hordruma/ontario_laws_and_regs huggingface dataset:
PART II GENERAL POWERS OF THE CITY
Regulations re the provincial interest
25 (1) If the Lieutenant Governor in Council considers that it is necessary or desirable in the provincial interest to do so, the Lieutenant Governor in Council may make regulations imposing limits and conditions on the power of the City under sections 7, 8 and 267 or Part XII.1 or providing that the City cannot exercise the power in prescribed circumstances.  2006, c. 11, Sched. A, s. 25 (1); 2017, c. 8, Sched. 4, s. 3. Deemed revocation (2) A regulation made under subsection (1) is deemed to be revoked 18 months after the day on which the regulation comes into force, unless the regulation expires or is revoked before then.  2006, c. 11, Sched. A, s. 25 (2). Restriction (3) The Lieutenant Governor in Council does not have the power to renew, or extend in time, a regulation made under subsection (1) or to replace it with a regulation of similar effect.  2006, c. 11, Sched. A, s. 25 (3). Same (4) Subsection (3) does not affect any authority to make regulations under any other section of this or any other Act.  2006, c. 11, Sched. A, s. 25 (4). Effect on by-laws (5) If a regulation made under subsection (1) imposes limits or conditions on a power of the City or provides that the City cannot exercise a power in prescribed circumstances, any by-law made by the City under the applicable power is inoperative to the extent of the limits, conditions or prohibition.  2006, c. 11, Sched. A, s. 25 (5). Section Amendments with date in force (d/m/y) 2017, c. 8, Sched. 4, s. 3 - 01/01/2018
PART II GENERAL POWERS OF THE CITY
Regulations to continue powers
26 (1) The Lieutenant Governor in Council may make regulations authorizing the City to exercise a power that it had on the day before this section comes into force.  2006, c. 11, Sched. A, s. 26 (1). Retroactive (2) A regulation under subsection (1) may be retroactive to a day not earlier than the day on which this section comes into force.  2006, c. 11, Sched. A, s. 26 (2). Same, powers on December 31, 2002 (3) The Lieutenant Governor in Council may make regulations authorizing the City to exercise a power that it had on December 31, 2002.  2006, c. 11, Sched. A, s. 26 (3). Retroactive (4) A regulation under subsection (3) may be retroactive to a day not earlier than January 1, 2003.  2006, c. 11, Sched. A, s. 26 (4). Regulations (4.1) The Lieutenant Governor in Council may make regulations authorizing the City to exercise a power that it had on the day before section 96 of Schedule B to the Municipal Statute Law Amendment Act, 2006 came into force.  2006, c. 32, Sched. B, s. 8 (1). Retroactive (4.2) A regulation under subsection (4.1) may be retroactive to a day not earlier than the day on which section 96 of Schedule B to the Municipal Statute Law Amendment Act, 2006
came into force.  2006, c. 32, Sched. B, s. 8 (1). Use of power (5) A regulation under subsection (1), (3) or (4.1) may provide for any matter that in the opinion of the Lieutenant Governor in Council is necessary or desirable in order to ensure that the exercise by the City of the power before the later of the day the regulation is filed and the day the regulation comes into force has the same effect as if the City had always had the power, including extinguishing any right, obligation or interest acquired or accrued.  2006, c. 11, Sched. A, s. 26 (5); 2006, c. 32, Sched. B, s. 8 (2). Conflicts (6) If there is a conflict between a regulation made under this section and a provision of this or any other Act or a provision of another regulation made under this or any other Act, the regulation made under this section prevails.  2006, c. 11, Sched. A, s. 26 (6). Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. B, s. 8 (1, 2) - 01/01/2007 2017, c. 8, Sched. 4, s. 3 - not in force
PART II GENERAL POWERS OF THE CITY
Regulations re procedural requirements, specific powers
27 The Minister of Municipal Affairs and Housing may make regulations prescribing matters for the purposes of subsection 12 (5).  2006, c. 11, Sched. A, s. 27; 2017, c. 10, Sched. 2, s. 3. Section Amendments with date in force (d/m/y) 2017, c. 10, Sched. 2, s. 3 - 30/05/2017
PART II GENERAL POWERS OF THE CITY
Regulations re delegation
28 The Minister of Municipal Affairs and Housing may make regulations, (a) restricting or imposing conditions on the power of the City to delegate its powers and duties; (b) prescribing Acts for the purposes of subsection 21 (2); (c) prescribing powers and duties for the purposes of paragraph 9 of section 22.  2006, c. 11, Sched. A, s. 28. part III   General Powers:  limits and additions Highways
PART III GENERAL POWERS: LIMITS AND ADDITIONS
What constitutes highway
31 The following are highways unless they have been closed: 1. All highways of the City that existed on the day before this section comes into force. 2. All highways established by city by-law on or after January 1, 2003. 3. All highways transferred to the City under the Public Transportation and Highway Improvement Act. 4. All road allowances, highways, streets and lanes shown on a registered plan of subdivision in the City.  2006, c. 11, Sched. A, s. 31.
