.

Exclusion

(5)Subsection (3) does not apply if the special Act expressly or by necessary implication precludes the exercise of the power by provisions other than those set out in subsection (4).

(3)Section 13.3 of the Act, as enacted by the Statutes of Ontario, 1996, chapter 32, section 3, is repealed.

(4)The definition of "locality" in subsection 25.2 (1) 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 repealed and the following substituted: "

locality" means a geographic area, whether or not the area or any part of the area is situated in a municipality, but does not include area in a regional or district municipality, the City of Toronto, the City of Greater Sudbury, the City of Hamilton, the City of Ottawa, the Town of Haldimand, the Town of Norfolk or the County of Oxford. ("localit")

(5)The definition of "municipality" in subsection 25.2 (1) 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 repealed and the following substituted: "

municipality" means a county or a local municipality but does not include the City of Toronto, the City of Greater Sudbury, the City of Hamilton, the City of Ottawa, the Town of Haldimand, the Town of Norfolk or a local municipality that forms part of a regional or district municipality or the County of Oxford. ("municipalit")

(6)Subsection 25.3 (1) of the Act, as re-enacted by Statutes of Ontario, 1999, chapter 14, Schedule F, section 5 is repealed and the following substituted:

Commission

(1)At the request of one 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 or lesser area as the Minister may prescribe:

1.A municipality in a locality.

2.At least 75 residents of the unorganized territory in the locality.

(7)Subsections 25.3 (1.1) and (1.2) of the Act, as enacted by the Statutes of Ontario, 1999, chapter 14, Schedule F, section 5, are repealed.

(8)Subsection 117 (3) of the Act is repealed and the following substituted:

Maximum pension benefit

(3)Despite any general or special Act, a municipality or local board shall not make a contribution for the provision of a pension with respect to an employee under an approved pension plan or under the Ontario Municipal Employees Retirement System Act that is in excess of an annual amount of 2 per cent of the employee's average annual earnings during the 60 consecutive months during which his or her earnings as an employee were highest multiplied by the number of years of his or her service up to 35 years and reduced in any year in which he or she is entitled to a pension under the Canada Pension Plan,

(a)for the period from January 1, 1998 to December 31, 1998, by 0.7 per cent of the lesser of such average annual earnings or the average of the year's maximum pensionable earnings for the year in which he or she ceases to be employed by the municipality or local board and for each of the three preceding years multiplied by the number of years of his or her service after January 1, 1966 up to 35 years; and

(b)on and after January 1, 1999, by 0.675 per cent of the lesser of such average annual earnings or the average of the year's maximum pensionable earnings for the year in which he or she ceases to be employed by the municipality or local board and for each of the four preceding years multiplied by the number of years of his or her service after January 1, 1966 up to 35 years.

(9)Subsection 206.1 (3) of the Act, as enacted by the Statutes of Ontario, 1998, chapter 4, section 3, is amended by adding "or by an agreement under subsection (4) or (8)" after "Part X agreement" in the portion preceding clause (a) and by adding "or (8)" at the end of clause (b).

(10)Section 206.1 of the Act, as enacted by the Statutes of Ontario, 1998, chapter 4, section 3, is amended by adding the following subsections:

Intermunicipal agreements

(7)Municipalities may enter into and perform intermunicipal agreements to implement a Part X agreement.

Further agreements

(8)A municipality that has entered into a Part X agreement may enter into an agreement with one or more municipalities for the performance by the other municipality or municipalities of any of the functions given to the first municipality by the Part X agreement and the municipalities have the power to enter into and perform the agreement.

Consent

(9)An agreement entered into under subsection (8) requires the Attorney General's written consent.

Extra-territorial effect

(10)The power to perform an agreement under subsection (8) may be exercised in an area outside the municipality's territorial limits.

(11)The Act is amended by adding the following section:

Separated municipalities

363.1(1)In this section, "

separated area" means all or part of a separated municipality which becomes part of an upper-tier municipality for municipal purposes; ("secteur spar") "

separated municipality" means a local municipality which is situated within a geographic county but does not form part of the county for municipal purposes. ("municipalit spare")

Regulations

(2)If, as a result of an order under section 25.2 or 25.3, all or part of a separated municipality becomes part of an upper-tier municipality for municipal purposes on or after January 1, 2001, the Minister may make regulations establishing, or delegating to a municipality, the authority to establish tax ratios for the separated area that may be different from the tax ratios established by the upper-tier municipality for the rest of the upper-tier municipality.

Content

(3)A regulation under subsection (2) may impose conditions on the delegation to the municipality of the authority to establish tax ratios for separated areas which may include,

(a)the length of time the authority is delegated;

(b)the dates by which the tax ratios must be set;

(c)requiring the tax ratios differences between the separated area and the rest of the upper-tier municipality to be eliminated in a specified manner over a specified period;

(d)the purposes for which the tax ratios for the separated area shall be used;

(e)apportioning or determining the method of apportioning the general upper-tier levy and any special upper-tier levy that will be raised in the separated area between the separated area and the rest of the upper tier municipality;

(f)varying the manner in which any tax-related authority of the upper-tier municipality under this Act and subsection 2 (3.1) of the Assessment Act applies in the separated area.

Scope

(4)A regulation under this section may be general or particular in its application and may be retroactive to a date not earlier than January 1 of the year in which the regulation was made.

Niagara Escarpment Planning and Development Act

16.(1)Paragraph 2 of subsection 5 (2) of the Niagara Escarpment Planning and Development Act is repealed and the following substituted:

2.The eight remaining members shall be appointed from a list containing the names of at least three persons submitted by the council of the City of Hamilton and the council of each county and regional municipality whose jurisdiction includes any part of the Niagara Escarpment Planning Area and one member shall be appointed from each list.

(2)Subsection 21 (1) of the Act is amended by adding "or the council of a city outside of a county or regional municipality" at the end.

(3)Subsection 21 (2) of the Act is amended by striking out "of the regional municipality or county" and substituting "of the municipality".

Northern Services Boards Act

17.The definition of "municipality" in section 34 of the Northern Services Boards Act, as enacted by the Statutes of Ontario, 1998, chapter 16, section 10, is amended by striking out "and includes The Regional Municipality of Sudbury".

