hordruma/ontario_laws_and_regs huggingface dataset:
PART VI PRACTICES AND PROCEDURES
Inspection of records
199 (1) Subject to the Municipal Freedom of Information and Protection of Privacy Act, any person may, at all reasonable times, inspect any of the records under the control of the clerk, including, (a) by-laws and resolutions of the City and of its local boards; (b) minutes and proceedings of regular, special or committee meetings of the city council or of the city’s local boards, whether the minutes and proceedings have been adopted or not; (c) records considered at a meeting, except those records considered during that part of a meeting that was closed to the public; (d) the records of city council; (e) statements of remuneration and expenses prepared under section 223.  2006, c. 11, Sched. A, s. 199 (1). Certified copies (2) Upon request, the clerk shall, within a reasonable time, provide a certified copy under seal of the City of any record referred to in subsection (1) to any applicant who pays the fee established by the City.  2006, c. 11, Sched. A, s. 199 (2).
PART VI PRACTICES AND PROCEDURES
Retention of records
200 (1) The City shall retain and preserve the records of the City and its local boards in a secure and accessible manner and, if a local board is a local board of the City and one or more other municipalities, the City is jointly responsible with the other affected municipalities for complying with this subsection.  2006, c. 11, Sched. A, s. 200 (1). Same, local boards (2) Despite subsection (1), a local board of the City that has ownership and control of its records shall retain and preserve the records in a secure and accessible manner.  2006, c. 11, Sched. A, s. 200 (2). Agreement (3) If the City or a local board of the City has a duty to retain and preserve records under this section, the City or local board may enter into an agreement for archival services with respect to the records but a local board shall not enter into such an agreement without the consent of each of the municipalities of which it is a local board and the City shall not enter into such an agreement unless the other municipalities, if any, with whom the City has joint duty to retain and preserve the records also are party to the agreement.  2006, c. 11, Sched. A, s. 200 (3). Effect of transfer (4) Records transferred to a person pursuant to an agreement under subsection (3) remain, for the purposes of the Municipal Freedom of Information and Protection of Privacy Act, under the ownership and control of the City or of a local board of the City if the local board falls within the definition of or is designated as an institution under that Act.  2006, c. 11, Sched. A, s. 200 (4). Duties of archivist (5) A person to whom records are transferred pursuant to an agreement under subsection (3) shall retain and preserve the records transferred to it in a secure and accessible manner.  2006, c. 11, Sched. A, s. 200 (5). Role of the City, local board (6) The City and a local board shall ensure that a person to whom records are transferred pursuant to an agreement under subsection (3) fulfils the obligations under subsection (5).  2006, c. 11, Sched. A, s. 200 (6). Interpretation (7) In this section, the requirement to retain and preserve records in an accessible manner means that the records can be retrieved within a reasonable time and that the records are in a format that allows the content of the records to be readily ascertained by a person inspecting the records.  2006, c. 11, Sched. A, s. 200 (7).
PART VI PRACTICES AND PROCEDURES
Retention periods
201 (1) Except as otherwise provided, a record of the City or a local board of the City may only be destroyed in accordance with this section.  2006, c. 11, Sched. A, s. 201 (1). Destruction of records (2) Despite section 200, a record of the City or a local board of the City may be destroyed if a retention period for the record has been established under this section and, (a) the retention period has expired; or (b) the record is a copy of the original record.  2006, c. 11, Sched. A, s. 201 (2). Retention periods (3) The City may establish retention periods during which the records of the City and its local boards must be retained and preserved in accordance with section 200.  2006, c. 11, Sched. A, s. 201 (3); 2017, c. 10, Sched. 2, s. 25 (1). Joint local boards (4) Despite subsection (3), if a local board is a local board of the City and one or more other municipalities, a majority of the affected municipalities may establish retention periods during which the records of the local board must be retained and preserved in accordance with section 200.  2006, c. 11, Sched. A, s. 201 (4); 2017, c. 10, Sched. 2, s. 25 (2). Records transferred (5) Subsections (1) to (4) continue to apply to records transferred to a person under section 200.  2006, c. 11, Sched. A, s. 201 (5). Interpretation (6) In this section, “record” does not include a record of the police services board of the City that is directly related to any law enforcement activity with respect to a person or body.  2006, c. 11, Sched. A, s. 201 (6). Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “record” in subsection 201 (6) of the Act is amended by striking out “police services board” and substituting “police service board”. (See: 2019, c. 1, Sched. 4, s. 10 (13)) Section Amendments with date in force (d/m/y) 2017, c. 10, Sched. 2, s. 25 (1, 2) - 30/05/2017 2018, c. 3, Sched. 5, s. 11 (13) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 10 (13) - not in force Eligibility
PART VI PRACTICES AND PROCEDURES
Eligibility for office
202 Every person is qualified to be elected or to hold office as a member of city council, (a) who is entitled to be an elector in the City under section 17 of the Municipal Elections Act, 1996; and (b) who is not disqualified by this or any other Act from holding the office.  2006, c. 11, Sched. A, s. 202.