PART III GENERAL POWERS: LIMITS AND ADDITIONS
By-laws
32 (1) Except as otherwise provided in this Act, the City may pass by-laws in respect of only those highways over which it has jurisdiction.  2006, c. 11, Sched. A, s. 32 (1). Joint jurisdiction (2) If a highway is under the joint jurisdiction of the City and one or more other municipalities, a by-law in respect of the highway must be passed by all of the municipalities having jurisdiction over the highway.  2006, c. 11, Sched. A, s. 32 (2).
PART III GENERAL POWERS: LIMITS AND ADDITIONS
Jurisdiction re highways
33 Except as otherwise provided in this Act or under section 8 of the Public Transportation and Highway Improvement Act or in a by-law passed under this Act, the City has jurisdiction or joint jurisdiction, as the case may be, over the following highways: 1. All highways over which the City had jurisdiction or joint jurisdiction the day before this section comes into force. 2. All highways established by city by-law on or after January 1, 2003. 3. All highways transferred to the City under the Public Transportation and Highway Improvement Act or any other Act. 4. All road allowances, highways, streets and lanes shown on a registered plan of subdivision.  2006, c. 11, Sched. A, s. 33.
PART III GENERAL POWERS: LIMITS AND ADDITIONS
Boundary lines
34 (1) Subject to section 33 and to a by-law passed under section 52 of the Municipal Act, 2001, if a highway forms the boundary line between the City and another local municipality, the City and the other municipality have joint jurisdiction over the highway.  2006, c. 11, Sched. A, s. 34 (1). Joint jurisdiction, bridges (2) Subject to section 33 and to a by-law passed under section 52 of the Municipal Act, 2001, if a bridge joins a highway under the jurisdiction of the City to a highway under the jurisdiction of another municipality, the bridge is under the joint jurisdiction of the municipalities.  2006, c. 11, Sched. A, s. 34 (2). Deviation of boundary lines (3) If, because of physical difficulties or obstructions, a highway does not follow a boundary line throughout but deviates so that parts of it lie wholly within the City or the other boundary municipality, the highway is deemed to be the boundary line between the City and the other municipality for the purposes of determining jurisdiction over the highway.  2006, c. 11, Sched. A, s. 34 (3).
PART III GENERAL POWERS: LIMITS AND ADDITIONS
Agreement re boundary line
35 (1) If the City and another municipality having joint jurisdiction over a boundary line highway enter into an agreement under which each municipality agrees to keep any part of the highway in repair for its whole width and to indemnify the other municipality from any loss or damage arising from the lack of repair for that part, the agreement and a copy of the by-law authorizing the agreement may be registered in the proper land registry office for the area in which the highway is located.  2006, c. 11, Sched. A, s. 35 (1). Effect (2) If the City and another municipality enter into an agreement under subsection (1), each municipality has jurisdiction over that part of the highway that it has agreed to keep in repair and is liable for any damages that arise from failure to keep the highway in repair and the municipality which no longer has jurisdiction is relieved from all liability in respect of the repair of that part.  2006, c. 11, Sched. A, s. 35 (2).