Ottawa Congress Centre Act

18.(1)Clause 2 (3) (b) of the Ottawa Congress Centre Act is repealed and the following substituted:

(b)not more than three shall be appointed by resolution of the council of the City of Ottawa.

(2)Subsection 6 (1) of the Act is amended by striking out "The Regional Municipality of Ottawa-Carleton" and substituting "the City of Ottawa".

(3)Clause 6 (2) (f) of the Act is repealed and the following substituted:

(f)to enter into agreements with the City of Ottawa for the use by the Centre of services, equipment and facilities of the City of Ottawa; and

. . . . .

(4)Subsection 7 (1) of the Act is repealed and the following substituted:

Head office

(1)The head office of the Centre shall be in the City of Ottawa.

(5)Subsection 10 (2) of the Act is repealed.

Pay Equity Act

19.The definition of "geographic division" in subsection 1 (1) of the Pay Equity Act, as amended by the Statutes of Ontario, 1997, chapter 26, Schedule, is repealed and the following substituted: "

geographic division" means,

(a)a county, territorial district or regional municipality described in the Territorial Division Act,

(b)the City of Toronto,

(c)the City of Hamilton,

(d)the City of Ottawa,

(e)the Town of Haldimand,

(f)the Town of Norfolk, and

(g)the combination of the Territorial District of Sudbury and the City of Greater Sudbury. ("zone gographique")

Planning Act

20.Subsection 17 (2) of the Planning Act, as re-enacted by the Statutes of Ontario, 1996, chapter 4, section 9, is amended by striking out "The Regional Municipality of Haldimand-Norfolk", "The Regional Municipality of Hamilton-Wentworth", and "The Regional Municipality of Ottawa-Carleton".

Regional Municipalities Act

21.(1)The definitions of "Regional Act" and "regional municipality" in section 1 of the Regional Municipalities Act are repealed and the following substituted: "

Regional Act" means an Act establishing or continuing one of the regional municipalities of Durham, Halton, Niagara, Peel, Waterloo or York; ("loi rgionale") "

regional municipality" means the corporation of The Regional Municipality of Durham, The Regional Municipality of Halton, The Regional Municipality of Niagara, The Regional Municipality of Peel, The Regional Municipality of Waterloo or The Regional Municipality of York. ("municipalit rgionale")

(2)Subsection 4 (4) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 1, section 10, is repealed.

(3)Subsection 6 (4) of the Act, as re-enacted by the Statutes of Ontario, 1997, chapter 14, section 1, is repealed and the following substituted:

Non-application

(4)This section does not apply to the regional municipalities of Halton and Waterloo and subsection (2) does not apply to The Regional Municipality of Niagara.

(4)Subsection 7 (7) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 1, section 11, is repealed and the following substituted:

Non-application

(7)Subsection (4) does not apply to The Regional Municipality of Waterloo.

(5)Subsection 9 (11) of the Act, as re-enacted by the Statutes of Ontario, 1997, chapter 14, section 1, is repealed and the following substituted:

Non-application

(11)Subsections (1), (2) and (3) do not apply to the regional municipalities of Halton and Waterloo and subsections (6), (7), (8) and (9) do not apply to The Regional Municipality of Niagara and subsection (9) does not apply to The Regional Municipality of Waterloo.

(6)Subsection 12 (3) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 1, section 13, is repealed.

(7)Subsection 21 (5) of the Act is amended by striking out "Ottawa-Carleton".

(8)Subsection 23 (12) of the Act is repealed and the following substituted:

Exception

(12)Subsection (7) does not apply to the regional municipalities of Niagara and York.

(9)Subsection 29 (7) of the Act is repealed and the following substituted:

Application

(7)Subsections (3) and (4) apply only to The Regional Municipality of Niagara.

(10)Subsections 34 (11) and (12) of the Act are repealed.

(11)Subsection 34 (13) of the Act is repealed and the following substituted:

Application

(13)Subsections (2), (3), (4) and (5) apply only to the regional municipalities of Halton and York.

(12)Subsection 35 (6) of the Act is repealed and the following substituted:

Application

(6)Subsections (2) and (3) apply only to The Regional Municipality of Waterloo.

(13)Subsection 35 (8) of the Act is repealed and the following substituted:

Same

(8)Subsection (5) applies only to The Regional Municipality of Niagara.

(14)Subsection 39 (3) of the Act is repealed.

(15)Subsection 40 (13) of the Act is repealed and the following substituted:

Application

(13)Subsections (8) and (9) apply only to The Regional Municipality of York and subsections (6) and (7) do not apply to that regional municipality.

(16)Subsection 44 (5) of the Act is repealed and the following substituted:

Application

(5)Subsection (3) applies only to The Regional Municipality of Halton.

(17)Subsections 46 (18), (19) and (20) of the Act are repealed and the following substituted:

Exception

(18)Subsections (1) to (4) and (7) to (17) do not apply to the regional municipalities of Niagara, Waterloo and York.

(18)Subsection 72 (1) of the Act is repealed and the following substituted:

Application

(1)This section applies only to the regional municipalities of Durham, Halton and Peel.

(19)Subsection 74 (3) of the Act is repealed.

(20)Section 74.1 of the Act, as enacted by the Statutes of Ontario, 1994, chapter 1, section 14, is repealed.

(21)Subsections 76 (3), (4) and (5) of the Act are repealed and the following substituted:

Works assumed

(3)The works assumed are those designated and described in a by-law mentioned in subsection (1) or (2).

(22)Subsection 76 (10) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 1, section 15, is repealed.

(23)Subsections 76 (11) and (12) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 1, section 15, are repealed.

(24)Sections 79.1 and 79.2 of the Act, as enacted by the Statutes of Ontario, 1994, chapter 1, section 16, are repealed.

(25)Subsection 80 (5) of the Act is repealed and the following substituted:

Exception

(5)This section does not apply to The Regional Municipality of York.

(26)Subsection 82 (5) of the Act is repealed and the following substituted:

Application

(5)This section applies only to The Regional Municipality of York.

(27)Section 84.1 of the Act, as enacted by the Statutes of Ontario, 1994, chapter 1, section 17, is repealed.