PART VI PRACTICES AND PROCEDURES
Ineligibility for office
203 (1) The following persons are not eligible to be elected as a member of city council or to hold office as a member of city council: 1. Except in accordance with section 30 of the Municipal Elections Act, 1996, i. a city employee, ii. a person who is not a city employee but who is the clerk, treasurer, Integrity Commissioner, Auditor General or Ombudsman or registrar referred to in section 168 or an investigator referred to in subsection 190.2 (1) of the City, or iii. a person who is not a city employee but who holds any administrative position of the City. 2. A judge of any court. 3. A member of the Assembly as provided in the Legislative Assembly Act or of the Senate or House of Commons of Canada. 4. Except in accordance with Part V of the Public Service of Ontario Act, 2006 and any regulations made under that Part, a public servant within the meaning of that Act.  2006, c. 11, Sched. A, s. 203 (1); 2006, c. 32, Sched. B, s. 44; 2006, c. 35, Sched. C, s. 15 (2). Disqualification (2) A member of city council is disqualified from holding office if, at any time during the term of office of that member, he or she, (a) ceases to be a Canadian citizen; (b) is not a resident, the owner or tenant of land or the spouse of an owner or tenant of land in the City; or (c) would be prohibited under this or any other Act from voting in an election for the office of member of city council if an election was held at that time.  2006, c. 11, Sched. A, s. 203 (2). Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. B, s. 44 - 01/01/2007; 2006, c. 35, Sched. C, s. 15 (2) - 20/08/2007 Vacancies
PART VI PRACTICES AND PROCEDURES
Vacant seat
204 (1) The office of a member of city council becomes vacant if the member, (a) becomes disqualified from holding the office of a member of council under section 202 or 203; (b) fails to make the declaration of office before the deadline in section 186; (c) is absent from the meetings of council for three successive months without being authorized to do so by a resolution of council; (d) resigns from his or her office and the resignation is effective under section 205; (e) is appointed or elected to fill any vacancy in any other office on the council; (f) has his or her office declared vacant in any judicial proceeding; (g) forfeits his or her office under this or any other Act; or (h) dies, whether before or after accepting office and making the declaration of office required by section 186.  2006, c. 11, Sched. A, s. 204. Exception (2) Clause (1) (c) does not apply to vacate the office of a member of city council who is absent for 20 consecutive weeks or less and if the absence is a result of the member’s pregnancy, the birth of the member’s child or the adoption of a child by the member. 2017, c. 10, Sched. 2, s. 26. Section Amendments with date in force (d/m/y) 2017, c. 10, Sched. 2, s. 26 - 30/05/2017
PART VI PRACTICES AND PROCEDURES
Resignation as member
205 (1) A member of city council may resign from office by notice in writing filed with the clerk.  2006, c. 11, Sched. A, s. 205 (1). Restriction (2) Despite subsection (1), a resignation is not effective if it would reduce the number of members of city council to less than a quorum.  2006, c. 11, Sched. A, s. 205 (2).
PART VI PRACTICES AND PROCEDURES
Restriction on holding office
206 (1) Except where otherwise provided, no person may hold more than one office governed by the Municipal Elections Act, 1996 at the same time anywhere in Ontario.  2006, c. 11, Sched. A, s. 206 (1). Election void (2) If a person is nominated for, and his or her name appears on the ballots for, more than one office and he or she is elected to any of those offices, his or her election is void and the office is vacant.  2006, c. 11, Sched. A, s. 206 (2).