PART III GENERAL POWERS: LIMITS AND ADDITIONS
By by-law
37 (1) Land may only become a highway of the City on or after January 1, 2003 by virtue of a by-law establishing the highway and not by the activities of the City or any other person in relation to the land, including the spending of public money.  2006, c. 11, Sched. A, s. 37 (1). Certain highways not affected (2) Subsection (1) does not apply to highways described in paragraphs 3 and 4 of section 33.  2006, c. 11, Sched. A, s. 37 (2). Exclusion (3) Section 42 does not apply to the following highways until the City has passed a by-law assuming the highway for public use: 1. An unopened road allowance made by the Crown surveyors. 2. A road allowance, highway, street or lane shown on a registered plan of subdivision.  2006, c. 11, Sched. A, s. 37 (3). Other exclusions (4) Section 42 does not apply to a highway laid out or built by any person before January 1, 2003 unless the highway was assumed for public use by the City or it has been established by by-law.  2006, c. 11, Sched. A, s. 37 (4). Widening highways (5) If the City acquires land for the purpose of widening a highway, the land acquired forms part of the highway to the extent of the designated widening.  2006, c. 11, Sched. A, s. 37 (5).
PART III GENERAL POWERS: LIMITS AND ADDITIONS
Highway closing procedures
38 (1) A city by-law permanently closing a highway does not take effect until a certified copy of the by-law is registered in the proper land registry office.  2006, c. 11, Sched. A, s. 38 (1). Consent (2) A city by-law permanently closing a highway shall not be passed without the consent of the Government of Canada if the highway, (a) abuts on land, including land covered by water, owned by the Crown in right of Canada; or (b) leads to or abuts on a bridge, wharf, dock, quay or other work owned by the Crown in right of Canada.  2006, c. 11, Sched. A, s. 38 (2).
PART III GENERAL POWERS: LIMITS AND ADDITIONS
Removing and restricting common law right of passage
39 (1) Without limiting sections 7 and 8, those sections authorize the City to remove or restrict the common law right of passage by the public over a highway and the common law right of access to the highway by an owner of land abutting a highway.  2006, c. 11, Sched. A, s. 39 (1). (2) Repealed:  2006, c. 32, Sched. B, s. 9. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. B, s. 9 - 01/01/2007
PART III GENERAL POWERS: LIMITS AND ADDITIONS
Restriction, motor vehicles
45 (1) The City shall not establish a system of permits for motor vehicles or trailers, as those terms are defined in the Highway Traffic Act, similar to the system under Part II of that Act.  2006, c. 11, Sched. A, s. 45. Power to pass by-laws not affected (2) Subsection (1) does not limit or prohibit the passing of a by-law under Part X (Power to Impose Taxes); however, such a by-law cannot prohibit or regulate the driving of a vehicle on a highway and, for greater certainty, it cannot establish a requirement that must be met before a vehicle can be driven on a highway.  2009, c. 33, Sched. 21, s. 4 (1). Same (3) A by-law under Part X (Power to Impose Taxes) is deemed not to contravene subsection (2) by reason only of the Province taking any action on behalf of the City with respect to the administration, enforcement or collection of the tax imposed by the by-law.  2009, c. 33, Sched. 21, s. 4 (1). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 21, s. 4 (1) - 25/01/2010
PART III GENERAL POWERS: LIMITS AND ADDITIONS
Restriction, farming vehicles
46 (1) Subject to subsection (2), the City does not have the power to pass a by-law to require that a licence or permit be obtained in respect of a wheeled vehicle used for farming purposes before the vehicle may be used upon any highway of the City.  2006, c. 11, Sched. A, s. 46 (1). Limitation (2) Subsection (1) applies to a vehicle used for farm purposes only when travelling from farm to farm for farm purposes or when travelling to or from places for the maintenance or repair of the vehicle.  2006, c. 11, Sched. A, s. 46 (2).
PART III GENERAL POWERS: LIMITS AND ADDITIONS
Entry on land, snow fences
47 Despite section 15, the City may, at any reasonable time, enter upon any land within the City or within an adjoining municipality and lying along any highway under its jurisdiction, including land owned by Her Majesty in right of Ontario, for the purpose of erecting and maintaining a snow fence.  2006, c. 11, Sched. A, s. 47.