(28)Subsection 86 (3) of the Act, as re-enacted by the Statutes of Ontario, 1991, chapter 15, section 29 and amended by 1994, chapter 1, section 18, is repealed.

(29)Section 86.1 of the Act, as enacted by the Statutes of Ontario, 1994, chapter 1, section 19, is repealed.

(30)Subsection 88 (3) of the Act is repealed and the following substituted:

Non-application

(3)This section does not apply to The Regional Municipality of York.

(31)Section 95 of the Act is amended by striking out "Ottawa-Carleton".

(32)Section 97 of the Act, as amended by the Statutes of Ontario, 1997, chapter 6, section 4, 1997, chapter 24, section 227 and 1999, chapter 12, Schedule M, section 31, is repealed.

(33)Section 98 of the Act, as amended by the Statutes of Ontario, 1994, chapter 23, section 89 and 1997, chapter 24, section 227, is repealed.

(34)Section 99 of the Act is repealed.

(35)Section 100 of the Act, as amended by the Statutes of Ontario, 1994, chapter 23, section 90 and 1997, chapter 24, section 227, is repealed.

(36)Subsection 108 (3) of the Act is repealed.

(37)Subsection 136 (2) of the Act, as amended by the Statutes of Ontario, 1996, chapter 1, Schedule M, section 35 and 1996, chapter 32, section 85, is repealed and the following substituted:

Exception

(2)Despite subsection (1),

(a)subparagraph 69 iii of section 210 does not apply to the regional municipalities of Waterloo and York;

(b)paragraph 52 of section 207 applies to The Regional Municipality of York;

(c)section 257 applies to The Regional Municipality of Niagara; and

(d)for the purpose of exercising powers to pass by-laws licensing businesses under any Act, Part XVII.1 of the Municipal Act applies to the regional municipalities of Niagara, Waterloo and York and the Minister may make regulations under section 257.5 of that Act in relation to those powers.

(38)Subsection 136 (4) of the Act is amended by striking out "Ottawa-Carleton".

(39)Subsections 148 (4) and (5) of the Act are repealed.

Regional Municipality of Halton Act

22.Subsections 7 (2) and (3) of the Regional Municipality of Halton Act are repealed and the following substituted:

One vote

(2)Each member of the Regional Council has one vote.

Regional Municipality of Waterloo Act

23.(1)Section 3 of the Regional Municipality of Waterloo Act, as re-enacted by the Statutes of Ontario, 1997, chapter 11, section 1, is repealed and the following substituted:

Composition of councils

3.(1)The council of each area municipality shall be composed of a head of council, who shall be elected by a general vote of the electors of the area municipality and the following number of other members of council:

1.The City of Cambridge - six members elected by wards, with one member being elected from each ward.

2.The City of Kitchener - six members elected by wards, with one member being elected from each ward.

3.The City of Waterloo - five members elected by wards, with one member being elected from each ward.

4.The Township of North Dumfries - four members elected by wards, with one member being elected from each ward.

5.The Township of Wilmot - four members elected by wards, with one member being elected from each ward.

6.The Township of Wellesley - four members elected by wards, with one member being elected from each ward.

7.The Township of Woolwich - four members elected by wards, with two members being elected from one ward and one member being elected from each of the two remaining wards.

No board of control

(2)No area municipality shall have a board of control.

Woolwich

(3)For the purposes of paragraph 7 of subsection (1), the ward having two members is the same ward which, in the 1997 regular election, had three members.

(2)Sections 5 and 6 of the Act, as re-enacted by the Statutes of Ontario, 1997, chapter 11, sections 2 and 3, respectively, are repealed and the following substituted:

Composition of Regional Council

5.(1)The Regional Council shall be composed of,

(a)a chair who shall be elected by general vote of all of the electors of all of the area municipalities;

(b)the head of council of each area municipality;

(c)two members elected by general vote of the electors of the City of Cambridge;

(d)four members elected by general vote of the electors of the City of Kitchener; and

(e)two members elected by general vote of the electors of the City of Waterloo.

Application

(2)Section 107 of the Municipal Act applies with necessary modifications to the Regional Council.

Elections

6.(1)Except as otherwise provided in this Part, the elections to the office of chair and of regional councillor (other than the head of council of an area municipality) shall be conducted in accordance with the Municipal Elections Act, 1996 to be held concurrently with the regular election in the area municipalities.

Qualifications

(2)A person is qualified to hold office as chair or as regional councillor 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 or regional councillor, as the case may be.

Application

(3)Section 40 of the Municipal Act applies with necessary modifications to the Regional Council.

(3)Sections 6.1 and 6.2 of the Act, as enacted by the Statutes of Ontario, 1997, chapter 11, section 3, are repealed and the following substituted:

Election of chair

6.1(1)For the purposes of electing the chair of the Regional Council,

(a)the clerk of the Regional Corporation is the returning officer;

(b)nominations shall be filed with the clerk of the Regional Corporation, who shall send the names of the candidates to the clerk of each area municipality by registered mail within 48 hours after the closing of nominations;

(c)despite clause (a), the clerk of each area municipality is the returning officer for the vote to be recorded in the area municipality and 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.

Election of regional councillor

(2)For the purpose of electing a regional councillor in an area municipality (other than the head of council of an area municipality),

(a)the clerk of the Regional Corporation is the returning officer;

(b)nominations shall be filed with the clerk of the Regional Corporation, who shall send the names of the candidates to the clerk of the area municipality by registered mail within 48 hours after the closing of nominations;

Oath, declaration

(3)Every member of the Regional Council, before taking his or her seat, shall take an oath of allegiance in Form 1 of the Municipal Act and make a declaration of office in Form 3 of the Municipal Act using either the English or the French version of those forms and, in the case of the heads of council of the area municipalities, in those forms as modified appropriately.

Regulations

(4)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 2000 regular elections under the Municipal Elections Act, 1996 in the Regional Area.

Conflicts

(5)In the event of a conflict between a regulation made under subsection (4) and this Act or the Municipal Elections Act, 1996, the regulation prevails.

Quorum

6.2(1)A majority of the members constituting the Regional Council is necessary to form a quorum and the concurring votes of a majority of the members present at any meeting are necessary to carry any resolution or other measure.