PART VI PRACTICES AND PROCEDURES
Filling vacancies
208 (1) If a vacancy occurs in the office of a member of city council, the City shall, subject to this section, (a) fill the vacancy by appointing a person who has consented to accept the office if appointed; or (b) require a by-election to be held to fill the vacancy in accordance with the Municipal Elections Act, 1996.  2006, c. 11, Sched. A, s. 208 (1). Court-ordered election (2) If an order is made in any judicial proceeding requiring a by-election be held to fill a vacancy on city council, the clerk shall hold the by-election in accordance with the Municipal Elections Act, 1996.  2006, c. 11, Sched. A, s. 208 (2). Rules applying to filling vacancies (3) The following rules apply to filling vacancies: 1. Within 60 days after the day a declaration of vacancy is made with respect to the vacancy under section 207, the City shall, i. appoint a person to fill the vacancy under subsection (1), or ii. pass a by-law requiring a by-election be held to fill the vacancy under subsection (1). 2. Despite paragraph 1, if a court declares an office to be vacant, the City shall act under subsection (1) within 60 days after the day the court makes its declaration. 3. Despite subsections (1) and (2), if a vacancy occurs within 90 days before voting day of a regular election, the City is not required to fill the vacancy.  2006, c. 11, Sched. A, s. 208 (3).
PART VI PRACTICES AND PROCEDURES
Application to court
210 (1) Any elector entitled to vote at the election of members of city council may apply to the Superior Court of Justice for a declaration that the office of a member of city council has become vacant in accordance with this Act.  2006, c. 11, Sched. A, s. 210 (1). Judicial finding (2) If the court finds that the office of a member of city council has become vacant, it may order the member removed from office and declare the office vacant.  2006, c. 11, Sched. A, s. 210 (2). Application of S.O. 1996, c. 32 (3) Subsection 83 (3) and sections 85, 86 and 87 of the Municipal Elections Act, 1996 apply to the application as if it were an application under section 83 of that Act.  2006, c. 11, Sched. A, s. 210 (3). Combined application (4) The application may be combined with an application under section 83 of the Municipal Elections Act, 1996, in which case the applications shall be heard and disposed of together.  2006, c. 11, Sched. A, s. 210 (4).
PART VI PRACTICES AND PROCEDURES
Minister’s order re by-election
211 (1) If city council is unable to hold a meeting for a period of 60 days because of a failure to obtain a quorum, the Minister of Municipal Affairs and Housing may by order declare all the offices of the members of the council to be vacant and a by-election shall be held in accordance with the Municipal Elections Act, 1996.  2006, c. 11, Sched. A, s. 211 (1). Timing (2) The 60-day period referred to in subsection (1) commences on the day of the first meeting that could not be held because of a failure to obtain a quorum.  2006, c. 11, Sched. A, s. 211 (2). Interim order (3) Where the Minister makes an order under subsection (1), or the offices of a majority of the members of city council are for any reason declared vacant, the Minister may by order exercise or appoint one or more persons to exercise the duties and obligations of the council until such time as a by-election is held in accordance with the Municipal Elections Act, 1996, and the members so elected have taken office.  2006, c. 11, Sched. A, s. 211 (3). Policies Adoption, etc., of policies
PART VI PRACTICES AND PROCEDURES
City policies
212 (1) The City shall adopt and maintain policies with respect to the following matters: 1. Its sale and other disposition of land. 2. Its hiring of employees. 2.1 The relationship between members of council and the officers and employees of the City. 3. Its procurement of goods and services. 4. The circumstances in which the City shall provide notice to the public and, if notice is to be provided, the form, manner and times notice shall be given. 5. The manner in which the City will try to ensure that it is accountable to the public for its actions, and the manner in which the City will try to ensure that its actions are transparent to the public. 6.  Repealed:  2009, c. 33, Sched. 21, s. 4 (12). 7. The delegation of its powers and duties. 8. The financing of capital works, including the limits on the annual costs associated with the financing. 9. The manner in which the City will protect and enhance the tree canopy and natural vegetation in the City. 10. Pregnancy leaves and parental leaves of members of city council. 