PART III GENERAL POWERS: LIMITS AND ADDITIONS
Entry on land, naming highways
48 (1) The City may, at any reasonable time, enter upon land lying along a highway to install and maintain a sign setting out the name of a highway.  2006, c. 11, Sched. A, s. 48 (1). Private roads (2) If the City has passed a by-law under section 44 to name or change the name of a private road, the City may, at any reasonable time, enter upon land lying along the private road to install and maintain a sign setting out the name of the road.  2006, c. 11, Sched. A, s. 48 (2).
PART III GENERAL POWERS: LIMITS AND ADDITIONS
Entry on land, tree trimming
49 (1) The City may, at any reasonable time, enter upon land lying along any of its highways, (a) to inspect trees and conduct tests on trees; and (b) to remove decayed, damaged or dangerous trees or branches of trees if, in the opinion of the City, the trees or branches pose a danger to the health or safety of any person using the highway.  2006, c. 11, Sched. A, s. 49 (1). Immediate danger (2) An employee or an agent of the City may remove a decayed, damaged or dangerous tree or branch of a tree immediately and without notice to the owner of the land upon which the tree is located if, in the opinion of the employee or agent, the tree or branch poses an immediate danger to the health or safety of any person using the highway.  2006, c. 11, Sched. A, s. 49 (2).
PART III GENERAL POWERS: LIMITS AND ADDITIONS
Application to court
50 (1) The City may apply to a judge of the Superior Court of Justice for an order requiring the owner of land lying along a highway to remove or alter any vegetation, building or object on the land that may obstruct the vision of pedestrians or drivers of vehicles on the highway, cause the drifting or accumulation of snow or harm the highway if the City is unable to enter into an agreement with the owner of the land to alter or remove the vegetation, building or object from the land.  2006, c. 11, Sched. A, s. 50 (1). Order (2) Upon application by the City under subsection (1), the judge may make an order, subject to the payment of such compensation to the owner or other conditions as the judge may fix, (a) requiring the owner of the land to remove or alter the vegetation, building or object in respect of which the application is made; or (b) authorizing the City to enter upon the land, upon such notice to the owner as the judge may fix, to remove or alter the vegetation, building or object. 2006, c. 11, Sched. A, s. 50 (2).
PART III GENERAL POWERS: LIMITS AND ADDITIONS
Impounding of objects, vehicles on highway
51 (1) If the City passes a by-law for prohibiting or regulating the placing, stopping, standing or parking of an object or vehicle on or near a highway, it may provide for the removal and impounding or restraining and immobilizing of any object or vehicle placed, stopped, standing or parked on or near a highway in contravention of the by-law and subsection 170 (15) of the Highway Traffic Act applies with necessary modifications to the by-law.  2006, c. 11, Sched. A, s. 51 (1). Exception (2) Subsection (1) does not authorize any action with respect to a motor vehicle on a parking lot on land not owned or occupied by the City.  2006, c. 11, Sched. A, s. 51 (2). Entry on land (3) The City may, at any reasonable time, enter upon land near a highway for a purpose described in subsection (1).  2006, c. 11, Sched. A, s. 51 (3). Sale of impounded object, etc. (4) Despite subsection (1), if the removed object or vehicle (other than a motor vehicle) is used to sell anything on or near a highway and the object or vehicle is not claimed by the owner within 60 days after its removal, it becomes the property of the City and may be sold and the proceeds shall form part of the general funds of the City.  2006, c. 11, Sched. A, s. 51 (4). Perishable objects (5) Despite subsections (1) and (4), any perishable object or refreshment in or on the removed object or vehicle becomes the property of the City upon removal and may be destroyed or given to a charitable institution.  2006, c. 11, Sched. A, s. 51 (5). Exception (6) Subsection (5) does not apply to a perishable object or refreshment that comes into the possession of a police force in the circumstances described in section 132 of the Police Services Act.  2006, c. 11, Sched. A, s. 51 (6). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 51 (6) of the Act is amended by striking out “a police force in the circumstances described in section 132 of the Police Services Act” at the end and substituting “a police service in the circumstances described in section 258 of the Community Safety and Policing Act, 2019”. (See: 2019, c. 1, Sched. 4, s. 10 (3)) Section Amendments with date in force (d/m/y) 2018, c. 3, Sched. 5, s. 11 (3) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 10 (3) - not in force