One vote

(2)Each member of the Regional Council has one vote.

Different quorum

(3)Despite subsection (1), the Regional Council may, by by-law, adopt a different quorum provision that requires the attendance of more than a majority of its members.

Order of Minister

6.3(1)Despite this or any other Act, the Minister shall, by order, establish six wards in the City of Kitchener and four wards in the Township of Wilmot.

Effective date

(2)An order of the Minister under subsection (1) shall come into force on December 1, 2000 and on that date the wards existing in the City of Kitchener and the Township of Wilmot as of November 30, 2000 are dissolved.

Vacancies

6.4(1)If a vacancy occurs on or before March 31 in the year of a regular election under the Municipal Elections Act, 1996 in the office of a member who is the chair or a regional councillor (other than a head of council of an area municipality),

(a)the Regional Council shall appoint a person to fill the vacancy, and sections 45, 46 and 47 of the Municipal Act apply with necessary modifications to the filling of the vacancy as though those offices were the offices of mayor and councillor, respectively; or

(b)the clerks of the Regional Corporation and the affected area municipalities shall hold an election to fill the vacancy and sections 46 and 47 of the Municipal Act apply with necessary modifications to the filling of the vacancy.

By-law

(2)The Regional Council shall by by-law determine whether clause (1) (a) or (b) is to apply.

Election year

(3)If a vacancy occurs after March 31 in the year of a regular election under the Municipal Elections Act, 1996 in the office of a member who is the chair or a regional councillor (other than a head of council of an area municipality), the Regional Council shall fill the vacancy in accordance with clause (1) (a).

Expenses

(4)The Regional Corporation shall pay all reasonable expenses incurred by area municipalities with respect to the election under clause (1) (b).

Deemed resignation

(5)If a head of the council of an area municipality becomes chair of the Regional Council, he or she shall be deemed to have resigned as a member of the council and the person's seat on the council thereby becomes vacant.

Status quo maintained

(4)The enactment or re-enactment of sections 3, 5, 6, 6.1, 6.2 and 6.3 of the Regional Municipality of Waterloo Act under this section does not affect the ward boundaries of area municipalities in The Regional Municipality of Waterloo, except in the City of Kitchener and the Township of Wilmot.

Science North Act

24.Subsection 8 (2) of the Science North Act is repealed and the following substituted:

Deemed exemption

(2)The exemption of real property from taxation granted under subsection (1) is deemed to be an exemption under section 3 of the Assessment Act.

Territorial Division Act

25.(1)Section 1 of the Territorial Division Act is amended by striking out "metropolitan" and substituting "urban, municipal".

(2)Paragraph 12 of the Schedule to the Act is repealed and the following substituted:

12.The Town of Haldimand consists of the municipal area as defined in the Town of Haldimand Act, 1999.

(3)Paragraph 15 of the Schedule to the Act is repealed and the following substituted:

15.The City of Hamilton consists of the municipal area as defined in the City of Hamilton Act, 1999.

(4)The Schedule to the Act is amended by adding the following paragraph:

24.1The Town of Norfolk consists of the municipal area as defined in the Town of Norfolk Act, 1999.

(5)Paragraph 26 of the Schedule to the Act is repealed and the following substituted:

26.The City of Ottawa consists of the municipal area as defined in the City of Ottawa Act, 1999.

(6)Clause (b) of paragraph 43 of the Schedule to the Act is amended by adding "Moosonee" after "Kapuskasing".

(7)Clause (d) of paragraph 43 of the Schedule to the Act is amended by striking out "Caron", by striking out "Horden" and by striking out "Moose".

(8)Clause (a) of paragraph 50 of the Schedule to the Act is repealed and the following substituted:

(a)the City of Greater Sudbury composed of the municipal area as defined in the City of Greater Sudbury Act, 1999.

The Lake of the Woods District Hospital Act, 1968

26.Subsection 3 (1) of The Lake of the Woods District Hospital Act, 1968, as re-enacted by the Statutes of Ontario, 1990, chapter Pr5, section 2, is repealed and the following substituted:

Composition

(1)Of the 11 directors to be elected, 10 shall be elected by general vote in the City of Kenora and one shall be elected by general vote in the Township of Sioux Narrows.

PART III

Amendments to the Municipal Elections Act, 1996

27.(1)Subsection 8 (1) of the Municipal Elections Act, 1996 is amended by adding "subject to section 8.1" at the beginning of clause (b) and by adding the following clause:

(c)subject to section 8.1, a question, the wording of which is established by an Act or a regulation under an Act.

(2)Subsection 8 (2.1) of the Act, as enacted by the Statutes of Ontario, 1999, chapter 14, Schedule F, section 6, is repealed.

(3)Section 8 of the Act, as amended by the Statutes of Ontario, 1999, chapter 14, Schedule F, section 6, is further amended by adding the following subsection:

Conflicts

(11)In cases of conflict, the Act or regulation establishing the wording of a question under clause (1) (c) or the Act authorizing the regulation establishing the wording of the question prevails over this Act or a regulation under this Act.

28.The Act is amended by adding the following sections:

Conditions re: submitting a question

8.1(1)A by-law to submit a question to the electors under clause 8 (1) (b) or (c),

(a)shall be passed at least 180 days before voting day in the election at which it is intended to submit the question to the electors;

(b)cannot be amended after the last date referred to in clause (a); and

(c)despite clause (b), can be repealed on or before nomination day and, if the election does not include an election for an office, on or before the 31st day before voting day.

Rules

(2)A question authorized by by-law under clause 8 (1) (b) shall comply with the following rules:

1.It shall concern a matter within the jurisdiction of the municipality.

2.Despite rule 1, it shall not concern a matter which has been prescribed by the Minister as a matter of provincial interest.

3.It shall be clear, concise and neutral.

4.It shall be capable of being answered in the affirmative or the negative and the only permitted answers to the question are "yes" or "no".

Notice of intent

(3)Before passing a by-law under clause 8 (1) (b) or (c), the clerk shall give at least 10 days notice of the intention to pass the by-law to the public and the Minister and hold at least one public meeting to consider the matter.