2006, c. 11, Sched. A, s. 212 (1); 2009, c. 33, Sched. 21, s. 4 (12); 2017, c. 10, Sched. 2, s. 27. Policies of certain local boards (2) A local board (restricted definition) shall adopt and maintain policies with respect to the following matters: 1. Its sale and other disposition of land. 2. Its hiring of employees. 3. Its procurement of goods and services.  2006, c. 11, Sched. A, s. 212 (2). Definition (3) In this section, “local board (restricted definition)” means, (a) a local board other than a police services board and a hospital board, Note: On a day to be named by proclamation of the Lieutenant Governor, clause (a) of the definition of “local board (restricted definition)” in subsection 212 (3) of the Act is amended by striking out “police services board” and substituting “police service board”. (See: 2019, c. 1, Sched. 4, s. 10 (14)) (b) a local housing corporation as defined in the Housing Services Act, 2011, despite clause 26 (b) of that Act, and (c) any other prescribed body performing a public function.  2006, c. 11, Sched. A, s. 212 (3); 2011, c. 6, Sched. 1, s. 186 (2). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 21, s. 4 (12) - 25/01/2010 2011, c. 6, Sched. 1, s. 186 (2) - 01/01/2012 2017, c. 10, Sched. 2, s. 27 - 01/03/2019 2018, c. 3, Sched. 5, s. 11 (14) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 10 (14) - not in force Integrated Planning for Service Delivery
PART VI PRACTICES AND PROCEDURES
Regulations re integration of planning for service delivery
212.1 The Minister may make regulations prescribing actions that the City must take which, in the opinion of the Minister, are necessary or desirable to support the integration of planning for municipal service delivery with planning for service delivery by other public bodies or by other persons. 2017, c. 10, Sched. 2, s. 28. Section Amendments with date in force (d/m/y) 2017, c. 10, Sched. 2, s. 28 - 30/05/2017 Quashing By-laws
PART VI PRACTICES AND PROCEDURES
Application to quash by-law, etc.
214 (1) Upon the application of any person, the Superior Court of Justice may quash a by-law, order or resolution of the City or a local board of the City in whole or in part for illegality.  2006, c. 11, Sched. A, s. 214 (1). Inquiry (2) If an application to quash alleges a contravention of subsection 90 (3) of the Municipal Elections Act, 1996, the Superior Court of Justice may direct an inquiry into the alleged contravention to be held before an official examiner or a judge of the court, and the evidence of the witnesses in the inquiry shall be given under oath and shall form part of the evidence in the application to quash.  2006, c. 11, Sched. A, s. 214 (2). Other cases (3) The court may direct that nothing shall be done under the by-law, order or resolution until the application is disposed of.  2006, c. 11, Sched. A, s. 214 (3). Timing (4) An application to quash a by-law, order or resolution in whole or in part, subject to section 250, shall be made within one year after the passing of the by-law, order or resolution.  2006, c. 11, Sched. A, s. 214 (4). Judicial Investigation
PART VI PRACTICES AND PROCEDURES
Investigation by judge
215 (1) If the City so requests by resolution, a judge of the Superior Court of Justice shall, (a) investigate any supposed breach of trust or other misconduct of a member of city council, a city employee or a person having a contract with the City in relation to the duties or obligations of that person to the City; (b) inquire into any matter connected with the good government of the City; or (c) inquire into the conduct of any part of the public business of the City, including business conducted by a commission appointed by city council or elected by the electors.  2006, c. 11, Sched. A, s. 215 (1). Application of Public Inquiries Act, 2009 (2) Section 33 of the Public Inquiries Act, 2009 applies to the investigation or inquiry by the judge.  2009, c. 33, Sched. 6, s. 46 (5). Report (3) The judge shall report the results of the investigation or inquiry to the City as soon as practicable.  2006, c. 11, Sched. A, s. 215 (3). Counsel (4) The City may hire counsel to represent the City and pay fees for witnesses who are summoned to give evidence at the investigation or inquiry.  2006, c. 11, Sched. A, s. 215 (4). Representation by counsel (5) Any person whose conduct is called into question in the investigation or inquiry may be represented by counsel.  2006, c. 11, Sched. A, s. 215 (5). Costs (6) The judge may engage counsel and other persons to assist in the investigation or inquiry and the costs of engaging those persons and any incidental expenses shall be paid by the City.  2006, c. 11, Sched. A, s. 215 (6). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 6, s. 46 (5) - 01/06/2011 CTS 30 AU 10 - 2 Restricted Acts after Nomination Day