PART III GENERAL POWERS: LIMITS AND ADDITIONS
Amount added to tax roll
51.1 (1) If the City passes a by-law for leasing the untravelled portion of a highway to the owner or occupant of land abutting the highway, amounts payable pursuant to the lease may be added to the tax roll and collected in the same manner as municipal taxes.  2006, c. 32, Sched. B, s. 10. Exception (2) Subsection (1) does not apply to an amount payable if it is a fee or charge to which section 264 applies.  2006, c. 32, Sched. B, s. 10. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. B, s. 10 - 01/01/2007
PART III GENERAL POWERS: LIMITS AND ADDITIONS
Mistakes
52 (1) If, before January 1, 2003, the City by mistake opened a highway not wholly upon the original road allowance, the land occupied by the highway is deemed to have been expropriated by the City and no person on whose land the highway was opened may bring an action in respect of the opening of the highway or to recover possession of the land.  2006, c. 11, Sched. A, s. 52 (1). Compensation (2) The person on whose land the highway was opened is entitled to compensation in accordance with the Expropriations Act as if the land were expropriated.  2006, c. 11, Sched. A, s. 52 (2).
PART III GENERAL POWERS: LIMITS AND ADDITIONS
Highways not opened on original road allowance
53 (1) If, before January 1, 2003, a highway was opened by the City on land in the place of all or part of an original road allowance and compensation was not paid for the land, the owner of the land appropriated for the highway or the successor in title to the owner is entitled to the following: 1. If that person owns the land abutting on the allowance, the owner is entitled to the soil and freehold of the original road allowance and to a conveyance of the original road allowance. 2. If that person does not own the land abutting on the allowance and if the allowance is sold by the City, the owner is entitled to the part of the purchase price that bears the same proportion to the whole purchase price as the value of the part of the land occupied by the highway that belonged to the owner bears to the value of the land occupied by the highway.  2006, c. 11, Sched. A, s. 53 (1). Multiple owners (2) If the land abutting on the original road allowance or part of the original road allowance is owned by more than one person, each person is entitled to the soil and freehold of and a conveyance of that part of the allowance abutting their land to the middle line of the allowance.  2006, c. 11, Sched. A, s. 53 (2).
PART III GENERAL POWERS: LIMITS AND ADDITIONS
Person in possession
54 (1) If, before January 1, 2003, a person in possession of an original road allowance or a predecessor in title of that person opened a highway in the place of the original road allowance on that person’s land without receiving compensation for the land and the person is in possession of all or part of the original road allowance, that person is entitled to the soil and freehold of the allowance or part of it and to a conveyance of the original road allowance or part of it.  2006, c. 11, Sched. A, s. 54 (1). Multiple persons in possession (2) If more than one person is in possession of the road allowance, each person is entitled to the soil and freehold of and a conveyance of that part of the allowance abutting their land to the middle line of the allowance.  2006, c. 11, Sched. A, s. 54 (2). Condition (3) This section only applies if the highway has been established by city by-law or otherwise assumed for public use by the City and if, in the opinion of city council, the original road allowance is not needed by the City.  2006, c. 11, Sched. A, s. 54 (3).
PART III GENERAL POWERS: LIMITS AND ADDITIONS
Enclosed road allowance
55 (1) If, on December 12, 2001, a person was in possession of part of an original road allowance abutting the person’s land and that part was enclosed with a lawful fence, that person is deemed, as against every person except the City, to have legal possession of that part of the road allowance until a by-law is passed assuming the road allowance for public use or requiring the person to remove the fence.  2006, c. 11, Sched. A, s. 55 (1). Limitation (2) Subsection (1) only applies if the part of the original road allowance has not been assumed for public use because another road is being used in its place or if another road parallel or near to it was established in its place.  2006, c. 11, Sched. A, s. 55 (2). Transportation