Notice of by-law

(4)Within 15 days after a municipality passes a by-law under clause 8 (1) (b) or (c), the clerk shall give notice of the passage of the by-law to the public and the Minister.

Contents

(5)A notice under subsections (3) and (4) shall include,

(a)the wording of the question;

(b)in the case of a by-law under clause 8 (1) (b), a clear, concise and neutral description of the consequences of the question if it is approved and the consequences if it is rejected with the special majority under section 8.2, including an estimate of the costs, if any, that the municipality may incur in implementing the results of the question; and

(c)in the case of a by-law under clause 8 (1) (b), a description of the right to appeal under subsection (6) including, in the case of a notice under subsection (4), the last day for filing a notice of appeal.

Appeal

(6)Within 20 days after the clerk gives notice of the passage of a by-law under clause 8 (1) (b), the Minister or any other person or entity may appeal to the Chief Election Officer of the Province of Ontario on the grounds the question does not comply with paragraph 3 or 4 of subsection (2) by filing with the clerk a notice of appeal setting out the objections and the reasons in support of the objections.

Notices to be forwarded

(7)The clerk shall, within 15 days after the last day for filing a notice of appeal under subsection (6), forward any notices of appeal received to the Chief Election Officer.

Other information

(8)The clerk shall provide any other information or material to the Chief Election Officer that the Chief Election Officer requires in connection with the appeal.

Hearing

(9)The Chief Election Officer or his or her designate shall, within 60 days of receiving notices under subsection (7), hold a hearing and dismiss the appeal or allow the appeal in whole or in part.

Order

(10)If the Chief Election Officer allows the appeal in whole or in part, the Chief Election Officer may make an order amending the by-law or directing the municipality to amend the by-law in the manner ordered.

Non-application

(11)Subsections (1) and (3) to (9) do not apply to anything done pursuant to an order under subsection (10).

Results

8.2(1)The results of a question authorized by a by-law under clause 8 (1) (b) are binding on the municipality which passed the by-law if,

(a)at least 50 per cent of the eligible electors in the municipality vote on the question; and

(b)more than 50 per cent of the votes on the question are in favour of those results.

Determination of number of votes

(2)For the purpose of clause (1) (a), the number of eligible electors shall be determined from the voters' lists as they exist at the close of voting.

Implementation

8.3(1)If the results of a question authorized by a by-law under clause 8 (1) (b) are binding on a municipality,

(a)if an affirmative answer received the majority of the votes, the municipality shall do everything in its power to implement the results of the question in a timely manner; and

(b)if a negative answer received the majority of the votes, the municipality shall not do anything within its jurisdiction to implement the matter which was the subject of the question for a period of three years following voting day.

Same

(2)Without limiting subsection (1), the municipality shall, between 14 and 180 days after voting day,

(a)if a by-law or resolution is required to implement the results of the question, ensure that it is prepared and placed before council or, if a series of by-laws are required to implement the results, ensure that the first of the series is prepared and placed before council;

(b)despite clause (a), if passage of a by-law or resolution required to implement the results of the question is subject to a condition precedent under a regulation or statute (such as giving notice or holding a public hearing), ensure the initial steps have been taken to comply with the condition;

(c)if administrative action to change a policy or practice is required to implement the results of the question, instruct municipal staff to take that action.

Limitation

(3)For the purpose of clause (1) (a), it is not within the jurisdiction of the municipality to eliminate or override any substantive or procedural legal right of any person or entity who is or may be affected by the implementation of the results of the question as illustrated by the following examples:

1.If a zoning change under the Planning Act is necessary to implement the results, the binding effect of the question is subject to the Planning Act and the discretion of the municipality under that Act is not constrained. If the zoning change is approved, the municipality is bound to implement the results; if it is not approved, the municipality is not bound.

2.If the results of the question require the passage of a by-law which requires notice to be given and at least one public meeting to be held to consider the matter before the by-law is passed, the binding effect of the question is subject to these procedural requirements and the discretion of the municipality to proceed following the public meeting is not constrained. If, after the public meeting, the municipality decides not to implement the results of the question, it is not required to do so.

Order

(4)A court presiding over a proceeding in respect of a recount, an offence under this Act or a proceeding under section 83 (controverted elections) may make an order temporarily staying the requirement of a municipality to implement the results of a question under this Act if satisfied that the requirement may be directly or indirectly affected by the proceeding.

Time restriction

(5)A municipality that has passed a by-law or resolution or taken any other action to implement the results of the question shall not do anything within its jurisdiction to reverse or substantially change the action for a period of three years following the day the action took effect.

Exception

(6)Nothing in this section requires a municipality to do anything or prevents a municipality from doing anything if,

(a)a subsequent binding question authorizes such action or inaction; or

(b)the council is of the opinion, reasonably held, that there has been a material change in circumstances since the time it passed the by-law under clause 8 (1) (b) to put the binding question to the electors.

29.(1)Subsection 11 (1) of the Act, as amended by the Statutes of Ontario, 1999, chapter 14, Schedule F, section 6, is further amended by adding the following paragraphs:

2.The clerks specified in the Regional Municipality of Halton Act are responsible for certain aspects of the election of members of the Regional Council, as set out in that Act.

3.The clerks specified in the Regional Municipality of Waterloo Act are responsible for certain aspects of the election of members of the Regional Council, as set out in that Act.

4.The clerks specified in subsection (5) are responsible for certain aspects of the election with respect to a question an upper-tier municipality submits to its electors under clause 8 (1) (b) or (c).

(2)Section 11 of the Act, as amended by the Statutes of Ontario, 1999, chapter 14, Schedule F, section 6, is further amended by adding the following subsection:

Upper-tier municipality

(5)Where an upper-tier municipality is submitting a question to its electors under clause 8 (1) (b) or (c), the clerk of the upper-tier municipality is responsible for conducting the election on the question except that the clerk of each local municipality which forms part of the upper-tier municipality for municipal purposes is responsible for recording the vote in the local municipality subject to the following:

1.Registration to incur expenses with respect to the question shall be filed with the clerk of the upper-tier municipality.

2.As soon as possible after the close of nominations or, in the case where the election does not involve an election for an office, no later than 28 days before voting day, the clerk of the upper-tier municipality shall provide the clerks of each of the local municipalities with a list of individuals, corporations or trade unions registered to incur expenses with respect to the question.