PART VI PRACTICES AND PROCEDURES
Restricted acts
216 (1) City council shall not take any action described in subsection (3) after the first day during the election for a new council on which it can be determined that one of the following applies to the new council that will take office following the election: 1. If the new council will have the same number of members as the outgoing council, the new council will include less than three-quarters of the members of the outgoing council. 2. If the new council will have more members than the outgoing council, the new council will include less than three-quarters of the members of the outgoing council or, if the new council will include at least three-quarters of the members of the outgoing council, three-quarters of the members of the outgoing council will not constitute, at a minimum, a majority of the members of the new council. 3. If the new council will have fewer members than the outgoing council, less than three-quarters of the members of the new council will have been members of the outgoing council or, if at least three-quarters of the members of the new council will have been members of the outgoing council, three-quarters of the members of the new council will not constitute, at a minimum, a majority of the members of the outgoing council.  2006, c. 11, Sched. A, s. 216 (1). Basis for determination (2) If a determination under subsection (1) is made, (a) after nomination day but before voting day, the determination shall be based on the nominations to the new council that have been certified and any acclamations made to the new council; or (b) after voting day, the determination shall be based on the declaration of the results of the election including declarations of election by acclamation.  2006, c. 11, Sched. A, s. 216 (2). Restrictions (3) The actions referred to in subsection (1) are, (a) the appointment or removal from office of any city officer; (b) the hiring or dismissal of any city employee; (c) the disposition of any real or personal property of the City which has a value exceeding $50,000 at the time of disposal; and (d) making any expenditures or incurring any other liability which exceeds $50,000.  2006, c. 11, Sched. A, s. 216 (3). Exception (4) Clauses (3) (c) and (d) do not apply if the disposition or liability was included in the most recent budget adopted by city council before nomination day in the election.  2006, c. 11, Sched. A, s. 216 (4). Powers unaffected (5) Nothing in this section prevents the City taking any action in the event of an emergency.  2006, c. 11, Sched. A, s. 216 (5). Same (6) Nothing in this section prevents any person or body exercising authority of the City that is delegated to the person or body prior to nomination day for the election for the new council.  2006, c. 11, Sched. A, s. 216 (6). Insurance
PART VI PRACTICES AND PROCEDURES
Definitions
217 In this section and in sections 218 to 221, “designated employee” means any salaried officer, or any other person in the employ of the City or of a local board (extended definition) of the City and includes, (a) a member of the city police force, Note: On a day to be named by proclamation of the Lieutenant Governor, clause (a) of the definition of “designated employee” in section 217 of the Act is amended by striking out “police force” at the end and substituting “police service”. (See: 2019, c. 1, Sched. 4, s. 10 (15)) (b) persons that provide their services on behalf of the City without remuneration, exclusive of reimbursement of expenses or honoraria, if city council has passed a by-law designating such persons or classes of persons as designated employees for the purposes of this section, and (c) any other person or class of persons designated as a designated employee by the Minister of Municipal Affairs and Housing; (“employé désigné”) “designated former employee” means a person who was formerly a designated employee of the City or a local board (extended definition) of the City; (“ancien employé désigné”) “former member” means a person who was formerly a member of city council or of a local board (extended definition) of the City; (“ancien membre”) “local board (extended definition)” means a local board as defined in the Municipal Affairs Act. (“conseil local (définition élargie)”)  2006, c. 11, Sched. A, s. 217. Section Amendments with date in force (d/m/y) 2018, c. 3, Sched. 5, s. 11 (15) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 10 (15) - not in force