3.The clerk of each local municipality shall, subject to subsection 8 (9), certify the results of the election to the clerk of the upper-tier municipality.

4.The clerk of the upper-tier municipality shall prepare the final summary and announce the election results.

30.Subsection 19 (1) of the Act is repealed and the following substituted:

Preliminary list

(1)On or before July 31 in the year of a regular election, or such later deadline as the Minister may prescribe either before or after the July 31 deadline has passed, the Ontario Property Assessment Corporation shall prepare a preliminary list for each local municipality and deliver it to the clerk.

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

Registration for Municipal Question

Notice of registration

39.1(1)An individual, corporation or trade union described in paragraphs 1 to 3 of subsection 70 (3) that proposes to incur expenses with respect to a question under clause 8 (1) (b) or (c) shall, in person or by an agent, file with the clerk of the municipality responsible for conducting the election with respect to the question a notice of registration in the prescribed form which shall include a declaration of qualification signed by the individual, corporation or trade union, as the case may be.

Timing of registration

(2)An individual, corporation or trade union that files a notice of registration is registered on the date of the filing.

Restriction

(3)Municipalities and the other bodies described in subsection 70 (4) cannot be registered under this section.

Timing

(4)A registration shall not be filed earlier than the day the by-law to submit the question to the electors is passed and not later than nomination day and if the election does not involve an election for an office, not later than 31 days before voting day.

Certification

(5)The clerk shall, as soon as possible, examine each notice of registration that has been filed and,

(a)if satisfied that an individual, corporation or trade union is qualified to be registered and that the notice of registration complies with this Act, certify the notice of registration by signing it; or

(b)if not satisfied that an individual, corporation or trade union is qualified to be registered or that the notice of registration complies with this Act, reject the notice of registration.

Notice of rejection

(6)If the clerk rejects a notice of registration, the clerk shall, as soon as possible, give notice of the fact to the individual, corporation or trade union.

Decision final

(7)The clerk's decision to certify or reject a notice of registration is final.

Expenses

(8)Nothing in this Act prevents a municipality or the clerk of a municipality from incurring expenses in respect of the question which are required or authorized to be incurred by this Act.

32.(1)Subsection 65 (5) of the Act is amended by adding the following paragraph:

2.1Despite rules 1 and 2, in the case of a question authorized by a by-law under clause 8 (1) (b) or (c), the date of voting day shall be a day at least 180 days after the day the by-law is passed.

(2)Subsection 65 (6) of the Act is amended by striking out "subject to paragraph 2 of subsection (5)" at the end and substituting "but a question authorized by a by-law under clause 8 (1) (b) or (c) shall not be combined with a by-election for an office".

33.Paragraphs 2, 4 and 5 of subsection 68 (1) of the Act are repealed and the following substituted:

2.The election campaign period ends on December 31 in the case of a regular election and 45 days after voting day in the case of a by-election.

. . . . .

4.Despite rules 2 and 3, if the candidate has a deficit at the time the election campaign period would otherwise end and the candidate notifies the clerk in writing on or before December 31 in the case of a regular election and 45 days after voting day in the case of a by-election, the campaign period is extended and is deemed to have run continuously from the date of nomination until the earliest of,

i.the following December 31 in the case of a regular election and the end of the 12 month period following the 45th day after voting day in the case of a by-election,

ii.the day he or she is nominated in a subsequent election for an office on the council or local board in respect of which the deficit was incurred, and

iii.the day the candidate notifies the clerk in writing that he or she will not accept further contributions.

5.If, after the election campaign period ends under rule 2, 3 or 4, the candidate incurs expenses relating to a recount or to a proceeding under section 83 (controverted elections) and the candidate notifies the clerk in writing, the campaign period is deemed to have recommenced, subject to subsection (2), and to have run continuously from the date of nomination until the earliest of,

i.the day the total of A and B equal the total of C and D, where

A=any amount released to the candidate under subsection 79 (7),

B=any further contributions,

C=the expenses incurred after the election campaign period recommences,

D=the amount of the candidate's deficit, if any, before the election campaign period recommenced,

ii.the day he or she is nominated in a subsequent election for an office on the council or local board in respect of which the expenses referred to in subparagraph i were incurred,

iii.the day the candidate notifies the clerk in writing that he or she will not accept further contributions, and

iv.the following December 31 in the case of a regular election and the end of the 12-month period following the 45th day after voting day in the case of a by-election.

34.Section 77 of the Act is repealed and the following substituted:

Filing date, reporting period

77.For the purposes of sections 66 to 82,

(a)the filing date is, in the case of a regular election, the following March 31 and in the case of a by-election, 90 days after voting day;

(b)a supplementary filing date is the date that is 60 days after the end of a supplementary reporting period; and

(c)a supplementary reporting period is, in the case of a regular election, each six-month period following the year of the election and, in the case of a by-election, each six-month period following the 45th day after voting day.

35.(1)Clauses 78 (1) (a) and (b) of the Act are repealed and the following substituted:

(a)in the case of a regular election, as of December 31 in the year of the election; and

(b)in the case of a by-election, as of the 45th day after voting day.

(2)Subsection 78 (3) of the Act is repealed and the following substituted:

Supplementary report

(3)A supplementary financial statement or auditor's report shall include all the information contained in the initial statement or report filed under subsection (1) and in any previous supplementary statement or report under subsection (2), as the case may be, updated to reflect the changes to the candidate's election campaign finances during the supplementary reporting period.

36.Subsection 79 (10) of the Act is amended by striking out "Subsections (7) and (8) do not" at the beginning and substituting "Subsection (8) does not".

37.Subsection 80 (3) of the Act is amended by striking out "five" and substituting "10".

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

Application

82.1(1)Subject to subsection (2), the following provisions apply to an individual, corporation or trade union that is registered under section 39.1: section 66, subsection 67 (1), subsection 67 (2) except paragraph 9, subsection 68 (1) except subparagraph 4 ii, subsection 68 (2), sections 69 and 70, subsections 71 (1) and (3), sections 72 to 78, subsections 79 (1) and (2), subsection 79 (3) except clause (b), subsections 79 (4) to (7), section 81 and subsections 92 (1) to (4).

Modifications

(2)In the provisions referred to in subsection (1),

(a)a reference to a candidate shall be read as a reference to an individual, corporation or trade union registered under section 39.1;

(b)a reference to nomination shall be read as a reference to registration under section 39.1;

(c)a reference to a person shall be read as a reference to an individual, corporation or trade union;

(d)subsubparagraph B of subparagraph 66 (2) 2 iv shall be read as follows:

B.it is provided equally to all individuals, corporations or trade unions registered under section 39.1 with respect to a particular question;

(e)paragraphs 1 and 3 of subsection 68 (1) shall be read as follows:

1.The election campaign period begins on the day the individual, corporation or trade union files a notice of registration under section 39.1.

. . . . .

3.Despite rule 2, the election campaign period ends on the day the by-law authorizing the question is repealed in accordance with clause 8.1 (1) (c) or the day the notice of registration is rejected under subsection 39.1 (5).

(f)subsection 71 (1) shall be read as follows:

(1)A contributor shall not make contributions exceeding a total of $750 to any one individual, corporation or trade union registered under section 39.1 with respect to a particular question;

(g)subsection 79 (4) shall be read as if "the clerk shall hold the amount in trust for the candidate" were replaced with "the surplus becomes the property of the municipality"\; and

(h)subsection 92 (1) shall be read as if the reference to "sections 70 to 76" was a reference to sections "69 to 79".

39.(1)Subsection 95 (1) of the Act is amended by adding the following clause:

(a.1)prescribing a later deadline for the purpose of subsection 19 (1).

(2)Clause 95 (1) (h) of the Act, as enacted by the Statutes of Ontario, 1999, chapter 14, Schedule F, section 6, is repealed and the following substituted:

(h)prescribe matters of provincial interest for the purpose of paragraph 2 of subsection 8.1 (2);

(i)provide for transitional matters that, in the opinion of the Minister, are necessary or desirable for the conduct of the election with respect to a question under clause 8 (1) (b) or (c) at the 2000 regular election;

(j)governing and clarifying the application of the provisions of this Act related to questions under clauses 8 (1) (b) and (c);

(k)varying the application of the provisions of this Act related to questions under clauses 8 (1) (b) and (c) if, in the opinion of the Minister, it is necessary or desirable to do so to further the purposes of this Act.

(3)Subsection 95 (2) of the Act, as amended by the Statutes of Ontario, 1999, chapter 14, Schedule F, section 6, is repealed and the following substituted:

General or particular

(2)A regulation made under clause (1) (a), (a.1) (b), (c), (h), (i), (j) or (k) may be general or particular in its application.

Regulation prevails

(2.1)A regulation made under clause (1) (i) applies despite any provision in this or any other public or private Act.

(4)Subsection 95 (4) of the Act, as enacted by the Statutes of Ontario, 1999, chapter 14, Schedule F, section 6, is amended by striking out "or a resolution under subsection 8 (2)".

PART IV

Town of Moosonee Act, 2000

40.The Town of Moosonee Act, 2000, as set out in the Schedule, is hereby enacted.

41.The Moosonee Development Area Board Act, being chapter 294 of the Revised Statutes of Ontario, 1980, is repealed.

PART V

MISCELLANEOUS

Deeming provision

42.(1)Despite subsections 27 (8) and (9) of the Municipal Act, section 27 of that Act applies and is deemed to have always applied to the County of Oxford with respect to by-laws of the County passed on or before January 1, 2000.

Same

(2)Despite subsection 29 (4) of the Municipal Act, that subsection shall be deemed to have never applied to the area municipalities forming part of the County of Oxford for municipal purposes with respect to by-laws of the local municipalities passed on or before January 1, 2000.

Commencement

43.(1)Except as otherwise provided in this section, this Act comes into force on the day it receives Royal Assent.

Same

(2)The following come into force on January 1, 2001:

1.Part I, except subsections 1 (9), (10) and (11), 2 (3), (4) and (5), 3 (6), (7) and (8), 4 (3), (4) and (5) and 5 (9), (10) and (11).

2.Part II, except sections 6 and 15, subsections 21 (3), (4) and (5) and sections 22, 23, and 26.

3.Part IV and the Schedule.

Same

(3)Subsections 21 (3), (4) and (5) and sections 22, 23 and 26 come into force on December 1, 2000.

Same

(4)Despite paragraph 3 of subsection (2), the 2000 regular election under the Municipal Elections Act, 1996 held in the municipal area comprising the new Town of Moosonee shall be conducted as if the Town of Moosonee Act, 2000 were already in force and the rules set out in subsection 3 (2) of the Town of Moosonee Act, 2000 shall be deemed to be apply to the town council elected in that election.

Same

(5)Despite subsection (3), the 2000 regular election under the Municipal Elections Act, 1996 held in the municipal area comprising the City of Kenora shall be conducted as if section 26 of this Act was already in force.

Same

(6)Despite subsection (3), the 2000 regular elections under the Municipal Elections Act, 1996 in The Regional Municipality of Waterloo shall be conducted as if section 23 of this Act and a regulation made under subsection 6.2 (4) of The Regional Municipality of Waterloo Act (if any) and an order made under section 6.3 of the Regional Municipality of Waterloo Act were already in force.

Short title

44.The short title of this Act is the Direct Democracy Through Municipal Referendums Act, 2000.

Schedule

TOWN OF MOOSONEE ACT, 2000

Definitions

1.In this Act,

``Board" means The Moosonee Development Area Board as it exists on December 31, 2000; (``Conseil")

``municipal area" means the area that comprises the geographic area of jurisdiction of The Moosonee Development Area Board on December 31, 2000; (``secteur municipal")

``town" means The Corporation of the Town of Moosonee incorporated by this Act. (``ville")

Corporation

2.(1)On January 1, 2001, the inhabitants of the municipal area are constituted a body corporate under the name The Corporation of the Town of Moosonee in English and ville de Moosonee in French.

Local municipality

(2)The body corporate is a town and a local municipality for all purposes.

Clerk, treasurer

(3)The person who is the secretary-treasurer of the Board on December 31, 2000 becomes the clerk and treasurer of the town on January 1, 2001.

Council

3.(1)The town council is composed of the mayor and four other members, all of whom shall be elected by general vote of the electors of the town.

Rules - 2000 election

(2)The following special rules apply to the members of the town council elected in the 2000 regular election:

1.Despite section 6 of the Municipal Elections Act, 1996, the member's 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

4.(1)On January 1, 2001, The Moosonee Development Area Board is dissolved and the town stands in the place of the Board for all purposes.

Transfer

(2)All the assets and liabilities of the Board 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, and the town has the same rights and powers to collect and recover all unpaid taxes imposed by the Board, as if such taxes had been imposed by the town.

By-laws

(3)Every by-law or resolution of the Board 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.

Employees

(4)A person who is an employee of the Board on December 31, 2000, and who would, but for this Act, still be an employee of the Board on January 1, 2001 is entitled to be an employee of the town on January 1, 2001.

Same

(5)A person's employment with the Board shall be deemed not to have been terminated for any purpose by anything in subsection (4).

Emergency powers

(6)Despite subsection (1), until the town council elected in the 2000 regular election is organized, the Board continues to have the powers it possesses on December 31, 2000 for the purpose of dealing with emergencies.

Special jurisdiction

5.(1)Part III of the Municipal Affairs Act applies with respect to the town and the Ministry of Municipal Affairs and Housing and the Ontario Municipal Board have the powers described in that Part in relation to the town.

Elimination of powers

(2)The Minister of Municipal Affairs and Housing may, by regulation, provide that Part III of the Municipal Affairs Act ceases to apply with respect to the town and on the day that the regulation comes into force, the Ministry and the Board shall cease to have the powers described in that Part in respect of the town.

Conduct of 2000 election

6.(1)The secretary-treasurer of the Board shall conduct the regular election in 2000 in the municipal area under the Municipal Elections Act, 1996.

Same

(2)The Board shall act as the council for the purpose of making the decisions that the council is required to make under the Municipal Elections Act, 1996, for the regular election but once the council of the town is organized, the council of the town shall make those decisions.

Transitional matters

7.(1)Despite this or any other Act, until December 31, 2003 the Minister of Municipal Affairs and Housing may, by regulation, provide for transitional matters which the Minister considers necessary or expedient to implement the incorporation of the town.

Conflicts

(2)In the event of a conflict between a regulation made under subsection (1) and this or any other Act, the regulation prevails.

Short title

8.The short title of this Act is the Town of Moosonee Act, 2000.

[37] Bill 62 As Amended by Standing Committee (PDF)

Bill 62

Bill 622000

An Act to enact, amend and repeal

various Acts in order to encourage

direct democracy through

municipal referendums, to provide

additional tools to assist restructuring

municipalities and to deal

with other municipal matters

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

PART I

Amendments to the City of greater Sudbury Act, 1999, the Town of Haldimand Act, 1999, the City of Hamilton Act, 1999, the Town of Norfolk Act, 1999 and the City of Ottawa Act, 1999

City of Greater Sudbury Act, 1999

1.(0.1)The French version of the City of Greater Sudbury Act, 1999 is amended by striking out "cit du Grand Sudbury" and substituting "ville du Grand Sudbury" in the short title of the Act and in the definition of "cit" in section 1.

(0.2)Subsection 2 (1) of the Act is amended by striking out "cit du Grand Sudbury" and substituting "ville du Grand Sudbury".y

(1)Paragraph 7 of subsection 5 (1) of the Act is repealed and the following substituted:

7.The City of Valley East.

(2)Paragraph 9 of subsection 5 (1) of the Act is repealed and the following substituted:

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

Rights and duties

(4)Section 5 of the Act is amended by adding the following subsection:

Local boards

(5)The Act is amended by adding the following sections:

Certain police powers

11.1 The city, and not the Greater Sudbury Police Services Board, may pass the by-laws that a police services board of a city may pass under sections 234 and 239 of the Municipal Act.

Highways

11.2 The city may establish, lay out, construct, maintain and improve highways in unorganized territory adjoining the municipal area.

Powers re parks, etc.

11.3 (1)The city may acquire land for public parks, zoological gardens, recreation areas, squares, avenues, boulevards and drives and may establish, lay out, improve and maintain them.

Same

(2)For the purposes described in subsection (1), the city has the powers of a board of park management under the Public Parks Act.

Land owned by conservation authorities

11.4 (1)This section applies to land that is vested in a conservation authority and that is managed and controlled by the city under an agreement between the city and the conservation authority.

Parks, etc.

Roads and traffic

Sale of liquor in parks

Restriction

(2)The power of the city is subject to the Liquor Licence Act.

Waste management

Exception

Same

Appeal

(4)If consent is refused under subsection (1) or the applicant and the city fail to agree on the conditions relating to the consent, the applicant may appeal to the Ontario Municipal Board.

Same

(5)The Ontario Municipal Board shall hear and determine the matter, and may impose such conditions as it considers appropriate.

Same

(6)The decision of the Ontario Municipal Board is final.

Confirmation by L.G. in C.

(7)Section 95 of the Ontario Municipal Board Act does not apply to a decision made under subsection (5).

Fluoridation of water

11.7 (1) On and after January 1, 2001, the city may continue to fluoridate the water supply of those areas of the city to which fluoridated water was being supplied on December 31, 2000.

Agreements

Powers re homes

Agreement re collection of tax arrears

Other powers

(6)The Act is amended by adding the following sections:

Borrowing limit for 2001

Surplus or operating deficit for 2001

Payment of damages to employees

Same

(2)Subsection (1) also applies in respect of members of the Greater Sudbury Police Force and persons deemed to be city employees for the purposes of the Workplace Safety and Insurance Act, 1997.

Conditions

(3)The city may impose conditions on the payment.

Application

(4)Subsection (1) applies whether the damages were recovered by a court proceeding or otherwise.

(7)The Act is amended by adding the following section:

Interpretation

(8)Section 33 of the Act is amended by adding the following subsection:

Limitation

(3)Despite subsection (1), after December 31, 2000, the powers of persons continued in office are limited to the powers described in subsections 5 (5) and 8 (4).

(9)Clause 36 (1) (b) of the Act is repealed.